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HomeMy WebLinkAbout102-17MM Dews Island Group LLC.Permit Class Permit Number MODIFICATION/MAJOR 102-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Dews Island Group LLC., 500 World Commerce Parkway, St. Augustine, FL 32092 Authorizing development in Currituck County adj to the Currituck Sound, known as Dews Island, at 7019 US Hwy 158, in Grandy , as requested in the permittee’s application dated 2/4/22 (MP-1) and 2/22/22 (MP-2), including attached workplan drawings (4), Sheets 1-4 of 4 all dated 4/7/22. This permit, issued on July 22, 2022 , 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. 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, 2025 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 Shoreline Stabilization - Bulkhead 1) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for additional conditions) Dews Island Group LLC. Permit No. 102-17 Page 2 of 4 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Living Shoreline 12) The living shoreline shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 13) No vegetated wetlands shall be excavated or filled, even temporarily. 14) No open water shall be excavated or filled, even temporarily, outside of the approved living shoreline alignment. 15) The height of the permitted living shoreline shall not exceed 2.7 feet above the normal water level. 16) The living shoreline shall have at least one, five-foot opening at every 100 feet. The living shoreline sections may be staggered and overlap as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 17) The living shoreline material shall consist of clean granite, marl, or broken concrete with no exposed rebar. Living shoreline materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. 18) The living shoreline shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water. 19) No backfill of the living shoreline or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. Dews Island Group LLC. Permit No. 102-17 Page 3 of 4 ADDITIONAL CONDITIONS 20) During construction, the permittee shall implement all available precautions to ensure that damage to SAV beds does not occur. Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 24) 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. 25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 26) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 27) This Major Modification shall be attached to Permit No. 102-17, which was issued to the permittee on 9/1/17, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 28) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any additional authorization from The U.S. Army Corps of Engineers. NOTE: The U.S. Army Corps of Engineers originally assigned the project COE Action Id. No. SAW- 2017-01394. NOTE: The Division of Water Resources authorized the project by way of Water Quality Certification No. WQC004948 and assigned the proposed project DWR Project No. 2017-0809 v3. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.