HomeMy WebLinkAboutNCWRC DCM 33-24Permit Class
NEW
Permit Number
33-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" t
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 Wildlife Resources Commission,1718 NC 56, Creedmoor, NC 27522
Authorizing development in
New Hanover
County at adj. to AIWW, at 109 Causeway Dr. in
Wilmington as requested in the permittee's application submitted electronically (PA-1174) on 12/14/23,
including attached workplan drawings (10), Sheets 1, 2, 2.1, 2.2, 2.3, 4.5, 4.6, 8.1, 8.2, 8.3, all dated 12/14/23.
This permit, issued on March 14, 2024 , 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.
Shoreline Stabilization — Bulkhead Replacement
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawing. [07H .0208(b)(7)(D); G.S. 113-229(b)]
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)]
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. [G.S. 113-229(cl)]
(See attached sheet 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
March 14, 2029
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 Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
NC Wildlife Resources Commission Permit No. 33-24
Page 2 of 3
ADDITIONAL CONDITIONS
4) 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. [07H .0207(d); 07H .0209(d)(4)]
5) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H
.0209(d)(4)]
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)]
7) The fill material shall be clean and free of any pollutants except in trace quantities. [07H.0208(a)(2)(B);
07H .0209(d)(3)]
8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. [07H .0208(b)(7)(C), 07H .0209(d)(3)]
9) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead. [07H .0209(d)(10)(G); 07H .0209(d)(10)(A)]
10) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)]
11) 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. [07H .0205]
Upland Development
12) This permit authorizes only the landscaping, regrading, and the installation of pervious lining with 957
stone as fill, all as depicted in the attached permit application, project narrative, and workplan drawings.
Any development proposed in an Area of Environmental Concern (AEC), including but not limited to
the Coastal and Estuarine Shoreline AECs and located within the applicant's property, may require
additional authorization from the Division of Coastal Management prior to work commencing. [G.S.
113A-103(5)(a)]
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. [07H .0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .0208]
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. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days 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 and authorized concrete infill area immediately following completion of
backfilling activities. [07H .0209)(d)(3)(B); 07H .0209(d)(3)(C)]
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
General
Permit No. 33-24
Page 3 of 3
16) 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 event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
17) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State. All concrete materials shall be poured on an upland site and hardened before the artificial reef
structures enter the waters of the State/United States. [07H .0208(a)(2)(B)]
18) 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. [07J .0406(b)]
19) 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. [07J
.0209(a); G.S 113A-120(b)]
20) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3
(Action ID SAW-2023-2498).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 6650 and assigned the project DWR Project No. 20231727.
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. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
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.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NC Wildlife Resources Commission
1718 NC 56
Creedmoor, NC 27S22
michael.leggett@ncwildlife.org
NORTH CAROLINA
Environmental Quality
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal subject to
the conditions shown on the permit. The original (buff -colored form) is retained by you and must be
available on site when the project is inspected for compliance. Please sign both the original and the copy
and return the copy to this office by mail or email a scanned copy to dcm.mhc.adminskncdenr.gov.
Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or to any of its conditions, you may request a contested case hearing
pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
N.C.G.S. Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. Information
about this process can be found at: https://www.oah.nc.gov/hearings-division. You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty (20) days
pursuant to N.C.G.S. I I3A-121.1(b).
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that they fully understand all permit requirements. To facilitate this, we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information is kelsey.beachman@deq.nc.gov.
Department personnel will visit the project site to ensure compliance with this permit. If
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Sincerely,
Gregory Bodnar
Major Permits Coordinator
N.C. Division of Coastal Management
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NORTH CAROUNA -
Oepadment01EnWronmenmlQuality /� 252.808.2808