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HomeMy WebLinkAbout132-18 Renewal 2021 Town of Sunset BeachDCMCoordinator: l'LCL Permit#: — IeneV-Tai MAILING DISTRIBUTION SHEET Permittee: T wv of $_v} &nack do H kayh NrZr, & --)DO 5u44 d td,5*q4t t4gmck 1 NG 29461 DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington i �F (OBJECTIONS ) �d- US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger — 401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) �,1 5>2sr� Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: (NCDOT) Travis Wilson Permit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermft for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-1 18 X Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 132-18 Issued to Town of Sunset Beach c/o Hiram Marziano, 700 Sunset Blvd. N. Sunset Beach, NC 28468 Authorizing development in Brunswick County at East of Sunset Beach bridge within Mary's and Turtle Creeks, Sunset Beach as requested in the permittee's applieatien letter dated 10/13/2021. This permit, issued on October 27, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action: or may cause the permit to be null and void. 1) This renewal shall be attached to Permit No. 132-18, which was issued to the permittee on 12/11/2018, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No. 2001-1868v2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. SAW-2002-00247. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission. date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires farther Division approval. All work must cease when the permit expires on December 31.2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Coastal Management CAMA Major Permit Renewal Request District: WiRO Major Permit Staff: Cameron Luck Applicant ' Name: Town of Sunset Beach Request Date:10-13-21 Last Firs! 10-15-21 Received in Office: AdProdress:ect Sunset BddgewithlnMary'santlTurtla'scaeks Sunset Beach 28468 Address: StreetAddress City Z!P Code CAMAPermit 132-18 12-31-2021 100 No.: Permit Expiration Date: Payment $ Agent's Name: District Manager/Field Rep Approve? (Initial Appropriate Box) YES NO � ❑ DWR Project 2001-1868v2 iJ$ ID ion 2002-00247 No: ID No.: Has substantial YES NO If Yes, development occurred? ❑ F77 Explain: YES NO RecommendtoRenew? 7 ❑ If Not Approved, provide Justification: Staff G Signature: I 6 2ca -002/ RECEIVED OCT 2 21011 MP SECTION DCM - MHD CITY 700 Sunset Boulevard North • Sunset Beach, NC 28468 'Telephone: 910-579-6297 • Fax: 910-579-1840 Website: www.sunsetbeachnc.gov • Email: sunsetbeach@atmo.net October 13, 2021 Ms. Tara MacPherson Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Jack Hobbs, Town Administrator RECEIVED OCT 15 2021 DCM WILMINGTON, NC Re: Development Period Extension — Mary's and Turtle Creek Dredge Permit #132-18 Dear Ms. MacPherson: The Town of Sunset Beach was issued a Major Development Permit originally on December 11, 2018. The Permit is due to expire on December 31, 2021; a copy of the original permit is attached for your information. The Town continues to work towards dredging Mary's and Turtle Creeks; however, the one (1) bid that the Town received for the mechanical dredging project exceeded the Town's budget. We are currently working with Sam Morrison, Doug Huggett and Dawn York with Moffatt and Nichol to determine the options the Town has regarding the mechanical dredging project going forward. We request that the Mary's and Turtle Creeks dredging permit be extended while we work through the issues with this project. Please find enclosed a check in the amount of $100.00 for the two-year extension of the permit. We sincerely appreciate your consideration and thank you very much for your help in this matter. Sincerely, Lz �/ �• ` Lisa H. Anglin RECEIVED Assistant Town Administrator/Town Clerk OCT 222021 Mayor: Shannon Phillips • Mayor Pro-Tem: John CorbelD CMP SECTION Town Council: Jan Harris • Jamie Phillips • Tom Borman • Charlesa bC CITY Part of North Carolina's Brunswick Islands Permit Class Permit Number NEW 132-18 STATE OF NORTH CAROLINA Department of Environmental Qua CEIVED and RECEIVED Coastal Resources Commission Prll�itt OCI 2 2 2011 OCT 15 2021 MP SECTION for DCM, - MHD CITYDCM WILMINGTON, NC X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Sunset Beach c/o Hiram Marziano, 700 Sunset Blvd. N, Sunset Beach, NC 28468 Authorizing development in Brunswick County at East of Sunset Beach bridge within Mary's and Turtle Creeks, Sunset Beach as requested in the permittee's application dated 10/25/18 (MP-1) and 11/6/18 (MP-4) including attached workplan drawings (7) 1-7 of 7 all dated October 2018. This permit, issued on December 11, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ne sutiject to ones, imprisonment or civil action; or may cause the permit to be null and void. Excavation I) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the mean low water level at the mouth of the creeks and -4 feet below mean low water at, the head of creeks. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit actionmay be appealed by the permittee or other Signed by the authority of the Secretary of DEO and the qualuiea persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management. Program. Chairman of the Coastal Resources Commission. fbir, Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. / f Signature of Permit Town of Sunset Beach RECEIVED Permit No. 132-18 Page 2 of 3 ADDITIONAL CONDITIONS OCT 2 2 2021RECEIVED MP SECTION 4) No excavation or filling of Coastal Wetlands is authorized byRyj�eiMp CITY OCT 15 2021 5) Excavation shall not occur within twenty (20) feet of any Coastal Wetlands. DCM WILMINGTON, NC 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation outside the authorized dredge footprint within the PNA shall be permitted. New dredging in any manner, including"kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the life of the authorized project. 7) The Town of Sunset Beach and its contractors will employ National Marine Fisheries Service's (NMFS') Sea Turtle and Smalltooth Sawfish Construction Conditions (rev. March 23, 2006). These guidelines.can be found at littos://sero.nnifs.noaa.t!ov/protected resources/section 7/anidanee does/documents/sca turtle and sm alltooth sawfish construction conditions ;=' ;-O6 ndl' T 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://Nywwa\Vs.floN,/nc-es/mammal/nianateePuidelines ndli Ovster Relocation 9) Prior to the initiation of any dredging activities within Mary's and/or Turtle Creeks, the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan for the Mary's and/or Turtle Creeks oyster population(s). Contact the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of satisfactory completion of the relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging in Mary's and/or Turtle Creeks. Spoil Disposal 10) No excavated materials shall be deposited, even temporarily within 30' of the normal high water line. 11) All excavated materials shall be-confinedabove normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Town of Sunset Beach Permit No. 132-18 RECEIVED Page 3 of 3 ADDITIONAL CONDITI9n, 2 2021 RECEIVED Maintenance ClauseMP SECTION OCT 15 2021 DCM - MHD CITY 4) The Division of Coastal Management shall be notified in writing at least two (2PQ86fflAAWZ6ftfNC any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. , The date of map revision and the permittee's signature shown anew on the original plan. General 5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 6) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) This permit does not authorize the interference with -any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is farther, advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2002- 00247. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4I44 and assigned the project DWR Project No. 2001-1868v2. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Date Date Check From Name of Vendor Check Check Permit Rct. d Received Deposited Permit Holder Number amount Number/Comments 10/21/2021 Town of Sunset same First 22003 $100.00 Major Renewal Fee #132-18, BB rct. Beach Citizens Mary's and Turtle's Creek, Sunset 1S928 Bank Beach BrCo 0 � � m cco0 n m o M 3