HomeMy WebLinkAbout20191236 Ver 1_CAMA Major Permit No. 37-20_20200402Permit Class
NEW
Permit Number
37-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r
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 James H. Salmons III, PO Box 57008, Virginia Beach, VA 23457
Authorizing development in Currituck County at adj to man-made canals off Knotts Island Bay, at 2237,
2238 and 2240 Sailfish Rd. in Carova Beach S/D, near Corolla, as requested in the permittee's application dated
6/26/19, incl att workplan drawings (7), Sheets 1,2,3,5,6,7 of 7 dated 7/17/19 and Sheet 4 of 7 dated "Revised 8/12/19".
This permit, issued on April 2, 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.
Excavation
1) A turbidity curtain shall be left between the area to be excavated and the existing canal and a 24-hour
period after completion of excavation shall elapse prior to turbidity curtain removal to prevent
unnecessary siltation into the adjacent water body.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
James H. Salmons III Permit No. 37-20
Page 2 of 4
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters.
6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Spoil Disposal
7) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used
to backfill the area behind the permitted bulkhead, once properly dried.
8) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
9) Spoil from the authorized dredge footprint shall be dewatered before use as backfill. All remaining
backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Maintenance Clause
11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Bulkhead
12) The bulkhead alignment shall approximate the normal water level at the time of construction.
13) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
James H. Salmons III
Permit No. 37-20
Page 3 of 4
ADDITIONAL CONDITIONS
14) 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. 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.
15) 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.
16) The bulkhead shall be constructed prior to any backfilling activities.
17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
18) The fill material shall be clean and free of any pollutants except in trace quantities.
19) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
Sedimentation and Erosion Control
20) 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.
Docking Facility
21) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust
waters without permit modification.
22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
23) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
24) This permit authorizes a maximum of 2 formalized boat slips.
25) No attempt shall be made by the permittee to prevent the `full and free use by the public of all navigable
waters at or adjacent to the authorized work.
James H. Salmons III
Permit No. 37-20
Page 4 of 4
ADDITIONAL CONDITIONS
USACE Conditions
26) 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.pdf.
General
27) 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.
28) 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.
29) 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-2019-01761) issued 3/25/20.
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. 2019-1236.
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.