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HomeMy WebLinkAbout20221382 Ver 1_DCM Permit_20230120Permit Class NEW Permit Number 13-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crmit 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 Biggs Family Partnership, 1414 Stallings Rd., Durham, NC 27703 Authorizing development in Carteret County at adj. to Westmouth Bay, at 213 Johnson Rd., in Harkers Island , as requested in the permittee's application dated 7/29/22 (MP-1) and 9/8/22 (MP-2), including attached workplan drawings (5), Page 1 of 5 dated 8/16/22 and Pages 2-5 all dated 9/26/22. This permit, issued on January 20, 2023 , 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 with Basin Fill 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily. 3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 4) 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 January 20, 2028 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 Biggs Family Partnership Permit No. 13-23 Page 2 of 3 ADDITIONAL CONDITIONS 5) 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. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) This permit does not authorize any excavation waterward of the approved alignment. 9) The fill material shall be clean and free of any pollutants except in trace quantities. 10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) 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. 12) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 15) 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. General 16) 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. 17) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 18) 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 any authorizations required from the U.S. Army Corps of Engineers. Biggs Family Partnership Permit No. 13-23 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 005414 and assigned the project DWR Project No. 2022-1382. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 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.