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HomeMy WebLinkAbout91-14Permit Class MODIFICATION/MINOR 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 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to The Village of Bald Head Island, PO Box 3009, Bald Head Island, NC 28461 Permit Number 91-14 Authorizing development in Brunswick County at adi. to the Atlantic Ocean, at 100 Station House Way and 3210 Shoals Watch Way on Bald Head Island, as requested in the permittee's letter dated 5/4/22, including the attached workplan drawings (4), CI RI — C3R1, and C4, all dated 5/4/22. This permit, issued on May18, 2022 , is subject to compliance with the application (where consistent with the permit), al I 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. Sandbatr Placement I) Unless specifically altered herein, this Minor Modification authorizes the installation of the temporary erosion control structures (sandbags), all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional development activities may require a modification of this permit. 2) The sandbag structure shall be constructed in accordance with the alignment depicted on the.attached workplan drawings. 3) Soldier pilings and other types of devices to anchor the sandbags shall not be allowed. (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. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. r For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee The Village of Bald Head Island ADDITIONAL CONDITIONS Permit No. 91-14 Page 2 of 4 4) In keeping with 15A NCAC 07H .0308(a)(2)(L) of the rules of the Coastal Resources Commission, the sandbags shall be tan in color and 3 to 5 feet wide and 7 to 15 feet long when measured flat with a base width that does not exceed 20 feet and a total height not exceeding 6 feet, as measured from the bottom of the lowest bag. 5) The authorized temporary erosion control structures (sandbags) shall conform to the use standards found in 15A NCAC 07H .0308(a)(2), including but not limited to, the timelines and requirements for removal found in 15A NCAC 07H .0308(a)(2)(F) through 15A NCAC 0714.0308(a)(2)(J). 6) Any temporary erosion control structures within the project area that are no longer necessary shall be removed in their entirety, including the removal of remnants of all portions of any damaged temporary erosion control structures. 7) All work shall be accomplished in such a manner that damage to existing vegetation is minimized. 8) Once the temporary sandbag structure is determined by the Division to be unnecessary due to relocation or removal of the threatened structure or beach nourishment, it must be removed by the permittee within 30 days of official notification from the Division. NOTE: The permittee is advised that the Division of Coastal Management will regulate the removal -of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2)(F)• 9) Based upon coordination with appropriate agencies, and in accordance with the following permit conditions, the activities authorized by this Minor Modification are allowed to take place during the sea turtle moratorium of May 1 to November 15. Any work that is proposed during the sea turtle and moratorium in subsequent years shall adhere to the full moratorium, or shall require additional authorization from the N.C. Division of Coastal Management (DCM), in coordination with the N.C. Wildlife Resources Commission (WRC) and the U.S. Army Corps of Engineers. 10) In order to ensure protection of sea turtles, the permittee shall implement the following survey activities throughout the entire project area from May I through November 15 for the duration of the authorized project; a) During the sea turtle nesting season, vehicles and equipment must not enter the beach until after sea turtle patrol has confirmed nesting/false crawls within the designated work area. Daily coordination must be conducted between sea turtle volunteers, the sandbag contractor, and NCWRC to ensure that the beach has been adequately surveyed and nests marked, prior to beginning of work. Coordinate with Maria Dunn (maria.dunn@ncwildlife.org) or Matthew Godfrey (matt. og dfrev(i ncwiidlife.org) at NCWRC to establish the procedures for each project. b) If any nesting turtles are sighted on the beach during construction, construction activities must cease immediately until the turtle has returned to the water, and the sea turtle permit holder has marked for avoidance any nest(s) that may have been laid. The Village of Bald Head Island ADDITIONAL CONDITIONS Permit No. 91-14 Page 3 of 4 c) If any nests or eggs are discovered during the project, all project activity shall immediately cease within 50 feet of the location of the eggs or nest. Work in the affected area shall only resume after receiving permission from Wildlife Resources Commission staff. d) Sea turtle nests must not be relocated for this sandbag project. Nest relocation is only allowed for conservation purposes as determined by the sea turtle permit holder (for example if a nest is threatened by erosion or inundation). If a sea turtle nest(s) cannot be safely avoided during construction, all activity within that portion of affected project area must be delayed until complete hatching and emergence of the nest, and inventory of nest contents by authorized volunteers. e) A buffer distance of 50 feet must be marked at all nests and false crawls identified within the work area, in which no power equipment or vehicles should be used. 1) All construction activity shall be confined to daylight hours. Each morning, equipment must not enter the beach until after completion of the sea turtle nesting survey. g) Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial notification must be made to the Service's Law Enforcement Office below. Additional notification must be made to the Raleigh Ecological Services Field Office identified above and to the NCWRC at (252) 241-7367. Care should be taken in handling sick or injured individuals and in the preservation of specimens in the best possible state for later analysis of cause of death or injury. Temporary Staging Area 11) All staging areas for equipment shall be located off the beach, and equipment must not be stored on the beach overnight. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) The applicant shall adhere to all conditions as listed in the D WR 401 or the U.S. Army Corp of Engineers permit. Any violation of the permit approved by the DWR 401 or the U.S. Army Corp of Engineers permit shall be considered a violation of this CAMA permit. The Village of Bald Head Island ADDITIONAL CONDITIONS Permit No. 91-14 Page 4 of 4 16) This Minor Modification shall be attached to the original Permit No. 91-14, which was issued to the petmittee on 7/25/14, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 17) All conditions and stipulations of the active permit remain in force unless specifically altered herein. 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 Emergency Permit RGP-48 (Action ID SAW-2022-01123). NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4500 (D WR Project No. 2012-0288). NOTE: A minor modification application processing fee of $100 was received by DCM for this project.