HomeMy WebLinkAbout20020158 Ver 3_Tab F - Previous Permits_CAMA_45-02_Feeder_Channel_20201002Permit -Class
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� � � � ,� \\�Yd ^ � STATE OF NORTH CAROLINA
aartment of Environment and Natural Resources
and
APR 17 2002 Coastal Resources Commission
DIVISION OF Permit
COASTAL MANAGEMENT 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
Permit Number
45-02
Issued to Town of Sunset Beach, 220 Shoreline Drive, Sunset Beach, NC 28459
Authorizing development in 'Brunswick County at man-made canal system adj. to Jinks Creek
, as requested in the permittee's application dated 1/7/02 (MP-1) and
1/10/02 (MP-2), including attached workplan drawings 3 through 32 of 32, all dated revised 12/31/01
This permit, issued on April 10, 2002 , 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.
Excavation
1) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation will not exceed —5.2 feet below the mean low water level. In no case shall the depth of
excavation exceed that of the connecting waters.
3) No dredging may take place within 10 feet of any area of coastal wetland.
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized
(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, 2005
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.
Donn . Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Sunset Beach Permit #45-02
Page 2 of 3
ADDITIONAL CONDITIONS
5) No vegetated wetlands or marsh grass will be excavated or filled.
6) No excavation will take place outside of the alignment of the area indicated on the workplan drawing(s).
7) The permittee shall adhere to the attached list of US Coast Guard regulations.
Spoil Disposal
8) The authorized spoil disposal area must be inspected and approved on -site by a representative of the
Division of Coastal Management prior to the initiation of any dredging activities.
9) The permittee shall notify the Division of Environmental Health, Shellfish Sanitation Section at (252)
726-6827 at least 7 days prior to the commencement of any dredging activities so that the area
surrounding the disposal area can be temporarily closed to the harvesting of shellfish.
10) All excavated materials will be confined above mean 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.
11) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low/normal water level to prevent gully erosion and unnecessary siltation.
12) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
13) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
14) The diked disposal area will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
Sedimentation and Erosion Control
NOTE: 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 Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
15) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
Town of Sunset Beach Permit 445-02
Page 3 of 3
ADDITIONAL CONDITIONS
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
17) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration,
18) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
20) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
21) The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
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 permittee is encouraged to contact the Brunswick County mosquito control office at (910)
253-2515 to schedule a pre -construction conference to discuss mosquito control measures.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200209391.
COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list
is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in
order to be provided amplifying information or answers to any questions that may exist. We also strongly
encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the
USCG's Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG
staff at (910) 815-4895, extension 108, to coordinate a meeting or dockside exam.
1. Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock-(33 CFR 88.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.31)
6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815)
UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of T