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.