HomeMy WebLinkAbout20180944 Ver 1_DCM Permit_20180904Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 Carteret County, PO Box 4297, Emerald Isle, NC 28594
Permit Number
91-18
Authorizing development in Carteret County at Bogue Inlet and Atlantic Ocean, Ocean Beaches from
Bogue Court to Tar Landing Road-, as requested in the permittee's application dated 5/25/18 (MP -1 & MP-2/Proiect #1),
& 4/6/18 (MP -2/50 -yr Project), including attached workplan drawings (84), as referenced in Condition No. 1 below.
This permit, issued on September 4, 2018 , 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.
Bogue Banks Master Beach Nourishment Plan (BBMBNP)
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (84), labeled Typical Plan View Sheets 1-7 of 7, Typical Cross Section
View Pages 1-16 of 16, dated 7/10/14, and Project 1 Plans labeled Sheets 1-61, all dated May 2018
and Received DCM Wilmington 6/7/18; permit narrative dated Received DCM Wilmington 6/4/18;
and AEC Hazard Notice dated 5/9/18.
2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, intertidal and beach resources, no excavation, fill or beach nourishment activities,
including mobilization and demobilization, shall occur from May 1 to November 15 of any year
without prior approval from the Division of Coastal Management in consultation with the appropriate
resource agency personnel, and subject to Condition No. 3 below.
(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
December 31, 2021
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
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Carteret CountyBogue Banks Master Plan
Permit No. 91-18
Page 2 of 5
ADDITIONAL CONDITIONS
3) In addition to the timing restrictions referenced in Condition No. 2 above, and in order to protect
threatened and endangered species within the inlet complex, no fill or beach nourishment activities,
including mobilization and demobilization, shall occur from April 1 to April 30 of any year at or
adjacent to Bogue Inlet without prior approval from the Division of Coastal Management, in
consultation with the appropriate resource agency personnel.
4) Excavation for each event shall in no case exceed that shown on the approved project workplan
drawings.
5) All excavation shall take place entirely within the areas indicated on the approved workplan drawings.
6) 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.
Beach Nourishment
7) This permit authorizes beach nourishment activities to be carried out in accordance with the projected
intervals and volumes as stated in the application. Any request to cant' out additional activities not
referenced in. the attached application may require a modification of this permit.
8) Prior to initiating any project shoreline protection activities specified in the BBMBNP, a notification
request shall -be submitted to Division of Coastal Management (DCM) for prior approval. This
notification must provide a full and complete project event description, including but limited to,
justification/need for the project and how it correlates with the BBMBNP's assumptions, construction
footprints, construction methods and timeframes, borrow source(s), dredging dimensions, beach
placement amounts and profiles, and exact reach dimensions/location(s). A cumulative summary of all
events completed to the date of submittal under the BBMBNP must be included in the notification to
keep a historic record over the 50 -year period. The summary must provide a list of all past events that
includes the following: Start/end timeframes, placement footprints, dredging footprints, and volume
amounts. This notification shall also include full documentation demonstrating that the proposed
project's sand source(s) complies with 15A NCAC 07H.0312 (Technical Standards for Beach Fill
Projects), as well as any other applicable rules at the time of submittal. This notification shall be
submitted a minimum of 30 days prior to anticipated initiation of construction. DCM concurrence with
the proposed event shall be obtained prior to the initiation of the authorized activity.
NOTE: The notification requirements of Condition No. 8 have been satisfied through the initial permit
application review process for Project No. 1.
NOTE: The permittee is advised that future event approvals may be subject to additional conditions.
9) Prior to initiation of each beach nourishment activity along each section of beach, the existing mean
high water line shall be surveyed, and a copy of the survey provided to the Division of Coastal
Management.
Carteret Courcty/Bogue Banks Master Plan Permit No. 91-18
Page 3 of 5
ADDITIONAL CONDITIONS
NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged
lands and any future lands that are raised above the mean high water level as a result of this
project.
10) Prior to the initiation of any single event that is considered by the rules of the Coastal Resources
Commission to be a large-scale beach nourishment activity (currently defined as any volume of
sediment greater than 300,000 cubic yards), the permittee shall coordinate with the Division of Coastal
Management to determine if an additional static vegetation line(s) shall be required. Any new static
vegetation line(s) shall be used as the reference point for measuring future oceanfront setbacks. The
static vegetation line, whicb. is defined as the vegetation line that existed within one year prior to the
onset of initial project construction, shall be established using on -ground observation and survey or
aerial imagery. The static vegetation line(s) shall then be marked and a survey depicting this static
vegetation line(s) shall be submitted to the Division of Coastal Management prior to any large-scale
beach nourishment activities.
11) The seaward nourishment limit shall be constructed in accordance with approved work plats.
12) Prior to the initiation of any beach nourishment activity on a specific property, easements or similar
legal instruments shall be obtained from the impacted property owner(s).
13) Should excavation operations encounter sand deemed non -compatible with 15A NCAC 07H .0312
(Technical Standards,16r Beach Fill. Projects), the contractor shall immediately cease operation and
contact the Division of Coastal Management. Operations shall resume after resolution of the issue of
sand compatibility
14) in order to ensure compliance with Condition No. 13, the permittee shall ensure that an inspector is
present during all beach disposal activities and immediately report to DCM in the event any
incompatible material is placed on the beach. During operations, material placed on the beach shall be
inspected daily to ensure compatibility.
15) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be
provided to DCM.
lb) The permittee shall provide written notification of project completion to DCM within one (1) week upon
completion of each event authorized by this permit.
17) 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 would require a modification of this permit.
18) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division
of Marine Fisheries, Shellfish Sanitation Section shall be notified so that any necessary swimming
advisories may be posted.
Carteret County/Bogue Banks Master Plan Permit No. 91-18
Page 4 of 5
ADDITIONAL CONDITIONS
19) 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.
20) 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.
2t) Once a section is complete, all heavy equipment shall be removed or shifted to a new section and the .
area graded and dressed to final approved slopes.
22)' This permit does, Dot authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters. r
23) The authorized project shall not interfere with the public's right to free navigation on all navigable
waters of the United States. 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 for reason other than safety.
Project No. 1 Conditions
24) Excavation.forProject No. t shall not exceed -50' NAVD88.(with a maximum 2' overdredge
allowance).
25) All excavation shall take place entirely within the areas indicated on the attached workplan drawings for
Project No. 1.
26) ` In addition to Conditions 24 and 25 above, the pennittee.shall adhere to all permit conditions listed
herein during construction of Project No. 1.-
General
27). The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of
Engineers: and N.C. Division of Water Resources prior to initiation of any permitted activity. Unless
altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal
approval and 401 certification.
28) Throughout the duration of the permit, should there be significant differences in projected volumetric
thresholds, project scheduling, or other significant changes compared to the assumptions made as part of
the initial permit application and. Environmental Impact Statement, the Division of Coastal Management
reserves the right to reinitiate review through the permit modification process.
29) If, at, any time, the Bogue Banks 50 -year Coastal Storm Damage Reduction (CSDR) Federal Project is
funded and the permittee chooses to participate in the CSDR project, the permittee shall notify DCM of
their participation in the federal project. Participation in the CSDR project may require a modification -
of this permit.
Carteret County/Bogue Banks Master Plan Permit No. 91-18
Page 5 of 5
ADDITIONAL CONDITIONS
30) 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.
31) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any activities
authorized by this permit.
32) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in the permit application and the Environmental Impact Statement.
.33) No sand shall be placed on any sand bags .that have .been determined by the Division of. Coastal
Management to be subject _to removal under 15A NCAC 07H .0308(x)(2). Jn order to ensure.
compliance with this- condition, the Division of Coastal Management shall be contacted at (910) 796-
7302 prior to initiation of each event so that Division staff may meet on site with the permittee and/or
contractor.
NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of
existing.sandbags and the placement of new sandbags in accordance with 15A NCAC 07H
.0308(a)(2), or in accordance with any variances granted by the N.C. Coastal Resources
Comrriission.
34) The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 20180944.
and is authorizing under Certification No. WQC004169. Any violation of the Water Quality
Certification shall also be considered a violation of this CAMA Permit.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
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: Should disturbance landward of the first line of stable, natural vegetation exceed 1 acre in area,
an Erosion and Sedimentation.Control Plan may be required for this project. This plan must be'.
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this.
plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal .Drive
Extension, Wilmington, NC 28405.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW
2009-002.93.
NO'T'E: 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 for Project No. 1.