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HomeMy WebLinkAbout20190827 Ver 1_DCM Permit_20190812Permit Class Amended (by CRC Variance) 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 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. DOT Ferry Division, 159 Lucinda Lane, Powells Point, NC 27966 Permit Number 224-87 Authorizing development in Hyde County at the Hatteras Southdock Ferry Terminal at the north end of Ocracoke Island ,as requested in the permittee's application dated 6/20/19, including the attached workplan drawings (9), as described in Condition No. 3 below & attached AEC Hazard Notice dated 6/13/19. This permit, issued on August 12, 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 oe sunjeci to tines, imprisonment or civu action; or may cause me permit to oe nu i anu voiu. 1) In accordance with the Variance granted by the Coastal Resources Commission memorialized in the July 30, 2019 Final Agency Decision, the sandbag structure proposed at the northeast end of the sheet pile bulkhead is authorized as proposed in the permit application dated June 20, 2019 and workplan drawings as referenced in condition No. 3 of this permit. 2) Unless specifically altered herein, this permit authorizes the installation of approximately 1,000 linear feet of sheet pile bulkhead, including supporting elements and sandbags, for emergency shoreline stabilization at the Hatteras Southdock Ferry Terminal, as depicted on the attached workplan drawings. 3) All work authorized by this permit shall be carried out in accordance with the following attached workplan drawings (9), (1) dated 6/20/19, (1) dated received 6/13/19 and (7) dated 5/22/19. (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 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Department of Transportation ADDITIONAL CONDITIONS Bulkhead Permit #224-87 Page 2 of 4 4) Placement of the authorized sheet pile bulkhead shall adhere to the alignment and dimensions as depicted on the attached workplan drawings. 5) The installation of the authorized sheet pile bulkhead shall be accomplished by driving and/or the use of a vibratory hammer. Should the permittee and/or its contractor propose to utilize another type of installation, such as jetting, additional authorization from DCM shall be required. 6) The authorized sheet pile bulkhead shall be in place prior to any backfrlling activities. It shall be structurally tight so as to prevent seepage of fill materials through the structures. 7) In accordance with commitments made by the permittee, the source of backfill material shall be sand from the dredge spoil site located on the west side of the Southdock Ferry Basin. 8) All fill material shall be clean and free of any pollutants, except in trace quantities. No unconfined backfill material shall be discharged into waters of the State. Sandbag Structure NOTE: The proposed sandbags are considered to be a temporary erosion control structure under the N.C. Administrative Code, 15A NCAC 07H .0308(a)(2). 9) The sandbags used shall be tan in color. General 10) No open water areas shall be filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. 12) Uncured concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 13) The permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 14) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. This condition also applies to the authorized demolition of the top 3 feet of existing sheet pile on the basin side of the project area. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #224-87 Page 3 of 4 15) If the permittee and/or its contractor determines that new mooring points will be necessary for the proposed tug barges that may be used for construction access, then the permittee shall submit final plans for the mooring points, including specific location(s) and design(s) prior to their installation. 16) New dredging in any manner, including "kicking" with boat propellers is not authorized, without permit modification. 17) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 18) Any existing temporary erosion control structures within the project area that are no longer necessary shall be removed in their entirety, including the removal of remnants of all portions of any damaged temporary erosion control structures. 19) Any waste materials or debris associated with construction, demolition, or other activities shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. 20) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department of Transportation (NCDOT) and/or its right-of-ways and/or easements and/or similar legal instruments. 21) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached work plan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 22) The permittee shall install and maintain at its expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 23) This permit shall be attached to the original of Permit No. 224-87, which was issued on 11/20/87, as well as all subsequent modifications, renewals and letters of refinement, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 24) All conditions and stipulations of the active permit remain in force under this amended permit unless specifically altered herein. NOTE: This amended permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources (DWR) authorized the proposed project on 6/28/19 (DWR Project No. 20190827) under General Water Quality Certification No. 4134 and under the Tar -Pamlico Riparian Buffer Rules. Any violation of the Certification approved by DWR shall be considered a violation of this CAMA permit.