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.