Loading...
HomeMy WebLinkAbout20190264 Ver 1_CAMA Major Permit No. 49-19_20190624ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dare County c/o Mr. Robert Outten 954 Marshall C. Collins Drive Manteo, NC 27954 Dear Mr. Outten: NORTH CAROLINA Environmental Quality June 24, 2019 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1506 with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure: WiRO Kenneth Wilson —Agent Brad Rosov —Agent Sincerely, Y 1� Douglas . Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management D_E Q NOHi H CAROLINA O.P.t eM MEmYomn Wim' North Carolina Department of Envlronmental Quality I Dlvlslon of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t 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 Dare County, 954 Marshall C. Collins Drive, Manteo; NC 27954 Permit Number 49-19 Authorizing development in Dare County at Oregon Inlet, from the ocean bar channel to Old House Channel, , as requested in the permittee's application dated 1/30/19 (MP -1), revised 2/11/19 (MP -2), including attached workplan drawings (7), as referenced in Condition No. 1 below. This permit, issued on June 24, 2019 , 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 (7), Sheets 2 and 4, dated revised 5/30/19, Sheets 3 and 5-8, dated 1/8/19, and AEC Hazard Notice dated 1/29/19. Excavation 2) Excavation shall not exceed -14' MLLW (with no overdredge allowance) in Oregon Inlet and the ocean bar channel and -12' MLLW (with no overdredge allowance) in the channels labeled Oregon Inlet to Hells Gate Channel and Old House Channel. (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, 2022 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. k"__"t Y bi 02 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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 Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Disposal Area 4) All disposal of excavated materials shall take place entirely within the area indicated on the attached workplan drawings. Any proposal to modify the disposal location shall require a modification of this permit. , Cultural Resources 5) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Natural and Cultural Resources (DNCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted dredging activities shall not begin until written approval is obtained from DNCR, and a copy of such approval has been submitted to the Division of Coastal Management. 6) There exists the possibility that the authorized activities may unearth a beached shipwreck or other archaeological resources. Should such a finding occur, the permittee shall immediately move to another area. The DNCR Underwater Archaeology Branch shall be contacted at (910) 458-9042 to determine appropriate response procedures. General 7) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Arany Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. 8) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers 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. 9) 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. 10) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event adheres to the limits of this permit authorization, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, and the N.C. Division of Water Resources prior to the initiation of any dredging activities. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 11) All excavation shall take place entirely within the area indicated on the attached workplan drawings, and subject to the plans required by Condition No. 10 of this permit. Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19 Page 3 of 3 ADDITIONAL CONDITIONS 12) The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 13) Any mitigative measures or environmental commitments specifically made in the application for this project should be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 14) 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. 15) The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2019-0264, which was issued on 4/26/19. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. 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 has assigned the proposed project Action ID No. SAW -2019- 00175. 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.