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HomeMy WebLinkAbout35-22 Sargent Investment Group LLC_Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Joermit 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 Sareent Investments Group LLC., 2811 Deerfield Lane N., Wilson, NC 27896 Permit Number 35-22 Authorizing development in Beaufort County at adi to Battalina Creek, at 598 East Street Creek, in Belhaven , as requested in the permittee's application dated 10/16/21, including attached workplan drawings (6) Sheets 1,2 of 6 both dated "Modified 2/16/22" and Sheets 3-6 of 6 all dated 10/16/21. This permit, issued on April 4, 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 if these terms may be subject to tines, imprisonment or civil action; or may cause tur pcuirrr w tic nun Quu vv-, . Excavation 7 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (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, 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 or the �lecrecary or lint auu uic �nau of the Coastal Resources Commission. /oi Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sargent Investment Group LLC. Permit No. 35-22 Page 2 of 5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Maintenance Clause 8) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Dredge Material Disposal 9) No dredge material shall be placed within 30 feet of the normal water line. 10) No dredge material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 11) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Sargent Investment Group LLC. ADDITIONAL CONDITIONS Permit No. 35-22 Page 3 of 5 13) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Shoreline Stabilization - Bulkhead 14) The bulkhead alignment shall approximate the normal water level at the time of construction. 15) No vegetated wetlands or open water shall be excavated or filled, even temporarily. 16) 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 17) 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. 18) The bulkhead shall be constructed prior to any backfilling activities. 19) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 20) The fill material shall be clean and free of any pollutants except in trace quantities. 21) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 22) 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. 23) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 24) This permit authorizes only the boat lifts and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 25) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sargent Investment Group LLC. ADDITIONAL CONDITIONS Permit No. 35-22 Page 4 of 5 26) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 27) This permit authorizes a maximum of two (2) formalized boat slips. 28) 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. 29) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Upland Development 30) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including parking gravel area, retaining wall, driveway with approximately 1,838ft2 of associated Section 404 wetland fill, and culvert, all as expressly and specifically set forth in the attached permit application and workplan drawings. 31) The retaining wall shall be constructed in accordance with the alignment depicted on the attached workplan drawings and aligned landward of all Coastal Wetlands. 32) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area indicated on the attached workplan drawings. Stormwater Management 33) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7211207, which was issued on 2/24/22. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 34) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 35) 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. 36) 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. Sargent Investment Group LLC. ADDITIONAL CONDITIONS General Permit No. 35-22 Page 5 of 5 37) 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. 38) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 39) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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 authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-01871). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2021-1814 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. 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.