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HomeMy WebLinkAbout16-24 Amended 08/2024 Permit Number Permit Class 16-24 AMENDED NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,permit 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 N.C. Department of Cultural and Natural Resource,4605 Mail Service Center,Raleigh,NC 27699 Authorizing development in Beaufort County at adi to Bath Creek at 200 Front Street, in Bath as requested in the permittee's application submitted electronically (PA-1099) on 10/26/23, including attached workplan drawings (17), C 1 — C 17 dated 7/1/23. This permit, issued on August 7, 2024 , 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. Shoreline Stabilization —Bulkheads and Storm Drain Outlets Replacement 1) The bulkheads and associated storm drain outlets 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. [07H .0208(b)(7)(D)] 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead associated storm drain outlet alignments. [07H .0208(b)(7)(B); 07H .0205(d)] (See attached sheet 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 Fo�Braxtonl_ Davis, Dtrector 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. January 30,2029 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 N.C. Department of Cultural and Natural Resource Permit No. 16-24 Page 2 of 3 ADDITIONAL CONDITIONS 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. [G.S. 113-229(cl)] 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. [07H .0207(d); 07H .0209(d)(4)] 5) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H.0209(d)(4)] 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)] 7) All fill material, including rip rap, shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(B); 07H .0209(d)(3)] 8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(b)(7)(C), 07H .0209(d)(3)] 9) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. [07H .0209(d)(10)(G); 07H .0209(d)(10)(A)] 10) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. [07H .0208(b)(9)(G)] 1 l) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in-water work shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. [07H .0208(a)(2)(F)] Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .0208] 13) 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. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 14) 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. [07H .0209)(d)(3)(B); 07H .0209(d)(3)(C)] FNC. partment of Cultural and Natural Resource Permit No. 16-24 Page 3 of 3 ADDITIONAL CONDITIONS General ) 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. [07H .0208(a)(2)(B)] 16) 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. [07J .0406(b)] 17) 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. [07J .0209(a); G.S 113A-120(b)] 18) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 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-2023-01721). 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. 20231492 vl 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 buffer regulations in place at the time of such development. NOTE: An application processing fee of$400 was received by DCM for this project. Ft STAR ROY COOPER a Governor ELIZABETH S.BISER ,z�'� Secretary *�QUA44 TANCRED MILLER NORTH CAROLINA Director Environmental Quality N.0 Department of Cultural and Natural Resources 4605 Mail Service Center Raleigh, NC 27699 The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal subject to the conditions shown on the permit. The original(buff-colored form)is retained by you and must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office by mail or email a scanned copy to dcm.mhc.admins@deq.nc.gov_. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or to any of its conditions,you may request a contested case hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with N.C.G.S. Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh, NC 27611-6714,(919)733-2698 within twenty(20)days of this decision on your permit.Information about this process can be found at: https://www.oah.nc.gov/hearings-division.You should also be aware that an interested party may submit an objection to the issuance of this permit within twenty(20)days pursuant to N.C.G.S. 113A-121.1(b). The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be carried out in accordance with your application. Modifications,time extensions,and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that they fully understand all permit requirements.To facilitate this,we request that you contact your DCM Field Representative via email just prior to work initiation. Your field representative contact information ash1ey grandy@deq.nc.gov Department personnel will visit the project site to ensure compliance with this permit. If questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Jonathan Howell Regulatory Section Chief N.C. Division of Coastal Management D EQ]�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557 NORTH GAROLINA �� Oe rb.M ei Embonma W 0"1 /`� 252.515.5400