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HomeMy WebLinkAbout84-24 Cotton Patch Holding LLC Permit Class Permit Number NEW 84-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ikrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Cotton Patch Holding LLC.,2305 Bynums Bridge Rd., Scotland Neck,NC 27874 Authorizing development in Beaufort County adj.to Blounts Creek, at 68 Cotton Patch Rd., in Chocowinity , as requested in the permittee's application submitted on 3/29/24(PA-1331), including attached workplan drawings (4), Sheets 1-4 of 4 all dated 1/30/24. This permit, issued on August 5,2024 , 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 civil or criminal penalties; or may cause the permit to be null and void. Marina Ezuansion 1) This permit authorizes only the docks,piers, 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. [07J .0202(c); 07H.0208(a)(1)] 2) No portion of the authorized docking facility, including tie piles,shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high water line or the waterward edge of any coastal wetland vegetation which borders the water body,whichever is more restrictive. [07H .0208(b)(6)(G)] (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. 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 for Tancred Miller, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. August 5,2029 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 Cotton Patch Holding LLC. Permit No. 84-24 Page 2 of 3 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharged 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. [07H .0208(a)(2)(B)] 4) In accordance with commitments made by the permittee,this permit does not authorize the docking of any vessel equipped with a holding tank or similar waste sanitation device. [07H .0208(a)(2)(B)] 5) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). [07H .0208(b)(5)(M); 07J .0209(a)] 6) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. [07H .0208(b)(6)(C)] 7) The permittee shall install and maintain at their 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. [0714 .0208(a)(2)(G); 07J.0209(a); G.S. 113-229(a)] 8) This permit authorizes an additional 30 formalized boat slips for a maximum of 42 formalized boat slips located as shown on the drawings labeled Sheets 2 and 3 of 4,both dated 1/30/24. [07J .0202(c)] 9) 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. [07H .0208(a)(2)(G)] 10) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. [07H .0208(a)(2)(G)] 11) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in-water work shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management. [07H .0208(a)(2)(F)] NOTE: In accordance with commitments made by the permittee,a comprehensive Marina Plan should include details to address spill response, docking rules and presence of a dock master with contact information. This information should be displayed in appropriate areas of the marina facility. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)] ------------------- ------------ ...... ------------- Cotton Patch Holding LLC. Permit No.84-24 Page 3 of 3 ADDITIONAL CONDITIONS 13) Appropriate sedimentation and erosion control devices,measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses or properties. [07H .0208(a)(2)(B); 07H .0209(d)(4)] General 14) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)] 15) 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. [07J .0406(b)] 16) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. [07J .0209(a); G.S. 113A-120(b)] 17) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 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 project by way of Programmatic General Permit 198000291 (Action ID SAW-2024-00779). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 007070 and assigned the project DWR Project No.2024-0906. 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 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 River 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. Nx STATEdi ROY COOPER Governor ELIZABETH S.BISER Secretary TANCRED MILLER NORTH CAROLINA Director Environmental Quality August 5,2024 Richard and Cynthia Lovelace PO Box 1078 Chocowinity,NC 27817 Dear Mr. and Mrs. Lovelace: This letter is in response to your comments received by the DCM Washington office on April 10, 2024, concerning the Coastal Area Management Act(CAMA)permit application submitted by Cotton Patch Holding LLC. to the N.C. Division of Coastal Management(DCM)requesting authorization to expand an existing marina, in Chocowinity,Beaufort County. The Coastal Area Management Act permit review process involves a coordinated multi-agency review of each permit application,with all review agency and public comments considered by the Division before final action is taken. In this case,no inconsistencies with the Coastal Area Management Act were identified. Consequently,the Division of Coastal Management(DCM) issued CAMA Permit No. 84-24 for the proposed activity on August 5, 202. A copy of the Major Permit is enclosed for your reference. If you wish to contest our decision,you may file a request for a Third-Party Appeal pursuant to N.C.G.S. 113A-121.1(b). The hearing request must be filed with the Director,Division of Coastal Management, in writing and must be received within twenty(20)days of the permit decision. The Chair of the Coastal Resources Commission will consider the case and determine whether to grant your request. More information about this process as well as the forms are available on DCM's website, here: hgps://deq.nc.gov/about/divisions/coastal- manay,ement/coastal-mana eg ment-permits/variances-appeals. If you have any questions,you can contact me at 252-515-5416 or Gregg.Bodnar@deq.nc.gov. Sincerely, Gregg Bodnar Major Permits Coordinator Enclosure CC: DCM Files Christy Goebel, DCM North Carolina Department of Environmental Quality I Division of Coastal Management tr�10­ Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557 NOHI}1 A-EQ om.m��wr mamma^„o^=� 252.515S400