HomeMy WebLinkAbout20180760 Ver 3_DCM Permit_20210528Permit Class Permit Number
NEW 73-21
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to New Hanover Co. Airport Authority, 1740 Airport Blvd., Suite 112, Wilmington, NC 28405
Authorizing development in New Hanover County at an un-named tributary of Smith Creek, at
1740 Airport Blvd, in Wilmington , as requested in the permittee’s application dated 3/4/21,
including attached workplan drawings (6), Fig 1 dtd 9/23/20, Figs 2-4 dtd 9/24/20 and Figs 5-6 dtd 2/5/20.
This permit, issued on May 28, 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
Jurisdictional Ditch Stabilization
1) No excavation shall take place outside of the area indicated on the workplan drawings.
2) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
3) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or
surrounding waters.
(See attached sheets for Additional Conditions)
New Hanover Co. Airport Authority Permit No. 73-21
Page 2 of 4
ADDITIONAL CONDITIONS
4) 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.
5) 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.
6) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State.
7) All stabilization efforts shall be graded to allow for passage of water and aquatic life when they are
placed within the Public Trust Area of Environmental Concern (AEC) as designated by the Coastal Area
Management Act (CAMA).
8) The stabilization materials shall be clean and free of any pollutants except in trace quantities.
9) The limits of disturbance associated with the construction of the authorized jurisdictional ditch
stabilization shall be limited to the area necessary to adequately grade the slopes and install the
stabilization materials, all as depicted on the attached workplans. Excessive grading or land disturbance
may require Erosion and Sedimentation Control Plan authorization. Unless specifically altered herein,
any grading or land disturbance activity located outside this area may require a modification of this
permit.
Spoil Disposal
10) No spoil material shall be placed within 30 feet of the normal high-water line unless used to set adequate
slopes within the Public Trust Area of Environmental Concern (AEC) as designated by the Coastal Area
Management Act (CAMA).
11) 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.
12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Upland Development
13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the temporary and
permanent fencing, and the headwall and culvert located outside the Public Trust Area of Environmental
Concern (AEC) as designated by the Coastal Area Management Act (CAMA), all as expressly and
specifically set forth in the attached permit application and workplan drawings.
New Hanover Co. Airport Authority Permit No. 73-21
Page 3 of 4
ADDITIONAL CONDITIONS
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 Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal
Drive Extension, Wilmington, NC 28405.
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
16) 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
17) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether or not such commitments are
addressed by individual conditions of this permit.
18) 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.
19) 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.
20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 Nationwide Permit 18
(Action ID SAW-2021-00580).
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. 2018-0760 v3.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 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 high-water level.
New Hanover Co. Airport Authority Permit No. 73-21
Page 4 of 4
ADDITIONAL CONDITIONS
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.