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HomeMy WebLinkAbout20240067 Ver 1_DCM Permit_20240403Permit Class NEW Permit Number 36-24 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 Hatch Irrevocable Trust, PO Box 363, Pine Grove Mills, PA 15668 Authorizing development in Dare County at adj. to man-made canal off Pamlico Sound, at 0 Cardinal St., in Frisco , as requested in the permittee's application submitted 12/14/23 (PA-1241), including attached workplan drawings (2), Sheets 1,2 of 2 both dated "Rev 12/13/23" This permit, issued on April 3, 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. Observation Pier with Kayak Launch 1) This permit authorizes only the piers, platform, kayak launch and canal span, 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 observation pier and kayak launch 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 kayak launch 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 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 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 April 3, 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 Hatch Irrevocable Trust ADDITIONAL CONDITIONS Permit No. 36-24 Page 2 of 3 3) Any portion of the permitted access pier or other structure 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)] 4) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical navigational clearance of 6 feet, as measured from the normal water level to the lowest portion of the pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 12 feet within the centerline of canal with secondary minimum horizontal navigational clearance of 5 feet at the edges of the canal. [07H .0208(a)(2)(G); 07J .0209(a)] 5) 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)] 6) This permit does not authorize any formalized boat slips. [071 .0202(c)] 7) 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)] 8) 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)] NOTE: The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. It is recommended that the permittee consider decking materials and deck spacing that allow light to penetrate to the water's surface. Sedimentation and Erosion Control 9) 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)] 10) 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 11) 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)] 12) 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)] Hatch Irrevocable Trust ADDITIONAL CONDITIONS Permit No. 36-24 Page 3 of 3 13) 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)] 14) 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-2024-00075). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certifications 4497 and 4499 and assigned the project DWR Project No. 2024-0067. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 621-6450 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $250 was received by DCM for this project. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Hatch Irrevocable Trust 0 Cardinal Street Frisco, NC 27936 cliftonhatch@sprynetcom NORTH CAROLINA Environmental Quality 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(a),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 I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with N.C.G.S. Chapter 150Bwith 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 interestedparty may submit an objection to the issuance of this permit within twenty (20) days pursuant to N.C. G. S. 113 A-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 yvonne.carver@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 D EQ �� Office Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Oce 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 NORTH CAROIJNA - OepadmeMolEnWranmenWWall� 252.808.2808