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HomeMy WebLinkAbout20070497 Ver 1_DCM Permit_20070330Permit Class ~' ~~ , `~-°~c~t Permit Number NEW (EMERGENCl~ ~ ~ 45-07 y ~ ~'; ~•~fi §.:' i ,- ,. r , ~ ~ ~,,;I STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermcit for r,~F~~~a~` :., ,e,, ~ ~„ `,'r;,~,.~wer, X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuart to NCGS 113-229 01-oy9~ Issued to N.C. Division of Parks and Recreation, 1615 Mail Service Center, Raleigh, NC 27699-1615 Authorizing development in Onslow County at Cow Channel & Ocean Beach along Bear Island, Hammocks Beach State Park , as requested in the permittee's application dated 3/21/07, including attached workplan drawings (13), all dated "Received 3/21/07" and AEC Hazard Notice dated 3/26/07 This permit, issued on March 26.2007 , 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. Cow Channel Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 15` and September 30`h of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. NOTE: Due to the emergency nature of this project, should dredging be necessary between April ls`, 2007 and September 30`h, 2007, consultation shall take place directly with Division of Marine Fisheries staff. Any dredging that takes place in subsequent years shall fully comply with the requirements of Condition No. 1 of this permit. 2) Excavation shall not exceed -7 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. Overdredging is expressly prohibited. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2010 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 DENR and the Chairman of the Coastal Resources Commission. V ~~~ harles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Division of Parks and Recreation Permit #45-07 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes maintenance excavation activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional maintenance excavation activities shall require a modification of this permit. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. . Beach Disposal Activities 4) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no part of the beach nourishment activities shall occur from April lst to November 15th of any year without prior approval from DCM, in consultation with the Wildlife Resource Commission. NOTE: Due to the emergency nature of this project, should beach disposal be necessary between April lst, 2007 and November 15th, 2007, consultation shall take place directly with Wildlife Resource Commission staff. Any beach disposal that takes place in subsequent years shall fully comply with the requirements of Condition No. 4 of this permit. NOTE: The permittee is advised that there maybe additional timing restrictions placed on the authorized project by the U.S. Army Corps of Engineers as part of the Federal permit process. Nothing in this State Permit overrides or supercedes any such Federal permit requirement. 5) Only beach compatible sand shall be disposed of on the beach. For the purposes of this project, beach sand shall be considered compatible if the average percentage by weight of fine-grained .(less than 0.0625 millimeters) sediment is less than 10 percent. 6) Should the dredging operations encounter sand deemed non-compatible with the native beach, the dredge operator shall immediately cease operation and contact the NCDCM for consultation with appropriate resource agencies. Dredge operations shall resume only after resolution of the issue of sand compatibility. 7) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 8) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 9) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management. All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. N.C. Division of Parks and Recreation Permit #45-07 Page 3 of 3 ADDITIONAL CONDITIONS Endangered Species Protection 11) Should any work take place within the sea turtle nesting period of May ls` to November 15`i', sea turtle crawl and nest' monitoring shall take place each morning. Any necessary nest relocations shall be coordinated with the Wildlife Resources Commission 'and carried out by qualified personnel prior to the construction of that project section. General 12) No Coastal Wetlands shall be excavated or filled. 13) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: -This permit does not eliminate the need to obtain any additional state, federal or local permits, .approvals or authorizations that maybe required. NOTE: ~ Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under a General Water Quality Certification (DWQ Project No. 070497), which was issued on 3/26/07. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID. No. SAW- ~~ 2007-1165-067. .s ~' '~ ~.~t, - ,., '. - ~rY.-0~;f-0~6?:-i.•.-v .+~. >..r]o4 '' :}:;}60-0-0-0ti-iYYid•E'vi-0^'.rY544442Mr'r~.`i5~{?~9i~C.Few.~irt46'FC..,.:•~?bki~ti-0•'h';•M=+r"r?.3~i~D~2K^i'. 1+Y.~Yi°`S~Gs .55•''x''. -'r4•: