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HomeMy WebLinkAbout20181108 Ver 1_CAMA Major Permit No 115-18_20181005Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Fermi for X Maj or Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 115-18 Issued to T.J.'s Land Development, LLC., PO Box 125, Pantego, NC 27860 Authorizing development in Beaufort County at confluence of Baker's Canal and Creek and Battalina Creek, at 27159 HWY 264 E., near Belhaven, as requested in the permittee's application dated 7/11/18, including attached workplan drawings (4), Sheets 2,5 dated 3/1/18 and Sheets 3,4 dated 6/1/18. This permit, issued on October 5, 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling within open water shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the areas indicated on the workplan drawings. 3) Excavation shall not exceed 6 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (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 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission: Braxtonavis, 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 Management Program. - Signature of Permittee T.J.'s Development, LLC. ADDITIONAL CONDITIONS Permit No. 115-18 Page 2 of 5 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Spoil Disposal 6) All excavated materials shall be confined above normal water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 8) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Shoreline Stabilization - Bulkhead 9) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 10) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 11) 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. 12) The bulkhead shall be constructed prior to any backfilling activities. 13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. T.J.'s Development, LLC. Permit No. 115-18 Page 3 of 5 ADDITIONAL CONDITIONS 14) The fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 15) 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. Marina 16) This permit authorizes only the docks, piers, dolphin clusters, mooring pilings, no wake sign, and other structures 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 17) The authorized marina shall not exceed the quarter width of the water body as measured from the waterward edge of the authorized bulkhead along Baker's Canal. In the case of the travel lift basin area, the 1/4 width is measured by extending a line matched with the authorized bulkhead along Baker's Canal and measuring perpendicular to the adjacent marsh/canal edge. No portion of the marina shall exceed a maximum of 21.75 ft from the waterward edge of the bulkhead along Baker's Canal or the match line extension, or as depicted in the attached workplan, whichever is less. 18) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 19) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 20) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 21) 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. 22) This permit authorizes a maximum of 13 formalized boat slips. 23) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. T.J.'s Development, LLC. ADDITIONAL CONDITIONS Permit No. 115-18 Page 4 of 5 24) The no wake signs shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. Boat Ramp 25) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 26) Placement of fill materials below normal water level shall be limited to the ramp structure. 27) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. Upland Development and Travel Lift 28) 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 wash down, travel lift and road, walkway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. General 29) The permittee shall implement all conditions of the DWR 401 Water Quality Certification. Any violation of Division of Water Resources water quality standards shall be considered a violation of this permit. 30) 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. 31) 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. 32) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. T.J.'s Development, LLC. Permit No. 115-18 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW -2018-01563). 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. 18-1108. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico buffer regulations in place at the time of such development. NOTE: 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.