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HomeMy WebLinkAbout20052016 Ver 4_CAMA Application_20240301ROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director March 1, 2024 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Heather Coats, Beach & Inlet Management Permit Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coatsCa.deg.nc.gov SUBJECT: CAMA Maior Permit Renewal Review Applicant: Town of Surf City Permit No: 40-20 Project Location: Banks Channel and oceanfront beach in the Town of Surf City. DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to commenting state agencies to determine if any changes in circumstances or in development standards require a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Heather Coats at the address above by March 25, 2024. If you have any questions regarding the proposed project, contact Heather Coats (910) 796-7302. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the renewal request as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. �OLINA North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH C Uepar .0 Remnnnmenbiaaar� /"� 910.796.7215 7949 Teresa B. Batts, Mayor John Koloski, Councilman Alicia Hawley, Councilwoman February 23, 2024 Tara MacPherson District Manager Division of Coastal Management Re: CAMA Major Permit 40-20 Dear Ms. MacPherson, Jeremy Shugarts, Mayor ProTem Hugh Cannady, Councilman Trudy Solomon, Councilwoman On behalf of the Town of Surf City, l am respectfully requesting an extension to CAMA Major Permit 40-20 for Major Development in an Area of Environmental Concern and Excavation and/or filling pursuant to NCGS 113- 229. Specifically, the Town is seeking an extension to be able to provide beach nourishment activities along the oceanfront for the Town of Surf City. When the Town sought the authorization to complete a beach nourishment project through the issuance of this Major Permit, it was unaware of funding authorization for the Surf City/North Topsail Beach Coastal Storm Risk Management project. Due to the withdrawal of North Topsail Beach, the Town has been faced with delays from the US Army Corps of Engineers and is seeking to potentially provide nourishment to our beaches in the interim. The lack of protection and habitat is of concern and this permit will help the Town pursue those goals. I am available for any questions you may have; I would also like to note that this permit was only valid for a three-year period, and consideration of the previously noted setback as well as effects of COVID-19 should provide for the Town additional opportunities to utilize the permit in which it was intended for. Regards, Kyle}�ll. Breuer, Town Manager 214 W Florence Way PO PDX 2475 PHONE (910) 328-4131 Hampstead, North Carolina 28443 Surf City, North Carolina 28445 FAX (910) 328-4132 Permit Class AMENbED STATE OF NORTH C,AROLINA Department of Environmental Quality and Coastal Resources Commission 'V r r Mt 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 Issued to Town of Surf Cite, PO Box 2475, Surf Cq, NC 28445 Permit Number 40-20 Authorizing development in Pender/Onslow Counties in Banks Channel and beaches adJacent to____ the Atlantic Ocean , as requested in the permittee's application dated /19, including attached workplan drawings (17), all as referenced in Condition No. i below. _ This permit, issued on Aril 14 2020 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. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (17), Sheets labeled 2, 3, and 10-12 of 18 dated 10/8/19, Sheets 4-9 and 13-18 of 18 dated 11/25/19, and AEC klazard Notice dated 6/7/19. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation, fill, beach nourishment or associated activities, including mobilization, demobilization, remediation measures, or the use of any heavy equipment on the beach shall occur from April 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the appropriate resource agencies. (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 or December 31, 2023 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. e. Braxton C. Davis, Director a k Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Surf City Permit No. 40-20 Page 3 of 5 ADDITIONAL CONDITIONS 12) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management, Dredge operations shall resume only after receiving approval from the Division of Coastal Management confirming resolution of the issue of sand compatibility. 13) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 14) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. NOTE;,Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 15) Land -based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access site may require a modification of this permit. 16) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 17) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. NOTE: Any dune planting or installation of sand fencing should be coordinated with the NC Wildlife Resources Commission & U.S. Fish & Wildlife Service. Sand fencing shall conform to the requirements of 15A NCAC 07K. 0212, or additional authorization from DCM, in coordination with the appropriate resource agencies, shall be required. Cultural Resources 18) The wreck of the William 11. Sumner is believed to fall within the project area. It is located eighty yards north of the old Barnacle Hill's Fishing Pier. About thirteen yards separates the exposed wreckage from the existing dune line. GPS coordinates place the approximate position of the site at North 34 deg. 25.948 min. and West 77 deg. 31.904 min. or approximately one -mile northeast of the Surf City water tower. The possibility exists that this work may unearth a beached shipwreck. In the event that such occurs, work should move to another area and the Underwater Archaeology Branch should be contacted immediately (910-250-7320). DCM should also be contacted immediately thereafter. Town of Surf City Permit No. 40-20 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers assigned the proposed project COL Action Id. No. SAW 2019-00658. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2005- 2016v2. NOTE: A permit 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.