HomeMy WebLinkAbout20230797 Ver 1_DCM Permit_20240621Permit Class
NEW
Permit Number
58-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Carteret County, 210 Turner Street, Beaufort, NC 28516
Authorizing development in
Carteret
County at adj. to Bogue Sound, at 241 Morada Bay
Drive, in Newport , as requested in the permittee's application submitted on 4/23/23 (PA-
1048), including attached workplan drawings and documents (21), as referenced in Condition No. 1 below.
This permit, issued on June 19, 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 civil or criminal penalties; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (21) and supporting documents, Index 1-16 of 16 all dated 4/7/23;
Exhibits A-C all dated 9/6/22, Exhibits D v3 and F both dated 2/29/24, and Exhibit E dated 5/24/24,
which are all located within the Mitigation Plan dated "Updated May 28, 2024"; and the narrative
dated 4/24/23.
NOTE: This permit, in full or part, was authorized under 15A NCAC 07H .0207(d) and 15A NCAC
07H .0208(a)(3).
(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
June 19, 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
Carteret County
ADDITIONAL CONDITIONS
Excavation of the Boat Basin and Access Channel
Permit No. 58-24
Page 2 of 8
2) In accordance with commitments made by the permittee, an earthen plug and turbidity curtain shall be
placed between the area to be excavated and the existing sound. A minimum period of 24 hours shall
elapse after completion of all excavation before removal of the turbidity curtain, or until ambient
conditions have returned to the basin, to prevent unnecessary siltation into the adjacent water body. The
turbidity curtain shall be aligned as to minimize any impacts to the surrounding waters and submerged
aquatic vegetation. [07H .0208(a)(2)(D)]
3) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)]
4) Excavation shall not exceed -6.2 feet below the mean low water level (with a 1 foot over dredge). In no
case shall the depth of excavation exceed the depth of connecting waters. [07H .0208(b)(1)]
5) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)]
6) 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). [07H
.0208(b)(1)(B); 07H .0208(b)(1)(C)]
Dredge Material Disposal
7) No dredge material shall be placed within 30 feet of the normal high-water line. [07H .0208(b)(1)(C)]
8) 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. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]
9) 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. [07H .0208(b)(1); 07H
.0208(b)(2)]
10) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed. [07H .0209(d)(8)]
Carteret County
ADDITIONAL CONDITIONS
Maintenance Clause f07J .04071
Permit No. 58-24
Page 3 of 8
11) 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.
Public Boat Ramp Facility with Rip Rap Stabilization
12) This permit authorizes only the 6-lane boat ramp, floating piers, transient dock, rip rap revetment 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 public boat ramp facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over Public Trust waters without permit modification. [07J .0202(c); 07H
.0208(a)(1)]
13) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. [07H .0208(a)(2)(B)]
14) The rip rap within the boat basin shall be constructed in accordance with the alignment depicted on the
attached workplan drawings. [07H .0208(b)(7)(D)]
15) The alignment of the authorized rip rap 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)]
16) The rip rap shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H
.0209(d)(3)]
Upland Development
17) 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 159-space parking lot,
roads and other associated infrastructure, all as expressly and specifically set forth in the attached permit
application and workplan drawings. [07J .0202(c); 07H .0209(d)]
Public Boat Ramp Living Shoreline
18) The living shoreline shall be constructed in accordance with the alignment and heights above mean high
water, as depicted on the attached workplan drawings. [G.S. 113-229(e); 07H .0208(a)(2)]
Carteret County
ADDITIONAL CONDITIONS
Permit No. 58-24
Page 4 of 8
19) No open water shall be excavated or filled for the purposes of the living shoreline, even temporarily,
outside of the approved living shoreline alignment. [07H .02061
20) No vegetated wetlands shall be excavated or filled for the purposes of the living shoreline, even
temporarily. [07H .0205(d)]
21) The alignment of the authorized living shoreline 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(c1)]
22) 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]
23) Living shoreline sections shall be marked at 50-foot intervals with yellow reflectors extending at least
three feet above mean high water. [07H .0208(a)(2); 07J .0209(a); G.S. I I3A-120(b)]
24) The living shoreline material shall consist of clean Quickreef units with no exposed rebar. There shall be
a 10' buffer between the existing SAV and placement of the living shoreline material. Any SAV within
20' of the installed Quickreef material should be documented and monitored and included as part of the
yearly monitoring report. Living shoreline materials shall be of a sufficient size and design to prevent its
movement from the approved alignment by wave or current action. The permittee shall be responsible
for immediate replacement or removal of any materials or debris that becomes dislodged or moves
outside the authorized alignment. [07H .0208(b)(9)(G)]
Aids to Navigation
25) Unless specifically altered herein, this permit authorizes the installation of four day marker type
navigational aids, all as expressly and specifically set forth in the attached permit application and workplan
drawings. [07H .0208(a)(1)]
26) The navigational aids shall conform with any and all appropriate regulations governing such structures,
including but not limited to marking and lighting requirements of the N.C. Wildlife Resources
Commission and/or the U.S. Coast Guard. [07H .0208(a)(2)(G)]
NOTE: In accordance with commitments made by the permittee, the permittee shall coordinate with the
N.C. Wildlife Resources Commission to designate a No Wake Zone within the area of the access
channel.
Mitigation
27) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of
development. [G.S. 113-229(b)]
Carteret County
ADDITIONAL CONDITIONS
Permit No. 58-24
Page 5 of 8
NOTE: If a court of competent jurisdiction determines that a party other than the permittee has legal title
to any part of the area approved for development under this permit, this permit shall be null and
void as to the area the court determines is not owned by the permittee. This condition shall take
effect on the date such court judgment becomes final. In such event, the permittee shall consult
DCM prior to initiating or continuing any further development under this permit.
28) This permit authorizes only the rip rap breakwater, Quickreef revetments and native marsh plantings that
are expressly and specifically set forth in the permit application and Mitigation Plan dated "Updated
May 28, 2024". No other structure, whether floating or stationary, shall become a permanent part of this
mitigation site without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification. [07J .0202(c); 07H
.0208(a)(1)]
29) The rip rap breakwater and Quickreef revetments shall be constructed in accordance with the alignment
and height above mean high water, as depicted on the attached workplan drawings. [G.S. 113-229(e);
07H .0208(a)(2)]
30) No open water shall be excavated or filled, even temporarily, outside of the approved rip rap breakwater,
Quickreef revetments alignments. [07H .02061
31) No vegetated wetlands shall be excavated or filled, even temporarily. [07H .0205(d)]
32) The alignment of the authorized rip rap breakwater and Quickreef revetments 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. Failure to initiate construction within 30 days, or erosion of the
shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and
verified by DCM within a maximum of 30 days prior to the new expected start of construction. [G.S.
113-229(cl)]
33) The rip rap breakwater and Quickreef sections shall be marked at 50-foot intervals with yellow
reflectors extending at least three feet above mean high water. [07H .0208(a)(2); 07J .0209(a); G.S.
113A-120(b)]
34) No backfill of the mitigation sites or filling of wetlands is authorized by this permit. [07H .0207(d)]
35) In accordance with commitments made by the permittee, the areas indicated on the attached Mitigation
Plan dated "Updated May 28, 2024", shall be planted with native Coastal Wetland species, all expressly
and specifically detailed in the attached narrative and workplan drawings. This Coastal Wetland
planting area shall be monitored, and replanted as necessary, for a minimum period of 5 years after the
first planting event, or until the Division of Coastal Management has notified the permittee in writing
that the planting efforts has been deemed successful. Documentation of the monitoring results shall be
provided annually to the Division of Coastal Management. If, after 5 years, the Division of Coastal
Management determines the plantings unsuccessful, remediation of the planting area or removal of the
rip rap breakwater and Quickreef structures may be required. [G.S. I I3A-120(b); G.S. 113-229(e); 07H
.0208(a)(2)(A)]
Carteret County
ADDITIONAL CONDITIONS
Permit No. 58-24
Page 6 of 8
36) Materials shall be of a sufficient size and design to prevent its movement from the approved alignment
by wave or current action. The permittee shall be responsible for immediate replacement or removal of
any materials or debris that becomes dislodged or moves outside the authorized alignment. [07H
.0208(b)(9)(G)]
37) The permittee shall provide the Division of Coastal Management with a yearly monitoring report as part
of the mitigation plan that includes, but not limited to all proposed mitigation commitments outlined in
the Mitigation Plan dated "Updated May 28, 2024". This report shall be provided for the duration of the
5-year monitoring commitment. If, after 5 years, the Division of Coastal Management determines the
mitigation plan is unsuccessful, remediation of the mitigation area and/or removal of the mitigation
structures may be required. [G.S. 113A-120(b); G.S. 113-229(e); 07H .0208(a)(2)(A)]
Natural and Cultural Resources
38) Prior to the initiation of any upland land -disturbing activities within the AEC authorized by this permit,
the permittee shall, in coordination with the N.C. Department of Natural and Cultural Resources
(NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of
permitted upland land -disturbing activities within the AEC shall not begin until written approval is
obtained from the Division of Coastal Management. [07H .0209(d)(7); 07H .0208(a)(2)(C)]
Stormwater Management
39) The Division of Energy, Mineral and Land Resources (DEMLR) may require a Stormwater
Management permit. If required, the permittee shall receive the Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
[G.S. 113A-120(a)(2); 07H .0209(d)]
Sedimentation and Erosion Control
40) 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
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405. [07H .0209(d)]
41) 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 boat basin rip rap immediately following completion of the basin dredging activities.
[07H .0209)(d)(3)(B); 07H .0209(d)(3)(C)]
42) 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)]
43) 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)]
Carteret County
ADDITIONAL CONDITIONS
General
Permit No. 58-24
Page 7 of 8
44) An as -built survey shall be performed on the upland boat basin, open water access channel and
mitigation sites, show the AIWW setback and associated delineations, and copies of the survey provided
to the Division of Coastal Management, within 60 days of completion of construction of these portions
of the project. [G.S. 113A-120(b)]
45) 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)(A); 07H .0208(a)(2)(B)]
NOTE: The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close
proximity to the authorized project and mitigation site. All available precautions shall be utilized
to ensure that damage to SAV habitat does not result from the construction of the authorized
development.
46) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State. [07H .0208(a)(2)(B)]
47) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether or not such commitments are
addressed by individual conditions of this permit. [G.S. I I3A-120(b); 07H .0208(a)(3)]
48) 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)]
49) 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)]
50) In order to ensure compliance with the conditions of this Permit, the permittee and their contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities. [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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The U.S. Army Corps of Engineers is reviewing the proposed project under an Individual Permit
under SAW No. 2019-02188. This permit does not constitute authorization from The U.S. Army
Corps of Engineers. Authorization must be received from The U.S. Army Corps of Engineers
prior to the commencement of any operations authorized under this permit.
Carteret County Permit No. 58-24
Page 8 of 8
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources (DWR) has conditionally approved the proposed project
under Individual Water Quality Certification No. 006421 (DWR Project No. 2023-0797), which
was issued on 6/4/24.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 515-5400 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 mean high-water level.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.