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