HomeMy WebLinkAbout75-16 TX/Renewal 2020 Town of Morehead CityPermit Class Permit Number
TRANSFER/ 75-16
RENEWAL/ STATE OF NORTH CAROLINA
MAINTENANCE-5 Department of Environmental Quality
and Ad0'J
Coastal Resources Commission
Verinit
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 Town of Morehead Citv, 706 Arendell Street,_ Morehead City, NC 28557
Authorizing development in Carteret County at entrance channel of Pelletier Creek within a
designated USACE channel, in Morehead City, as requested in the permittee's application dated 5/19/16 including attached
workplan dwgs (3) Plan View and Cross -Sectional dated received at DCM MHC 5/20/16 and Peltier Creek dated 6/13/13.
This permit, issued on March 4, 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
to fines, imprisonment or civil action; or may cause the permit to be mutt ana vota.
Excavation
1) 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 normal low water level. 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 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, 2024
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.
4Z/�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Permittee
Town of Morehead City
ADDITIONAL CONDITIONS
Permit No. 75-16
Page 2 of 3
4) 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 (252) 726-702i1 to determine if temporary shellfish or swimming advisories are required.
Spoil Disposal
5) All excavated materials shall be confined above 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.
6) 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.
Maintenance Clause
7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
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
8) 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.
9) 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.
10) 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.
11) 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, including authorization from the U.S. Army
Corps of Engineers.
Town of Morehead City
Permit No. 75-16
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: 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 low water level.
NOTE: A renewal/transfer fee of $200 was received by DCM for this project.
DCM Coordinator: Won4af Permit #:_ - 82
MAILING DISTRIBUTION SHEET
Permittee: 7�2WIJ OF Ilf.d';;} ek, ? C f �`��� pennl��cdtl
Agents: V0c
Club
DCM Field Offices
Elizabeth City U� n Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
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)
Anne Deaton
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
LPO:
Robb Mairs - 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Rodney Butler
(NCDOT)Travis Wilson
NC Division of Coastal Management
CAMA Major Permit Renewal Request
District: Morehead City Major Permit Staff: Gregg Bodnar
InformationApplicant Applicant
Name: Pensacola Yacht Club LLC Request Date: 12/23/19
Last Tftwfel( � Firs(
��4477��/\\ TvWn Mor�Nead Ci Received in Office
Project
Address: Pelletier creek
Street Address
Morehead City 28557
City ZIP Code
CAMA Permit
No.: 75-16 Permit Expiration Date: 12/31/19 Payment $ $200 #91353
Agent's
Name: Robert Neal — Moffatt & Nichol
District Manager/Field Rep Approve? (Initial NO
Appropriate Box) Y s ❑
DWR
Project No:
Has substantial
development occurred?
Recommend to Renew?
If Not Approved,
provide Justification:
Other Information
USACE Action
ID No.:
If Yes,
YES No Explain
NO
4, eemN&.�
NC Division of Coastal Management
9 Cashier's Official Receipt
Received From: -town oC Hnu, aa� (-A,
Permit No.:. TrQM&r SAC ��&
Applicant's Name: .54 NAAl-,
Project Address: Po Wi P < L r�P
11494ASCD
Date: ik!, 20
Check No.: & Sr7:3
County: f
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date: l00/83 Aiy
272 N. Front Street
Suite 204
Wilmington, North Carolina 28401
moffatt & nichol
December 12, 2019
Division of Coastal Management
c/o Heather Styron
400 Commerce Ave.
Morehead City, NC 28557
Re: Permit 75-16 Pelletier Creek Renewal, Transfer & Maintenance Request
Dear Heather,
(910) 218-7100
Fax (919) 781-4869
RECEIVED
DEC 2 3 2019
DCM-MHD CITY
Please consider this letter as a request on behalf of the Town of Morehead City for the
renewal and transfer of CAMA Major Permit 75-16 for the maintenance dredging of
Pelletier Creek. In accordance with 15A NCAC 07J.0406, the Town of Morehead City
respectfully requests the management authority of the respective permit in efforts to help
facilitate fixture maintenance dredging projects. The Town of Morehead City possess the
legal authority to manage the public lands of Pelletier Creek through proper authorization
from the State. Therefore, the Town wishes to assume the management role (applicant)
and will use the permit for the purposes for which it was issued, and acknowledges the
following:
■ No substantial change has occurred in the conditions, circumstances, or facts
affecting the project; and,
■ No substantial change or modification on the project has occurred from the proposal
provided in the original application.
In accordance with 15A NCAC 07J.0404, the Town would also like to request that Permit
No. 75-16, which is set to expire December 31, 2019, be extended for the maximum
amount of time allowable under current regulations. This extension will provide the Town
with the ability to carry out future maintenance dredging events. As was stated above, all
future maintenance dredging will take place within the area(s) authorized by the original
permit, and all conditions of the permit will be adhered to.
In addition to the renewal and transfer request, the Town of Morehead City is requesting
authorization to conduct another maintenance dredging event during the current 2019-2020
dredge season. Specifically, the Town intends to complete the maintenance dredging of
Pelletier Creek prior to April 1, 2020. The work proposed shall remain consistent with the
original authorization provided under CAMA Major Permit 75-16. The new work will
maintenance dredge an approximate 900 ft length of Peltier Creek to a maximum depth of -
6 MLLW and 30-ft wide with 3:1 side slopes. The maintenance operations will remove
approximately 3,000 cubic yards for placement in an upland material management site.
Town of Morehead City
Permit 15-16 Transfer & Maintenance Request
Pace 2 of 2
Although the upland site has not been identified, no construction activities shall commence
until a representative of the Division approves use of the specified site. For reference,
Figure 1 shows a plan view of the proposed work area in Pelletier Creek.
We appreciate your consideration towards these items and look forward to hearing from
you. In an effort to assist with processing the renewal and transfer request, Appendix A
provides a letter of consent from the current applicant of permit 75-16. Also, Appendix B
provides an Agent Authorization form acknowledging Moffatt & Nichols' authority to act
on behalf of the Town. Please note, a fee of $200 will be provided upon your
acknowledgment that the information provided in support of the renewal, transfer and
maintenance request is satisfactory. Should you, have -any questions, or require any
additional information, please do not hesitate to call me at (910) 219-7100.
Kindest Regards,
MOFFATT & NICHOL
Robert Neal, P.E.
Project Manager
cc. Sandi Watkins, Planning & Inspections Director, Town of Morehead City (via email)
A
FIG. 1
iLTIER CREEK
HARBOR OF
PELTIER CREEK
PELTIER CREEK
FEDERAL CHANNEL
11
16+00 � ,o
A� i I ff 7"
Nril
8+00
6-00
DIDDI
TOWN OF MOREHEAD CITY
PELTIER CREEK
MAINTENANCE DREDGING
PROJECT MAP
0:, P
DEC 2 3 2019
FEBRUARY 1. 2019
moffatt & nichol
APPENDIX A
LETTER OF CONSENT
(PENSACOLA YACHT CLUB)
December 02, 2019
Pensacola Yacht Club, LLC
c% Timothy D. Powell
1708 US Hwy, 70 East
New Hem, NC 28650
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Attention Heather Styron,
This letter of consent is provided to in accordance with 15A NCAC 07J.406 to acknowledge the
transfer of CAMA Major permit 75-16 to the Town of Morehead City. The referenced permit
allows the maintenance dredging of approximately 900 ft of Pelletier Creek in Morehead City to a
maximum depth of -6 MLLW and 30-11 width (excluding the 3:1 side slopes).
1 appreciate the opportunity to provide this consistency letter and look forward to working the
Town on future maintenance events. Please let me know if C may be of additional assistance.
Sincerely,
RECEIVED
DEC 2 3 2019
DCM-MHD CITY
moffatt & nichol
APPENDIX B
AGENT AUTHORIZATION
December 03, 2019
NC Division of Coastal Management
400 Commerce Drive
Morehead City, NC 28557
RE: Pelletier Creek Maintenance Dredging, Town of Morehead City — Agent Authorization
To Whom It May Concern:
Please be advised, Moffatt & Nichol has been authorized by the Town of Morehead City as an
Authorized Agent. The authorization entails (and is limited too) efforts necessary to acquire and/or
extend state and federal permits for the maintenance dredging of Pelletier Creek.
Sincerely,
Ryan 4E929gl4st!n, City Vanagerr
Town of Morehead City
RECEIVED
DEC 2 3 2019
IHD CITY