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HomeMy WebLinkAbout20061612 Ver 2_CAMA Major Permit No. 61-19_20190718Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verml,rt 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 Mitchell and Emily Byrum, 426 Dillard's Mill Pond Rd., Edenton, NC 27932 Authorizing development in Chowan Permit Number 61-19 County at Dillard's Mill Pond, at 426 Dillard's Mill Pond, in Tyner, as requested in the permittee's application dated 4/23/19 (MP -1) & 4/17/19 (MP -2), incl att workplan drawings (10), Site Plan 1&2 of 2 dated 5/21/19, Pages 1-5&8 of 8 dated "Rec DCM-EC 5/1/19" & Pages 6&7 of 8 dated "Rec DCM-EC 5/22/19". This permit, issued on July 18, 2019 , 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. Mill Pond Dam Repair 1) The dam repair shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved alignment. 3) The fill material shall consist of clean materials approved by the Division of Coastal Management. Fill materials shall be of a size sufficient and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Bra6d"oif C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mitchell and Emily Byrum Permit No. 61-19 Page 2 of 3 ADDITIONAL CONDITIONS 4) The fill material shall be clean and free of any pollutants except in trace quantities. 5) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 6) No fill material is to be placed within 30 feet of the normal water line, including woody debris, except that which will be used to repair the dam alignment. 7) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Sedimentation and Erosion Control 8) 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. 9) Aground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 10) 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. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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 -2019-00972). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 06-1612 V2. Mitchell and Emily Byrum Permit No. 61-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 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.