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HomeMy WebLinkAbout86-24 Tomzcak, Linda Permit Class Permit Number NEW 86-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i3ermit 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 Linda Tomzcak, 360 Jo Jane Road, Oriental, NC 28571 Authorizing development in Pamlico County at adj. to Neuse River, at 1101 Lee Farm Road in Oriental , as requested in the permittee's application (PA-1287) submitted on 05/15/24, including attached workplan drawings (2), Sheets 1 and 2 dated revised 05/01/24. 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 - Bulkhead 1) The alignment of the bulkhead shall not exceed the alignment as depicted in the attached permit application and workplan drawings. [07J .0202(c), G.S. 113-229(e)] 2) 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 .0209(d)(4)] 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [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 For Tancred Miller, 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. August 7, 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 Linda Tomzcak Permit No. 86-24 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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. [G.S. 113-229(c 1)] 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) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 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)] 9) 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. [07H.0209 (d)(10)] 10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)] Sedimentation and Erosion Control 11) 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] 12) 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] 13) 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)] General 14) 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)] 15) 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)] Linda Tomzcak Permit No. 86-24 Page 3 of 3 ADDITIONAL CONDITIONS 16) 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 (SAW-2024-01053). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 7061 and assigned the project DWR Project No. 2024-0733. 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 non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of$400 was received by DCM for this project. STATE y ROY COOPER Governor i ELIZABETH S.BISER „ �.q Secretary ! �► TANCRED MILLER NORTH CAROLINA Director Environmental Quality Linda Tomzcak 360 Jo Jane Road Oriental, NC 28571 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(j�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 I I3A-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 jessica.thomas(@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 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 CAROLINA 252.515.5400