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HomeMy WebLinkAboutDCM - 8-24 DRAGnetPermit Class NEW Permit Number 8-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ertnt" 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 NC Coastal Reserve and National Estuarine Research Reserve,101 Pivers Island Rd, Beaufort, NC Issued to 28516; Stephanie Valdez and Brian Silliman,135 Duke Marine Lab Rd. Beaufort, NC 28516 Authorizing development in Carteret County at adj. to Back Sound, within the Rachel Carson Reserve , as requested in the permittee's application submitted electronically (PA- 1111) on 6/20/23, including attached workplan drawings (3), Page 1-3 of 3 dated 3/23/23. This permit, issued on January 22, 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, imprisonment or civil action; or may cause the permit to be null and void. Experimental Research Plots 1) This permit authorizes only the placement of 60 marking poles, coastal wetland disturbance, and uses located in or over the water that are expressly and specifically set forth in the permit application. No structure, whether floating or stationary, shall become a permanent part of this area without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. [07J .0202(c); 07H .0208 (a)(1)] 2) The authorized experimental research plots shall be constructed as depicted in the attached workplan drawings. [07J .0202(c)] 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 22, 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. raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NCCR and NEERS, Stephanie Valdez, Brian Silliman Permit No. 8-24 Page 2 of 3 ADDITIONAL CONDITIONS 3) All coastal wetland plant material shall be left on site to the greatest extent practicable. [7H .0205(e)] 4) Prior to the initiation of any authorized wetland disturbance at the identified experimental research plots located within the Rachel Carson Reserve, the permittee shall contact Reserve staff to initiate the required coordination. [7HJ .0209(a)] 5) At the conclusion of the research experiment, the experimental research plots shall be graded to pre - project contours and replanted with native coastal wetland species if determined necessary by the Division of Coastal Management. Documentation of the monitoring results shall be provided annually to the Division of Coastal Management's Estuarine Research Reserve and the final report provided to the Division upon completion of the research project. [G.S. 113A-120(b); G.S. 113-229(e); 07H .0208(a)(2)(A)] 6) At the conclusion of the research experiment, all marker poles shall be removed from the project site. [G.S. 113A-120(b); G.S. 113-229(e); 07H .0208(a)(2)(A)] 7) No excavation or fill shall take place at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the areas indicated on the workplan drawing(s). [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)] USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)1 8) Within 30 days following the completion of construction, the Permittee shall submit to the Corps as -built plans for those portions that affect wetlands. The as -built plans shall include all grading, structures, and activities in or affecting waters and wetlands. 9) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. 10) Coastal marsh within the disturbance area shall be restored to pre -project conditions upon completion of the disturbance activity (i.e. the rototill disturbance plot within the wetland area (-0.04 acre area)). The applicant has committed to replant the project area with Spartina Alterniflora if the DRAGNet experiment impacts the defined project area and surrounding coastal marsh in such a way that the vegetation fails to regenerate. If remedial planting efforts fail to regenerate coastal marsh vegetation (i.e. plant mortality), compensatory mitigation will be required. 11) Monitoring of the disturbance area (0.04-acre rototill area) shall occur for a minimum of 5 years, beginning the first growing season after the 3rd year of the experiment implementation. Vegetation monitoring will include visual observations and photo documentation of coastal marsh vegetation regeneration twice per year. Observations shall be detailed in annual monitoring reports, submitted to the Corps and NC Division of Water Resources (DWR), as described in the attached NC DWR 401 Certification. Sedimentation and Erosion Control 12) 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); 113A-102(a); 07H.0207; 07H.0208] NCCR and NEERS, Stephanie Valdez, Brian Silliman Permit No. 8-24 Page 3 of 3 ADDITIONAL CONDITIONS 13) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] General 14) 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 recent of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)] 15) 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)] 16) 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)] 17) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 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 any permits required by the North Carolina Coastal Reserve. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2023-1592). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 6451 and assigned the project DWR Project No. 20231056. 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. 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 $250 was received by DCM for this project.