Loading...
HomeMy WebLinkAbout20190731 Ver 1_DCM Permit_20190820ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Nancy Thomason PO Box 3339 Topsail Beach, NC 28445 Dear Ms. Thomason: NORTH CAROLINA Environmental Quality August 20, 2019 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure: WiRO Greg Martin — Agent Sincerely, Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management �TM DEQ�� oprrW wG�Maww�u�arl V North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit 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 Nancy Thomason, PO Box 3339, Topsail Beach, NC 28445 Permit Number b9-19 Authorizing development in Pender County at adi. to Topsail Sound, at 304 Empie Avenue, Topsail Beach , as requested in the permittee's application dated 05104119, including attached workplan drawing 1 dated 02/20/19 and dated received DCM Wilmington 07126119. This permit, issued on August 20 2019 , 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 he suhiect to fines. imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1} In accordance with the 07/04/19 email received from the permittee, the authorized bulkhead shall be constructed no more than two (2) feet waterward of the existing alignment. 2) The alignment of the authorized bulkhead shall be staked by the permittee and verified by 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 by the permittee within a maximum of 30 days prior to the new expected start of construction. 3) No backfill material shall 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. (See attached sheets for Additional Conditions) This nermit action may be ariDealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Cha 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, 2022 of the Coastal Resources Commission. Ix#- 14"� a-t7�_ Braxton C. Davis, 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 Nancy Thomason ADDITIONAL CONDITIONS Permit No. 69-19 Page 2 of 3 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. 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) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) 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. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 14) No filling of any vegetated wetlands beyond two (2) feet waterward of the existing bulkhead is authorized by this permit. NOTE: The workplan drawing submitted with the permit application indicates that the property lines extend below the mean high water line. The permittee is advised that the State of North Carolina claims title to most lands falling waterward of the mean high water line. 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. Nancy Thomason Permit No. 69-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide Permit 3 (Action ID No. SAW -2019-00948), which was issued on 8120119. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2019- 0731. 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.