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HomeMy WebLinkAbout20181585 Ver 3_CAMA Application_20221201NC Division of Coastat Management CA / A Major Permit Renewal Request District: ��� f Major Permit Staff - Applicant I I I F Applicant \fatale: �� Request Date: W Last First Received in office: Project Address: 3treet:3ddress i City CikNIA Permit 1 , No.: Permit Expiration Date: Payment S .agent's Name: T� tiG District Manager'Field Rep approve? (Initial Appropriate Box) Other Information DWR Project •�� ��j c� Has substantial S ';p It Yes, development occurred? ❑ Explain: vo Recommend to Renew? ❑ If Not _approved, provide Justification: USACE Notion III No.:.�?'�" r�tx,rw. - Noah C'ardbaDepartment 4f EnAronmenta! QW tty , D7kWon ad Coastal Managescent- WashtgtonOfflee ' %3=WashtNtonSquareMa(I l Washhgwn,North Caradna27889 M2.9466481 Wftfrqm a"M f t27 Oraw Drtve bftmton Mortis earl 28405 ( 4107% 2s Vnre*adatiOMW f ►tit#rz AxcAele ! LtuFehead E Irr }alert CaraGna z855t f % P�tx� gnrc NORTH CAROLINA PORT5� November 15, 2022 Tara MacPherson Wilmington Region District Manager Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405 Subject: North Carolina State Ports Authority Port of Wilmington Major Permit Renewal Request Permit Number 47-87 Dear Ms. MacPherson: The North Carolina State Ports Authority, Port of Wilmington requests the renewal of the Division of Coastal Management Major Permit Number 47- 87. This permit currently has an expiration date of December 31, 2022. The NCSPA is requesting renewal in order to accommodate the ongoing maintenance dredging that routinely occurs at the Port of Wilmington berthing areas. There are no modifications or additions associated with this permit renewal request. Please find enclosed the required $100.00 administrative processing fee. Please contact me at 910-746-6460 or todd.walton@ncports.com if any additional information is needed. The NCSPA would like to thank you for your assistance in this matter. Sincerely, Todd C. Walton Sr. Environmental Analyst North Carolina State Ports Authority FCFIVF NOV 1 s 7o2? ICM WILMINGTON, NC Permit Class MODIFICATIONIMINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i3ermit 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 Permit Number 47-87 Issued to NC State Ports Authori PO Box 9002 Wilmington, NC 28402 Authorizing development in New Hanover County A. to the Ca e Fear River at the State Ports Terminal 1 Shi and Blvd in Wilmin ton, as requested in the permittee's letter dated 11119f19. This permit, issued on January 24, 2020, 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. Authorization to Dred a within In -Water Work Moratorium 1) Unless specifically altered herein, this Minor Modification authorizes the one-time relief to dredge within the in -water work moratorium until March 31, 2020, all as expressly and specifically set forth in the attached letter. Any additional development activities or additional in -water work moratorium relief requests will require a modification of this permit. NOTE: The permittee is encouraged to complete dredging efforts as quickly as possible to avoid impacts to upstream migrating species. (See attached sheet for additional conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. far Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class MODIFICATION/MAJOR Permit Number 47-87 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,V e r mt"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 NC State Ports Authority, PO Bog 9002, Wilmington, NC 28402 Authorizing development in New Hanover County at the Cape Fear River at State Ports Terminal, 1 Shimard Blyd.►_�Lilmi on , as requested in the permittee's application dated 5/25/17, including the attached narrative dated May 2017 and Received DCM Wilmington 5/16/17. This permit, issued on June 21, 2018 , 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. Water Infection Dred2in 1) Unless specifically altered herein, this Major Modification authorizes the change in methodology to allow for water injection dredging to the previously authorized excavation depth to -42 feet below the normal low water level (with a -2 overdredge allowance). This Major Modification does not authorize an increase in the previously authorized dredge footprint. In no case shall the depth of water injection dredging exceed the depth of connecting waters. 2) In order to protect juvenile shrimp and finfish populations, no water injection dredging shall be permitted between February I" and July 315t of any year without prior approval of the Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with the appropriate resource agencies. 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, 2020 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 Chairman of the Coastal Resources Commission, J 7A*g: /�V2 Braxton Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC State Ports .Authority Permit No. 47-87 Page 2 of 6 ADDITIONAL CONDITIONS 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 1) 1 Water injection dredging shall only be conducted during outgoing/falling tides. NOTE: The permittee is further encouraged to time water injection dredging during periods of spring high tides to maximize velocity of water movement during operations. 5) The authorized project is located within a Primary Nursery Area (PNA). Therefore, in accordance with T15:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted, with this exception of that excavation which is specifically authorized by this Major Modification. New dredging in any manner outside of the approved alignment, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted development. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910)815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Maintenance Clause 6) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: a. The number of the original permit. b. A statement that no dimensional changes are proposed. C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. d. The date of plan revision and the permittee's signature shown anew on the original plan. US Army Corps of Engineers Conditions- General 7) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 8) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. NC State Forts Authority ADDITIONAL CONDITIONS US Army Corns of Engineers Conditions -Navigation Permit No. 47-87 Page 3 of 6 9) The authorized activity must 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. 10) The permittee shall assign a permanent maintenance dredging point of contact (POC) for the authorized berth facility (i.e., Berth POC) and shall submit the name, phone number, mailing address, and email address of the Berth POC to USACE within 30 days of the date of permit issuance. The permittee shall notify USACE of any change in the Berth POC. USACE Navigation and Regulatory POCs are listed below. The preferred method of information exchange, dredging request, report submissions, etc., is electronic. U.S. Army Corps of Engineers Operations Division, Navigation Branch Attention: Chief of Navigation 69 Darlington Avenue Wilmington, North Carolina 28403 (910) 251-4822 Roger. D.Bullockraa�usace.army.mil U.S. Army Corps of Engineers Regulatory Division, Attention: Liz Hair 69 Darlington Avenue Wilmington, North Carolina 28403 (910) 251-4170 sarah.e.hair-usace.army.mil 11) The permittee is only authorized to use agitation dredging in the identified berth/slip for the removal of accumulated sediments to maintain the facility at its authorized depth by dragging an I-beam or other similar device for the purpose of re -suspending accumulated sediment. 12) At least 7 days in advance of a planned maintenance dredging event, the permittee shall provide the Navigation POC with copies of the before dredging surveys/maps of the berth/slip and adjacent Federal channel(s) in order to obtain Corps approval. The permittee will be informed whether the proposed dredging can be conducted as scheduled and that proposed dredging events may be subject to postponement or modification. The permittee shall be responsible for resolving scheduling conflicts. NC State Ports Authority ADDITIONAL CONDITIONS Permit No. 47-87 Page 4 of 6 13) The following harbor conditions will be considered by the Navigation POC when scheduling a dredging event, and may result in event postponement and/or modification: a. An approved or ongoing dredging event is within 3000' upstream or downstream of a berth where an agitation dredging event is proposed. b. Agitation dredging in any berth that is located within 2000' upstream or downstream of a shoal in the Federal channel. c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or downstream of a berth where an agitation dredging event is proposed. 1.4) The permittee shall perform required hydrographic surveys in accordance with criteria and procedures contained in the "US Army Corps of Engineers Hydrographic Surveying Manual," EM 1110-2-1003. Required hydrographic surveys shall be provided to Navigation POC as plan views and shall include the shoreline and berthing facilities, stationed to match the USAGE conducted surveys. 15) The permittee shall conduct a hydrographic survey of the berth/slip no more than 15 days before and no more than 7 days after each maintenance dredging event. An event includes all maintenance dredging work performed during one or more ebb tides, in the accomplishment of one maintenance dredging cycle. In instances where a post dredging survey is not performed within 7 days of completing the dredging event, the permittee shall calculate the volume of material dredged by using the pre -event survey and the authorized berth depth (i.e., USACE will assume that the berth was dredged to it authorized depth). At least 24 hours prior to conducting the before and after dredging hydrographic surveys, the permittee will notify the Navigation POC of the scheduled survey, in the event USACE would also like to run a comparable survey at the same time. 16) The permittee shall also conduct a hydrographic survey of the Federal channel before and after every agitation event of a slip. Channel surveys shall be performed no more than 15 days before and within 7 days of completing the dredging event. Surveys are required of the Federal channel for a distance of approximately 2000' downstream and 1000' upstream of the point where dredging occurred. The permittee is required to survey the entire width of the Federal channel. 17) Reporting. Within 20 days of the completion of an approved dredging event, the permittee shall submit the following minimum information to the USACE Regulatory and Navigation POC: a. Berth location and authorized depth b. Dredging begin and end date(s) and time(s) c. Calculated volume of material removed from berthing facility/slip(s) d. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the berth/slip(s) in DWG, DGN or PDF format. e. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the adjacent Federal channel(s) in DWG, DGN, or PDF format. NC State Ports Authority ADDITIONAL CONDITIONS Permit No. 47-87 Page 5 of G 18) To obtain approval from the Navigation POC to conduct a maintenance dredging event, the permittee must be in compliance with all permit conditions including the reporting requirements listed in Special Condition 17. Failure by the permittee to maintain accurate maintenance dredging documentation, and to submit accurate and timely dredging information will result in disapproval by the Navigation POC of a request to conduct a maintenance dredging event. If the permittee is found to be non -compliant with reporting requirements, the Navigation POC will not grant approval for a requested maintenance dredging until after the permittee has posted delinquent reporting requirements and is found to be compliant with all permit conditions. 19) As determined by the District Engineer, any accumulated sediment in the federal channel caused by the agitation dredging activities shall be removed by the permittee if the accumulated sediments are determined to interfere with navigation. US Army_Corps of F_neineers Conditions- EFH Conditions 20) Agitation dredging shall not be allowed within a berth when agitation dredging is concurrently ongoing within another berth that is less than. 5,000 feet away. 21) All requests for agitation dredging outside the period October 1 to January 31 shall be coordinated with NMFS and shall include an explanation as to why the dredging could not be conducted'within the sturgeon and anadrom-ous fish work windows (October 1 to January 31), and shall provide additional measures that will be taken to ensure impacts to fishery resources are minimal. 2'') All proposed activities will only occur on falling tides to maximize rapid flushing of the fluidized sediment. US Army Corps of Engineers Conditions -ESA Conditions 23) In order to further protect the endangered Vilest Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://�,v-"Nv.fws.gov/nc-es,lma=al/manatee.html General 24) This Major Modification shall be attached to the original of Permit No. 47-87, which was issued on 2/17/87, as well as all subsequent modifications, renewals and refinements, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 25) No vegetated wetlands shall be excavated or filled, even temporarily. 26) 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. 27) The permittee and/or his contractor shall meet on site with a representative of the Division prior to project initiation. NC State Ports Authority Permit No. 47-87 Page 6 of 6 ADDITIONAL CONDITIONS 28) 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: A major modification application processing fee of $475 was received by DCM for this project. 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. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-1986- 00493. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2016-0517v2. � u a m 00 E 00 F, O o, r-:, 00 E E o w c.� u° 4 -0 3 c o Up Z c 21 E 4w U C: o0 � O E o C'03 L u �G q� m z CO c Qj :5. ' u m L a ~� o 0 a E a a E a co cn a E o Li41 � d U � a L o a V u z N V1 N i 4 4 N a 4 �- � `Q N a ^" i Q N a -, a