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Home My WebLink About20191225 Ver 1_CAMA Major Permit No. 107-15_20191202Permit Class MODIFICATION/MAJOR Permit Number 107-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r Jpermtt for X Mai or Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to National Audubon Society, 300 Audubon Dr., Corolla, NC 27927 Authorizing development in Currituck County at adj. to Currituck Sound, at 305 Audubon Dr., in Corolla , as requested in the permittee's application dated 8/14/19 (MP1,2,4) and 7/24/19 (MP-3,5), including attached workplan drawings (2), Sheets 2,3 of 3 dated 8/30/19. This permit, issued on December 2, 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 .�f thacr� tPrmc may hP cnhip.& to fine,._ imnri,.nnment or civil action; or may cause the permit to be null and void. Offshore Breakwater Sill 1) The offshore breakwater sill shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) The alignment of the authorized offshore breakwater sill 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. 3) The offshore breakwater sill shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. (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, 2022 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 liby ana ine unair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee National Audubon Society Permit No. 107-15 Page 2 of 4 ADDITIONAL CONDITIONS 4) No vegetated wetlands shall be excavated or filled, even temporarily. 5) No open water shall be excavated or filled, even temporarily, outside of the approved offshore breakwater sill alignment. 6) 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 of the authorized offshore breakwater sills. The offshore breakwater sills shall be located in areas with no SAV coverage at the time of construction, to the greatest extent practicable. 7) The height of the permitted offshore breakwater sills shall not exceed one foot above the normal water level. 8) The offshore breakwater sills shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The offshore breakwater sills shall have at least one, five foot opening at every 100 feet. The offshore breakwater sill sections may be staggered and overlap as long as the five foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 9) Offshore breakwater sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above the normal water level. 10) The permittee shall maintain the offshore breakwater sills in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from the Division of Coastal Management. 11) In accordance with commitments made by the permittee, the Estuarine Waters located between the offshore breakwater sill sections and the existing Coastal Wetlands 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 breakwater structures may be required. 12) No backfill of the offshore breakwater sills is authorized by this permit. Shoreline Stabilization - Bulkhead 13) The bulkhead shall be, constructed in accordance with the alignment depicted on the attached workplan drawings. 14) No open water shall be excavated or filled; even temporarily, outside of the approved bulkhead alignment. National Audubon Society Permit No. 107-15 Page 3 of 4 ADDITIONAL CONDITIONS 15) No vegetated wetlands shall be excavated or filled, even temporarily. 16) 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. 17) 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. 18) The bulkhead shall be constructed prior to any backfilling activities. 19) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 23) A turbidity curtain shall be left between the area to be excavated and the existing waterbody and a 24- hour period after completion of excavation shall elapse prior to turbidity screen removal to prevent, unnecessary siltation into the adjacent water body. Culvert and Causeway 24) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including culvert installation and causeway repair, all as expressly and specifically set forth in the attached permit application and workplan drawings. 25) The culverts shall be placed into the ground at minimum of 1 foot below substrate to allow for the unrestricted passage of water and wildlife. Sedimentation and Erosion Control 26) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. For the authorized bulkhead, at a minimum, a silt fence shall be properly installed immediately landward. of the bulkhead cap immediately following completion of backfilling activities. National Audubon Society Permit No.107-15 Page 4 of 4 ADDITIONAL CONDITIONS USACE Conditions 27) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the, U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.Rov/nc-es/inammal/inanatee guidelines.pdf. General 28) 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. 29) 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. 30) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 31) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 32) This Major Modification shall be attached to the original Permit No. 107-15, which was issued to the permittee on 9/30/15, as well as all subsequent renewals and modifications, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 33) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 Programmatic General Permit 198000291 (Action ID SAW-2019-01758). NOTE: The N.C. Division.of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-1225. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 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.