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HomeMy WebLinkAbout20221632 Ver 1_DCM Permit_20230309Permit Class NEW Permit Number 32--23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission etmit 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 Town of Beaufort, PO Box 390, Beaufort, NC 28516 Authorizing development in Carteret County at adj. to the USACE Federal Channel and basin adjacent to Town Creek and Taylor Creek , as requested in the permittee's application dated 7/21/22, including attached workplan drawings (21), as referenced in condition No. 1. This permit, issued on March 9, 2023 , 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, all development shall be carried out in accordance with the attached workplan drawings (21), 3G01, 3 C 1-3 C 11 dated 8/24/22, all dated revised 9/ 13/ 17, and AEC Hazard Notice dated Received DCM Wilmington 5/26/17. Stormwater Management 2) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. (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, 2023 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Beaufort Permit No. 32-23 Page 2 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 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. In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 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. Upland Development Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced properties, including the installation and improvements of stormwater pipes, existing outfall pipes, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. This permit authorizes only the proposed upland development, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review from the Division of Coastal Management prior to work commencing. No development or land disturbing activity that is considered non -water dependent shall occur within 30 feet of the normal high water level unless altered herein. Department of Natural and Cultural Resources Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological monitoring plan for the proposed project area. Written approval shall be obtained from NCDCR and a copy has been submitted to the Division of Coastal Management. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) 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 12) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. Town of Beaufort Permit No. 32-23 Page 3 of 3 ADDITIONAL CONDITIONS General 13) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 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 3 (Action ID SAW-2022-00891). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4239 and assigned the project DWR Project No. 2022-1632. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252)-515-5400 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 mean high water level. 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.