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HomeMy WebLinkAbout20020730 Ver 3_2015 Work Plans & Application_30-15 New Permit_20200327Permit Class NEW Permit Number 30-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V Al ermit 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 NC Dept of Cultural Resources, 4605 Mail Service Center, Raleigh NC 27699-4605 Authorizing development in New Hanover County at Cane Fear River, 101 USS North Carolina Battleship Road Wilmington. . as requested in the permittee's application dated 12/11/14 (MP-i MP-2 and MP-3). 12/18/14 (MP-4) and 12/19/14 (MP-5), including the att'd workplan drawings (10), as referenced in Condition No. 1 of this permit. This permit, issued on March 2, 2015 , 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 oe suoject to Tines, imprisonment or crvn action; or may cause uie p011111L w uc uuu auu V u,u. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (10), Figure 1 & 2 dated October 2014, BDS-02-BDS-04 dated 10/31/14, A1.0 dated 10/3/14, ALL dated 10/6/14, A1.2 dated 2/23/15, A1.3 and AlA dated 11/13/14. Urban Waterfront Development 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the parking area, visitors center, dock masters office, restrooms, amphitheater and amenities, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. (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, 2018 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 VhNK ana me Chairman of the Coastal Resources Commission. Ld ar"� r Bf , cton C. Davis, Director U`'"Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Dept. of Cultural Resources Permit #3045 Page 2 of 5 Docking Facility 3) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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, outside of the area enclosed by the cofferdam, within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) 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. 7) 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. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) The authorized covered pavilions shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 11) The roof of the covered pavilions shall not be designed for second story use. 12) This permit authorizes a maximum of (10) transient boat slips in association with this docking facility. NC Dept. df Cultural Resources Permit #30-15 Page 3 of 5 ADDITIONAL CONDITIONS Cofferdam 13) The cofferdam shall be constructed in the same alignment as depicted on the attached workplan drawings. 14) The cofferdam shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. Excavation 15) No excavation shall take place outside of the cofferdam. 16) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal 17) All materials resulting from excavation of area within the cofferdam shall be confined above normal high water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 18) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. Bulkhead 19) The bulkhead shall be constructed in the same alignment as depicted on the attached workplan drawings. 20) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 21) The bulkhead shall be constructed prior to any backfilling activities. 22) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 23) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel 24) All backfrll material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. NC Dept. of Cultural Resources Permit #30-15 Page 4 of 5 ADDITIONAL. CONDITIONS 25) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 26) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. Army Corps of Engineers Conditions 27) An as built survey of the authorized structure will be provided to the US Army Corps of Engineers. General 28) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to 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 work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 29) 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. 30) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must 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.pd£ 31) No wetlands shall be excavated or filled, even temporarily, without permit modification. 32) 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. 33) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Mineral and Land Resources. NOTE; Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NC'IDept. of Cultural Resources Permit 930-15 Page 5 of 5 ADDITIONAL CONIDITIONS NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 02-0730v2. NOTE. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. Nos. SAW-2010-00175. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. NOTE: A No Wake Zone will not be approved for this project after construction is complete.