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HomeMy WebLinkAbout22-19 Renewal The Nature ConservancyPermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 Permit Number 22-19 Issued to The Nature Conservancv. 701 Ocean Acres Dr.. Kill Devil Hills. NC 27948 Authorizing development in Dare —County at in Pamlico Sound, off Hwy 12, within the Pea Island National Wildlife Refuge as requested in the permittee's application dated letter dated 10/24/22. This permit, issued on November 9, 2022 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 suolect to rmes, imprisonment or civii action; or may cause me permit to oe nuu ana voto. 1) This Renewal shall be attached to Permit No. 22-19, which was issued to the permittee on 4/15/19, as well as all subsequent modifications, refinements, and renewals, and copies of all 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 N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019-0232. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2019-00310. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the pernittee 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator:Permit i : 2 Z -19 M A ILING DISTRIBUTION SHEET,/ Permittee:-�/Al(r= /'/F� �4rnn f�►c(�t'� 70( l�Plo.�s /tZrcS �r rLa!-F ti(L -79`�� Agents: DCM Field Offices Elizabeth City �vofolC 067 Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell e, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) om Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) 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) Kim Harding David Harris Clif Whitfield (WARD) Jimmy Harrison Shannon Jenkins / Sharon Gupton / Andy Haines Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard - 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington) Wilmington: Holley Snider - 401 (Ponder, Brunswick, New Hanover) John Perry - 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson Quible Quible & Associates, P.C. ENGINEERING - ENMONMENTALSCIENCES • PLANNING • SURVEYING SINCE 1959 October 24, 2022 Mrs. Yvonne Carver NC Division of Coastal Management 401 South Griffin Street, Suite 300 Elizabeth City, NC 27909 RE: First Renewal of CAMA Major 22-19 The Nature Conservancy Dear Mrs. Carver: OCT 2 0 2022 DCM-EC P.O. Drawer 870 IGRy Hawk NC 27949 Phone: 252-491-8147 Fax: 252-491-8146 web:.quible.com This is a request for the first renewal of CAMA Major #22-19 (the "Permit"), issued to The Nature Conservancy (TNC) for the deployment of loose oyster shell (cultch) in thirteen (13) locations for the purpose of oyster habitat enhancement, and for a living shoreline wavebreak system in one (1) location. The Permit was issued on April 15, 2019 and is set to expire on December 31, 2022. TNC is planning on implementation of this habitat enhancement and restoration work in 2023, and it will be important to maintain this permit in the future if work does not commence on all 13 sites due to budget constraints. Maintaining the permit would also allow TNC to modify the permit to include new or alternative sites in the event more ideal locations are identified. I have enclosed the $100 renewal processing fee along with a copy of the permit and the plan. We appreciate your assistance with this renewal request. If you have questions regarding this request for the renewal of CAMA Major 22-19, please contact me at (252) 491-8147 or brubinoQquible.com. Sincerely, Quible & Associates, P.C. 5 Brian Rubino cc: Aaron McCall, The Nature Conservancy RECENIED NOV 2 2022 NIP SECTION MHD NC Division of Coastal Management CAMA Major Permit Renewal Request District: Elizabeth City Major Permit Staff: Gregg Bodnar Applicant Name: The Nature Conservancy Request Date:10/24/2022 Lan First Received in Office:] 1 2 _ In Pamlico Sounds, off HWY 12 Project within the Pea Island National Address: Wildlife Refuge Sheet Address City CAMA Permit No.: 22-19 Permit Expiration Date: 12/31/202Z Payment $ 100.00 Agent's Name: Brian Rubino Quible & Associates P.C.• Kitty Hawk NC 2949 Y NO District Manager/Field Rep Approve? (Initial Appropriate Box) p Elf InformationOther DWR Project USACE Action No: 2019-0232 ID No.: SAW-2019-00310 Has substantial YES NO If Yes, development occurred? ❑ 2 Explain: YES NO Recommend to Renew? im ❑ If Not Approved, provide Justification: Staff Signature: NOV 2 2022 ZIP Code =z �I Received From: Permit No.: h Applicant's Name: NC Division of Coastal Management _. Cashier's Official Receipt Q;P-C-.D Date: _d $ w J �7 CheckNo.: County: / p RQ Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: f .S{� ri A. S %— Signature of Field Representative. "MeNaturc ` The Nature Conservancy ' 4245 North Fairfax Drive, Suite ice ' Arlington, VA 22203.1606 Conmrvancy 08-SEP-22 IPERMIT FEE NOY 2 2022 MP SECTION RAND r Date: id >Pa— Date: No 2212806 0.00 f4( CEI E® OCT 2 8 22 ©C;M- EC: 100.00 I RE: CAMA Major Permit 22-19 Renewal PeadslandlNWR-Oyster Habitat Enhancement Project As authorized, representative -of The Nature Conservancy, I authorize Quible & Associates, P.C. (sub -consultant) to act as agent for.the purpose of CAMA Permitsenewals. Authorized Signature �.y� Name: 14ren !jn !l^ l � f � �r4ytsY i x RECEIVED OCT 2 8 2022 Permit Class NEW Permit Number 22-19 RECEIVED BET 2 0 2U22 DCM-EC STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuanttoNCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to The Nature Conservancy, 701 Oceans Acres. Dr., Kill Devil Hills, NC 27948 Authorizing development in Dare County at in Pamlico Sound. off HWY 12 within the Pea Island National Wildlife Refuge, as requested in the permittee's application dated 1/8/19 (MP-1), 2/13/19 (MP-2) and 119119 (MP-4), incl. att. workplan drawings (5), Sheets 1-4 of 4 dated 1/31/19 and Sheet 5 dated 2/25/19. This permit, issued on April 15, 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 it tnese terms may oe subject to tines, imprisonment or civil action; or may cause me permit to De nun ana volu. Living Shoreline 1) The living shoreline sections shall not extend waterward more than 10 feet $om the edge of Coastal Wetlands at any point along their alignments at the time of construction. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) The alignment of the authorized living shoreline sections shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (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, 2022 in issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. M P Signed by the authority of the Secretary or I)hq ana me Chairman of the Coastal Resources Commission. U # / Braxton C. Davis, Director RECE N Division of Coastal Management This permit and its conditions are hereby accepted. NOV 2 2022 U I GEE iHHHB Signature of Permittee The Nature Conservancy Permit No. 22-19 Page 2 of 2 ADDITIONAL CONDITIONS 4) The living shoreline material shall consist of materials as described in the attached permit application, project narrative, and workplans. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) The height of the permitted oyster cultch sections shall not exceed three inches above existing substrate level at time of construction. The height of the permitted Reefmaker prefabricated living shoreline section shall not exceed 3 inches above the normal water level. 7) The Reefmaker prefabricated living shoreline section shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above normal water level. 8) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction of the authorized living shoreline sections. The living shoreline sections shall be located in areas with no SAV coverage at the time of construction, to the greatest extent practicable. As indicated on the attached workplans, the living shoreline sections shall be located a minimum of 5 feet from SAV beds at the time of construction. General 9) 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. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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 authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00310). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0232 issued 4/15/19. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 water level. NOTE: An application processing fee of $40FW" s'tece NVd�liy M for this project. NOV 2 2022 C 'vED OCT 2 8 p0P2 P:' SECTION ��r�� RECEIVE® Nov 2 2022 9 soATES. P.C. SBT 4 OF 4 - RM 7A S THE PROPERTY OF S, P.C. ANY 'p'/7►nrrp rHIS (HIS DOCUMENT IS CIA ED ISRNOT SIGNED AND 7= NATURE CONSERVANCY nL UMENT SHALL BE KINNAKEET TOWNSHIP DARE COUNTY EUMINARY, NOT A NT AND SHALL NOT NORTH CAROLINA CONSTRUCTION, SALES OR LAND 0 200 400 NLESS OTHERWISE TED. GRAPHIC SCALE IN FEET1"=200' DET 2 8 2p22 NO Ucense#: C-0208 Quible SINCE 1959 & Associates, P.C. ENGINEERING** * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING** --ENG./SUR. NOT OFFERED AT BLACK MTN, OFFICE-- 8466 Caiabke H,w�,, Powells Polnl, NC 27966 7�§ �T9,1eA47 Fax: (252) , NC 2 7 one: 8 8) 793-0398 Fax: (252) 491-8146 NOV 2 2022 DCM-EC MIP SECTION %WD