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