HomeMy WebLinkAboutDCM-4-24 Beazley Bulkhead FillPermit Class
NEW
Permit Number
4-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
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 Jonathan Beazley, 1127 Ferebee Ave., Chesapeake, VA 23324
Authorizing development in
Currituck
County at adj. to Coinjock
at 122 East
Canvasback Dr., in Belles Is., as requested in the permittee's application submitted electronically (PA-1058) on
4/28/23, including attached workplan drawings (2), Sheets 1-2 of 2 both dated "Rev 10/4/23".
This permit, issued on January 17, 2024 , 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, civil action; or may cause the permit to be null and void.
Shoreline Stabilization — Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings. [07H .0208(b)(7)(D)]
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment. [07H .0208(b)(7)(B)]
3) 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. [07H .0209 (d)(4)]
(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 17, 2029
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
Jonathan Beazley Permit No. 4-24
Page 2 of 3
ADDITIONAL CONDITIONS
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. 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. [G.S. 113-229(cl)]
5) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209
(d)(4)]
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)]
7) This permit does not authorize any excavation waterward of the approved alignment. [07H .0206]
8) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A);
07H .0209(d)(3)]
9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. [07H .0208(b)(7)(C)]
10) 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. [07H.0209 (d)(10)]
11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
[07H .0208(b)(7)(D); 07H .0209(d)(4)]
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4)]
13) 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. [07H
.0209(d)(4)]
14) 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. [07H
.0209(d)(3)(B); 07H .0209(d)(3)(C)]
USACE Conditions [G.S. 113-229(a); G.S. 133A-107(a)1
15) 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 htt2s://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
Jonathan Beazley
ADDITIONAL CONDITIONS
General
Permit No. 4-24
Page 3 of 3
16) 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. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)]
17) 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. [07J .0406(b)]
18) 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. [07J
.0209(a); G.S. 113A-120(b)]
19) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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-2021-02638).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 006467 and assigned the project DWR Project No. 2023-1402.
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.