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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.