Loading...
HomeMy WebLinkAbout20231016 Ver 1_DCM Permit_20231102Permit Class Permit Number NEW 125-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Tyrrell County, PO Box 449, Colombia, NC 27925 Authorizing development in Tyrrell County at adj. the Scuppernog River, at Scuppernog River Park, in Colombia, as requested in the permittee’s application submitted electronically (PA-1087) on 6/21/23, including attached workplan drawing (2), Drawing 1 of 3 dated 7/29/21, and Figure 2 dated 3/20/19. This permit, issued on October 31, 2023 , 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, or civil action; or may cause the permit to be null and void. 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 October 31, 2028 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DE Q and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Docking Facility Expansion 1) This permit authorizes only the platform, mooring pilings, 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, may become a permanent part of this facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. {07J.0202(c) & 07H.0208(a)(1)} 2) This permit authorizes a maximum of two (2) formalized boat slips. {07J.0202(c)} 3) The authorized structures 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)} (See attached sheets for Additional Conditions) Tyrell County Permit No. 125-23 Page 2 of 2 ADDITIONAL CONDITIONS 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the docking facility 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)} 5) 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)} 6) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. {07H.0208(a)(2)(G) & G.S.113A-229(a)} NOTE: The permittee is advised that the authorized development is within an Anadromous Fish Spawning Area. Pile driving should begin gradually increasing levels of noise to allow for the avoidance of potential impacts to anadromous fish. General 7) 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)(B)} 8) 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. {07K.0406(b)} 9) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. {07J.0209(a)} 10) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. {07J.0209(a) & G.S.113A-120(b)} 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 N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4501 DWR Project No. 2023-1016. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit No. 198000291 (Action ID SAW-2023-01513). NOTE: An application processing fee of $250 was received by DCM for this project. Tyrrell County 108 Water Street Columbia, NC 27925 dclegg@tyrrellcounty.net 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 subject to the conditions shown on the permit. The original (buff-colored form) is retained by you and must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office by mail or email a scanned copy to dcm.mhc.admins@ncdenr.gov. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or to any of its conditions, you may request a contested case hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with N.C.G.S. Chapter 150B 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. Information about this process can be found at: https://www.oah.nc.gov/hearings-division. You should also be aware that an interested party may submit an objection to the issuance of this permit within twenty (20) days pursuant to N.C.G.S. 113A-121.1(b). 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 are having the work done by a contractor, it would be to your benefit to be sure that they fully understand all permit requirements. To facilitate this, we request that you contact your DCM Field Representative via email just prior to work initiation. Your field representative contact information is ashley.grandy@deq.nc.gov. Department personnel will visit the project site to ensure compliance with this permit. 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. Sincerely, Gregory Bodnar Major Permits Coordinator N.C. Division of Coastal Management