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Home My WebLink About20231632 Ver 1_DCM Permit_20240307Permit Class NEW Permit Number 31-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrtnt"t 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 Crile Crisler, PO Box 8, Point Harbor, NC 27964 Authorizing development in Currituck County at adj. to Currituck Sound, at 136 and 140 Wilea Lane, in Point Harbor, as requested in the permittee's application submitted electronically (PA-1177) on 9/11/23, including attached workplan drawing (5), Sheet 1 of 1 revised 10/27/23, Sheets 1-4 of 4 revised 10/25/23. This permit, issued on March 7, 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, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization — Bulkhead and Revetment Replacement 1) The alignment of the toe of the existing riprap revetment shall not exceed the alignment as depicted in the attached permit application and workplan drawings and shall be staked by the permittee prior to the initiation of bulkhead construction. [07J .0202(c)] 2) The revetment material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. [07H .0208(b)(9)(G)] 3) No backfill of the revetment or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. [07H .0207(d)] (See attached sheet 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 March 7, 2029 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal ��jncce�ae� cr�c� Z�Ia_",Zll Management Program. Signature of Permittee Crile Crisler ADDITIONAL CONDITIONS Permit No. 31-24 Page 2 of 4 4) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawing. 5) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)] 6) 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. [G.S. 113-229(cl)] 7) 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 .0207(d); 07H .0209(d)(4)] 8) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209(d)(4)] 9) 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)] 10) The fill material shall be clean and free of any pollutants except in trace quantities. [07H.0208(a)(2)(B); 07H .0209(d)(3)] 11) 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), 07H .0209(d)(3)] 12) 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)(G); 07H .0209(d)(10)(A)] 13) Unless altered herein, 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)] 14) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction of the authorized development. [07H .0208(a)(2)(A)] USACE Conditions [G.S. 113-229(a); G.S. 113A-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 http://www.fws.gov/nc-es/mammal/manatee_ guidelines.pdf. Crile Crisler ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 31-24 Page 3 of 4 16) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] 17) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] 18) 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)] General 19) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .0205] 20) 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)(B)] 21) 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)] 22) 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)] 23) 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-2023-02382). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 20231632.