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HomeMy WebLinkAbout20191635 Ver 1_CAMA Major Permit No. 17-20_20200205Permit Class Permit Number NEW 17-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission r trMt 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 Issued to Charles and Allvson Mitchell, 59 Hookset Turnpike Rd., Concord, NH 03301 Authorizing development in Dare County at adj to Pamlico Sound, at 40175 CC gran Rd and contiguous lot, in Avon , as requested in the permittee's application dated 10/7/19, including attached workplan drawings (4), Sheets 1,4 of 4 dated "Revised 10/17/19" and Sheets 2-3 of 4 dated "Revised 1/6/20". This permit, issued on February 5, 2020 , 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. Shoreline Stabilization — Bulkhead and Rip Rap 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and rip rap alignments. (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, 2023 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. �Qr Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee I _ -b Charles and Allyson Mitchell Permit No. 17-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 4) 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. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. .7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. 11) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 12) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit application and workplan drawings. Sedimentation and Erosion Control 13) 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 bulkhead cap immediately following completion of backfilling activities. Groins 14) This permit authorizes only the five groins located along the lot contiguous with 40175 CC Gray Road, as depicted in the attached workplan drawings. 15) The alignment of the authorized groins shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. Charles and Allyson Mitchell Permit No. 17-20 Page 3 of 3 ADDITIONAL CONDITIONS 16) The groins, as depicted on the attached workplans, shall not extend more than 25 feet waterward of the normal water level at the time of construction. 17) The groins shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian rights. 18) The permitted groins shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. USACE Conditions 19) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.-odf. General 20) 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. 21) 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. 22) 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-2020-00031). 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. 19-1635. 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 40.1 application processing fee requirements of the Division of Water Resources.