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HomeMy WebLinkAbout64-18 Amended 2018 Town of SwansboroPermit Number 64-18 STATE OF NORTH CAROLINA R Department of Environmental Quality and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 1.13-229 to Town of Swansboro, 601 West Corbett Ave., Swansboro, NC 28584 izing development in Onslow County at adj. to White Oak River, at the 400 Block in Swansboro , as requested in the permittee's application dated 1/22/18, including attached both dated Revised 3/17/18. 1�1-hts permit, issued on July 9, 2018 is subject to compliance with the application (where 4c"onsistent with the permit), all applicable regulations,, special conditions and notes set forth below. Any violation o ttie96 terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Offshore Sills Unless specifically altered herein, this permit authorizes the construction of the offshore sills and support structures, all as specifically and expressly set forth in the attached workplan drawings. The alignment of the authorized offshore sills shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. No portion of the offshore sills located within the riparian corridors to the west of the authorized offshore sill shall be positioned more than 25 feet from the normal high water line. (See attached sheets for Additional Conditions) action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the xis within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. -nmit must be accessible on -site to Department when the project is inspected for compliance. e work or project modification not covered further Division approval. cease when the permit expires on December 31, 2021 This permit and its conditions are hereby accepted. this permit, the State of North Carolina agrees that t is consistent with the North Carolina Coastal t Program. Signature of Permittee Swansboro r. ADDITIONAL CONDITIONS Permit No. 64-18 Page 2 of 3 The offshore sill material shall consist of clean oyster shell, rock, granite, marl, or broken concrete. Sill materials shall be of a size sufficient and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted offshore sills for the purpose of Coastal Wetland The backfill authorized by this permit shall be graded to a sufficient elevation and slope, related to "normal low water, to allow for the successful planting and colonization of native Coastal Wetland species. Coastal Wetland plantings are authorized within the authorized fill area, landward of the offshore sills. No fill is authorized within any existing marsh areas or outside of theproject's property part of the fill placed waterward of the derelict bulkhead shall be placed above the normal high water accordance with commitments made by the permittee, upon completion of the offshore sills, the tuarine Waters located between the offshore sills and the existing bulkhead shall be planted with five Coastal Wetland species, all expressly and specifically detailed in the attached narrative and orkplan drawings. This Coastal Wetland planting area shall be monitored by the permittee, and the anittee shall be responsible for replanting if deemed necessary by the Division of Coastal magement (DCM), for a minimum period of 5 years after the first planting event, or until the DCM notified the pemuttee in writing that the Coastal Wetland plantings have acclimatized or naturalized. cumentation-of the monitoring results shall be provided annually to the DCM prior to December 3 P any year. If, after 5 years, the DCM determines the plantings have not acclimatized or naturalized, nediation of the planting area or removal of the sand fill may be required. All fill material to be placed below normal water high level shall be confined to the area behind the permitted offshore sills. 'The height of the permitted offshore sills shall not exceed 12 inches above normal high water level. The offshore sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet =above normal high water. The permittee shall maintain the offshore sills in conformance with the terms and conditions of this ,permit or the remaining structure shall be removed within 90 days of notification from the Division of Coastal Management. Permit No. 64-18 Page 3 of 3 ADDITIONAL CONDITIONS General 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://www.fws.gov/ne-es/mammal/manateq-_guidelines.pff. 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. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation .of any mobilization activities. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 54 (Action ID SAW-2017-02084). _.. . . __ _ . __.. _ _ E: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0568. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: Permit #: �7 �B /�fo►+�d DISTRMUTION SHEET ...... Permitee: 690sr— 60/ �l/C Z65B, DCM Field Offices Elizabeth City (with revised work plan drawings) 'Morehead City Z)rN-1- �® Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden,*Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletler.(Bertie, Cutrituck, Dare, Gates; Pamlico, Pasquotank, Washington)' Tom Steffans (NC )D.OT- Beaufort; Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECitylWashington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) `a W Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NMOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Cumtuck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Rabb Maim — 401(Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401(Brunswick) Georgette Scott : Stormwatei Joanne Steenhuis - 401(NMOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn(WARO) LPO: jldit t/llyw(( Fax Distribution- Petmittee #: Agent# CoastalManagement. ENVIRONMENTAL QUALITY July 10, 2018 Town of Swansboro c/o J. Scott Chase 601 West Corbett Ave. Swansboro, NC 28584 Dear Sir: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the. conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the • issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By Working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure • Incerely, DoEfglas V. Huggete Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quallty I Coastal Management Morehead City Otrloe 1 460 Commerce Avenue I Morehead Oty, NC 28557 252 808 2806