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HomeMy WebLinkAbout20201153 Ver 1_DCM Permit_20210222Permit Class Permit Number MODIFICATION/MAJOR 75-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Town of Morehead City, 706 Arendell St., Morehead City, NC 28557 Authorizing development in Carteret County within Pelletier Creek and Bogue Sound, in Morehead City , as requested in the permittee’s application dated 6/24/20, including attached workplan drawings (3), Exhibit A dated 4/8/20 and Sheets 1-2 of 2 both dated 5/20/20. This permit, issued on February 22, 2021 , 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. 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, 2024 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 Excavation 1) The Major Modification expands the dredge template as depicted in workplan labeled Sheet 2 of 2 dated 5/20/20. 2) Excavation shall not exceed -6 feet below the mean lower low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. (See attached sheets for additional conditions) Town of Morehead City Permit No. 75-16 Page 2 of 3 ADDITIONAL CONDITIONS Spoil Disposal 4) No spoil material shall be placed within 30 feet of the mean high water line. 5) All excavated materials shall be confined above normal 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. The barriers shall be maintained and functional until the site is graded and stabilized. 6) The spoil disposal area and offload site shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 7) The permittee and/or their contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 8) In order to protect waters adjacent to the designated dredge spoil disposal site and offload site, the permittee shall provide the Division of Marine Fisheries – Shellfish Sanitation and Recreational Water Quality Section the dredge plan and the location of the spoil disposal site prior to any dredging activity, so a shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented at both the offload and spoil disposal sites, to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Town of Morehead City Permit No. 75-16 Page 3 of 3 ADDITIONAL CONDITIONS 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 15) This Major Modification shall be attached to Permit No. 75-16, which was transferred to the permittee on 3/4/20, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 16) 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 assigned the proposed project COE Action Id. No. SAW- 2016-01780. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-1153. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources