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HomeMy WebLinkAbout20190931 Ver 1_DCM Permit_20191011Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Perm it 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 74-19 Issued to Lawrence & Bert Davis, 43 Pipers Neck Road, Wilmington, NC 28411 Authorizing development in New Hanover County at ad'. to Banks Channel/Middle Sound at 43 Pipers Neck Road, Wilmington , as requested in the permittee's application dated 12/23/18 including attached workplan drawings 3 Sheet l and Sheet 2 both dated 05/24/19 and a survey dated 01/30/19. This permit, issued on October 11, 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. Bulkhead 1) The authorized bulkhead shall be constructed in the same alignment as depicted on the attached workplan drawings. 2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be constructed prior to any backfilling activities. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or 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. Secretary of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Lawrence & Bert Davis Permit No. 74-19 Page 2 of 2 ADDITIONAL CONDITIONS 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) 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. 7) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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. General 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) 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. 12) 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. 13) No filling of open water or vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings is authorized by this permit. 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: 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 assigned Action ID No. SAW -2019-001744. North Carolina Division of Water Resources assigned the proposed project DWR Project No. 2019-0931. 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.