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HomeMy WebLinkAbout119-24 Kokinchak, John and Williams, John Permit Class Per Number NE W 119-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermt t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John Kokinchak and John Williams, 741 Cannonsgate Drive, Newport, NC 28570 Authorizing development in Carteret County adi to Bogue Sounds at 739 Cannonsizate Drive in Newport , as requested in the permittee's application (PA-1491) submitted on 7/23/24, incl. att. workplan drawing(1)page 13 of 60 dated 4/18/2024. This permit, issued on October 18, 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. Upland Development within AEC with Section 404 wetland fill 1) 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 404 wetland fill, single family residence, retaining wall, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)] 2) No development or land disturbing activity that is considered non-water dependent shall occur within 30 feet of the normal high water level unless altered herein. Any development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require additional authorization from the Division of Coastal Management prior to work commencing. [07H.0209(a)(2); 07H.0209 (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. October 18, 2029 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. -)(Sig; re of Permittee John Kokinchak and John Williams Permit No. 119-24 Page 2 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 3) 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] 4) 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. [0714 .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 5) 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 retaining wall immediately following completion of backfilling activities. [07H .0209(d)(3)J Department of Natural and Cultural Resources NOTE: The project site is located in an area having a high probability of containing cultural resources and historic or archaeological remains. If such materials are encountered,the permittee shall immediately stop work and notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at(910)251-4629,and the N.C. Division of Coastal Management at(252) 515- 5400. USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a11 6) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. 7) Discovery of Previously Unknown Remains and Artifacts: Permittees that discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by NWP,they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal,Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. General 8) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. [07H .0208(a)(2)J 9) 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)] John Kokinchak and John Williams Permit No. 119-24 Page 3 of 3 ADDITIONAL CONDITIONS 10) 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)] 11) 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)] 12) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] NOTE: A CAMA/Dredge and Fill Permit is a determination that the proposed development meets the 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 action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. Any development authorized under this permit that occurs prior to the expiration of the twenty (20) day appeal period or completion of an appeal process, shall be done at the permittee's risk. 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-2024-1570). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 007235 and assigned the project DWR Project No. 20241100. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(252) 515-5400 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. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.