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HomeMy WebLinkAbout20081764 Ver 4_DCM Permit_20191121Permit Class MODIFICATION/MINOR Permit Number 79-10 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r 1permit 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 Town of North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow County at the Ocean Beach within Town Limits, North Topsail Beach as requested in the permittee's application dated 11/6/19, including attached workplan drawings (7), 1-7 of 7, dated 11/18/19 This permit, issued on November 21, 2019 , 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 1) In order to protect threatened and endangered species and to minimize the adverse impacts to beach resources, no dune rehabilitation activities authorized under this Minor Modification, including mobilization, demobilization, remediation measures, or the use of any mechanized equipment shall occur on or waterward of the frontal dune (on the beach) from May 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the appropriate resource agencies. NOTE: This minor modification authorizes a one-time extension of the moratorium until April 30, 2020. All future events shall adhere to the moratorium dates as shown on the active permit. (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, 2021 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 North Topsail Beach Permit #79-10 Page 2 of 3 ADDITIONAL CONDITIONS 2) Only beach quality sand shall be used for dune rehabilitation purposes. Prior approval from the Division of Coastal Management shall be required for any material that is to be brought in from additional borrow areas. 3) In accordance with commitments made by the permittee, all sand to be used for the project shall be screened on -site at the borrow area to remove non -compatible material prior to transporting to the placement area. 4) Should excavation operations encounter sand that is non -compatible with the conditions described herein, the contractor shall immediately cease operation of sand placement and contact the Division of Coastal Management. Operations shall resume after resolution of the issue of sand compatibility. NOTE: Required resolution measures may include immediate removal of material and/or long-term remediation activities. 5) This Minor Modification authorizes activities to be carried out one (1) time along the entire reach of the requested project area. Any request to eai—Ly ORA,, additional activities within h e -r- e d- u n e - -- rehabilitation -activities havebeen completed under this permit shall require a modification of this permit. 6) All dune rehabilitation work shall take place entirely within the areas indicated on the attached workplan drawings. Any request to carry out additional activities outside of the areas indicated shall require a modification of this permit. 7) Prior to the initiation of dune rehabilitation activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). 8) Land -based equipment necessary for dune rehabilitation work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access site would require a modification of this permit. 9) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 10) Once a section is complete, all heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 11) Immediately after construction and to the maximum extent practicable prior to May 1, surveys for significant escarpments will be conducted within the limits of construction areas. Identified escarpments that may interfere with sea turtle nesting will be leveled to slope more gradually to the natural beach profile. If it is determined that escarpment leveling is required during the nesting season, leveling activities would be coordinated with the USFWS and NCWRC. Town of North Topsail Beach Permit #79-10 Page 3 of 3 ADDITIONAL CONDITIONS 12) The permittee shall make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the ability of individuals to access and utilize the beach is not impeded outside of the construction limits. 13) This Minor Modification does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. NOTE: This Minor Modification does not authorize the installation of any sand fencing. Any proposal to install sand fencing shall be coordinated with DCM and may require further modification of the permit. 14) No deep ruts shall be left within the construction limits of the project when work is completed. 15) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 7/21/10, as well as all subsequent modifications, refinements and renewals, and copies of al. shall be readily available on site when Division personnel inspect the project for compliance. NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed 1 acre in area, an Erosion and Sedimentation Control Plan may 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 Environmental Quality, Division of Energy, Mineral and Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405. 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 N.C. Division of Water Resources has assigned the proposed project DWR Project No. 08- 1764v4. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2017-02492. NOTE: An application processing fee of $100 was received by DCM for this project. Strickland, Bev From: Coats, Heather Sent: Monday, November 25, 2019 10:27 AM To: Jamie Pratt Cc: Bryan Chadwick; Mickey Sugg; Mairs, Robb L; Cannon, Amanda J Subject: RE: [External] NTB dunes Attachments: Town of North Topsail Beach 79-10M.PDF Hi Jamie and Bryan, Here's a scanned version of the DCM minor modification to Permit #79-10 authorizing the dune reconstruction via truck haul. Please also confirm with Mickey and Robb whether you need any additional formal approvals from the ACE and DWR (I've copied them on this email). Please remember that work should conform to what was shown on the plans and if you have any additional changes, they should be coordinated with us. And finally, please also remember that should you encounter any non -compatible material that is placed on the beach/in the dune, we should also be notified immediately so we can determine whether any action is needed. A hard copy of this mod will be sent to the Town. Just let me know if you have any questions or if I can help with anything else. Best regards, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(a-)ncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jamie Pratt [mailto:jcpratt@ticoastal.com] Sent: Friday, November 22, 2019 12:38 PM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: [External] NTB dunes External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attac�v report.spam@nc.gov Good afternoon Heather- Just wanted to touch base with you about the permit for north topsail. St Wooten just called me and said they are ready to go right after thanksgiving, as long as we had the permits straightened out. Let me know if there is anything I can do to help you out with the minor mod approval. Thank you! Jamie