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HomeMy WebLinkAbout43-03 Minor Mod. 04/2006 Permit Class Permit Number MODIFICATION/MINOR 43.03 STATE OF NORTH CAROLINA � � Department of Environment and Natural Resou and APR 2 0 2006 � Coastal Resources ComI" rmi tssion Mo"PVCM 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 Issued to City of Jacksonville, PO Box 128,Jacksonville, NC 28541 Authorizing development in Onslow County at Wilson Bay,off Loyola Dr. at old WWTP,Sturgeon City Park&Marsh Restoration site , as requested in the permittee's letter dated 3/14/06, including attached the workplan drawings (4) all dated 2/10/06. This permit, issued on April 10,2006 , 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. Boardwalk 1) Unless specifically altered herein, this minor modification authorizes only tht 6 ft. x 1040 ft. boardwalk terminating in a 12 ft. x 24 ft. viewing platform all as expressly and specifically set forth in the attached letter and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this boardwalk facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) Unless altered herein, the alignment of the authorized boardwalk shall adhere expressly and specifically to the alignment depicted in the attached workplan drawings. Any proposal to alter the alignment shall require a modification of this permit. (See attached sheet 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. I, This permit must be accessible on-site to Department Personnel when the project is inspected for compliance. Charles S. Jones, Director Any maintenance work or project modification not covered 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 X City of Jacksonville Permit#43-03 Page 2 of 2 ADDITIONAL CONDITIONS 3) The PV observati d0aproved hall not be roofed and shall not exceed 288 s.f. . 4) N�o ?f ortioo ie observation deck shall be placed over coastal wetlands. 5) All portions of the boardwalk located over high ground and coastal wetlands shall not exceed a width of 6 ft. and shall be slatted, wooden and elevated. Any portion of the boardwalk located over coastal wetlands shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 6) The permittee shall -maintain the authorized work in good condition and in conformance with the terms and conditions of this.permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) No work shall be carried out on.any private property until such time as appropriate legal instruments (i.e. easements) are obtained from the impacted property owners. 8) This renewal shall be-attached to the original of Permit No. 43-03, which was issued on 4/1/03, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 9) All conditions and stipVlations of the active permit remain in force under this minor modification unless altered herein. qNIMA . � -A 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 April 10, 2006 City of Jacksonville P.O. Box 128 Jacksonville, NC 28541 ' 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. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. 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, R/-Oft- V H� Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# DCM Coordinator: MAILING DIISI,TRIBUITI,ION:n Permitee: (I t" �' \ �luc �U. Y �� nVl��; Agent: DCM Field Offices: Elizabeth City Morehea tty Was ngton- Wilmington US Army Corps of Engineers(USAGE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy > Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace. Shellfish Sanitation: Patty Fowler State Property Office: Tommy Cline Water ua' n i aro y(for non-DOT John Hennessy OT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-948-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CA11LA Major Permit Process Manual Page 70 of 76 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO May 15, 2006 Regulatory Division aJ " Action ID No. 200300412 and State Permit No. 43-03 MAY 1 8 �?006 Morehead City DCM City of Jacksonville Post Office Box 128 Jacksonville,North Carolina 28541 Dear Madam or Sir: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your Department of the Army(DA)permit that was issued on April 15, 2006. This permit authorized the restoration of 2.5 acres of the 12.9 acre out parcel to coastal marsh and conversion of the remainder to park space with picnic shelters,boardwalks, a parking lot and an amphitheater located at Sturgeon Park, adjacent to Wilson Bay, off of Loyola Drive and Court Street, Jacksonville, Onslow County,North Carolina. The modification request consists of construction of a 6' x 1040' boardwalk terminating in a 12' x 24' viewing platform (see attached drawings). The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 2006. If you have any questions or comments you may call me at(910) 251-4930. Sincerely, W;i' Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 2 ONVILI,� 1 City of Jacksonville City Manager's Office PO Box 128•Jacksonville NC 28541-0128•910 938-5220 ghargett@ci.jacksonville.nc.us Tuesday, March 14, 2006 Ryan Davenport U U Field Officer DCM-DENR State of North Carolina MAR 2 1 2006 400 Commerce Ave Morehead City, NC 28557-3421 Morehead City DCM Request for Modification in Permit 43-03 Sir: This letter is in response to your instructions in regard to the review of plans for the City of Jacksonville for projects associated with the Surgeon City and Wilson Bay biosystem restoration efforts. Our project will consist of the construction of a boardwalk on top of an existing wastewater line that runs from Sturgeon City Park to Thompson School Creek. In addition to the boardwalk construction, the City of Jacksonville is instituting other projects to improve water quality and natural habitat along Thompson School Creek. The projects include the installation of several rain gardens in upland areas adjacent to the creek. These projects will serve to retain and treat stormwater runoff prior to it entering the wetlands along the Thompson School Creek. The City of Jacksonville has had six rain gardens designed that together will cover 94,000 square feet within this area. The construction of these projects is expected to begin in May 2006. During the construction of the boardwalk, the City will also be removing invasive species from the wetlands and upland areas along the boardwalk. The size of the area is approximately two acres. Removal will be preformed by hand with the use of chain saws and hand tools. Any trash (old cars, stoves, metal cans, etc.) will also be removed and discarded in the local landfill. Following this, native species will be planted within the area. When possible, the boardwalk will be used as for the entrance and exit to reduce impact. We have included a $100 check for this modification and pursuant to your instructions, anticipate being returned the previously written $400 check to your agency. The City of Jacksonville appreciates the manner that this project has been handled, and appreciates the support that you have provided to this effort. I stand ready to answer any questions. Additionally, Larry Hobbs of Hobbs and Associates, is available at 919 306-2410 to answer questions and to provide more detailed information. Si cerely, Glenn Hargett Wilson Bay— Sturgeon City projects manager