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HomeMy WebLinkAbout101-24 NC DEQ (Marine Fisheries Division) Permit Class Permit Number NEW 101-24 STATE OF NORTH CAROLINA Department of Environmental Quality and VO Coastal Resources Commission Vermit �..`�`� for QC" O CX Major Development in an Area of Environmental Concern I � pursuant to NCGS 113A-118 1G X Excavation and/or filling pursuant to NCGS 113-229 Issued to North Carolina Department of Environmental Quality(Division of Marine Fisheries),217 West Jones St,Raleigh,NC 27603 Authorizing development in Carteret County at adj. to Bo ue Sound, at Division of Marine Fisheries Headquarters , as requested in the permittee's application (PA-1271) submitted 04/24/24, incl att workplan drawings (13), Sheets C1-C8 dated revised 8/26/24 & Sheets 1-5 print dated 4/10/24. This permit, issued on September 10,2024 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization—Offshore Sills 1) The offshore sills shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [G.S. 113-229(e); 07H .0208(a)(2)] 2) In accordance with commitments made by the permittee, construction shall be accomplished using granite with bedding stone, as depicted in the attached permit application. All materials shall be free from loose dirt or pollutants except in trace quantities. [07H .0208(a)(2)(A), 07H .0208(a)(2)(B)] 3) The height of the permitted offshore sills shall not exceed twelve inches above normal high water level. [07H .0208(a)(2); G.S. 113-229(e)] (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. 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 For Tancred Miller, 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. September 10, 2029 In issuing this permit,the State of North Carolina agrees that , your project is consistent with the North Carolina Coastal f— ,,A� Management Program. Signature of Permittee N.C. Department of Environmental Quality Permit No. 101-24 Page 2 of 4 ADDITIONAL CONDITIONS 4) The offshore sills shall have openings as depicted in the attached workplan drawings and permit application. [07J .0202(c)and 07H .0208(a)(2)] 5) No backfill of the offshore sills or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. [07H .0207(d)] 6) Offshore sill materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. [07H .0208(b)(9)(G)] 7) The alignment of the authorized offshore sills shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(cI)] 8) If the crossing of wetlands with mechanized construction equipment is necessary,temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .02051 9) No material shall be staged, even temporarily, within 30 feet of normal high water. [07H .0209(d)(10)] 10) The alignment of the authorized offshore sill within the adjacent property's riparian setback shall be no greater than 25' waterward of normal high water level. [07H .2705(k)] 11) The offshore sills shall have at least one,ten-foot opening at every 100 feet. The sections may be staggered and overlap as long as the ten-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [07H .0208(a)(2); 07H .0207(d)] 12) The offshore sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water. [07H .0208(a)(2); 07J .0209(a); G.S. 113A-120(b)] 13) 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. [07H .0208(a)(2)(G)] Loading Pier and Groin Replacements 14) Unless specifically altered herein,this permit authorizes groins and loading pier, as indicated on the attached workplan drawings. [07J .0202(c)] 15) The groins and loading pier shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07J .0202(c)] 16) The height of the permitted groins shall not exceed 12 inches above normal high water. [07H 0208(b)(9)(D)] N.C. Department of Environmental Quality Permit No. 101-24 Page 3 of 4 ADDITIONAL CONDITIONS 17) The permitted groins shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. [07H .0207(d); 07H .0208(a)(2)(A)] Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 19) 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. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] USACE Conditions [G.S. 113A-107, G.S. 113-229(e)l 20) In order to protect juvenile shrimp and finfish populations, no in water work will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the Corps, in consultation with the National Marine Fisheries Service. 21) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. General 22) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(B)] 23) 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. [07J .0406(b)] 24) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. [07J .0209(a); G.S 113A-120(b)] 25) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] NOTE: This permit does not eliminate the need to obtain any additional state, federal or local perinits, approvals or authorizations that may be required. N.C. Department of Environmental Quality Permit No. ]Permit Page 4 of 4 ADDITIONAL CONDITIONS NOTE.: The U.S. Army Corps of Engineers authorized the project by way of Programmatic Gener198000291 (Action ID SAW-2024-01087). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of IndividQuality Certification No. WQC007001 and assigned the project DWR Project No. 202407 NOTE: An application processing fee of$400 was received by DCM for this project.