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Home My WebLink About20121041 Ver 2_DCM Permit_20190821ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director River Bluffs Development Corporation c/o Burrows Smith 3571 Hansa Drive Castle Hayne, NC 28429 Dear Mr. Smith: NORTH CAROLINA Enytronmentat Quality August 21, 2019 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. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1508 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. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. 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 plan to have the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the yellow Notice Card just prior to worm initiation, However, 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. Enclosure: WiRO Greg Finch - Agent Sincerely, 14- l7 Douglas . Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management TM DEQ�� e.arrr � �ree.rrr p.Ylq� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ertntt 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 Permit Number 30-13 Issued to River Bluffs Development Corp. c/o Burrows Smith, 3571 Hansa Drive, Castle Hayne, NC 28429 Authorizing development in New Hanover County at Northeast Cape Fear River, 2000 Chair Road, Castle Hayne ,as requested in the permittee's application dated 04/09/I9 (MP -1) & 05/31/19 (MP - 2), including attached workplan drawings (5) 1-5 of 5 all dated 04112/19. ` This permit, issued on August 2I 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. RipRap/Living Shoreline Protection 1) The alignments of the riprap shall adhere to the alignments as depicted on the attached workplan drawings. 2) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignments by wave or current action. 3) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. (See attached sheets for Additional Conditions) inis 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. Y Braxton G Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee River Bluffs Development Corp. c/o Burrows Smith Permit No. 30-13 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 further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htt ://Nvww.I'Ws. ,ov/nc- es/manrmal/manatee *uidelines. df. Erosion & Sedimentation Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). General 8) In order to protect juvenile finfish resources, no in -water work shall be permitted between February 1 and September 30 of any year without prior approval of the Division of Coastal Management, in consultation with the US Army Corps of Engineers and appropriate resource agencies. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) No wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. River Bluffs Development Corp. c/o Burrows Smith Permit No, 30-13 Page 3 of 3 ADDITIONAL CONDITIONS 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. I4) This Major Modification shall be attached to the original of Permit No. 30-13, which was issued on 2/27113, the Major Modification issued on 12/13/17, the Minor Modifications (3) issued on 3/13/14, 8/4/15, and 12/11/18, the Renewal issued on 10/26/16, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 15) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 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. NOTE: This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2012-10410. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW - 2009 -01231, 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.