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HomeMy WebLinkAbout7591_LYONS, DANNY_19901219DT��i ;. 7591,4 CAMA AND DREDGE AND FILL '- ' GENERAL JAN ® "1 PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Developmenld,the C s�Resources Commission in an area of environmental concern pursuant to 15 NCAC ' /�� Applicant Address City ProjecUc Type of Project Activity f a t�J 0 0 PROJECT DESCRIPTION SKETCH �5 (SCALE: Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions �0 o ? OAT-" b( F!T M.A. i RE f 1 „­J1 L SP I Other &T , `A, , G A W M,We T )t w t f 1 CTf"'rV G ,Vw 1 �1�+ I This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. -p l 9 q0 issuing date attachments ` f k . ( a-0 0 applicant's signature permit officer's signature 3 `, 1 h expiration date In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee do"!E_ Management Program. a -, d 57A4 �r. AU61 6 1991 ��i State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W Cobey, Jr., Secretary August 13, 1991 Ms. Ann S. Ehringhaus P.O. Box 206 Ocracoke Island, NC 27960 Dear Ms. Ehringhaus: Roger N. Schecter Director Thank you for your letter regarding the ongoing development on the Lyon's property adjacent Silver Lake in Ocracoke. I have discussed your concerns with Division of Coastal Management staff familiar with the development and characteristics of the site. I have learned that the coastal wetlands were first delineated on October 22, 1990. Since then, the site has been revisited and the wetland delineation reevaluated six different times. The original delineation has been verified during each site inspection. I have determined that the wetland line established on the Lyon's property was made according to accepted procedure and is accurate. Residential development is a permittable use within the Estuarine Shoreline Area of Environmental Concern and the ongoing development is consistent with the minor development permit issued for this site. Issuance of that permit required a finding of consistency with not only the rules of the Coastal Resources Commission (CRC), but also the Ocracoke Land Use Plan. The appeal period for the minor development permit has expired; therefore, there is no way to appeal that specific decision. Furthermore, it appears that your concerns about the development at this site are broader than this one permit. They appear to question protection of transitional areas adjacent to coastal wetlands and general land use around Silver Lake. While I share such concerns for protection, they are not sufficient grounds for permit denial. There are procedures available for you and other citizens of Ocracoke to express your concerns to the CRC and affect future permit decisions. First, you can amend the Land Use Plan to P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 Ms. Ann s. Ehringhaus August 13, 1991 Page 2 specifically state what type of development can be permitted within the conservation classification. You may also petition the CRC to expand its definition of coastal wetlands to protect those areas which are contiguous to designated coastal wetlands and included in the federal definition of '404' wetlands. Finally, you may request that the CRC issue a Declaratory Ruling on the current definition of coastal wetlands and the procedures used to establish such boundaries. Should you wish to pursue any of these options, I would be happy to work further with you. I appreciate your continued interest and scrutiny of our permit decisions in your area. Although we may disagree on a specific decision, I think we are all interested in pursuing growth management for Ocracoke which will preserve the island's historical, aesthetic and environmental values. This is not an easy task and cannot be accomplished through challenges of individual permit decisions. We must broaden and balance our perspective to address local authority vested in locally elected officials, land use plans, local ordinances and management tools, as well as state permitting authority. Thank you for expressing your concern and please let me know how I can provide further assistance. RNS/li cc: William W. Cobey, Jr., Secretary, DEHNR Edythe McKinney, Assistant Secretary, DEHNR Preston Pate, Assistant Director, DCM David Griffin, District Manager, DCM Alton Ballance, Hyde County Commission Leon Mooney, Building Inspector Charles Runyon, Ocracoke