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HomeMy WebLinkAboutDCM 27-24 Wanchese Marine Industrial ParkThe Chowan Permit Class NEW Permit Number 27-24 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 I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to North Carolina Marine Industrial Park Authority, 633 Harbor Rd., Wanchese, NC 27981 Authorizing development in Dare County at adi. Wanchese Harbor, at Lot 28a of the Seafood Marine Industrial Park, in Wanchese, as requested in the permittee's application submitted (PA-1125) on 10/4/23, including attached workplan drawings (8), Sheets 1-8 of 8 all dated 6/5/23. This permit, issued on February 26, 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 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)] 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)] 3) 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(cl)] (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 February 26, 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. 'f ... for Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wanchese Marine Industrial Park Permit No. 27-24 Page 2 of 4 ADDITIONAL CONDITIONS 4) 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)] 5) The bulkhead shall be constructed prior to any backfilling activities. [07H .0209(d)(4)] 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H .0209(d)(4)] 7) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0209(d)(3)] 8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(b)(7)(D)] 9) 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)] 10) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(C)] Excavation 11) This permit authorizes a onetime excavation, as indicated on the attached workplan drawings. No excavation shall take place outside of the area indicated on the workplan drawings. [07H .0208(b)(1)] 12) 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)] 13) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)] 14) This permit does not authorize any open water dredging in association with the authorized docking facility. [07J .0202(c)] Dredge Material Disposal 15) No dredge material shall be placed within 30 feet of the normal/high-water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. [07H .0209 (d)(10)(G), 07H .0208(b)(1)(B)] 16) All excavated materials shall be confined above normal high 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)] Wanchese Marine Industrial Park ADDITIONAL CONDITIONS Permit No. 27-24 Page 3 of 4 17) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(a)(2)(B); 07H .0208(a)(2)(D); 07H .0209(d)(4)] 18) 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)] 19) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. [07H .0209(d)(8)] Pier Section 20) This permit authorizes only the replacement pier section and uses located in or over the 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)] 21) This permit does not authorize any new formalized boat slips. Concrete Slab, Deck Ramp and Retaining Wall 22) Unless specifically altered herein, this permit authorizes the high ground fill, grading and other land disturbing activities associated with the development of the above referenced property, including the concrete slab, deck ramp, and retaining wall, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07H .0209] Sedimentation and Erosion Control 23) 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)] 24) 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)] USACE Conditions [G.S.133A-1271 25) hi order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. Wanchese Marine Industrial Park ADDITIONAL CONDITIONS General Permit No. 27-24 Page 4 of 4 26) 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)] 27) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. [07K .0406(b)] 28) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 29) 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. NOTE: The N.C. Division of Water Resources has authorized the proposed project under Individual Water Quality Certification No. 006642 DWR Project No. 2016-0272 v2. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit No. 198000291 (Action ID SAW-2023-02166). 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.