HomeMy WebLinkAbout20061109 Ver 1_DCM Permit_20061109
Permit Class
NEW
Permit Number
181-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources aT F
and
Coastal Resources Commission o u- it o
- 'uJ
NOV 9 - 2006 L L ???
for
DENR psmr aFttN
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 Towns of Emerald Isle, Pine Knoll Shores and Indian Beach, C/o CS&E, PO Box 1643, Morehead City, NC 28557
Authorizing development in Carteret County at Atlantic Ocean & adi. beaches, Towns of Emerald
Isle. Pine Knoll Shore & Indian Bach , as requested in the permittee's application dated 5/25/06 & project narrative dtd.
5/1/06„incl. attached workplan drawings (10), 1-10 of 12 dtd. May 2006 & AEC Hazard Notices (3), 2 did. l1/l/06 7 1 dtd. 11/2/06
This permit, issued on November 2, 2006 , 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, this permit authorizes the construction of emergency berms within the
limits of the Towns of Emerald Isle, Pine Knoll Shores & Indian Beach, all as depicted in the attached
permit application, workplan drawings and supporting documentation.
Emergency Berm Construction Activities'
2) Prior to the initiation of any berm construction activities above mean high water (MHW) within the
approved project limits, current easements from all effected property owners must be obtained.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
?? lr ?? .,rte
? Charles.. nes, Director
lvision of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2009
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
Towns of Emerald Isle, Pine Knoll Shores Permit #181-06
and Indian Beach Page 2 of 4
ADDITIONAL CONDITIONS
3) This permit authorizes emergency berm construction activities to be carried out one (1) time within the
requested project areas. Any request to carry out additional activities within an area where berm
construction activities have been completed will require a modification of this permit.
4) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, intertidal and beach resources no berm construction activities may occur from April 1
through November 14 of any year without prior approval from the North Carolina Division of Coastal
Management in consultation with the ITC Division of Marine Fisheries, the NC Wildlife Resources
Commission, and the NC Division of Environmental Health.
NOTE: The permittee is advised that there may be additional timing restrictions placed on the authorized
project-by_the_U_S__Army,Corps of Engineers-as partof the-Federal -permit-process__NDthing_'
this State Permit should be construed as overriding or superceding any such Federal permit
requirement.
5) All excavation activities must take place within the portion of the Offshore Dredged Material Disposal
Site (ODINIDS) depicted on attached workplan drawing Sheet 4 of 12. Excavation of material from the
discontinued dump site is not authorized.
6) Only beach quality sand shall be used for berm construction purposes.
7) Should the dredging operations encounter any non-beach compatible sand, the dredge shall immediately
cease operation, contact the Division of Coastal Management and move to an approved area where
suitable material does exist.
8) The seaward nourishment limit must be conducted in accordance with the attached workplan drawin
labeled Sheets 7-10 of 12.
9) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repa
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
10) Once a berm section is complete, piping and heavy equipment shall be immediately removed or shift
to a new section and the area graded and dressed to final approved slopes.
11) Land-based equipment necessary for berm construction work shall be brought to the site throu
existing accesses. Should the work result in any damage to existing accesses, the accesses must
restored to pre-project conditions immediately upon project completion in that specific area.
NOTE: The permittee is advised that any new access site would require a modification of this permit.
Endangered Species Protection
12) Only beach quality sand suitable for sea turtle nesting, successful incubation and hatchling emerger
shall be used for berm construction purposes. Furthermore, sand of similar grain size to the existi
beach shall be used to reduce any changes in physical characteristics of the beach that may affect n
survival.
t
t
s
Towns of Emerald Isle, Pine Knoll Shores Permit #181-06
and Indian Beach Page 3 of 4
ADDITIONAL CONDITIONS
13) Immediately after completion of the beach nourishment project, and prior to the next three nesting
seasons, beach compaction shall be monitored and tilling shall be conducted as deemed necessary by the
Division of Coastal Management in coordination with appropriate review agencies. An annual report on
the beach compaction shall be provided to the Division of Coastal Management and the NC Wildlife
Resources Commission within 30 days of the completion of nourishment activities, and by February 28
of each subsequent year in which monitoring takes place, unless an altered timeframe is negotiated by
the DCM, in coordination with the NCWRC.
14) Immediately after completion of any phase of the beach nourishment project, and prior to the next three
nesting seasons, monitoring shall be conducted to determine if escarpments are present that would affect
nesting sea turtles or public access. If such escarpments are present, the permittee shall coordinate with
the Division of Coastal Management for necessary remediation.
Cultural Resource Protection
15) There exists the possibility that the authorized activities may unearth a beached shipwreck. Should such
a finding occur, the permittee shall immediately move to another area. The NC Department of Cultural
Resources, Underwater Archaeology Branch, must also be contacted at (910) 458-9042 to determine
appropriate response procedures.
General
i
16) The permittee and/or his contractor shall schedule a pre-construction conference with a Division of
Coastal Management representative prior to the initiation of any dredging activities.
17) No attempt will 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.
18) The authorized activity must not cause an unacceptable interference with navigation.
19) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
20) This permit does not grant any property rights or exclusive privileges to the permittee.
21) The permittee shall obtain any necessary authorizations or approvals from the USACOE prior to
initiation of permitted activity.
22) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals,
hydraulic fluids, etc., necessary to carry out the project.
23) Unless specifically altered herein, all monitoring and/or mitigative commitments made in the attached
project narrative shall be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
Towns of Emerald Isle, Pine Knoll Shores Permit #181-06
and Indian Beach Page 4 of 4
ADDITIONAL CONDITIONS
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 permittee is advised that the Division of Coastal Management will regulate the removal of
existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H
.0308(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
I NOTE: Future nourishment or berm construction activities may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 prior to the commencement of any
such activity, for this determination
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3593 (DWQ Project No. 061109), which was issued on 10/30/06.