HomeMy WebLinkAbout20231056 Ver 1_DCM Permit_20230122Permit Class
NEW
Permit Number
8-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r t nit
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
Carson Reserve
Carteret
County at adj. to Back Sound, within the Rachel
as requested in the permittee's application submitted electronically (PA -
I I11) 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
ADDITIONAL CONDITIONS
Permit No. 8-24
Page 2 of 3
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. I I3A-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.02081
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.