HomeMy WebLinkAbout20161236 Ver 1_CAMA Major Permit_20170918Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"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 Thomas and Julie Gardner, 44 Ford Avenue, Wharton, NJ 07885
Permit Number
111-17
Authorizing development in Chowan County at adi. to Albemarle Sound, at 226 and 228
Osprey Dr. in Edenton as requested in the permittee's application dated 7/7/17, including attached
workplan drawing, dated "Revised" 6/30/17.
This permit, issued on September 18, 2017 , 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.
Cultural Resources Protection
1) Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall,
in coordination with the N.C. Department of Natural and Cultural Resources (NCDNCR), develop
and implement an archaeological survey of the proposed project area. Initiation of permitted land -
disturbing activities shall not begin until written approval is obtained from Nd�, and a copy of
such approval has been submitted to the Division of Coastal Management. F0//Vc%NR
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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
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Chairman of the Coastal Resources Commission.
LLI2
Bratton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Thomas and Julie Gardner
ADDITIONAL CONDITIONS
Upland Development
Permit No. 111-17
Page 2 of 4
2) 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, driveway,
culverts, pool, retaining wall, and other associated infrastructure, all as expressly and specifically set
forth in the attached permit application and workplan drawings.
Shoreline Stabilization - Bulkhead
3) 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 and verified by DCM within a maximum
of 30 days prior to the new expected start of construction.
The bulkhead shall be constructed prior to any backfilling activities.
i) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The fill material shall be clean and free of any pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
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.
Pier and Platform
10) This permit authorizes only the pier and platform, and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this pier and platform without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
11) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
12) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor
and Julie Gardner
ADDITIONAL CONDITIONS
13) This permit does not authorize any formalized boat slips.
Permit No. 111-17
Page 3 of 4
14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project.
Contact the Division of Energy, Mineral and Land Resources, Land Quality Section at 943
Washington Square Mall, Washington, NC 27889 prior to the commencement of any such
activity for this determination.
USACE Conditions
15) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
General
16) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the areas indicated in
the attached workplan drawings.
7) 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.
18) Any mitigative measures or environmental commitments specifically made by the applicant for this
project shall be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
19) 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.
The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW -2017-00188).
The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4097 and assigned the project DWR Project No. 2016-1236.
and Julie Gardner
Permit 111-17
Page 4 of 4
ADDITIONAL CONDITIONS
VOTE: 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.
VOTE: 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.