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HomeMy WebLinkAbout52-16 Renewal 2020 Town of Holden BeachPermit Class RENEWAL Permit Number 52-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission RECEIVED Permit for FEB 12 2020 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 DCM-MHD CITY X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Holden Beach. PO Box 449. Sunoty. NC 28462 Authorizing development in Brunswick County at the Atlantic Ocean, Lockwoods Folly Inlet, AIWW Crossing, & oceanfront shoreline of Holden Beach , as requested in the permittee's application letter dated 11/29/19. This permit, issued on January 29, 2020 , 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 tines, imprisonment or civil action; or may cause me permit to be null ana vota. 1) This renewal shall be attached to the original of Permit No. 52.16, which was issued on 5/5/16, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, shall occur from April I to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the Division of Marine Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of Engineers. (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, 2021 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 Chair of the Coastal Resources Commission. _ r raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Holden Beach Permit No. 52-16 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force under this renewal. 4) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Amy Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 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: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2014- 02007. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWRProject No. 2001-1836 V4. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. RECEIVED FEB 12 2020 DCM-MHD CITY NC Division of Coastal Management CAMA Major Permit Renewal Request 1Major Applicant Information Applicant I�,,/�/ 1 Name: r^� V 0 � r' Q 6V , Request Date: �+ Last First Received in Officer i Project Address: I ,ta(� /• Unr sot `5 0t�'� Street Address C+ry ZIP Code CAMA Permit No.: Permit Expiration Date: I Z 3V I6l Payment $ Agent's Name: {� T YES NO District Manager/Field Rep Approve? (Initial Appropriate Box) WJ -D ❑ Other Information DWR Project Tool, 1 �' 1 USACE Action 1 No: L©o l , I � 3 t/y 'T ID No.: ZD ALA — 0 TCQ-7 Has substantial development occurred? Recommend to Renevi9 If Not Approved, provide Justification: _ YES N If Yes, ❑ Explain: I (AIA 1 ? f fYl RECEIVED FEB 12 2020 CCM-MHD CITY N. Cwdh*DepwUnesx of Envtronmental Q) KY I Dhdsbn of cosehtNMOP061t wad*vton office 1943 Win Sq Ma I Wa9droM Math CMUWA t=91 Zn&6 Y WWnlnp.office I WewdndDa" UWaton I Wb*Qft%Matl+*eM!'iti10I9t1�;111t1 `. MardradCtvotfke 1 dnn Coneoerce Avem,e I Morehead City. North CW52 2M 129RA11a9d06' ROY COOPER Governor MICHAEL S. REGAN SUM' BRAXTON C. DAVIS Drrecror Town of Holden Beach PO Box 449 Supply, NC 28462 Dear Town of Holden Beach, NORTH CAROLINA Environmental Quaw January 29, 2020 The enclosed renewed 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 gold original and the white copy and return the white 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 plan to have the work done by a contractor, it would be to you r 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 yellow 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. Sincerely, Jonat a owell Major Permits and Consistency Manager N.C. Division of Coastal Management Enclosure cc: wiRO RECEIVED FEB 12 2020 _T w DCM-MHD CITY North Carolira Departmenr 3f Sr,Tonmermi Quality Civision of _ov-al liwagemem Wilmington Ofnce ' 127 Cardinal Drive_ ,,e .sion 'Mlmington. North Carotira 2POS 910.7%7215 Coats, Heather From: Coats, Heather Sent: Wednesday, December 11, 2019 10:32 AM To: MacPherson, Tara; Brock, Brendan O Subject: FW: Renewal requests for Holden Beach major permits Attachments: hb renewal.14-02-12112019091043.pdf; hb renewal. 52-16-12112019091130.pdf Hi guys, I just realized I didn't copy you two on this as well. Please also let me know if you have any comments or concerns re: renewing this permits. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ---- From: Coats, Heather Sent: Wednesday, December 11, 2019 9:35 AM To: 'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Renewal requests for Holden Beach major permits Hi Liz and Chad, I have received renewal requests from Fran Way of ATM on behalf of Holden Beach for the renewal of 2 permits: -The SDI-5 permit that was issued in 2016 (CAMA permit No. 52-16, DWR Project No. 2001-1836 V4 and USACE AID No. SAW-2014-02007), -And the previously issued beach nourishment permit for the Town (CAMA permit No. 14-02, DWQ Project No. 011836, & ACE AID No. SAW-2005-00935, as well as SAW- 2012-00286 & SAW-2013-02016?) Please let me know if you have any questions or concerns regarding DCM's renewal of these permits. They aren't requesting any changes to the permits. RECEIVED Thanks, FEB 12 2020 t DCM-MHD CITY SM 1 TTV P.O. BOX 20336 CHARLESTON, SC 29413-0336 TEL: 843-414-1040 FAX: 843-414-0155 www.appliedtm.com November 29, 2019 NCDCM Attn: Ms. Heather Coats 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 RE: Permit Modification to Extend Shallow Draft Inlet (SDI) Permit 52-16 Expiration Date Dear Ms. Coats, The Town of Holden Beach is requesting an extension to the expiration date on its DCM Permit 52- 16. The Town is not requesting any changes to #52-16 other than a time extension. The issued SDI permits have not been used as yet but may be needed in the future. The SDI project includes cutterhead dredging of the Lockwood Folly AIWW inlet crossing as well as the sidecasting or shallow draft hopper dredging of the outer ebb shoal. The purpose of this permit is for navigation and the beneficial placement of the beach compatible dredged material. According to15A NCAC 07J.0404 Development Period Extension, the following items are required: (1) a statement of the intention of the applicant to complete the work within a reasonable time; (2) a statement of the reasons why the project will not be completed before the expiration of the current permit; (3) a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or, previously approved permit modifications; (4) notice of any change in ownership of the property to be developed and a request for transfer of the permit if appropriate; and (5) a statement that the project is in compliance with all conditions of the current permit. A $100 check made out to NCDEQ is also enclosed. Below are the statements pertaining to the above items 1-5. The Town realizes that additional coordination will be required prior to carrying out an SDI project. If you have any questions or comments, please contact me at fwavna-appliedtm.com or 843414- 1040. Thanks, RECEIVED RECEIVED Fran way, P.E. FEB 12 2020 DCM-MHD CITY DCM WILMINGTON, NC (1) a statement of the intention of the applicant to complete the work within a reasonable time: The intention of the applicant (Town of Holden Beach) is to have an active permit on file in order to respond to future erosion events especially if the Corps cannot perform the project under their authorizations. In terms of completing the work within a 'reasonable time," the Town intends to complete any dredging and/or nourishment as soon as possible and in a timely manner. (2) a statement of the reasons why the project will not be completed before the expiration of the current permit: The primary intent of the extension is to keep the permit active for potential future events that may occur and where the Corps cannot do the project. A modification, rather than a new permit, will be sought in the near future for a Florence/Michael mitigation nourishment project. (3) a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or, previously approved permit modifications; There has been no change of plans since the last previously approved permit modification. (4) notice of any change in ownership of the property to be developed and a request for transfer of the permit if appropriate; and There has not been a change in ownership. The Town of Holden Beach is still the permit holder. (5) a statement that the project is in compliance with all conditions of the current permit. The project is in compliance with all conditions of the current permit. RECEIVED FEB 12 2020 DCM-MHD CITY RECEIVED i3CM WILMINGTON, NC Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission RECEIVED V Crmit FEB 12 2020 for X Major Development in an Area of Environmental Concern DCM-MHD CITY pursuant toNCGS II3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 52-16 Issued to Town of Holden Beach PO Box 449 Supply NC 28462 Authorizing development in Brunswick County at the Atlantic Ocean, Lockwoods Folly Inlet, AIW W Crossing, & oceanfront shoreline of Holden Beach , as requested in the permittee's application dated 3/3/15, including attached workplan drawings (7) as referenced in Condition No. 1 below. This permit, issued on May 5, 2016 , 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 oe subject to tmes, imprisonment or civil action; or may cause me permit to oe nun anu voiu. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (7), labeled Figure 5, dated 5/4/15; "Attachment 3.4, Items 2-8 of 8", Item 2 of 8 dated 8/1/13, Item 3 of 8 dated 2/11/14, Item 4 of 8 dated 7/18/14, Items 5 of 8, undated; Item 7 of 8 dated 1/5/12, Item 8 of 8 dated Received DCM Wilmington 5/12/15, and AEC Hazard Notice dated 3/3/15. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, includin mobilization and demobilization, shall occur from April 1 to November 15 of anyear without rior approval from the Division of Coastal Management in consultation with the Division of Marine Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of Engineers. (Sec attached sheets 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, 2019 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' . Davis, Director on of Coastal Management This permit and its conditions are hereby accepted. RECEIVED 1) Y DCM WILMIIVGWMofPermittee Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 12/10/2019 Applied Technology Town of Holden Wells 8756 $100.00 #52-16 Renewal Beachfront Sd1-5 HC rct. and Management, Beach Fargo Bank Permit, Holden Beach BrCo 8010 Inc. RECENED FEB 12 2020 DCM.MHD CITY