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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