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HomeMy WebLinkAboutDCM - 6-24 Clubcorp Bulkhead Revetment Sill breakwaterPermit Class NEW Permit Number 6-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrmit 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 Clubcorp Golf of North Carolina, LLC, 5615 South Seachase Dr., Nags Head, NC 27959 Authorizing development in Dare County at adj. to Roanoke Sound at 5616 S. Seachase Dr in Nags Head, as requested in the permittee's application submitted electronically on 8/23/23, incl att workplans (8), Sheet 1 of 8 dtd "Rev 8/18/23", Sheets 2,3,5 of 8 all dtd "Rev 11/7/23" and Sheets 4,6,7,8 of 8 all dtd 6/27/23. This permit, issued on January 19, 2024 , 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, civil action; or may cause the permit to be null and void. Shoreline Stabilization — Bulkhead and Rip Rap Revetments 1) The bulkhead and revetments shall be constructed in accordance with the alignments depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] 2) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. [07H .0209 (d)(4)] 3) The revetment materials shall consist of clean rock or masonry materials such as, but not limited to, Natrx units, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. [07H .0208(b)(9)(G)] (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 January 19, 2029 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 Clubcorp Golf of North Carolina, LLC 4) 5) 6) 7) 9) ADDITIONAL CONDITIONS Permit No. 6-24 Page 2 of 5 The bulkhead shall be constructed prior to any backfilling activities. [07H.0208(b)(7)(C); 07H .0209(d)(4)] The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H.0208(b)(7)(C); 07H.0209 (d)(4)] Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H.0208(b)(7)(C)] No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. [07H.0209(d)(10)] All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. [07H.0208(b)(7)(D); 07H.0209 (d)(4)] Offshore Sills The height of the permitted offshore sill shall not exceed 1.5 feet above normal water level as depicted on the attached workplans. [113-229(e);113A-120(b); 07H.0208(a)(2)] 10) The offshore sill sections shall have at least one, ten -foot opening at every 100 feet. The offshore sill sections may be staggered and overlap as long as the ten -foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [07H .0208(a)(2); 07H .0207(d)] 11) This permit does not authorize any fill waterward of the approved alignment. [07H.0206] 12) The offshore sill sections shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. [07H .0208(b)(9)(B)] 13) The offshore sill material shall consist of clean stone, marl, or concrete with no exposed rebar. Offshore sill materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. [07H.0208(b)(9)(G); 07H.0208(a)(2)(A) & (B);07H.0209(d)(3)] Breakwater 14) Should the Lot to the north be sold prior to the initiation of construction of the breakwater, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the breakwater within the property owner's riparian setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. [07H.0208(9)(B)] Clubcorp Golf of North Carolina, LLC Permit No. 6-24 Page 3 of 5 ADDITIONAL CONDITIONS 15) The height of the permitted breakwater shall not exceed 1.5 feet above normal water level, as depicted on the attached workplans. [113-229(e);113A-120(b); 07H.0208(a)(2)] 16) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, 10-foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the 10-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [07H .0208(a)(2); 07H .0207(d)] 17) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. [07H .0207(d)] 18) No backfill of the breakwater is authorized by this permit. [07H .0207(d)] Fill and Wetland Plantings 19) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the fill above and below NWL for the purposes of grading and wetland planting landward of the offshore sill sections (Area 1 and 2), all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)] 20) In accordance with commitments made by the permittee, areas shall be planted with native wetland species, all expressly and specifically detailed in the attached narrative and workplan drawings. The wetland planting areas shall be monitored, and replanted as necessary, for a minimum period of 5 years after the first planting event, or until the Division of Coastal Management has notified the permittee in writing that the planting efforts has been deemed successful. Documentation of the monitoring results shall be provided annually to the Division of Coastal Management. If, after 5 years, the Division of Coastal Management determines the plantings unsuccessful, remediation of the planting area or removal of the breakwater structures may be required. [G.S. 113A-120(b); G.S. 113-229(e); 07H .0208(a)(2)(A)] Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H.0209(d)(4)] 22) 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)] 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. [07H.0209(d)(3)] Clubcorp Golf of North Carolina, LLC Permit No. 6-24 Page 4 of 5 ADDITIONAL CONDITIONS General 24) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved shoreline stabilization alignments. [07H .0208(b)(7)(B)] 25) All fill materials shall be clean and free of any pollutants except in trace quantities. [07H.0208(a)(2)(A)&(B);07H.0209 (d)(3)] 26) The alignment of the authorized bulkhead, revetments, offshore sills and breakwaters 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(cl)] 27) The breakwater and offshore sill sections shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal water level. [07H .0208(a)(2)(G)] 28) 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)] 29) 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] 30) 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. [07K.0406(b)] 31) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J.0209(a)] 32) 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. [07J.0209(a) & G.S.113A-120(b)] NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to the U.S. Army Corps of Engineers. Clubcorp Golf of North Carolina, LLC Permit No. 6-24 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 06512 and assigned the project DWR Project No. 2023-1499. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2023-02349. 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.