HomeMy WebLinkAbout132-18 Renewal 2021 Town of Sunset BeachDCMCoordinator: l'LCL Permit#: — IeneV-Tai
MAILING DISTRIBUTION SHEET
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DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington i �F (OBJECTIONS )
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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
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