HomeMy WebLinkAboutYarbrough DCM # 43-24Permit Class
NEW
Permit Number
43-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
enni t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Laura and Sandy Yarbrough, 132 Wild Cherry Lane, Lexington, NC 27292
Authorizing development in
Brunswick
County at adj. to Davis Canal, at 120 SE 41st Street in
Oak Island , as requested in the permittee's application dated 6/23/23 (MP-1, MP-2, MP-5), including
work plan drawings (2), Drawing 1 dated "received 4/29/24" and "Side Elevation Parcel" dated 10/24/23.
This permit, issued on April 26, 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.
Single Family Residence with Section 404 Fill
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the homesite,
the 957 stone driveway, and other associated infrastructure, all as expressly and specifically set forth
in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)]
2) No development or land disturbing activity that is considered non -water dependent shall occur within
30 feet of the normal high-water level unless altered herein. Any development proposed in an Area
of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline
AECs and located within the applicant's property, may require additional authorization from the
Division of Coastal Management prior to work commencing. [07H.0209(a)(2); 07H.0209(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
April 26, 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 Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Laura and Sandy Yarbrough
ADDITIONAL CONDITIONS
Permit No. 43-24
Page 2 of 3
3) The amount of impervious surfaces shall not exceed 30% of the lot area within 75 feet of normal high
water. [07H .0209(d)(2)]
Sedimentation and Erosion Control
4) 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. I I3A-102(a); 07H .0207; 07H .0208]
5) 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]
Stormwater Management
6) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
[07H .0209(d)]
General
7) 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)]
8) 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)]
9) 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)]
10) 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 Nationwide Permit 18
(Action ID SAW-2022-00221).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6699 and assigned the project DWR Project No. 2024-0111.