Loading...
HomeMy WebLinkAboutNCWRC DCM 98-16 Major ModificationPermit Class MODIFICATION/MAJOR Permit Number 98-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i3ermit 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 NC Wildlife Resource Commission, 1722 Mail Service Center, Raleigh, NC 27699 Authorizing development in New Hanover\Brunswick County at the Cane Fear River, at Fen- Slip and South Pelican Island , as requested in the permittee's application (PA-1100), submitted on 2/21/24, including attached workplan drawings (7), Index 1-7 of 7 dated 7/30/21. This permit, issued on July 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. Bird Island Renourishment and Expansion 1) This permit authorizes the renourishment and enlargement of the two existing islands, Ferry Slip and South Pelican Islands. Unless altered herein, all work shall be done as expressly and specifically set forth in the permit application and as depicted on the attached workplan drawings. This permit does not authorize the construction of any new islands. [07J .0202(c)] 2) The material used to renourish the islands shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H .0209(d)(3)] (See attached sheet 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 July 1, 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. or Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Wildlife Resource Commission ADDITIONAL CONDITIONS Permit No. 98-16 Page 2 of 3 3) In order to protect waters adjacent to the designated dredge material disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section the dredge plan and the location of the dredge material disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. [07H .0209(d); 07H .0208(b)(2)(H)] Maintenance Clause [07J .04071 4) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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 placed. 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. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 5) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] 6) 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 7) 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)(B)] 8) 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)] 9) All construction debris associated with 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)] 10) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] NC Wildlife Resource Commission ADDITIONAL CONDITIONS Permit No. 98-16 Page 3 of 3 11) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. [07J.0209(a)] NOTE: This Major Modification shall be attached to the original Permit No. 98-16, which was issued on 9/8/16, as well as all subsequent renewals, refinements, and modifications, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 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 assigned the proposed project Action ID No. SAW-2003- 00466. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 6919 and assigned the project DWR Project No. 20160663v2. 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 $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.