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