HomeMy WebLinkAbout20120184 Ver 2_DCM Permit_20240201
Permit Class Permit Number
NEW19-24
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 YMCA of the Triangle, Inc. (Camp Seafarer), 801 Corporate Center Drive, Suite 200, Raleigh, NC 27607
Authorizing development in Pamlico County at Mill Creek, 2744 Seafarer Road, Arapahoe, as requested
submitted electronically (PA-1181) on 9/13/23, including attached workplan
drawings (11), Sheets 1-8 of 8 dated 9/19/23, Sheet 1 of 1 dated 7/6/23, and Sheet 1A, 1B dated 11/15/11.
This permit, issued on February 1, 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.
Marina Expansion
1) This permit authorizes the removal of the existing facility and the construction of the gazebo,
boatlifts, piers, docks, tie piles, and other structure and uses located in or over that water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this docking facility 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) This permit authorizes 22 additional formalized boat slips for a maximum of 30 formalized boat slips
at this marina. \[07J .0202(c)\]
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
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
For Tancred Miller, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
February 1, 2029
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
YMCA of the Triangle, Inc. (Camp Seafarer) Permit No. 19-24
Page 2 of 6
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharged at the marina shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure. \[07H .0208(a)(2)(B)\]
4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location and maintained in operable condition for the life
of the marina. \[07H.0208(b)(5)(M)\]
5) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
\[07H.0208(b)(5)(M)\]
6) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier(s). \[07H
.0208(b)(5)(M)\]
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. \[07H .0208(a)(2)(G)\]
8) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings. \[07H
.0208(a)(2)(G)\]
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather. \[07H .0208(a)(2)(G); G.S. 113A-229(a)\]
10) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization. \[07H .0208(a)(2)(G)\]
11) The roof of the gazebo shall not be designed for second story use. \[07H .0208(b)(6)(F)\]
Bulkhead and Retaining Wall Replacement/Repair
12) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawing. \[07H .0208(b)(7)(D); G.S. 113-229(b)\]
13) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment. \[07H .0208(b)(7)(B); 07H .0205(d)\]
14) The alignment of the authorized bulkhead 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. \[G.S. 113-229(c1)\]
YMCA of the Triangle, Inc. (Camp Seafarer) Permit No. 19-24
Page 3 of 6
ADDITIONAL CONDITIONS
15) 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. \[07H .0207(d); 07H .0209(d)(4)\]
16) The bulkhead shall be constructed prior to any backfilling activities. \[07H .0208(b)(7)(C); 07H
.0209(d)(4)\]
17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. \[07H .0208(b)(7)(C); 07H .0209(d)(4)\]
18) The fill material shall be clean and free of any pollutants except in trace quantities. \[07H .0208(a)(2)(B);
07H .0209(d)(3)\]
19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. \[07H .0208(b)(7)(C), 07H .0209(d)(3)\]
20) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead. \[07H .0209(d)(10)(G); 07H .0209(d)(10)(A)\]
21) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead. \[07H .0208(b)(7)(D); 07H .0209(d)(4)\]
Maintenance Excavation Basin and Channel
22) No excavation shall take place outside of the area indicated on the workplan drawings. \[07H
.0208(b)(1)\]
23) Excavation shall not exceed -8 feet below the mean low water level. In no case shall the depth of
excavation exceed the depth of connecting waters. \[07H .0208(b)(1)\]
24) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. \[07H .0208(b)(1)(B); 07H .0208(b)(1) (C)\]
25) No excavation shall take place within 10 feet of any Coastal Wetlands. \[07H .0208(b)(1)\]
Maintenance Clause \[07J.0407\]
26) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D.
YMCA of the Triangle, Inc. (Camp Seafarer) Permit No. 19-24
Page 4 of 6
ADDITIONAL CONDITIONS
Dredge Material Disposal
27) No dredge material shall be placed within 30 feet of the normal water line. \[07H.0208(b)(1)(C)\]
28) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and
stabilized. \[07H. 0208(b)(1)(B); 07H.0209(d)(3)(B), 07H.0208(b)(2)(A)\]
29) The diked disposal area shall be constructed a sufficient distance from the normal water level or any
marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters. \[07H .0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208
(b)(2)\]
30) The dredge pipe alignment shall follow the alignment as depicted in the workplan drawings Sheet 1A
and 1B, dated 11/15/11. \[07H .0208(b)(2)\]
31) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities. \[07H .0208(b)(1); 07H
.0208(b)(2)\]
USACE Conditions \[G.S. 113-229(a); G.S. 113A-107(a)\]
32) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
requirements therein. The guidelines can be found at https://www.fws.gov/media/2017-manatee-
guidelines-north-carolina
33) No in-water work shall be conducted in waters of the U.S. designated by the National Marine Fisheries
Service as Atlantic sturgeon critical habitat from February 1st through June 30th.
34)
Date March 23, 2006, and apply these measures to Atlantic sturgeon. This includes, but is not limited to,
the requirement that all construction workers watch for sturgeon, and operation of any mechanical
construction equipment will cease immediately if a sturgeon is seen within a 50-foot radius of
equipment. Activities will not resume until the protected species has departed the project area of its own
volition.
35) The Permittee shall implement all necessary measures to ensure the authorized activity does not kill,
injure, capture, harass, or otherwise harm any federally-listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened
or endangered species, the U.S. Army Corps of Engineers, Wilmington District Washington Field
Office, Attn: Mr. Josh Pelletier at 910-251-4605, or josh.r.pelletier@usace.army.mil will be immediately
notified to initiate the required Federal coordination.
YMCA of the Triangle, Inc. (Camp Seafarer) Permit No. 19-24
Page 5 of 6
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project if upland
disturbance is greater than 1 acre. If required, the plan must be filed at least thirty (30) days
prior to the beginning of any land disturbing activity. Contact the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC
27889 for this determination.
36) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. \[07H .0209(d)(4); 113A-102(a); 07H .0207; 07H .0208\]
37) 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. \[07H
.0209(d)(4); 113A-102(a); 07H .0207; 07H .0208\]
38) 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. \[07H
.0209)(d)(3)(B); 07H .0209(d)(3)(C)\]
General
39) 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. \[07H .0208(a)(2)(B)\]
40) 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. \[07J .0406(b)\]
41) 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. \[07J
.0209(a); G.S 113A-120(b)\]
42) 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.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-02078).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6586 and assigned the project DWR Project No. 20120184v2.
YMCA of the Triangle, Inc. (Camp Seafarer) Permit No. 19-24
Page 6 of 6
ADDITIONAL CONDITIONS
NOTE:
Contact a representative of the Division at (252) 946-6481 prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by buffer regulations in
place at the time of such development.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.