20070497 Ver 3_DCM Permit_20080730

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Permit Class 4 cl 7 v Permit Number
ZC.c,??L? RCJ Permit
67-08
NEW
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STATE OF NORTH CAROLIr LS Vg UD
?•1,0o?.c- 8 Department of Environment and Natural Resources 0 ?? {?:/ and 3 0 2008
Coastal Resources Commission JUL
DEW. WATER QUAM
i? t WETL"S AK) STORMWAM W"H
for
X Major Development in an Area of Environmental Concern
pursuant to NC GS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Carolina Division of Parks and Recreation, PO Box 475, Carolina Beach, NC 28428-0475
Authorizing development in Onslow County at Cow Channel, Bear Island, and Island 88, 1572
Hammocks Beach Road. Swansboro , as requested in the permittee's application dated 313108, including the
attached workplan drawings (16) all dated 11/19/07 and the AEC Hazard Notice dated 5/6/08.
This permit, issued on .Iuly 28, 2008 , 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) In accordance with the requirements of the U.S. Army Corps of Engineers, prior to construction, the
North Carolina Division of Parks and Recreation (DPR)'shall obtain at least five additional sediment
samples of the proposed dredged material from Cow Channel that will be deposited on Bear Island and
perform grain size analyses of these samples.
2) A sediment analysis of the samples required in Condition No. 1 of this permit shall be provided to the
U.S. Army Corps of Engineers, c/o David Timpy, PO Box 1890, Wilmington, North Carolina 28402,
prior to construction to verify the compatibility of the dredged material to be deposited on Bear Island.
This analysis shall include, but is not limited to, the location of the sample station, shell percentage,
silt/clay content, grain size, and color (by using Munsell color chart).
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
1
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance. c
James H. Gregson, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2011
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
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r North Carolina Division of Parks and Recreation Permit # 6'-08
Page 2 of 5?
ADDITIONAL CONDITIONS
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3) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries and the U.S. Army Corps of
Engineers.
4) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed the area that
is expressly and specifically set forth in the attached permit application and workplan drawings. Any
proposal to change the area to be dredged shall require permit modification.
5) Excavation shall not exceed -9 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters. Overdredging is specifically prohibited.
6) No excavation shall take place within 10 feet of any Coastal Wetlands.
7) No Coastal Wetlands shall be excavated or filled.
8) 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.
9) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal - Ocean Beach
10) Only beach compatible material as defined by the Coastal Resources Commission's Technical Standards
For Beach Fill Projects (15A NCAC 07H.0312), shall be placed on Bear Island. That material deemed
not to be "compatible" shall be placed on Island 88, all as expressly and specifically set forth in the
attached permit application an workplan drawings.
11) Should the dredging operations encounter sand deemed non-compatible with the Coastal Resources
Commission's Technical Standards For Beach Fill Projects (15A NCAC 07H.0312), the dredge operator
shall immediately cease operation and contact the NCDCM. Dredge operations shall resume only after
resolution of the issue of sand compatibility.
12) In order to protect nesting sea turtles no beach nourishment activities shall be permitted from April 1 to
November 15 of any year without prior approval from the Division of Coastal Management in
consultation with the North Carolina Wildlife Resource Commission.
13) Should any beach disposal of dredge spoils occur between April 1 and September 30 of any year, The
Division of Environmental Health, Shellfish Sanitation and Recreational Water Quality Section shall be
notified at [phone] so the appropriate swimming advisories can be made.
North Carolina Division of Parks and Recreation Permit # 67-08
Page 3 of
ADDITIONAL CONDITIONS
14) 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.
15) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated
with the Division of Coastal Management.
Spoil Disposal - Island 88
16) In order to protect nesting shorebirds, no spoil disposal shall be permitted on Island 88 between April 1
and August 31 of any year without the prior approval of the Division of Coastal Management, in
consultation with the North Carolina Wildlife Resource Commission.
17) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any marsh or surrounding waters.
18) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the mean low/normal water level to prevent gully erosion and unnecessary siltation.
19) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
20) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
21) The diked disposal area shall be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this
plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Environment and Natural Resources, Land Quality
Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
North Carolina Division of Parks and Recreation Permit # 67-08
Page 4 of 5
ADDITIONAL CONDITIONS
Permanent Underground Pipeline on Bear Island
23) In accordance with commitments made by the permittee in an effort to address concerns presented by
the U.S. Fish and Wildlife Service and the North Carolina Wildlife Resource Commission, the
placement of the permanent underground pipeline on Bear Island is hereby removed from this project.
Any reference to the permanent underground pipeline including any reference in the workplan drawings
is hereby null and void.
Channel Markers
24) Unless specifically altered herein, this permit authorizes the removal of the existing channel markers and
the replacement of new channel markers at the locations indicated on the attached permit application and
workplan drawings. Any proposal to change the location of the authorized channel markers may require
a modification of this permit. Contact a DCM representative at [phone] for this determination.
No other structure, whether floating or stationary, shall be added to these channel markers without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
25) The channel markers shall conform with any and all appropriate regulations governing such structures,
including but not limited to marking and lighting requirements of the N.C. Wildlife Resources
Commission and/or the U.S. Coast Guard.
26) The permittee shall maintain the authorized channel markers in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he/she
abandons the permitted activity without having it transferred to a third party.
General
27) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
28) 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.
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North Carolina Division of Parks and Recreation Permit # 67-08
Page 5 of 5
ADDITIONAL CONDITIONS
29) This permit does not authorize the interference with anv existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
30) Prior to initiating construction activities, the permittee and his contractor shall meet onsite with a
representatives of the Division of Coastal Management and of the U.S. Army Corps of Engineers to
discuss pre-construction information on the project and endangered species issues discussed and agreed
upon during the permit process.
31) 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.
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 070497), which was issued on 5/7/08.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2007-1165-016.