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HomeMy WebLinkAboutDCM 26-24 Mccormick Horrace Permit Class Permit Number NEW 26-24 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 Horace McCormick, 275 Crown Point, Sanford, NC 27332 Authorizing development in Pamlico County at adj. to Little Pasture Creek, at 407 Point of View Dr., in Merritt, as requested in the permittee’s application submitted (PA-1159) on 8/24/23, including attached workplan drawing (2), Pages 1 and 2 both dated 8/4/23. This permit, issued on February 19, 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 fines, civil action; or may cause the permit to be null and void. Boat Ramp Extension 1) Unless specifically altered herein, this permit authorizes the extension of the existing boat ramp with hog slat concrete sections, as indicated on the attached workplan drawings. \[07J .0202(c)\] 2) The boat ramp shall moved into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. \[07H .0208(a)(2)(B)\] 3) Placement of fill materials below normal water level shall be limited to the ramp structure. \[07H .0206\] (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. February 19, 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 Horace McCormickPermit No. 26-24 Page 2 of 3 ADDITIONAL CONDITIONS 4) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. \[07J .0202(c)\] 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: The permittee is strongly urged to implement and/or utilize appropriate protective measures to limit and contain turbidity to ensure that this valuable fisheries habitat is not adversely impacted. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. \[07H.0209(d)(4)\] 7) 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. \[07H.0209(d)(4)\] USACEConditions \[G.S. 113-229(a); G.S. 113A-107(a)\] 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General 9) 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. \[07H.0208(a)(2)(B)\] 10)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. \[07K.0406(b)\] 11) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. \[07J.0209(a)\] 12)All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. \[07H .0208(a)(2)(A)\] Horace McCormickPermit No. 26-24 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 N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4501 (DWR Project No. 2023-1346). NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit No. 198000291 (Action ID SAW-2024-00322). 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) Neuse 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.