105-24 Barclay, Christopher

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[Permit Class Permit Number
NEW 105-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
1%4.% r
ermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
—X_ Excavation and/or filling pursuant to NCGS H 3-229
Issued to Christopher Barclay, 822 Santa Maria Ave. Wilmington, NC 28411
Authorizing development in New Hanover County at a4j. to the Pages Creek. at 822 Santa Maria Ave, in
Wilmington , as requested in the permittee's application (PA-1357)on 6/18/24, including attached workplan.
drawings (4), Sheet I & 3 dated 3/4/24, Sheet 2 revised 9/9/24, and Sheet 4 dated 4/29/24,
This permit, issued on September 16,2024 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.
Fxcavation
1) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)]
2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters. [07H .0208(b)(1)]
3) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)]
(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.
a September 16,2029
In issuing this permit.the State of North Carolina agrees that ,
your
projec is consistent with the North Carolina Coastal � �¢
program. S1gndturc PcnnittcL.Mvtanagementt
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Christopher Barclay Permit No. 105-24
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(I)(B); 07H .0208(b)(1)(C)]
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). [0714
,0208(b)(1)(B); 07H .0208(b)(1)(C)]
Maintenance Clause 107J .04071
6) 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.
Dredge Material Disposal
7) No dredge material shall be placed within 30 feet of the normal high-water line. [07H .0208(b)(1)(C)]
8) 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. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]
9) 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. [07H .0208(b)(1); 07H
.0208(b)(2)]
USACE Conditions {G.S. 113A-107,G.S. 113-229(e)1
10) In order to protect the'endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at h,,
11) A "Consent to Cross" authorization from the Corps of Engineers must be obtained prior to crossing the
Corps easement and prior to material disposal. Provide a written request and a map showing the disposal
site and the crossing location to Justin Annette at Justin.lZ,Amette(u;usace.anny.mil.
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. l 13A-102(a); 07H .0207; 07H .02081

........................................._. ..
Christopher Barclay Permit No. 105-24
Page 3 of 3
t ADDITIONAL CONDITIONS
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]
General
14) 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 [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
15) 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)]
16) 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 11.3A-120(b)]
17) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
NOTE: A LAMA/Dredge and Fill Pennit is a determination that the proposed development meets the f
CAMA/Dredge and Fill laws and CRC's rules for coastal development. It is not a determination
of private property ownership or an authorization to trespass onto property owned by someone
other than the Permittee.
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-2015-00466).
1
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 7115 and assigned the project DWR Project No. 20150145v2.
NOTE: Future development of the pennittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The pennittce 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. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
s
Resources.
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