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HomeMy WebLinkAbout105-23 TJ Land Development LLC Permit Class Permit Number NEW 105-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermcit 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 TJ Land Development LLC.,PO Box 125,Belhaven,NC 27860 Authorizing development in Beaufort County at adj.to Battalina&Baker Creeks and Boat Harbor& Sargent Canal, at 975 Pantego St,Belhaven , as requested in the permittee's application dtd 6/26/23,incl att wrkpins(6),Tract"A',Tract"B"&Tract"C"dtd"Rev 6/5/23", Sheets 2,3 dtd"Mod 3/27/23"and Sheets 4-6 dtd 6/18/22. This permit, issued on September 8,2023 , 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 civil or criminal penalties; or may cause the permit to be null and void. Excavation 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) In order to satisfy concerns of the Division of Water Resources, excavation shall not exceed-5 feet (Boat Harbor Canal), -6 feet(Bakers Creek)and-6 feet(Sargent's Canal), all 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 Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. 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 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. September 8,2028 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee FThe LLC. Permit No. 105-23 Page 2 of 6 ADDITIONAL CONDITIONS lacement or double handling of excavated or fill materials within waters or vegetated authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 6) 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. 7) 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. Dredge Material Disposal 8) 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. 9) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 10) 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. 11) 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. 12) 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. TJ Land Development LLC. Permit No. 105-23 Page 3 of 6 ADDITIONAL CONDITIONS Maintenance Clause 13) 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. Marina 14) This permit authorizes only the shore parallel docks, fuel storage tanks, 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 marina without permit modification.No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 15) No sewage,whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharged at the marina 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. 16) 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. 17) This permit authorizes a maximum of 23 formalized boat slips located within Bakers Creek and Boat Harbor and Sargent Canals, and as shown on the drawing labeled Tract"A",Tract`B"&Tract"C". 18) Prior to the occupancy of any new slips authorized under this permit,a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 19) Prior to the occupancy of any slips authorized by this permit,the permittee shall meet on-site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 20) The marina shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information,at the entrance and exit from the main pier(s). 21) 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. TJ Land Development LLC Permit No. 105-23 Page 4 of 6 ADDITIONAL CONDITIONS 22) 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. 23) In accordance with commitments made by the permittee,formalized boat slips nos. 11 and 12 are designated as fueling slips. No vessel fueling shall occur at any other location. Shoreline Stabilization - Bulkhead 24) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 25) No vegetated wetlands or open water shall be excavated or filled,even temporarily, outside of the approved bulkhead alignment. 26) 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. 27) 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. 28) The bulkhead shall be constructed prior to any backfilling activities. 29) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 30) The fill material shall be clean and free of any pollutants except in trace quantities. 31) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 32) 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. 33) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Upland Development 34) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the building,retaining wall, parking and roads,boardwalk and infill trench, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. TJ Land Development LLC. Permit No. 105-23 Page 5 of 6 ADDITIONAL CONDITIONS Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty(30)days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy,Mineral and Land Resources,Land Quality Section,943 Washington Square Mall,Washington,NC 27889. 35) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) 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. 37) 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. Stormwater Management NOTE: Division of Energy,Mineral and Land Resources, Stormwater Management Section issued a redevelopment exclusion on 10/21/22. General 38) 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. 39) 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. 40) The permittee and/or their 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-2022-00416). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 006150 and assigned the project DWR Project No. 2018-1108 v5. TJ Land Development LLC. Permit No. 105-23 Page 6 of 6 ADDITIONAL CONDITIONS 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 high 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$475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.