HomeMy WebLinkAbout20051050 Ver 2_Swansboro Major Modification issued December 14 2022_20221215Permit Class
MODIFICATION\MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
crmtt
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
Permit Number
112-05
Issued to Town of Swansboro, 601 W. Corbett Ave, Swansboro, NC 28584
Authorizing development in Onslow County at White Oak River, Swansboro Bicentennial
Park and Waterfront as requested in the permittee's application dated _7/20/22. including the
attached workplan drawings (3): 2 dated 6/6/22, and 1 dated 6/28/22.
This permit, issued on December 14, 2022 , 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.
1) Unless specifically altered herein, this Major Modification authorizes construction of the
Bicentennial Park Boardwalk Extension & Public Day Docks project, including the following: (a)
one-time excavation of an area of river bottom that is approximately 3,192 square feet to a depth not
to exceed -4 feet below normal low water utilizing the bucket to barge methodology; (b) add one 8' x
100' floating dock, one 6' x 12' platform/dock extension, one 4' x 30' gangway, two 4' x 30'
floating finger piers, and six tie pilings; (c) construct a 12' x 150' boardwalk with guardrail along the
shoreline to connect the existing boardwalk in Bicentennial Park with the existing town dock at
Moore Street; (d) install accessible ramps over the existing bulkhead where it connects with the new
boardwalk (e) remove and replace a 5' x 45' wooden walkway; and (f) remove a deteriorated wooden
bulkhead located within the NC Highway 24 right-of-way and replace it with 28 linear feet of granite
riprap for slope protection, all as depicted on the attached workplan drawings.
(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 14, 2027
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 DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Swansboro
ADDITIONAL CONDITIONS
Permit #112-05
Page 2 of 6
2) Prior to the initiation of construction on any specific property, easements or similar legal instruments
shall be obtained from the impacted property owners.
NOTE: In order to protect fisheries resources, including adjacent submerged aquatic vegetation (SAV)
habitat, during construction of docking facilities and placement of riprap, the permittee shall
limit in -water work to the maximum extent practicable between February 1 through October 31
of any year without prior approval of the N.C. Division of Coastal Management (DCM), in
consultation with the appropriate resource agencies.
In order to protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https:/Iwww.fws.gov/raleigblpdfs/ManateeGuidelines2017.pdf
This permit authorizes a maximum of 7 boat slips. At no time shall more than 7 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels, and personal watercraft.
This permit authorizes only the structures and uses located in or over the water that are expressly and
specifically set forth in the permit application and shown on the workplan drawings. No other structure,
whether floating or stationary, shall become a permanent part of this facility without additional
authorization from DCM. No non -water dependent uses of structures may be conducted on, in, or over
public trust waters without permit modification.
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 may 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.
7) The installation of piles for the docking facility shall be accomplished by pile driving and/or the use of a
vibratory hammer. Should the permittee and/or its contractor propose to utilize another type of pile
installation, such as jetting, additional authorization from DCM shall be required.
All construction access shall be through the use of the existing docking facility, barge, and/or existing
high ground areas.
9) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.
10) No excavation or filling shall take place at any time in waters of the State outside of the alignment of the
areas indicated on the attached workplan drawings, without permit modification.
11) The temporary placement and/or double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized.
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Town of Swansboro
ADDITIONAL CONDITIONS
Permit #112-05
Page 3 of 6
12) Any waste materials or debris associated with construction, demolition, or other activities on the project
shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate
manner provided appropriate authorizations from any relevant state, federal, or local authorities are
obtained.
13) Barges shall be utilized only in areas of sufficient depth such that the barges avoid contact with the
bottom and do not rest on the bottom during periods of low water.
Riprap
14) The riprap shall not extend waterward more than 12 feet from the normal high water level at any point
along its alignment at the time of construction, and the riprap shall not extend waterward more than an
average distance of 12 feet from the normal high water level along its full alignment at the time of
construction.
15)
The placement of riprap shall be limited to the areas as indicated on the attached workplan drawings.
The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities.
The riprap material shall consist of granite. It shall be of a size sufficient to prevent its movement from
the authorized alignment by wave or current action. If the riprap becomes dislodged from the approved
alignment at any point in the future, the permittee shall immediately contact DCM to determine the
appropriate course of action.
16) The geotextile fabric associated with the riprap shall be in place prior to the placement of any riprap.
Dredging
17) In order to protect fisheries resources during the authorized dredging, no in -water excavation shall be
conducted between April 1 to September 30 of any year without prior approval of DCM, in consultation
with the appropriate resource agencies.
NOTE: In accordance with comments received from the N.C. Division of Marine Fisheries (DMF), the
permittee is strongly encouraged to coordinate with DMF to develop an approved plan to
relocate any oysters that are located within the area of excavation prior to dredging.
18) Turbidity curtains shall be used to isolate the authorized in -water excavation areas from the adjacent
waters of the White Oak River. The turbidity curtains shall encircle the immediate work area, however,
they shall not impede navigation. The turbidity curtains shall be properly maintained and retained in the
water until the authorized in -water excavation is complete and shall only be removed when turbidity
within the curtains reaches ambient levels.
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Town of Swansboro
ADDITIONAL -CONDITIONS
19) The spoil disposal area shall be inspected and approved by a representative of DCM prior to
commencement of any excavation. In addition, prior to the initiation of any excavation and/or spoil
disposal activities authorized by this major modification, the permittee shall contact the Division of
Marine Fisheries, Shellfish Sanitation and Recreational Water Quality Section, at (252) 726-7021 before
any excavation activity occurs due to the potential for runoff or turbidity that could necessitate the need
for a temporary closure within the vicinity.
20) The depth of excavation within the authorized dredge area shall not exceed —4 feet below the normal
low water level of the White Oak River. In no case shall the depth of excavation exceed the depth of
connecting waters. Overdredging is specifically prohibited.
21) All excavated materials shall be placed directly into a closed body dump truck and hauled offsite to an
approved upland disposal site in a manner not to impact waters or wetlands. There shall be no spillover
of solids or seepage of effluent into any vegetated wetlands or surrounding waters.
Permit #112-05
Page 4 of 6
Historical Resource Protection
22) In accordance with commitments made by the permittee, a Certificate of Appropriateness from the
Town of Swansboro Historic Preservation Commission (HPC) shall be obtained prior to construction
due to the status of the Swansboro Historic District, The Mattocks House and The Dorothy Sanders Cafe
as properties that are listed on the National Register of Historic Places.
Sedimentation and Erosion Control
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
24) 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, sand fence, etc.).
25) 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.
Stormwater Management
26) This project may require a Stormwater Management permit from the Division of Energy, Mineral and
Land Resources (DEMLR). If required, the permittee shall receive a Stormwater Management permit
from DEMLR prior to the initiation of any construction. For more information, the permittee should
contact the DEMLR, State Stormwater Program, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Any violation of a permit approved by DEMLR shall be considered a violation of this CAMA permit.
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Town of Swansboro
ADDITIONAL CONDITIONS
General
Permit #112-05
Page 5 of 6
27) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
28) 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 following completion of construction.
29) The permittee shall install and maintain at its 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 authorized facilities in order to make them more visible during hours
of darkness or inclement weather.
30) The permittee and/or its contractor shall contact the DCM Field Representative in Morehead City at
(252) 515-5408 to request a preconstruction conference prior to project initiation.
31) The permittee shall exercise all available precautions in the day-to-day operation of the facility to
prevent waste from entering the adjacent waters and wetlands.
32) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown
on the attached work plan drawings or described in the authorized permit application, a permit
modification and/or additional authorization from DCM shall be required.
33) This major modification shall be attached to the original of Permit No. 112-05, which was issued on
September 6, 2005, as well as all subsequent modifications, letters of authorization, and renewals, and
copies of all documents shall be readily available on site when a Division representative inspects the
project for compliance.
34) All conditions and stipulations of the active permit remain in force under this major modification unless
altered herein.
35) This major modification 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 modification of
the State Stormwater Permit if required.
36) The N.C. Division of Water Resources (DWR) authorized the proposed project on 11/9/22 (DWR
Project No. 20051050v2) under Individual Water Quality Certification No. WQC005345. Any violation
of the Certification approved by DWR shall be considered a violation of this CAMA permit.
37) This major modification incorporates all of the conditions contained within the U.S. Army Corps of
Engineers (USACE) authorization issued under Regional General Permit Number 198000291 (COE
Action ID No. SAW-2005-00900), which was issued on 11/30/22. Any violation of the USACE permit
shall be considered a violation of this permit.
Town of Swansboro
ADDITIONAL CONDITIONS
Permit #112-05
Page 6 of 6
NOTE: The authorized activities will permanently impact approximately 336 square feet of river bottom
due to placement of riprap, approximately 3,192 square feet of river bottom due to excavation,
and approximately 20 square feet of Coastal Wetlands due to shading.
NOTE: A major modification 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.