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Home My WebLink About20190827 Ver 1_DCM Permit_20190621 Permit Class Permit Number MODIFICATION/MAJOR 224-87 • EMERGENCY STATE OF NORTH CAROLINA Department of Environmental Quality • and • • • • • Coastal Resources Commiz)trinttssion ) crmtt • • • for • • X Major Development in an Area of Environmental Concern • • pursuant to NCGS 113A-118 • X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. DOT Ferry Division, 159 Lucinda Lane, Powells Point, NC 27966 Authorizingdevelopment in Hyde County at the Hatteras Southdock Ferry Terminal at the north end of Ocracoke Island, as requested in the permittee's application dated 6/20/19, including the • attached workplan drawings (9), as described in Condition No. 2 below & attached AEC Hazard Notice dated 6/13/19. This permit, issued on June 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. • 1) Unless specifically altered herein, this Major Modification authorizes the installation of approximately 1,000 linear feet of sheet pile bulkhead, including supporting elements and sandbags, for emergency shoreline stabilization at the Hatteras Southdock Ferry Terminal, as depicted on the attached workplan drawings. • 2) All work authorized by this permit shall be carried out in accordance with the following attached workplan drawings (9), except as modified herein: (1) dated 6/20/19, (1) dated received 6/13/19 and (7) dated 5/22/19. • • • • • • (See attached sheets for Additional Conditions) • • This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission. date. Z3 - c' . -Z&5.2Z—CS2,:.---,4''''. : This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Braxton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. • 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. Signature of Permittee :.................................................................................................................................................................................................................................... N.C. Department of Transportation Permit #224-87 • Page 2 of 4 • • ADDITIONAL CONDITIONS 3) In keeping with 15A NCAC 07H .0308(a)(2)(L) of the rules of the Coastal Resources Commission, the sandbags used to construct the temporary erosion control structure shall be tan in color and 3 to 5 feet • • • wide and 7 to 15 feet long when measured flat with a base width that does not exceed 20 feet and a total height not exceeding 6 feet, as measured from the bottom of the lowest bag. • 4) No portion of the authorized temporary erosion control structure shall be located more than 20 feet waterward of the road right-of-way. 5) In keeping with 15A NCAC 07H .0308(a)(2)(A) of the rules of the Coastal Resources Commission, the • temporary erosion control structure shall be limited to sandbags placed landward of mean high water and parallel to the shore. 6) This Major Modification does not authorize any activity which has not received approval from the National Park Service (NPS) for work within the Cape Hatteras National Seashore. The NPS issued • Special Use Permit #USA19-5700-003 on April 19, 2019, however, due to changes in the project since • that time, the proposed work shall not commence until the permittee has been issued an updated Special Use Permit from the NPS, if one is required, and a copy is received by DCM. 7) No open water areas shall be filled, even temporarily, outside of the areas indicated on the attached • workplan drawings. 8) Placement of the authorized sheet pile bulkhead shall adhere to the alignment and dimensions as depicted on the attached workplan drawings. 9) The installation of the authorized sheet pile bulkhead shall be accomplished by driving and/or the use of a vibratory hammer. Should the permittee and/or its contractor propose to utilize another type of installation, such as jetting, additional authorization from DCM shall be required. 10) The authorized sheet pile bulkhead shall be in place prior to any backfilling activities. It shall be structurally tight so as to prevent seepage of fill materials through the structures. 11) In accordance with commitments made by the permittee, the source of backfill material shall be sand from the dredge spoil site located on the west side of the Southdock Ferry Basin. • 12) All fill material shall be clean and free of any pollutants, except in trace quantities. No unconfined backfill material shall be discharged into waters of the State. 13) Uncured concrete shall not be allowed to contact waters of the State or water that will enter waters of the • State. 14) The permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. • • 15) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. This condition also applies to the authorized demolition of the top 3 feet of existing sheet pile on the basin side of the project area. .......................................................................................................................................................................................................... N.C. Department of Transportation Permit #224-87 Page 3 of 4 ADDITIONAL CONDITIONS • 16) If the permittee and/or its contractor determines that new mooring points will be necessary for the tugbarges that maybe used for construction access, then the permittee shall submit final plans proposed for the mooringpoints, includingspecific location(s) and design(s) prior to their installation. p 17) New dredging in any manner, including "kicking" with boat propellers is not authorized, without permit • modification. 18) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 19) Anyexistingtemporary erosion control structures within the project area that are no longer necessary shall p Y be removed in their entirety, including the removal of remnants of all portions of any damaged temporary • erosion control structures. • 20) Any waste materials or debris associated with construction, demolition, or other activities shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. 21) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department • of Transportation (NCDOT) and/or its right-of-ways and/or easements and/or similar legal instruments. • 22) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Transport ation's of Department (NCDOT's) Memorandum of Agreement with the N.C. Division of p Energy, Mineral and Land Resources. • 23) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on • the attached work plan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee • shall contact a representative of DCM prior to commencement of any such activity for this determination p and any permit modification. 24) The permittee shall install and maintain at its expense any signal lights or signals prescribed by the U.S. • Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or • inclement weather. • 25) This Major Modification does not eliminate the need to obtain any additional permits, approvals or • authorizations that may be required. This includes authorization, if required, from the N.C. Division of Water Resources, the U.S. Army Corps of Engineers, and/or the National Park Service. • 26) This Major Modification shall be attached to the original of Permit No. 224-87, which was issued on . 11/20/87, as well as all subsequent modifications, renewals and letters of refinement, and copies of all q documents shall be readily available on site when a Division representative inspects the project for compliance. • N.C. Department of Transportation Permit #224-87 Page 4 of 4 • ADDITIONAL CONDITIONS 27) All conditions and stipulations of the active permit remain in force under this Major Modification unless • altered herein. NOTE: In accordance with G.S. 113A-118(0, the permit fee for this emergency action was waived.