HomeMy WebLinkAbout20230806 Ver 1_DCM Permit_20231108Permit Class Permit Number
NEW 130-23
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 NC State Parks – Hammocks Beach, 1572 Hammocks Beach State Rd., Swansboro, NC 28584
Authorizing development in Onslow County at adj. to Queens Creek, at 1572 Hammocks
Beach State Rd, in Swansboro , as requested in the permittee’s application submitted electronically
on 5/12/23 (PA-1055), including attached workplan drawings (5), Maps 1-5 of 5 all dated “Rev 9/8/23”.
This permit, issued on November 3, 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 civil or criminal penalties; 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
November 3, 2028
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
Living Shoreline / Marsh Revetment
1) The alignment of the Living Shoreline/Marsh Revetment shall not exceed the alignment as depicted in
the attached permit application and workplan drawings. {07J .0202(c) and G.S. 113-229(e)}
2) In accordance with commitments made by the permittee, construction shall be accomplished using
Quick Reef units as depicted in the attached permit application. All materials shall be free from
loose dirt or pollutants except in trace quantities. {07H .0208(a)(2)(A) and 07H .0208(a)(2)(B)}
3) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State. All concrete materials shall be poured on an upland site and hardened before units enter the
waters of the State/United States. {07H .0208(a)(2)(B}
(See attached sheets for Additional Conditions)
NC State Parks – Hammocks Beach Permit No. 130-23
Page 2 of 4
ADDITIONAL CONDITIONS
4) The Living Shoreline/Marsh Revetment shall have openings as depicted in the attached workplan
drawings and permit application. {07J .0202(c) and 07H .0208(a)(2)}
5) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, gaps have been designed into the sections of Living Shoreline/Marsh Revetment. If these gaps
experience erosion of the surrounding Coastal Wetlands, the applicant shall coordinate with the Division
of Coastal Management to close or reduce those gaps of the Living Shoreline/Marsh Revetment. {07H
.0208(a)(2)}
6) No backfill of the Living Shoreline/Marsh Revetment or any other filling of wetlands, estuarine waters,
public trust areas or high ground is authorized by this permit as indicated on the workplan drawing(s).
{07J .0207(d)}
7) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction of the authorized offshore sills. The Living Shoreline/Marsh
Revetment shall be located in areas with no SAV coverage at the time of construction, to the greatest
extent practicable. {07H .0208(a)(2)(A)}
8) The alignment of the authorized Living Shoreline/Marsh Revetment shall be staked by the permittee and
verified by a representative of the Division of Coastal Management within a maximum of 30 days prior
to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by
adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by
DCM within a maximum of 30 days prior to the new expected start of construction. {G.S. 113-229(c1)}
9) 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. {07H .0205}
10) No material shall be staged, even temporarily, within 30 feet of normal high water. {07H .0209(d)(10)}
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. {07H .0208(a)(2)(B)}
12) 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. {07H
.0209(d)(4) and 07H .0207(d)}
NC State Parks – Hammocks Beach Permit No. 130-23
Page 3 of 4
ADDITIONAL CONDITIONS
USACE Conditions {G.S. 113A-107 and G.S. 113-229(e)}
13) In order to protect juvenile shrimp and finfish in water work is not permitted between the dates of April
1 and July 31 of any year without the prior approval of the Corps.
14) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
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://www.fws.gov/media/2017-manatee-
guidelines-north-carolina.
15) Out of an abundance of caution, the applicant’s contractor will implement the 2021 NMFS Southeast
Regional Office Protected Species Construction Conditions.
16) The permittee will monitor the marsh vegetation for post-construction erosion to determine the need for
enhancing, reducing, or removing parts of the QuickReef system.
17) Monitoring activities will be coordinated with the Corps and with the National Marine Fisheries Service
Habitat Conservation Division prior to field work and/or remedial action.
General
18) Any mitigative measures, monitoring 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. Documentation of the monitoring results shall be
provided to the Division of Coastal Management and applicable resource agencies. {G.S. 113A-107,
G.S. 113-229(e) and 07J .0208(a)}
19) 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. {07H .0208(a)(2)(B)}
20) 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. {07J .0406(b)}
21) 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. {G.S
113A-120(b)}
22) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. {G.S. 113-229(c1)}
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NC State Parks – Hammocks Beach Permit No. 130-23
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-01327).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 006326 and assigned the project DWR Project No. 2023-0806.
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 normal 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.