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HomeMy WebLinkAbout20011836 Ver 3_DCM Permit_20210513Permit Class MODIFCATION/MAJOR Permit Number 14-02 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t 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 the Town of Holden Beach, PO Box 449, Holden Beach, NC 28462 Authorizing development in Brunswick County at the Atlantic Ocean, & the oceanfront shoreline of Holden Beach , as requested in the permittee's application: MP-1 & MP- 2 dated 11/24/20, MP-3 dated 9/1 1/20, and including attached workplan drawings (28), as referenced in Condition No. 1 below. This permit, issued on May 10, 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 uc suoJeci w mies, imprisonment or ctvu action; or may cause me permit to De nuts ana vota. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (28), Sheets 1-28 dated 11/18/20. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, remediation or dune planting measures, or the use of any heavy equipment shall occur on or waterward of the frontal dune from April 1 to November 15 of any year without prior approval from the Division of Coastal Management, in consultation with the appropriate resource agencies. (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. 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. , X_ � I Z�/"� �' Braxton C. Davis, Director �71Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Holden Beach Permit No. 14-02 Page 2 of 4 ADDITIONAL CONDITIONS Excavation 3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 4) In Borrow Area 1, in no case shall excavation exceed -43' NAVD 88 or exceed the dredge depths shown for the areas indicated on Sheets 24-25. 5) In Borrow Area 2, in no case shall excavation exceed -41.5' NAVD 88 or exceed the dredge depths shown for the areas indicated on Sheets 27-28. Beach Nourishment 6) This Major Modification authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. 7) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). NOTE: This Major Modification does not authorize the installation of sand fencing. Sand fencing shall conform to the requirements of 15A NCAC 07K. 0212, or additional authorization from DCM, in coordination with the appropriate resource agencies, shall be required. 8) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high- water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any fixture lands that are raised above the mean high-water level as a result of this project. 9) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). 10) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring commitments made in, or submitted with, the permit application. 11) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management. Dredge operations shall resume after resolution of the issue of sand compatibility. 12) Additional native beach sampling shall be required to establish the number of large sediments and shell present and results submitted to DCM prior to the initiation of construction to demonstrate compliance with 15A NCAC 07H .0312. Town of Holden Beach ADDITIONAL CONDITIONS Permit No. 14-02 Page 3 of 4 13) Immediately upon completion of any phase of the beach nourishment project, and within 30 days prior to May 1, monitoring shall be conducted to determine if there are any escarpments present that would adversely affect sea turtle nesting and/or public access. If such escarpments are present, the permittee shall coordinate with the Division of Coastal Management for necessary remediation. 14) Prior to the initiation construction, the permittee shall coordinate with the Division of Coastal Management to determine if an additional static vegetation line shall be required. Any new static vegetation line shall be used as the reference point for measuring fixture oceanfront setbacks. The static vegetation line, which is defined as the vegetation line that existed within one year prior to the onset of initial project construction, shall be established using on -ground observation and survey or aerial imagery. The static vegetation line shall then be marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities. 15) 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. 16) 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. 17) Land -based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access site would require a modification of this permit. 18) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dike shall be pushed up along the backbeach to prevent slurry from draining towards the development. 19) The seaward nourishment limit shall be constructed in accordance with approved work plans NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed 1 acre in area, an Erosion and Sedimentation Control Plan may 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 Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Cultural Resource Protection 20) The permittee shall exercise all precautions to avoid damage to any potential historic structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work and notify the N.C. Division of Coastal Management at (910) 796-7215. Town of Holden Beach ADDITIONAL CONDITIONS General Permit No. 14-02 Page 4 of 4 21) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval. 22) In order to ensure compliance of the authorized project with the conditions of this permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities authorized by this permit. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 23) Pipeline placement shall be coordinated with the Division of Coastal Management, the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, and the N.C. Wildlife Resources Commission. 24) 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. 25) The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 26) This Major Modification shall be attached to the original of Permit No. 14-02, which was issued to the permittee as amended on 2/27/02, as well as all subsequent renewals and modifications, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 27) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 28) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2), or in accordance with any variances granted by the N.C. Coastal Resources Commission. 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 N.C. Division of Water Resources has assigned the proposed project No. 2001 1836. 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.