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HomeMy WebLinkAbout20201986 Ver 1_DCM Permit_20210423Permit Class NEW Permit Number 53-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission etmit 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 David Stertzer and Susan Darby, 7419 Nautica Yacht Club Drive, Wilmington, NC 28411 Authorizing development in New Hanover County, adj. to the AIWW, at 8712 Bald Eagle Lane, in Wilmington , as requested in the permittee's application dated 12/1 /20 including attached workplan drawings (3), all dated 11/18/20. This permit, issued on April 23, 2021 , 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 bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) 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. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (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, 2024 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee David Stertzer and Susan Darby Permit No. 53-21 Page 2 of 3 ADDITIONAL CONDITIONS The bulkhead shall be constructed prior to any backfilling activities. 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) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) 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. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) 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. USACE / Federal Conditions 13) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. General 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. David Stertzer and Susan Darby Permit No. 53-21 Page 3 of 3 ADDITIONAL CONDITIONS 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. 2020- 1986. NOTE: The U.S. Army Corps of Engineers authorized this project by Nationwide Permit 3 (Action ID No. SAW-2020-02240), which was issued on 4/22/21. 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.