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.