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HomeMy WebLinkAbout20191719 Ver 1_CAMA Permit_20200228Permit Class NEW Permit Number 28-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Cyrus H. Sloan Jr., 615 Marlowe Rd., Raleigh, NC 27609 Authorizing development in Carteret County at adj. to Bogue Sound, at 228 Bayview Blvd., in Atlantic Beach , as requested in the permittee's application dated 11/12/195 including attached workplan drawings (3), Sheets 2-4 of 4 all dated 7/31/19. This permit, issued on February 28, 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 1) In accordance with commitments made by the permittee and in order to satisfy concerns of the U.S. Army Corp of Engineers, the bulkhead shall not extend waterward more than 10 feet from the normal high-water at any point along its alignment at the time of construction. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead 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. (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 or vhQ and the nan of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cyrus H. Sloan Jr. Permit No. 28-20 Page 2 of 3 ADDITIONAL CONDITIONS 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 high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 10) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 11) 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. USACE Conditions 12) 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 htt-p://www.fws.aov/ne-es/mammal/manatee guidelines.pdf. General 13) 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. 14) 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. 15) 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, including but not limited to an engineer's land disturbance plan required from the Town of Atlantic Beach. Cyrus H. Sloan Jr. Permit No. 28-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-02418) issued 2/27/20. 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. 2019-1719. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at.(252) 808-2808 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.