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HomeMy WebLinkAbout20081067 Ver 1_DCM Permit_20080923f Permit Class O 8 - 19 b"$ 10 vI Permit Number NEW Wa"ArJu 152-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources' rr and Coastal Resources Commission S t P 2 3 2008 rrmit R_,VTtOER NALIT BRANCH for WE': LANDS AND S 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 Sidney Jones, 1 Causeway Drive, Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at adj. to AIWW, 107 & 109 Saltation Circle, Holden Beach , as requested in the permittee's application dated 5/15/08 , including attached workplan drawings (5) all dated 5/9/08. This permit, issued on September 18, 2008 , 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. Upland Development 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 but not limited to the driveway, utilities, and infrastructure associated with the development of the single family home, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall 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 shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Jam". Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2011 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Sidney Jones Permit # 152-08 3 Page 2 of 3 ADDITIONAL CONDITIONS Retaining Wall 2) The alignment of the authorized retaining wall extension shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The retaining wall alignment shall be located landward of all Coastal Wetlands at the time of construction. 4) The retaining wall shall be constructed prior to any backfilling activities. 5) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by Division personnel. No excavation is permitted except for that which may be required for the construction of the retaining wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 7) The backfill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted 3 bulkhead. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the retaining wall cap immediately following completion of backfilling activities. 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Mitigation 12) In order to comply with requirements of the U.S. Army Corps of Engineers, and in order to compensate for impact to 600 square feet of non-riparian wetlands, the permittee shall make payment to the N.C. Ecosystem Enhancement Program (EEP) in the amount determined by the EEP to be sufficient to perform the restoration of 0.0275 acres of non-riparian wetlands in the Lumber Basin (Cataloging Unit 03040207). r Sidney Jones Permit # 152-08 Page 3 of 3 ADDITIONAL CONDITIONS 13) Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the EEP and provided a copy of the payment documentation to the Corps of Engineers, and the EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in accordance with the 11/4/98 MOU between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers. 14) The provisions relating to wetlands mitigation cannot be amended or modified without the express written consent from the U.S. Army Corps of Engineers, Wilmington District. General 15) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 16) No vegetated wetlands shall be excavated or filled outside the alignment depicted on the attached workplan drawings. 17) No open water areas shall be excavated or filled, even temporarily. 18) 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. 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 a Stormwater Management Permit from the Division of Water Quality, if required. 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 Quality has authorized the proposed project under General Water Quality Certification No. 3705 (DWQ Project No. 081067), which was issued on 8/26/08. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 18 (COE Action Id. No. SAW-2007-04188), which was issued on 9/4/08. ,,.., I,.i? 43tiy ?? + ???7??y, WILMINGTON, W.'.' 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