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HomeMy WebLinkAbout86-22 Palm Cove HOA (Variance) Signed Permit Class Permit Number NEW 86-22 (BY CRC VARIANCE) 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 Palm Cove HOA, 904 Calamint Lane, Fayetteville, NC 28305 Authorizing development in Brunswick County at the Palm Cove Subdivision between 1830 – 1848 E. Main St, adj. to Eastern Channel of Jinks Creek, in Sunset Beach, as requested in the permittee’s application dated 7/20/21 (MP- 1) and 7/28/21 (MP-2), incl. attached drawings (5), Sheets 1-3 of 5 dated “8/2/21” and Sheets 4-5 of 5 dated 7/20/21. This permit, issued on August 24, 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 August 24, 2027 . 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sandbag Placement 1) In keeping with the Variance (CRC-VR-22-04) granted by the Coastal Resources Commission (CRC) and the attached Variance Order on June 8, 2022, and the Order signed by the CRC Chairman on June 20, 2022, the roadbed elevation (the structure being protected by the sandbags) will be used as the reference elevation and the sandbag structure will not exceed a maximum height of two and a half feet above the road surface. 2) Sandbags used to construct the temporary erosion control structures shall be tan in color and three to five feet wide and seven to fifteen feet long when measured flat. (See attached sheets for Additional Conditions) Palm Cove HOA Permit No. 86-22 Page 2 of 2 ADDITIONAL CONDITIONS Note: The configuration of the individual sandbags may vary from that shown on the attached workplan drawings, so long as the dimensions, alignment, and size requirements of Conditions 1 and 2 of this permit are not exceeded. 3) Soldier pilings and other types of devices to anchor the sandbags shall not be allowed. 4) In keeping with 15A NCAC 7H .0308(a)(2)(L) of the rules of the Coastal Resources Commission (CRC) and the Variance Order signed by the CRC Chair on June 20, 2022, if any long-term measures are implemented to address shoreline erosion in the Project Area, any sandbags that are above grade and exceed the maximum structure size limitations as stated in 15A NCAC 7H .0308 must be removed within six months following the completion of any future project. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) Unless altered herein, all backfill material shall be obtained from a high ground source and confined 30 feet above the mean high-water level prior to use within sandbags. 7) In order to reduce the potential for impacts on shorebirds and nesting sea turtles, no beach development activities shall be permitted between April 1 and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. General 8) 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. 9) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre-construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. 10) 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. 11) Prior to the initiation of any development activities authorized by this Permit, the permittee shall obtain all required permits or authorizations from the N.C. Division of Water Resources and copies of all such authorizations shall be provided to the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, to include any authorization required by the U.S. Army Corp of Engineers and The N.C. Division of Water Resources. 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.