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HomeMy WebLinkAbout129-16 Minor Mod (Amended) 2024Permit Class MODIFICATION/MINOR (AMENDED) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern't 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 Permit Number 129-16 Issued to Dare County, 954 Marshall C. Collins Drive, Manteo, NC 27954 Authorizing development in Hyde/Dare County at Pamlico Sound and Hatteras Inlet complex adi, to the NE tip of Ocracoke Island, as requested in the permittee's letter dated 4/12/24 including workplan drawings (2), Sheet I dated 4/3/24 and Sheet 2 dated 2/23/24. This permit, issued on July 22, 2024 , 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 1) Unless specifically altered herein, this Minor Modification allows year-round dredging to be conducted and authorizes additional disposal areas, all as expressly and specifically set forth in the attached modification request and workplan drawings. [07J .0202(c)] 2) In accordance with commitments made by the permittee and in order to minimize impacts to submerged aquatic vegetation (SAV) habitat, all excavation and disposal activities shall maintain a minimum distance of 300' from any known SAV beds when dredging from April I through September 30, and a minimum distance of 100' from any known SAV beds from October I through March 31. [07H .0208(b)(1)] (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, 2025 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. For Tanered Miller, Director Division of Coastal Management This permit and i conditions are hereby accepted. Signature of Permittee Dare County Permit No. 129-16 Page 2 of 3 ADDITIONAL CONDITIONS Nearshore Hatteras and Ocracoke Islands DredPe Disposal Template 3) All disposal of excavated materials shall take place entirely within the area(s) indicated on the attached workplan drawings. Any proposal to modify the disposal location(s) may require a modification of this permit. [07J .0202(c)] Estuarine Waters AEC Disposal Template 4) All disposal of excavated materials outside of the approved nearshore disposal areas referenced above shall take place entirely within the area shown as "Hatteras Inlet Flood Channel Open Water Placement Area A", as indicated on the attached workplan, Sheet I dated 4/3/24. Any disposal outside the authorized disposal locations shall require a permit modification. [G.S. 113-229(e); 071I .0207(d); 07H .0208(a)(1)] 5) The permittee shall conduct post -deployment bathymetric surveys of the "Hatteras Inlet Flood Channel Open Water Placement Area A" to confirm that work did not result in post -disposal elevations shallower than -12 feet at MLLW. The surveys shall be provided prior to quarterly progress meetings. Post -disposal depths shallower than -12 feet at MLLW shall be reported to DCM immediately. [G.S. 113-229(e)] 6) Any monitoring reports submitted to the U.S. Army Corps of Engineers shall be provided to the Division of Coastal Management. [07J .0202(c)] NOTE: In order to reduce potential for increased turbidity within the estuarine waters of Hatteras hnlet, the permittee is encouraged, but not required to, to dispose of dredge material within the "Hatteras Inlet Flood Channel Open Water Placement Area A" on outgoing tides. General 7) 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. [071-1.0208(a)(2)(G)] 8) The permitted activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. [07H .0208(a)(2)(G)] 9) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. [07J .0209(a)] NOTE: This Minor Modification shall be attached to the original of Permit No. 129-16, which was issued on 12/20/16, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Dare County Permit No.129-16 Page 3 of 3 NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 13-1279. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2016-02140.