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HomeMy WebLinkAbout20231523 Ver 1_DCM Permit_20240207 (2)Permit Class MODIFICATION/MAJOR Permit Number 44-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Taylors Creek Group LLC., 709 Parkridge Dr., Clayton, NC 27527 Authorizing development in Carteret County adj to Taylors Creek, at 326 Front Street, in Beaufort , as requested in the permittee's application submitted electronically (PA-1219) on 10/26/23 including attached workplan drawings (2), Moonrakers dtd 10/26/23 and 2018 Aerial dtd 10/11/23. This permit, issued on February 7, 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. Docking Facility Reconfiguration 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. 2) No permanent portion of the docking facility shall extend waterward into the U.S. Army Corps of Engineers channel setback. The floating structure authorized within the U.S. Army Corps of Engineers channel setback shall be removable per U.S. Army Corps of Engineers specifications. (See attached sheets for additional conditions) 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 February 7, 2029 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 DEQ and the Chair of the Coastal Resources Commission. for Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Taylors Creek Group LLC. Permit No. 44-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes a maximum of three (3) formalized boat slips. [07J .0202(c)] 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. [07H .0208(b)(6)(I)] 5) 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. [G.S. 113-229(a)] As -Built Survey 6) An as -built survey shall be performed on the docking facility and show the U.S. Army Corps of Engineers setback and associated delineations, and copies of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 30 days of completion of construction of these portions of the project. [G.S. 113A-120(b)] 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 Major Modification shall be attached to the original Permit No. 137-11, which was issued on 11/17/11, as well as all subsequent renewals, refinements, and modifications, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 11) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. [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, including but not limited to any Certificate of Appropriateness from the Beaufort Historic Preservation Commission. Taylors Creek Group LLC. Permit No. 44-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4497 (DWR Project No. 2023-1523). NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2019-00593). NOTE: An application processing fee of $400 was received by DCM for this project.