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HomeMy WebLinkAbout98-03 Renewal 09/2007 Permit Class Permit Number RENEWAL 98-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for O C T 200, X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 M®rehead city &)C Excavation and/or filling pursuant to NCGS 113-229 Issued to City of Jacksonville, PO Box 128,Jacksonville,NC 28451 Authorizing development in Onslow County at Northeast Creek,w/in existing Seaboard Coastline RR k trestle.South of Hwy 24 bridge,Jacksonville as requested in the permittee's letter dated 12/7/06 This permit, issued on September 12. 2007 , 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. r 1) This renewal shall be attached to the original Permit No. 98-03, which was issued on 7/17/03 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. Y This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. ? date. An appeal requires resolution prior to work initiation or continuance as the case may be. k This permit must be accessible on-site to Department personnel when the project is inspected for compliance. X a es H. Gregson, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees <: that your project is consistent with the North Carolina Coastal Management Program. Signature of PetYrrittee t ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary September 13, 2007 City of Jacksonville PO Box 128 Jacksonville NC 28451 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# V 03 DCM Coordinator: MAILING DISTRIBUTION: Permitee; Agent: ---- — DCM Field Offices: Elizabeth City rehead ity Washington- Wilmington US Army Corps of Engineers (USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Ralei h Blan Wilmington: Dave Timpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WTRO) Fred Hill(WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: . Patty Fowler State Property Office: Tommy ' Water Quality: Cy ndi Karol (tor non-D AAV ells L��t�.`` John Hennessy T) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCNL I Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-943-0473) Wilmington(910-350-2004) US Army Corps of Engineers(USACE): - Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CAINLA ita jor Permit Process Manual Page 70 of 76 A ffl�'-IWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary Memorandum vvnr 8/22/07 To: Doug Huggett �'] From: Ryan Davenport.^ Re: Renewal Request—State Permit#98-03, Jacksonville Rails to Trails Please find enclosed a request from Enrico Roque on behalf of the City of Jacksonville requesting to renew State Permit#98-03. This permit was issued on July 17, 2003 and expired on December 31, 2006. The applicant is requesting a renewal so that the project can be completed. Enclosed is a $100 check. Therefore, I recommend this request be authorized and that the permit be renewed for another 2 years. Cc: Ted-- f�v 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper HNTB Corporation 343 E.Six Forks Road Telephone(919)546-8997 The HNTB Companies Suite 200 Facsimile(919)546-9421 Engineers Architects Planners Raleigh,NC 27609 www.hntb.com HNTB August 15, 2007 Mr. Ryan Davenport, Manager NC DENR - DCM 400 Commerce Ave. Morehead City, NC 28557 Re: CAMA Major Permit- Northeast Creek Railroad Bridge Retrofit Jacksonville Rails to Trails Project NCDOT TIP# E-3407B HNTB File No.: 34347 Request for Permit Extension Dear Mr. Davenport: Per our telephone conversation, enclosed is a check for $100 to cover the cost for the permit extension request. The project is currently under construction and we anticipate the completion in early 2008. If you need additional information please call me at (919) 424-0442 or send an email to eroque@hntb.com. Thank you in advance for your attention to this project. Sincerely, M r , PC e, cc: Tom Anderson MM City of Jacksonville Enclosure (1) AUG 2 0 Z007 Morehead City DCM HNTB Corporation HNTB North Carolina,P.C. Telephone(919)546-8997 THE HNTB COMPANIES 343 E.Six Forks Road,Suite 200 Facsimile(919)546-9421 Engineers Architects Planners Raleigh,NC 27609 www.hntb.com HNTB December 7, 2006 Ms. Tere Barrett, Manager NC DENR - DCM 400 Commerce Ave. Morehead City, NC 28557 RE: CAMA Major Permit - Northeast Creek Railroad Bridge Retrofit Jacksonville Rails to Trails Project NCDOT TIP# E-3407B HNTB File No.: 34347 Request for Permit Extension Dear Ms. Barrett: On behalf of the City of Jacksonville, we respectfully request an extension of the permit for the construction of the Jacksonville Rails to Trails project. The City of Jacksonville awarded the contract to Rea Constructions on Sept. 12, 2006. The project is currently under construction. We anticipate the project will require 18 months to construct. Attached is a copy of the permit that is due to expire on December 31, 2006. If you may need additional information, please call me at (919)424-0442 or email at erogueCcD,hntb.com. Thank you in advance for your attention to this project. Sincerely, HNTB North Caro ' PC Enrico A. Roque E Project Manage cc: File '' 1 �r r is ZOG6 lViu uriczad City DCM S � Permit Class Permit Number NEW 98-03 3 STATE OF NORTH CAROLMA Department of Environment and Natural Resources and Coastal Resources Commission emit 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 City of Jacksonville,PO Box 128,Jacksonville,NC 28451 Authorizing development in Onslow County at Northeast Creek,w/in existing Seaboard Coastline RR trestle.South of Hwy 24 bridge.Jacksonville , as requested in the permittee's application dated 3/17/03, including attached the workplan drawings (8), all dated received 3/18/03. This permit, issued on' July 20032003 , 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. Rails to Trails to Trails GreenwaySystem 1) This permit authorizes the development of the bicycle and pedestrian path, including paved approaches and refurbishment of the railroad trestle that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. 2) No fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. v Any maintenance work or project modification not covered na D. Moffitt,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee City of Jacksonville Permit#98-03 Rails to Trails Project Page 2 of 3 ADDITIONAL CONDITIONS 4) No land disturbing activities are authorized within 30 feet of the normal water level except that which is necessary to construct the approaches to the trestle/creek crossing and placement of the riprap and rock gabions. 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: The permittee is advised to notify the District Engineer with the NC Department of Transportation should it become necessary to encroach closer to the NC Highway 24 bridge structure than depicted on the attached workplan drawings. Shoreline Stabilization 6) The toe of the permitted riprap and rock gabions will not extend waterward more than 5 feet from the normal water level. 7) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 8) The riprap material must consist of clean rock or masonry materials such as but r-ot limited to granite or broken concrete. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sedimeiAs in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence,etc.). 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 12) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8030328 on 7/9/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 13) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Fto ville Permit 498-03 Project Page 3 of 3 ADDITIONAL CONDITIONS his permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 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 high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030384), which was issued on 4/25/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 18 (COE Action Id. No. 200300512) which was issued on 4/3/03.