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HomeMy WebLinkAbout20221739 Ver 1_DCM Permit_20231019Permit Class NEW Permit Number 116-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r r t nit 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 Faith and Clause Platt/Pettersson Coastal, LLC, 1450 Raleigh Road, Suite 300, Chapel Hill, NC 27517 Authorizing development in New Hanover County at adj. to AIWW, at 1913 and 1917 Atlantic Drive, in Wilmington , as requested in the permittee's application dated 11/28/22 (MP-1, MP-2), including work plan drawings (4) Sheets 1-4 of 4 revised 6/19/23. This permit, issued on October 19, 2023 , 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 civil or criminal penalties; or may cause the permit to be null and void. Dredge Boat Basin and Access Channel 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall follow a tapered cut, not to exceed -3 feet below the normal low water level as depicted in the attached workplan drawing, Sheet 4 of 4. In no case shall the depth of excavation exceed the depth of connecting waters. (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 October 19, 2028 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Faith and Clause Platt/Pettersson Coastal, LLC Permit No. 116-23 Page 2 of 4 ADDITIONAL CONDITIONS 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 5) The permittee is advised that a portion of the authorized dredge footprint falls within a recognized submerged lands claim. Through a letter dated 9/26/23, authorization was provided by the current owner of the submerged lands claim authorizing a one-time dredge event within the private submerged bottom. Should ownership of the submerged lands claim change, the permittee shall obtain written authorization from the new owner to dredge the portion of the dredge footprint within the bounds of the submerged land claim and submit it to DCM prior to the initiation of dredge operations. If maintenance dredging is proposed in the future, new permission from the owner of the submerged lands claim will be required to be provided to DCM. 6) No excavation shall take place within 5 feet of any submerged aquatic vegetation at time of dredging. 7) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Dredte Material Disposal DA-228 8) In order to protect waters adjacent to the designated dredge material disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section the dredge plan and the location of the dredge material disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. 9) No dredge material shall be placed within 30 feet of the normal high-water line. 10) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 11) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. NOTE: In accordance with commitments made by the permittee, the dredge disposal site is authorized for a one time use only. Any additional use of this disposal site may require additional authorization. Faith and Clause Platt/Pettersson Coastal, LLC Permit No. 116-23 Page 3 of 4 ADDITIONAL CONDITIONS Maintenance Clause 12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) 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. General 15) 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. 16) 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. 17) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. 18) 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 recent of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2023-00715). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 20230472.