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Home My WebLink About98-16 Renewal 2019 NC Wildlife Resources CommissionPermit Class RENEWAL Permit Number 98-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission RECEIVED VQL mit JUN 25 20 for 19 X Major Development in an Area of Environmental Col M pursuant to NCGS 113A-118 HD C17 Y X Excavation and/or filling pursuant w NCGS 113-229 Issued to NC Wildlife Resources Commission 1722 Mail Service Center Raleigh, NC 276" Authorizing development in New Hanover/Bnmswick Counties at the Cape Fear River, at Ferry Slip and South Pelican Island as requested in the permittee's application letter dated 06/03/19. This permit, issued on June 18, 2019 , 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 ie subject to tines, imprisonment or civil action; or may cause me permit to oe nuu anu voiu. 1) This Renewal shall be attached to the original of Permit No. 98-16, which was issued to the permittee on 09/08/16, and copies of both 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 U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2003- 00466. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 16- 0663. 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 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 t;nair of the Coastal Resources Commission. fVR-Braxton C. D vis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee u# �— 0. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Courtney Spears f Assistant Major Permits Coordinator, WiRO FROM: Patrick Amico Field Representative, WiRO DATE: June 5, 2019 SUBJECT: Major Permit Renewal Request: State Permit No. 98-16 Action ID No. SAW-2003-00466 NC Wildlife Resources Commission, Brunswick County Ms. Lindsay Addison, of National Audubon Society, and acting as agent for the NC Wildlife Resources Commission, is requesting the renewal of State Permit No. 98-16, issued on September 8, 2016, and due to expire on December 31, 2019. To date, no work authorized by this permit has taken place. Ms. Addison states that due to the fact that the US Army Corps uses these islands for dredge disposal, and dredge events cannot be predicted very easily, the early renewal is necessary to avoid a lapse in authorization should the disposal area be required later this year. This Office has no objection to the renewal of State Permit No. 98-16. Ms. Addison has submitted a check (no. 1531) in the fee amount of $100. Enclosures cc: MHC files Liz Hair, USACE Chad Coburn, DWR �DK ov�r•rw.�s�or,� RECEIVED JUN 2 5 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AudubOn NORTH CAROLINA June 3, 2019 Coast Office and Sanctuaries 7741 Market Street, Unit D Wilmington, NC 28411 NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 29405 To Whom It May Concern, I am writing to request the renewal of CAMA permit #98-16 (attached). This permit was issued on September 8, 2016 for the renourishment of two bird nesting islands on the Lower Cape Fear River through the placement of dredged sand. The U.S. Army Corps of Engineers periodically has need of these sites in its maintenance of navigational channels. Nothing significant has changed regarding the condition of the islands, or their biological importance to many thousands of nesting birds. Therefore, I understand a simple renewal request and fee will be sufficient to keep this permit active for another three-year term. Because the dredge events that nourish the islands are stochastic, and depend on factors that cannot be predicted far in advance, we are requesting renewal prior to the expiration date of the current permit, in order to ensure that there is no lapse should the Army Corps have need of them later this summer or fall. If you have any questions or need other information or forms, please contact me. Thank you for your time. Sincerely, `- Lindsay Addison coastal biologist laddiSon@audubon.org (239)784-2251 RECEIVED JUN 2 5 2019 DCM-MHD CITY RECEIVED JUN 0,4 20*9 DCM WILMINGTON, NC Permit Class NEW Permit Number 98-16 STATE OR NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermin for X Major Development in an Area of Environmental Concern Pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Wildlife Resources Commission,1722 Mail Service Center Raleigh NC 27699 Authorizing development in New HanoverBnmswick Counties at the Cape Fear River, at Ferry Slip and South Pelican Island , as requested in the permittee's application dated 6/22/16, Incl. attached workplan drawings (2), CN110 and CNI 11, both dated 6/15/16. This permit, issued on September 8, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv vinlatinn nfthPco tpr e m.. uo suufeat to lines, imprisonment or civil action; or may cause the permit to be null and void. Bird Island Renourishment I) This permit authorizes only the renourishment and enlargement of the two existing islands, Ferry Slip and South Pelican, to the extent that neither becomes larger than seven acres. Unless altered herein, all work shall be done as expressly and specifically set forth in the permit application and as depicted on the attached workplan drawings. This permit does not authorize the construction of any new islands. 2) The material used to renourish the islands will be clean and free of any pollutants except in trace quantities. 3) No vegetated wetlands will be excavated or filled. R (See 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 cxpires 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 D19 RO Chairman of the Coastal Resources Commission. Braxton .. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Gi JUiv Q.4 20 Signature of Permittee ,N NCWRC Permit No. 98-16 Page 2 of 3 ADDITIONAL CONDITIONS• 4) No excavated or fill material will be placed in any surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 5) At least one week prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (910) 796-7215 to determine if temporary shellfish closures or swimming advisories are required. _Erosion & Sedimentation Control 6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). U.S. Army Corns of Engineers Conditions 7) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: bft://www.fws.goy/nc-es/mammal/manatee imidelines. 8) In order to protect juvenile finfish and other aquatic resources, no filling activities will be permitted between the dates of April I st and September 30th of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191-- - -- - 10) The authorized activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 11) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12) 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. RECEIVED RECEIVED JUDI 2 5 2019 11J,, 0 4 191 DCM-MHD CITY DCM W1 NCWRC ADDITIONAL CONDITIONS General Permit No. 98-16 Page 3 of 3 13) 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 stnucture 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. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) 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. NOTE: Future development 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 further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 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 assigned the proposed project Action ID No. SAW-2003- 00466. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 16-0663. 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. RECEIVED JUN 2 5 Z019 RECEIVE DCM-MHD CITY JUN Q,4 2 1►1A Spears, Courtney I From: Addison, Lindsay <laddison@audubon.org> Sent: Wednesday, June 5, 2019 8:00 AM To: Spears, Courtney Subject: [External] Re: NC WRC permit renewal Hi Courtney, No authorized work has been completed. Thanks, Lindsay From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Wednesday, June 5, 2019 7:56:37 AM To: Addison, Lindsay Subject: NC WRC permit renewal Hey Lindsay, Do you know if any work that was authorized by permit 98-16 has been completed? If so, could you describe what has or hasn't been done? It shouldn't impact the renewability of the permit, we just need it for our records. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears(o ncdenr oov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED JUN 2 5 2019 ,IiJ019 DCM-MHD CITY DCM WILWNGTON, NC Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/13/2019 Lindsay McLean Audubon North Suncoast 1531 $100.00 renewal fee, 98-16, cape fear river PA rct. Addison Carolina Credit between ferry slip and pelican 7967 Union island, NHCO } m ~ W 7 LU U N LO z f� W z 0 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director ul u 1 :: ►11lflul NORTH CAROLINA EhVhW matMt Q1oa ft TO: Courtney Spears Assistant Major Permits Coordinator, WiRO FROM: Patrick Amico Field Representative, WiRO DATE: June 5, 2019 SUBJECT: Major Permit Renewal Request: State Permit No. 98-16 Action ID No. SAW-2003-00466 NC Wildlife Resources Commission, Brunswick County Ms. Lindsay Addison, of National Audubon Society, and acting as agent for the NC Wildlife Resources Commission, is requesting the renewal of State Permit No. 98-16, issued on September 8, 2016, and due to expire on December 31, 2019. To date, no work authorized by this permit has taken place. Ms. Addison states that due to the fact that the US Army Corps uses these islands for dredge disposal, and dredge events cannot be predicted very easily, the early renewal is necessary to avoid a lapse in authorization should the disposal area be required later this year. This Office has no objection to the renewal of State Permit No. 98-16. Ms. Addison has submitted a check (no. 1531) in the fee amount of $100. Enclosures cc: MHC files Liz Hair, USACE Chad Coburn, DWR RECEIVED JUN 19 2019 North Carolina Department of Envtronmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 DCM-MHD CITY 910.796.7215 AUdUbOn NORTH CAROLINA June 3, 2019 Coast Office and Sanctuaries 7741 Market Street, Unit D Wilmington, NC 28411 NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 To Whom It May Concern, I am writing to request the renewal of CAMA permit #98-16 (attached). This permit was issued on September 8, 2016 for the renourishment of two bird nesting islands on the Lower Cape Fear River through the placement of dredged sand. The U.S. Army Corps of Engineers periodically has need of these sites in its maintenance of navigational channels. Nothing significant has changed regarding the condition of the islands, or their biological importance to many thousands of nesting birds. Therefore, I understand a simple renewal request and fee will be sufficient to keep this permit active for another three-year term. Because the dredge events that nourish the islands are stochastic, and depend on factors that cannot be predicted far in advance, we are requesting renewal prior to the expiration date of the current permit, in order to ensure that there is no lapse should the Army Corps have need of them later this summer or fall. If you have any questions or need other information or forms, please contact me. Thank you for your time. Siinnccerelly,,D iz_�k -, Lindsay Addison coastal biologist laddison@audubon.org (239)784-2251 RECEIVED OCM WILMINGTON, NC Permit Class NEW Permit Number 98-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS l 13-229 Issued to NC Wildlife Resources Commission, 1722 Mail Service Center, Raleigh, NC 27699 Authorizing development in New Hanover/Brunswick Counties at the Cape Fear River, at Ferry Slip and South Pelican Island , as requested in the permittee's application dated 6/22/16, Incl. attached workplan drawings (2), CNI10 and CNl 11, both dated 6/15/16. This permit, issued on September 8, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bird Island Renourishment 1) This permit authorizes only the renourishment and enlargement of the two existing islands, Ferry Slip and South Pelican, to the extent that neither becomes larger than seven acres. Unless altered herein, all work shall be done as expressly and specifically set forth in the permit application and as depicted on the attached workplan drawings. This permit does not authorize the construction of any new islands. 2) The material used to renourish the islands will be clean and free of any pollutants except in trace quantities. 3) No vegetated wetlands will be excavated or filled. (See 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. f k Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVE RECEIVED "j v tt 4 201 Signature of Permittee _J_l1N_.1 9 2019 DCM WILMINGTC NC DCM-MHD CITY NCWRC Permit No. 98-16 Page 2 of 3 ADDITIONAL CONDITIONS• 4) No excavated or fill material will be placed in any surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 5) At least one week prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (910) 796-7215 to determine if temporary shellfish closures or swimming advisories are required. Erosion} & Sedimentation Control 6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). U.S. Army Corps of Engineers Conditions 7) In order to further protect the endangered West Indian Manatee, Trfchechus mantas, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at; hM://www.fWs.gov/no-es/mammal/manatee puidelines.a.. 8) In order to protect juvenile finfish and other aquatic resources, no filling activities will be permitted between the dates of April 1 st and September 30th of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191: — - 10) The authorized activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 11) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as'to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12) This permit does not authorize the interference with any existing or proposed Federal project, and the permtttee 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. RECEIVED JUN 0..4 '019 DCM NC NCWRC ADDITIONAL CONDITIONS General Permit No. 98-16 Page 3 of 3 13) 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. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. NOTE: Future development 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 further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 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 assigned the proposed project Action ID No. SAW-2003- 00466. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 16-0663. 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. RECEIVED JUN 19 2019 DCM-MHD CITY RECE ;fv 0 4 �:'01 NC W Spears, Courtney From: Addison, Lindsay <laddison@audubon.org> Sent: Wednesday, June 5, 2019 8:00 AM To: Spears, Courtney Subject: [External] Re: NC WRC permit renewal Hi Courtney, No authorized work has been completed. Thanks, Lindsay From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Wednesday, June 5, 2019 7:56:37 AM To: Addison, Lindsay Subject: NC WRC permit renewal Hey Lindsay, Do you know if.any work that was authorized by permit 98-16 has been completed? If so, could you describe what has or hasn't been done? It shouldn't impact the renewability of the permit, we just need it for our records. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears Mcdenr ciov 127 Cardinal Drive Ext. Wilmington, NC 28405 JU\ U ?019 DCM WILM,IN(�TON, NC WOL Spears, Courtney From: Addison, Lindsay <laddison@audubon.org> Sent: Wednesday, June 5, 2019 8:00 AM To: Spears, Courtney Subject: [External] Re: NC WRC permit renewal Hi Courtney, No authorized work has been completed. "Thanks, Lindsay From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Wednesday, June 5, 2019 7:56:37 AM To: Addison, Lindsay Subject: NC WRC permit renewal Hey Lindsay, Do you know if any work that was authorized by permit 98-16 has been completed? If so, could you describe what has or. hasn't been done? It shouldn't impact the renewability of the permit, we just need it for our records. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soearsOricdenr. aov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED JUN 19 2019 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/13/2019 Lindsay McLean Audubon North Suncoast 1531 $100.00 renewal fee, 98-16, cape fear river PA rct. Addison Carolina Credit between ferry slip and pelican 7967 Union island, NHCO ❑ Cn o F= U W `� r+ ❑ cc -' U