Loading...
HomeMy WebLinkAbout68-22 Cates and BroomePermit Class Permit Number NEW 68-22 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 Cates and Broome, 500 World Commerce Parkway, St. Augustine, FL 32092 Authorizing development in Currituck County at adj. to Albemarle Sound, at North River Hunt Club, 698 Grandy Rd., in Grandy , as requested in the permittee’s application dated 1/20/22 (MP-1) 2/2/22 (MP-2,4), including attached workplan drawings (4), Sheets 1-4 of 4 all dated 2/4/22. This permit, issued on July 1, 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 Living Shoreline 1) The living shoreline shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 4) The height of the permitted living shoreline shall not exceed 2.8 feet above normal water level. (See attached sheets for Additional Conditions) Cates and Broome Permit No. 68-22 Page 2 of 4 ADDITIONAL CONDITIONS 5) The living shoreline shall have at least one, five-foot opening at every 100 feet. 6) The living shoreline shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above mean high water. 7) This permit does not authorize any fill landward of the authorized living shoreline. Enhance Existing Revetment with Section 404 Wetland Fill 8) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit application and workplan drawings. 9) This permit authorizes the fill of the upland areas and 586ft2 of Section 404 wetlands located landward of the existing and authorized rip rap revetment, all as depicted in the attached workplan drawings. 10) The fill material shall be clean and free of any pollutants except in trace quantities. 11) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 12) 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 revetment. Shoreline Stabilization - Bulkhead 13) The bulkhead shall extend a maximum of one (1) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 14) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 15) 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. 16) The bulkhead shall be constructed prior to any backfilling activities. 17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 18) This permit does not authorize any excavation waterward of the approved alignment. 19) The fill material shall be clean and free of any pollutants except in trace quantities. 20) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Cates and Broome Permit No. 68-22 Page 3 of 4 ADDITIONAL CONDITIONS 21) 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. 22) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 23) This permit authorizes only the platform and pier extension and other structures 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. 24) 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. 25) 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. 26) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 5 formalized boat slips. 27) 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. 28) 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. Sedimentation and Erosion Control 29) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 30) 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. 31) 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. Cates and Broome Permit No. 68-22 Page 4 of 4 ADDITIONAL CONDITIONS General 32) No filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit outside of the attached workplan drawings. 33) The living shoreline and revetment materials shall consist of clean granite, marl, or broken concrete with no exposed rebar. Sill 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. 34) The alignment of the authorized living shoreline, revetment and bulkhead shall all 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 of the revetment and living shoreline 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. 35) 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. 36) 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. 37) 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, including but not limited to any building permits from Currituck County and any authorization from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. WQC004945 and assigned the project DWR Project No. 2022-0203. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. 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.