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HomeMy WebLinkAbout20181047 Ver 1_CAMA Major Permit No 107-18_20180928Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 Permit Number 107-18 Issued to Middle Creek Farms, 3159 Nebraska Rd., Engelhard NC 27824 Authorizing development in Hyde County at headwaters of Middle Creek off the Pamlico Sound. at Middle Creek Rd (SR 1107), near Engelhard, as requested in the permittee's application dated 6/28/18 and email correspondence dated 8/29/18, incl, art. workplan drawings (4), Sheet 1 of 4 dated 5/22/18 and Sheets 2-4 of 4 dated 6/28/18. This permit, issued on September 28, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation n mese terms may ne suoject to tines, imprisonment or civil action; or may cause the permit to be null and void. Agricultural Drainage System 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the installation of the agricultural drainage system, including the culverts, tide gates and flashboard riser brackets, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved culvert alignment. 3) This permit does not authorize any fill or excavation waterward of the approved culvert alignment beyond what is necessary to install the agricultural drainage system. (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 December 31, 2021 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 Chairman of the Coastal Resources Commission. v C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Middle Creek Farms Permit No. 107-18 Page 2 of 3 ADDITIONAL CONDITIONS 4) The fill material shall be clean and free of any pollutants except in trace quantities. 5) All fill material shall be obtained from a high ground source. 6) In order to protect juvenile shrimp and finfish populations, a turbidity curtain shall be left immediately downstream of the project area, and a 24-hour period after completion of excavation shall elapse prior to silt screen removal to prevent unnecessary siltation into the adjacent water body. Sedimentation and Erosion Control 7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. At a minimum, a silt fence shall be properly installed between any disturbed areas and adjacent wetlands or watercourses immediately following completion of backfilling activities. Operations and Management Plan 8) In accordance with commitments made by the permittee in the Operations and Management Plan prepared for this project, and in order to satisfy concerns of the resource agencies, the following conditions shall be adhered to: A. The flashboard risers shall only be used to service the tide gate. B. Flashboard risers shall be limited to only one culvert at any time. C. Placement of flashboard risers within any culvert shall not exceed 7 consecutive days. D. In the event flashboard risers are used, the applicant or authorized agent shall notify the Division of Coastal Management and the Division of Water Resources before installation and after removal. 9) Failure to comply with Condition No. 8 shall be considered a violation of this permit. General 10) 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. 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 or she abandons the permitted activity without having it transferred to a third party. 12) 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. Middle Creek Farms Permit No. 107-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW -2018-01411) issued 9/24/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 18-1047. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 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 alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources.