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
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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.