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HomeMy WebLinkAbout40-20 Amended 2023 Town of Surf CityPermit Class AMENDED Permit Number 40-20 Issued to Town of Surf 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 PO Box 2475, Surf Citv, NC 28445 Authorizing development in Pender/Onslow Counties in Banks Channel and beaches adjacent to the Atlantic Ocean , as requested in the permittee's application dated 12/13/19. including attached workplan drawings (17) all as referenced in Condition No. I below. This permit, issued on April 14, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (17), Sheets labeled 2, 3, and 10-12 of 18 dated 10/8/19, Sheets 4-9 and 13-18 of 18 dated 11/25/19, and AEC Hazard Notice dated 6/7/19. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation, fill, beach nourishment or associated activities, including mobilization, demobilization, remediation measures, or the use of any heavy equipment on the beach shall occur from April 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the appropriate resource agencies. (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, 2023 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. k Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Surf City Permit No. 40-20 Page 2 of 5 ADDITIONAL CONDITIONS Excavation 3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 4) Excavation shall not exceed -16' MLW (with a maximum 2' overdredge) from Station 35+00 to 40+00, and -12' MLW (with a maximum 2' overdredge allowance) from Station 40+00 to 245+00. In no case shall the depth of excavation exceed the depth of connecting waters. 5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) No vegetated wetlands/marsh grass shall be excavated or filled, even temporarily. No excavation shall take place within 15' of any Coastal Wetlands. 7) Any upland borrow area proposed to be used as part of the beach nourishment project shall be approved by the Division prior to use. All sand to be used for the project from the upland source shall be determined to be compatible prior to placement on the beach. All sand to be used for the project from the upland source shall be screened on -site at the borrow area to remove non -compatible material prior to transporting to the placement area. Beach Nourishment 8) This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. 9) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high- water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any future lands that are raised above the mean high water level as a result of this project. 10) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). 11) Prior to the initiation of any single event that is considered by the rules of the Coastal Resources Commission to be a large-scale beach nourishment activity (currently defined as any volume of sediment greater than 300,000 cubic yards), the permittee shall coordinate with the Division of Coastal Management to determine a static vegetation line(s). The static vegetation line(s) shall be used as the reference point for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation line that existed within one year prior to the onset of initial project construction, shall. be established using on -ground observation and survey or aerial imagery. The static vegetation line(s) shall then be marked and a survey depicting this static vegetation line(s) shall be submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities. Town of Surf City Permit No. 40-20 Page 3 of 5 ADDITIONAL CONDITIONS 12) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management. Dredge operations shall resume only after receiving approval from the Division of Coastal Management confirming resolution of the issue of sand compatibility. 13) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 14) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. NOTE: Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 15) Land -based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access site may require a modification of this permit. 16) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 17) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. NOTE: Any dune planting or installation of sand fencing should be coordinated with the NC Wildlife Resources Commission & U.S. Fish & Wildlife Service. Sand fencing shall conform to the requirements of 15A NCAC 07K. 0212, or additional authorization from DCM, in coordination with the appropriate resource agencies, shall be required. Cultural Resources 18) The wreck of the William H. Sumner is believed to fall within the project area. It is located eighty yards north of the old Barnacle Bill's Fishing Pier. About thirteen yards separates the exposed wreckage from the existing dune line. GPS coordinates place the approximate position of the site at North 34 deg. 25.948 min. and West 77 deg. 31.904 min. or approximately one -mile northeast of the Surf City water tower. The possibility exists that this work may unearth a beached shipwreck. In the event that such occurs, work should move to another area and the Underwater Archaeology Branch should be contacted immediately (910-250-7320). DCM should also be contacted immediately thereafter. Town of Surf City Permit No. 40-20 Page 4 of 5 ADDITIONAL CONDITIONS Easement 19) An Easement from the Department of Administration's State Property Office may be required. The permitfee shall contact the State Property Office at (91'9) 807-4650 prior fo the initiation of construction to determine if such an easement will be required. General 20) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval. 21) No permanent structures are authorized in accordance with any road work for the pipeline crossing that may be required by the N.C. Department of Transportation (NCDOT). All work shall comply with the pipeline crossing plan submitted in the project narrative, unless approved by DCM, and all work shall be restored to its pre -project cohdition upon completion. 22) 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. 23) The authorized projec, shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 24) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 25) The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the N.C. Division of Water Resources, and the U.S. Army Corps of Engineers prior to the initiation of any activities authorized by this permit. This conference may also include other resource agencies necessary to coordinate pipeline landing location and route in order to minimize impacts to wildlife resources. 26) The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification 4175 (DWR Project No. 2005 2016 v2). Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. 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, but not limited to an encroachment agreement from the N.C. Department of Transportation (NCDOT). NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed 1 acre in area, an Erosion and Sedimentation Control Plan may be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Town of Surf City Permit No. 40-20 Page 5 of 5 ADDITIONAL CONDPCIONS NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW 2019-00658. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2005- 2016v2. NOTE: A permit application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.