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HomeMy WebLinkAbout36853_WETMORE, LOUIS_20040308F-ICAMA / ❑`DREDGE & FILL IAAR 1 6 2504 GtNERAL PERMIT Previous permit# L!New ❑Modification ❑Complete Reissue []Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources - -7 and the Coastal Resources Commission in an area of environmental concern /_1 pursuant to 15A NCAC ". [j Applicant Nam9 s L'�`-� T i'll'1()2 _, ❑ Rules attached. Project Location: County_j; Address `1J ��n I VIC , Street Address/ State Road/ Lot #(s) 2 w, C-) L kl f i city cc,Z-,�'1er--- .� State zip j-- �F�L.S'� i j E. L� Eqs.' Phone # ( , .) e I cl Fax # ( ) Subdivision o/ot I AuthorizedAgent allir}� f�--E �� t�3 �"' City �}� t- LS. ZIP 2 ?,�. (, j ❑ CW ❑ EVG ❑ PTA ❑ ES ❑ PTS Affected Phone # River Basin [ °OEA C)KHHF ❑ IH C�UBA ❑ N/A AEC(s): �� r Adj. Wtr. Body - ji_�� C— /man /unkn) I PWS: ❑FC: T Closest Maj. Wtr. Body ORW: yes / no PNA yes / :no Crit. Hab. yes / no Type of Project/ Activity % I i �I(Scale: ~ Pier (dock) length Platform(s)_ Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore_ max distance offshore Basin, channel - U1 cubic yards ! Boat ramp Boathouse/ Boatlift Beach Bulldozing Other , Shoreline Length SAV: not sure yes rh.,---- Sandbags: not sure yes no I 1 Moratorium: n/a yes 7ny Photos: yes no r, Waiver Attached: yes no' L'' A building permit may be required by: I ❑ See note on back regarding River Basin rules. Notes/ Special Conditions f ? t-r YAgent or Applicant Printed Name X Signature Please read compliance statement on back of permit Application Fee(s) Check # Issuing Date Expiration Date -1 % � V4- 1-�-' 11 `-1 Local PlanningJurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Neuse River Basin Buffer Rules ❑ Other: If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 FROM :U111a9eBHI FAX NO. MAR.Ie,2004 2:41PM NCDENR WIR0 :457G205 Mar. 11 2004 09:27AN P2 4P MA JAREDOE & FILL No. ors �, a�4 GENERAL PERMIT N° 36853D eau �Modificaiion Complete Reissue ❑Partial Rehsue Prevloutc permit #i As cut iorf2ed by the State of North Cmolina, Deparmlent of Environment Data prevloua permit Issued and Naruml Retounxo '--— nnd the Coutal Rasourt:es Commission in an area of environmental concern pursuant to I SA NCAC �� Applicant Name Aj" E ••LI••- Gl�n etta Project Locarlore County Address �Q'-)1—� Clty_ otA ni°. iT 5taa_Mup, 2p" Street Addra�/lSta_te Read/ Lot #(s) E- V r.1 � Phone # Fax # (____) • .. . . • T� —' Subdivl�lon Authorized ,agent City ZI P AiTected ❑CW i• ❑ ❑PTA ❑eC ❑m AEC(a). *VA ; t*HP O IH - SA I� KA Phone # River Bxaln t PV ❑ Pvvs / I ❑ PC: Ad , Hhr Bod r - ORW! Yer /( PMA yes / e) Cris 14ah. yea no / CIO" Maj. Yft Body Type of Project:/ Activlty -r..11iS 1 S-M [S„/ C<-A+M V-A-r.5< Finger pler(s Groin 10wh number Bulkhead/ Rlprap lergrfr avg distance ofiahore max dlsanae offshor+ 6adn, cfiannd cubic Yards son mrnp !losmou■e/ Boaft ®each Bui(daslig OrhQer SAV not sum yes Sandbag: Moe sunq . 70• Mol.c. urm n/a PMw V1hh�ererAtrxhed: rns A, T et— NONE ME ���■mow■ ■.��■OEM s. ■■■ ■■w■■ ■.■■ .■ . acre �i �■■as�nr� Apg^ �■ MEN ■"�■ rue■■■■■■■ �i�w wi■■■ ■■■w�ii■r imam i iMUSEUM w A � A bullft Pamir may be required by: Notes/ Fpealvl 4onditlans XU Agent or ❑ See note on back rafardirig RMr Basin Holes. Printed ` alickm Narne F4ma4l6ornPlIamesrdtamanconbaeko(permit" I1aoa Rr+kp(rationpat■ 3-0 ■■(s) # oe Phrrk�Jurkdiedon R U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. P6040oS l6¢ County i GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner L (7lil.l . W �11 ��. ---- Address _ Address qQ � :aoriV L4rc, Or, Ve— C_ DN0\(-e,r , k & a s(i3 -r_1__tl__.. ,.T_ / / /7 _ /)U/ C Applicable Law: _Section 404 (Clean Water Act, 33 U.S.C. 1344). REULIVED (check all that apply) _Section 10 (River and Harbor Act of 1899). JUL 1 9 2004 Authorization: / ;4©00aYq1 Regional General Permit Number. DIV. OF COASTAL MANAGEMENT Nationwide Permit Number. RALEIGH Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished~' in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date _3 `/ �'-0 V Corps Regulatory Official A6,I Telephone No. Expiration Date of Verification 0 y' F Dq SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Forth 591 Revised July 1995 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case -by -case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non -Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on -site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. *U.S. GPO: 2WI-643-390 - DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198000048 ' Name of Permittee: General Public Effective Date: July24, 2000 Expiration Date: December 31, 2004 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perforrn work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3; 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE EMERGENCY CONSTRUCTION OF PRIMARY DUNES AND THE PLACEMENT OF SANDBAGS FILLED BY EXCAVATION FROM AREAS WATERWARD OF THE MEAN HIGH WATER (MHW) ELEVATION CONTOUR ON ATLANTIC OCEAN SHORELINES IN BRUNSWICK, CARTERET, CURRITUCK, DARE, HYDE, NEW HANOVER, ONSLOW AND PENDER COUNTIES, NORTH CAROLINA. Special Conditions a. Work authorized by this general permit is limited to the reconstruction of primary dunes and the placement of sandbags determined to be absolutely necessary to rectify an emergency situation as defined by North Carolina Coastal Resources Commission Regulations. The decision whether an emergency exists will be made by a Coastal Area Management Act (CAMA) Regional Consultant in coordination with a Corps of Engineers, Wilmington District, Regulatory Division Project Manager. All work must comply with the North Carolina Guidelines for Areas of Environmental Concern in Ocean Hazard Areas. b. Work will nd necessarily restore property to its condition prior to the emergency. The District Engineer and/or the North Carolina Division of Coastal Management may limit the scope of work to that necessary to stabilize the beach to prevent property damage, injury or loss oflife. Neither the U.S. Government nor the State of North Carolina will be held liable should the authorized work not fulfill its intended purpose. C. Before initiating any work, the permittee must contact the CAMA Regional Consultant and the Corps of Engineer Project Manager. Permittees may not avail themselves of the authority provided by this general permit until satisfying North Carolina General Statutes 113- 229, 143-215.3(a)(1), 143-215.3(c) and 113A-118. Only after receiving approval for the work pursuant to CAMA and notice from the District Engineer, Wilmington District, may the permittee proceed with the work. All activities will be performed in strict accordance with the Special and General Conditions of this general permit, any specific instructions from the State or the District Engineer and any other State or Federal requirements. d. Vegetated wetlands will not be excavated or filled. e. Primary dunes will be reconstructed at or landward of existing or recently eroded primary dunes and/or adjacent primary dunes. f. This general permit does not authorize any activity that may affect threatened or endangered species or their critical habitat as identified by the Endangered Species Act (16 U.S.C. 1531), as amended. For work to be performed between the dates of April 1 through November 15 of any year, the District Engineer will provide a notice to proceed only upon his determination that the authorized work will not affect threatened or endangered species or their critical habitat. In a notice to proceed, the District Engineer may require a permittee to comply with specific conditions to ensure that authorized work avoids impacts to threatened or endangered species or their critical habitat. g. All work will comply with the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality (NCDWQ). Proposed fill or substantial modification of waters or wetlands for the general certification requires written concurrence from NCDWQ. h. The permittee understands and agrees that, if future operations by the United States iequire the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. -2- 2. General Conditions a. All activities authorized by this general permit that involve the discharge of dredged or fill material in waters of the United States will be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the applicant will satisfy the NCDWQ regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. C. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre -work condition. d. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. e. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as 10 prevent a significant increase in turbidity outside 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. f. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. a g. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. -3- h. Authorization -provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (2) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (3) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). 1. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. -4- y in. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: James W. DeLony Colonel, Corps of Engineers District Engineer A -5-