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HomeMy WebLinkAbout112-05 Minor Mod 2017 Town of Swansboronit Class Permit Number 112-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 d to Town of Swansboro, 601 W Corbett Avenue, Swansboro, NC 28584 orizing development in Onslow County White Oak River, Highway 24, in as requested in the permittee's letter dated 6/22/17, including the nit, issued on August 10, 2017 , is subject to compliance with the application (where consistent permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may A to fines, imprisonment or civil action; or may cause the permit to be null and void. Unless specifically altered herein, this Minor Modification authorizes the pier reconfiguration and bulkhead replacement, all as expressly and specifically set forth in the attached letter and workplan drawing. Any additional development activities may require a modification of this permit. The bulkhead alignment shall approximate the existing bulkhead alignment. This permit does not authorize any fill waterward of the approved alignment. The bulkhead shall be constructed prior to any backfilling activities. (See attached sheet for additional conditions) ermit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the ied persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. .permit must be accessible on -site to Department ariel when the project is inspected for compliance. work or project modification not covered further Division approval. must cease when the permit expires on December 31, 2018 this permit, the State of North Carolina agrees that ;ct is consistent with the North Carolina Coastal ;nt Program. �l 6t Braxton C. avis, Director ivtsion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Swansboro ADDITIONAL CONDITIONS Permit No..112-05 Page 2 of 2 The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the backfill material shall be obtained from a high ground source and confined behind the permitted The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. s Minor Modification shall be attached to the original Permit No. 112-05, which was issued on '05, and copies of all documents must be readily available on site when Division personnel inspect project for compliance. conditions and stipulations of the active permit remain in force unless specifically altered herein. The U.S, Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2005-00900. The Division of Water Resources assigned the proposed project DWR Project No. 051050. A minor modification application processing fee of $100 was received by DCM for this project. Coastal Management ENVIRONMENTAL QUALITY DATE: 6/21 /17 TO WHOM IT MAY CONCERN Cc: Gregg Bodnar, Asst. Major Permits Coordinator FROM: Ryan Davenport THROUGH: ROY BROWNLOW, District Manager SUBJECT: STATE PERMIT NO.112.05 MINOR MODIFICATION DWR PROJECT ID No.: 051050 USACE ACTION ID NO. SAW-2005-00900 Bicentennial Park fishing pier 1.(VY CUUPhK Governor MICHAEL S. REGAN Secremry BRAXTON DAVIS Director By copy of this memo, DCM is requesting that you provide any comment your agency may have on the proposed project to GREGG BODNAR, Asst. Major Permits Coordinator for DCM. Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City Headquarters office within 14 days of the receipt of this memo. Please find correspondence enclosed dated 6/22/17 from Kathy Vinson, requesting a permit modification. State Permit No. 112-05 was issued on 2/3/17 for the dockwalk on the White Oak River, Onslow County. The permit expires on 12/31/18. The applicant is requesting to replace the existing 200' bulkhead. The Town of Swansboro is also asking to replace the existing fishing pier with a 16'X20' gazebo and a 21175' fishing platform. A processing fee of $100 was received on 6/22/17, check #33829 Please contact me at the Morehead City District office if you have any questions. State of North Carolina I Environmental Quality I Comm[ Management 400 Commerce Ave I Morehead City, NC 28557 252 809 2808 T COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 June 22, 2017 Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit 112-05 Modification Town of Swansboro Dear Ryan: Office 252354.4916 Fax 252.247.5875 Major CAMA permit 112-05 was issued to the Town of Swansboro on September 6, 2005 for construction of Phase I of the Town's Dock Walk along the White Oak River. The permit has been modified several times to further extend the Dock Walk and make other improvements to Bicentennial Park. The permit has remained open, having recently been renewed though December 2018. The Town of Swansboro is currently requesting a modification to permit 112-05 for construction of a pedestrian/fishing pier to replace a previously existing fishing pier at Bicentennial Park. The new pier will be larger than the recently demolished structure. Replacement or repairs to a significant portion of the existing bulkhead at the park are also included in the current modification request. Enclosed are the project narrative and proposed project plans. Also enclosed is a check drawn on the Town's account in the amount of $100.00 to cover the permit application fee. An agent letter from Town Manager Scott Chase authorizing me to represent the Town for this project is also included. The adjacent riparian neighbors have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. Thank you for your assistance with this project. Please contact me at 252-240-9297 or kbvinson(aec.rr.com if you have questions or need additional information. Sincerely, Q,4' Kathy B. Vinson, AICP Enclosures 33�a 9 J6v, DECEIVED JUN 2 2 2017 DCM- MHD CITY Board of Commissioners Scott Chadwick, Mayor Philip Keagy, Mayor Pro Tem Patricia Turner, Commissioner John Lister, Commissioner Frank Tursi, Commissioner Roy Herrick, Commissioner SM Town Manager J. Scott Chase, AICP schasena ci.swunsboro.no.us Town Clerk Administrative Services Director Paula W. Webb, MMC-NCCMC pwebbna,ci.swansboro. nc.us Town of Swansboro Friendly City by the Sea • Established 1783 www.swansboro-nc.ore May23, 2017 To Whom It May Concern: I authorize Kathy Vinson, AICP of Coastal Planning Services, Inc. to represent the Town of Swansboro and apply for CAMA permits for development of Bicentennial Park. This authorization extends to all permits and approvals required by local, state, and federal agencies that may be required as part of the permitting process. I also authorize release of information related to the project site to Ms. Vinson, including boundary surveys, topographic maps, and results of wetland delineation and soil permeability tests. If you have questions or need additional information, please feel free to contact me. Town Manager RECEIVED JUN 2 2 2017 DCM- MHD CITY 601 W. Corbett Avenue 9 Swansboro, NC 28584 • Phone: 910/326A428 • Fax: 910/326-3I01 Town of Swansboro Bicentennial Park Improvements CAMA Permit 112-05 Minor Modification Request June 2017 Introduction Major CAMA permit 112-05 was issued to the Town of Swansboro on September 6, 2005 for construction of Phase I of the Town's Dock Walk along the White Oak River, consisting of ± 615 linear feet of public boardwalk beginning at Riverview Park. A minor modification to the permit was approved in May 2008 to construct a covered platform as part of Phase I. In 2014 the permit was again modified to authorize Phase II improvements, including an extension of the existing boardwalk, and improvements to Bicentennial Park. The park improvements included installation of a kayak launch with floating dock and gangway, construction of a sidewalk connecting the existing parking area to the kayak launch, installation of an open trellis, and landscaping. In 2016 a minor modification authorized the demolition and reconstruction of a fishing pier and gazebo at Bicentennial Park within the previously existing footprint. The original fishing pier was deemed unsafe and has been demolished. With this submittal the Town is requesting a permit modification to construct a larger pedestrian/fishing pier to be located in the same location as the previously existing fishing pier. Replacement or repairs to a significant portion of the existing bulkhead at the park are also included in the current modification request. Existing Conditions Bicentennial Park is located in downtown Swansboro on NC Highway 24 (Corbett Avenue) at the White Oak River Bridge. The park was built by the Town in 1983 to commemorate its 200`' birthday. While the park is located on both sides of the bridge, the project area is limited to the park area north of Highway 24. The northern section of the park contains an accessible kayak launch, boardwalk along the shoreline, bulkhead, brick and concrete walkways, and a single -story wood frame restroom facility. Pedestal lighting, a picnic area, benches, historical memorials and markers, and a connecting walkway beneath Highway 24 are also available. Town of Swansboro KtUtIVED CAMA Permit 112-05 Modification Request June 22, 2017 JUN 2 2 2017 Page 1 DCM- MHD CITY The previous fishing pier was constructed in 1996. It was very popular and received heavy use by pedestrians and recreational anglers for many years. It was deemed unsafe due to deterioration and was demolished in 2016. Proposed Improvements The replacement pedestrian/fishing pier will be larger than the original pier to help address the local need for public waterfront access. The inclusive design of the new facility will be accessible for individuals of all ages, abilities, and those using wheelchairs. The proposed T-style pier will be constructed of concrete slats and will include a roofed entrance gazebo measuring 20 feet by 16 feet. The gazebo section of the pier will contain built-in benches and tables and will be roofed in the same style as other Town -owned access facilities, including the Church Street Waterfront Gazebo and Harry C. Pugliese Pavilion at Olde Towne Square. The main platform of the proposed pedestrian/fishing pier will be larger than the original pier in order to better accommodate the many park visitors. It will measure 75 feet by 21 feet and provide raised benches along the front and alternating levels of top railing to accommodate wheelchairs and individuals of varying heights. A fish -cleaning station and built-in benches are also proposed. Improvements to the existing bulkhead at Bicentennial Park are also included in the permit modification request. The bulkhead measures 200linear feet and contains sections where the support members and front side have deteriorated and need to be replaced. The sections needing replacement measure approximately 120 linear feet, although it is anticipated that the entire length of bulkhead may soon need attention. No work associated with this project will occur in the NC Highway 24 right-of-way. All proposed improvements will be made on the Town -owned park parcel and associated riparian corridor. The proposed improvements to Bicentennial Park will expand public water access for residents and visitors to Swansboro. The project is consistent with policies for improving public water access and other recreational opportunities contained in several Town of Swansboro plans and policy documents. The Bicentennial Park improvement project will implement policies contained in the Town of Swansboro Land Use Plan, Waterfront Access and Development Plan, Comprehensive Parks and Recreation Plan, and report of the Downtown Renaissance Committee. Town of Swansboro CAMA Permit 112-05 Modification Request June 22, 2017 RECEIVED Page JUN 2 2 2017 DCM- MHD CITY �q C O P Y ` nl ,- COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 June 22, 2017 Mr. Patrick Riddle NC Department of Transportation 295-A Wilmington Highway Jacksonville, NC 28540 Re: Town of Swansboro Major CAMA Permit 112-05 Modification Dear Mr. Riddle: Office 252.354.4916 Fax 252.247.5875 Coastal Planning Services, Inc. is providing CAMA permitting assistance to the Town of Swansboro for improvements to Bicentennial Park, located adjacent NC Highway 24 at the White Oak River Bridge. The current project involves construction of a pedestrian/fishing pier to replace a previously existing pier located at the site. Replacement or repairs to the existing bulkhead are also included. On behalf of the Town we have applied for a modification to major CAMA permit 112-05 to authorize the proposed work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are hereby notifying you of the proposed plans. Enclosed with this letter are copies of the project narrative and plans. If you have objections or comments regarding the proposal. please write or call the Division of Coastal Management (DCMI within 30 days of receipt of this notice. You may reach DCM at the following address and phone number. Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-908-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please contact meat 252-240-9297 or kbvinsonCmec.mcom if you have questions or need additional information. I will be happy to discuss the proposed project with you. Sincerely, o%. B. 14w,4� Kathy B. Vinson, AICP Enclosures RECEIVED JUN 2 2 2017 DCM- MHD CITY COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 June 22, 2017 Ms. Nancy Morton P.O. Box 863 Swansboro, NC 28594 Re: Town of Swansboro Major CAMA Permit 112-05 Modification Dear Ms. Morton Coastal Planning Services, Inc. is providing CAMA permitting assistance to the Town of Swansboro for improvements to Bicentennial Park, located adjacent NC Highway 24 at the White Oak River Bridge. The current project involves construction of a pedestrian/fishing pier to replace a previously existing pier located at the site. Replacement or repairs to the existing bulkhead are also included. On behalf of the Town we have applied for a modification to major CAMA permit 112-05 to authorize the proposed work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are hereby notifying you of the proposed plans. Enclosed with this letter are copies of the project narrative and plans. If you have objections or comments regarding the proposal, please write or call the Division of Coastal Management (DCM) within 30 days of receipt of this notice. You may reach DCM at the following address and phone number: Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please contact me at 252-240-9297 or kbvinson(cDec.rr.com if you have questions or need additional information. I will be happy to discuss the proposed project with you. Sincerely, RECEIVED JUN 2 2 2017 Kathy B. Vinson, AICP Enclosures DCM- MHD CITY U.S. postal Service"' CERTIFIED MAIL" RECEIPT o o,mestic mail only °' cBO .na feR.O�ro E Cr SWOO p G 7 s 3` 1 3 toEe cea k ❑1NuaPaepf,wT) $ 2017posbnefk N ( � $— Here C3 ❑csMnaaaeo p paaun s�gn.mre aegm�ea $ QAtlunsignatum ReeMo E O postage ru $ s1.19 J2017 LnToW Postage and sea E Ln Sent To ro rl r, N tl)nns ho__C�.,..l1� _...---- ..... .n Er o- o- m ul ru 0 0 0 0 ru Ln rq J. RECEIVED 0 JUN 22 2017 DCM- MHD CITY DCM Field Rep: DCM Coordinator: Permitee: Agent(s):_ „ PLI I� WHIM IIIIIIIIIII� us 90 p1esse P 95q� gt102 .Sender. U eke SteVl e S / e Mark Shellfish Water Qu: i Wash .. V�)6r', t90 p7 Uw ">o' hd\\y1\11�y\'1\'�\�itttll,\\ Al se N LJ Anthony Scarbraugh (401) ❑ Roger Thorpe (Stormwater) Wilmington: ❑ Robb Mairs (401) ❑ Georgette Scott (Stormwater) Wildlife Resources: Maria Dunn (WARD) 0) Vacant LPO: ❑ Cc Distribution: ❑ Permitee : ❑ Agent: ❑ Other (specify): Permit# /2 — G% Bodnar, Gregg From: Dunn, Maria T. Sent: Friday, June 30, 2017 10:32 AM To: Bodnar, Gregg Subject: Town of Swansboro, 112-05 Mod, Onslow Co Gregg, I have reviewed the 112-05 modification proposal to replace 200' of bulkhead and construct a gazebo and fishing platform in the vicinity of the old fishing pier within Bicentennial Park on either side of the NC Hwy 24 bridge adjacent the White Oak River in Swansboro, NC. NCWRC does not believe the project as proposed will have significant impacts to aquatic resources. Thank you for the opportunity to review the proposal. Please do not hesitate to call or email if I can be of additional assistance. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Staples, Shane Sent: Friday, June 30, 2017 2:42 PM To: Bodnar, Gregg Subject: Town of Swansboro, Modification to Permit 112-05 Gregg, I have no comments for the proposed modification to the replace the fishing pier at Bicentennial Park in Swansboro. Thanks Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples(a)ncdenr.gov 943 Washington Square Mall Washington, NC 27817 'Nothing Compares ". Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 07, 2017 3:50 PM To: Bodnar, Gregg Subject: RE: Checking in Hey Gregg, Update on projects: NC Port: That one will go on 291 notice this week -was waiting on EFH assessment and BA from applicant. Milkman: This one slipped by me -have to look at it (sorry). Bicentennial Park: Mod to be issued with standard 291 conditions and Manatee Guidelines. Promise Land: Mod to be issued with standard 291 conditions and Manatee Guidelines. Robert Bailey: Likely a NWP 3 or GP 80. ITAC 246: To be issued with Standard GP 291 conditions and Manatee Guidelines. Let me know if you have any other questions and welcome back! Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, August 07, 2017 2:58 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Checking in Hey Liz, Sorry for throwing all these requests into one and you may have updated Doug, etc., but it's my first day back from vacation and I'm trying to get a handle on things. So here goes... NC ports in MHC water induction dredging Milkman Investments Bicentennial Park in Swansboro (minor mod) Promise Land LLC (minor mod) Robert Bailey ITAC 246 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE Ma WILMINGTON, NORTH CAROLINA28403-1343 August 10, 2017 Regulatory Division Action ID No. SAW-2005-00900and State Permit No. 112-05 General Permit No 198000291 Town of Swansboro Attn: Mr.:J. Scott Chase, Town.Manager 601 W. Corbett. Avenue Swansboro, North Carolina 28584 Dear Mr, Chase: Through coordination with the North Carolinabfv §!ori of Coastal Management, we have leamcd:of your request to modifythe wank associated with your Department of the_Army'(DA) permit, issued on July 12, 2005,.for the development of. Bicentennial Park. The modification you have requested is to replace the existing 200' bulkhead;, and to replace the existing fishier pier with a 16'x20' gazebo and a 21'x75' fishing platform, in Phase I of the Town's Dock Walk, on Front Street,.adjacent to the White Oak River Bridge on Highway 24, in the Town of Swansboro, Onslow County, North Carolina. Coordinates are: 34.68974 N, - 77.11965 W.. Your proposal continues to be consistent" with the provisions; and objectives. of general, permit No: 198000291 (copy enclosed). The'permit is hereby modified. It is understood that all other conditions of your permit remain applicable. Your Department of the Army permit will expire on December3l, 2021. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the obange.must be sent promptly to this office and the North Carolina Division of Coastal Management.prior to performing any such.change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. -2- Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,. Regulatory Branch, telephone 9.10-251-4170. Sincerely, c 6airV Regulatory Project Manager Enclosures: CAMA Permit, GP291 Conditions, Plans & Manatee Guidelines Copy Fumished (w/enclosures): Coastal Planning Services, Inc. Attn: Ms. Kathy B. Vinson Post Office Box 827 Morehead City, North Carolina 28557 Electronic Copies Furnished (w/o enclosures): Mr. Doug Huggett—NCDEQ/DCM Ms. Karen Higgins—NCDEQ/DWR Mr. Greg Bodnar —NCDEQ/DCM Dr. Ken Riley —NOAA-NMFS-HCD Mr. Todd Bowers — US EPA Ms. Kathy Matthews - US FWS 4UU-!X)U700 ' Cw.yCm»N#OYyhWi[+�srfassb.�.»Mmh_hvnK•NhvAW.+to-Xa,eav;-rxcaaehws,-w•.m[-rin:u+.�.!isMa vavtt+..w.wavxae-x�rw..row.<.`tw+xaa�•c-wONx.�ea,aat-x-i<oN.»aar C Permit Class Permit Number NEW, 112-05 STATE OF NORTH CAROLINA Department of Environment -and Natural Resources and Coastal Resources Commission tsEr ! for X Major Development in an Area of Environmental Concern pursuant:to NCGS 113A418 Authorizing development in Onslow County:at White Oak River, Hwy 24, Swansboro - as requested in the permittee's application (MP-1 and MP-2) dated 411105 and (MP-3 and MP-4) dated 5/16/05. includine the attached workman drawinss (3).,dated _5116105 This permit; issued on Septemhrr 6, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, specialconditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit tube null and void. Dockwalk 1) This permit authorizes only the:dockwalk, and other•structures and uses located in or over the Water that are exp ressly and specifically set forth in the permit application. No other structure; whether floating, or stationary„shall become a permanent.part of this dockwalk facility Without permit modification.. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize, the excavation or filling of any wetlands or open water areas; even temporarily without permit modification. (See attached sheets for Additional Copditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within- twenty (20).days of the issuing Chairman of the CoastalResources Commission. date. An appeal requires resolution prior to, work initiation.or continuance as the case may be. 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. Allworkmust cease when,the permit expires on December 31, 2008' In issuing this permit, the. State of North Carolina. agrees that your project is consistent with the North Carolina Coastal Management Program. Ch ' e!�S. Jones, Director Division of Coastal Management This'permit and its conditions are hereby accepted. Signature.of Permittee Town of,Swansboro Permit#112-05 Paget of 3 ADDITIONAL: CONDITIONS 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with' the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons 1:. I'a permitted activity without having it transferred to athird party. 4) If the crossing of wetlands with mechanized 'construction equipment, is necessary, temporary construction mats :shall be utilized for the areas to be crossed. The temporary mats- shall be removed immediately upon coym, pletion of construction ]r r. yy�� ! y 'q?iq�" 'tgy�'J` i � ._S .wi�j ,�:.5 � *+� r• S ixi r Y�iT'� �, r �} -'p t�Y� .p �i to iY (�''''�}�, 'z si r,,��`, S�� �i';���=P�SS•N�"� ��7J=7"� 'k37"�5{`f�.`�� {rb,+,:cc�; +�`y1.��i �nt3v�. Ak� .a �-33���k'"s.:=�"''�4a�, fd;l�.�'tUpland�Deopment,r ra��c��:�t��1���A�:'<`.'-.�•yx.,..•a• 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments madeby the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated'wetlands and apermanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 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) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable. obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such, removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This .permit does not eliminate the need to obtain any additional state, federal or local permits, approval's or authorizations that may be required. NOTE: Future .development of the peimittee'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, NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Ki", , r�v Coastal Management ENVIRONMENTAL QUALITY August 15, 2017 Town of Swansboro 601 W Corbett Ave. Swansboro, N.C. 28584 Dear Sir or Madam: 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 I I3A-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 Sincerely, vA Douglas V. HuggeetE Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 �� .. �:; see a • .=-s c��:�" DCM Coordinator: 3�Permit #: 112 MAILING DISTRIBUTION SHEET-- - - Permitee: I Sv a-41 S rAs61� bo t ba . C r,6eA gC .5m& s 'V Agents _(A Vnxwt ?e _>G 5Z7 domW Glv AtL Zy: 7 DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) ?Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: } Shane Staples Curt Weychert NC DOT: David Harris ShellSsh Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) LPO: Fax Distribution: Permittee #: Agent# Permit Class MODIFICATION/MINOR Permit Number 112-05 RECEIVED AUG 2 5 2017 DCM- MHD CITY STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for L X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Swansboro, 601 W Corbett Avenue, Swansboro, NC 28584 Authorizing development in Onslow County White Oak River, Highway 24, in Swansboro , as requested in the permittee's letter dated 6/22/17, including the attached workplan drawings (2) all dated "Revised" 6/21/17". This permit, issued on Aueust 10, 2017 , 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 )e subject to Imes, imprisonment or civil action; or may cause the permit to be null ana voia. 1) Unless specifically altered herein, this Minor Modification authorizes the pier reconfiguration and bulkhead replacement, all as expressly and specifically set forth in the attached letter and workplan drawing. Any additional development activities may require a modification of this permit. 2) The bulkhead alignment shall approximate the existing bulkhead alignment. 3) This permit does not authorize any fill waterward of the approved alignment. 4) The bulkhead shall be constructed prior to any backftlling activities. (See attached sheet for additional conditions) This permit action may be appealed by the permittee or other qualified 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C01favis, Director rvision of Coastal Management This permit and its conditions are hereby accepted. Signature o ittee Town of Swansboro Permit No. 112-05 Page 2 of 2 ADDITIONAL CONDITIONS 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) This Minor Modification shall be attached to the original Permit No. 112-05, which was issued on 9/6/05, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 9) All conditions and stipulations of the active permit remain in force unless specifically altered herein. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2005-00900. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 051050. NOTE: A minor modification application processing fee of $100 was received by DCM for this project.