Loading...
HomeMy WebLinkAbout30527_MCNAMARA, WALTER_20011204L-1 CAMA DREDGE & FILL GENERAL PERMIT Previous permit # L7New LIModification L7Complete Reissue LIPartial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A N&C21L 2 0c) E] Rules attached. Applicant Name OJ�E11 t Yl C 0 a mo re, Project Location: County 5 (0 ­1 1` - I— F Address—, - P\ Morlom" k1l Street Address/ State Road/ Lot #(s) City -,..State t\ ZIP Phone # Fax # O Subdivision Authorized Agent rvi 12�� City —L:�- ZIP Affected El Cw U EW Ej;,"A El ES D PTS Phone# River Basin g Vic. AEC(s): El OEA E HHF El 1H El UBA ED NIA Adj. Wtr. Body C r (nat /man /unkn) ❑ Pws: DFC: ORW: yes / no PNA yes /,,—no Crit. Hab. yes no Closest Maj. Wtr. Body Type of Project/ Activity (Scale: Pier (dock) length__ Platform(s) Finger pier(s) L-J Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards x, Boat ramp Boathouse/ Boatlift '2 Beach Bulldozing w Other dL- r. Shoreline Length' ", 0i; SAM not sure yes no Sandbags: not sure yes no n/a yes n Moratorium: 0 ro r Photos: yes no qrL -K L —i VIN Waiver Attached: yes no A building permit may required by: Laver, cr, See note on back regarding River Basin rules. Notes/ Special Conditions e r—,Xi 4, 1, )ik 'ne-1 rr� k, I Agent or Applicant Prin'ted Name Signature Please read compliance statement an back of permit Application Fee(s)l Check # rf --Permit 641C-elr's Signu6re' Issuing Date Expiration Date JI/ 1,6i:al Planning jurisdiction Rover File Name Statement of Compliance and Consistency 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 or criminal or civil action; and may cause the permit to become 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) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ T - Pamlico River Basin Buffer Rules ❑ Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 15 I -B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 10/05/01 FOLEY & FOLEY CONTRACTORS, INC. 1810 OLD AIRPORT ROAD PH. 252-636-2516 P.O. BOX 3482 NEW BERN, NC 28564 3473 . 1 66-85/531 PAY DATE TO THE ORDER OF $� A= -----_-_DOLLARS 6 7 I= Centura Bank® New Bem, NC 28560 ivp II'0000 34 7 3118 1:0 s 3 100a 501:0 3 cjooL G SOUR 0 11/30/01 08:51 FAX N TO: Tracey Wheeler (Cams) Fax#: 247-3330 Date: November 29, 2001 Page#: 3 From: Foley & Foley (Sandy) Phone#: 636-2515 Customer Work Sheet Customer Name: Walter McNamara Date: November 29, 2001 Mailing Address: _710 A Madame Moores Ln. New Bern. NC 28560 Job Address: Phone: 252-634-9534 Adiacent ProRerty Owners Left Side: Frank Bender Right Side: Job Type Description Bulkhead Dock/Walkway Platform end of dock Boathouse Roof Only 12' x 24' Boatlift/j et ski Piling Ramp/Jetty Dredge_ Rip Rap_ 11/30/01 08:51 FAX 002 NOv-29-2001 a9:55 FROM BENDER BURKOT EAST COAST fu �3jt!03-2'( _b 'WAcwrRUARIAIV pROPm`i'Y 0Wm grATEWWr TA4tTS (p A A Plgle/A�t7 WW P e �� card that 1 Own ptgzM adjacent W I benby �l (Kame of Properxi Owner) p mp " kened at U N N.Ca an (Town apd/or County) (Woterbody) He hm de=ibed to me, as shown below, the des►ok)pmatt he is PmPa iftg at that IM arbd. I hive no objeet;i= to his proposAL I uoderabnd that a Octlmosrrin �ilia�tJbodtlift/bmthouse must be set back a minimum distanvo oEfifieen fat (IS') from my area uE ' prim waived by me. I 1h apt wish to waive the xtback raquirem=L T d4 wish to waive that adbatk regviremmt. DESCRIPTION ANWOR MAWING OF FROPOM ULvLLAPM'm'&= (Po be fi d in 6y lndividud PMDMxt deter Woent) >� � ';T � p1 �fSA l., Signature FRA Kd e r- J�2 Print or Type Name \� Tielephrft Nwntyer �. 2 h� �- TJiR� P.01 11/30/01 08:51 FAX FROM FAX NQ, E Nov. 29 2M1 09:0E3PM P1 AXACEM RIPARIAN PROOWNMt STATEMENT (FOR A PMRIMOORJNO PHJNG 0A7UF71B0ATH0VSJU I hereby certify that I own property ad)x=t to 1A)A1 /At )M;VA&sA4W6'a ofame of Property Owner) pivperty looted at an 1 RFLu` R, -0 sri . in 4J PeAu41i N.C. (Watebody) {Town and/or Cuunty) He has described to men as shown below, the devetopn=t he is prvpce tg at that Iccadoa0 and, I have no objections to his proposal. f undaratand that a piertmooft must be set back a minimum distanca of fife ► feet (15') from my area of riparian suss unless waived by me. I Wish to waive the setback requirement. I A4 wish to waive that setback requirement. DESCRIMON ANDtOR DRAWING OF FRGK*ED DEVEL O MEN T: (To be JW#d in by bdWud pmpo ing devrkpmeni) o� cQ�4� T h� pL 5iT0 G'"Cf 1 J;001 4,4(.r u -'r Print or Tie Name 952 6-9 ;�: S � Tatepbow Number Date: ��? o SECTION .1200 - GENERAL PERN11T FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN ESTUARINE AND PUBLIC TRUST WATERS 15A NCAC 07H .1201 PURPOSE This permit will allow the construction of new piers, docks; and boat housein the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in Subchapter 7J .1100 and according to the following guidelines. This permit will not apply to the Ocean Hazard AEC. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984. 15A NCAC 07H .1202 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and complete an application form requesting approval for development. The applicant shall provide information on site location, dimensions of the project area, and his name and address. (b) The applicant must provide: (1) confirmation that a written statement has been obtained signed by the adjacent riparian propertyowners indicating that they have no objections to the proposed work: or (2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice shall instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff shall review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant shall be notified that he must submit an application for a major development permit. (c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the applicant shall be provided a copy of this Section. (d) Construction must be completed within 90 days of the approval of the permit or the permit expires. (e) Any modification or addition to the approved project shall require prior approval from the Division of Coastal Management History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 1134-124; Eff. March 1, 1984; Amended Eff. August 1, 1998; January 1, 1990. 15A NCAC 07H .1203 PERNUT FEE The applicant must pay a permit fee of one hundred dollars ($100.00) by check or money order payable to the Department. History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124; Eff. March 1, 1984; Amended Eff. August 1, 2000; March 1, 1991. 15A NCAC 07H .1204 GENERAL CONDITIONS (a) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not provide either leased or rented docking space or any other commercial services. Piers designed to provide docking space for more than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major permitting process and, therefore, are not authorized by this general permit. (b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of this general permit is in accordance with the terms and conditions prescribed herein. __J (c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers, docks and boat houses. (d) This permit will not be applicable to proposed construction where the Department believes that the proposed activity might unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation or recreation values. identified in G.S. 113A-102 and G.S. 113A-I 13(b)(4), nor that might significantly affect the quality of the human environment. (e) This permit does not eliminate the need to obtain any other required state, locaL or federal authorization. (f) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines, and local land use plans current at the time of authorization. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff' Mqv 1, 1990; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August], 1998; July 1, 1994. 15A NCAC 07H .1205 SPECIFIC CONDITIONS (a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the normal high water line, or the normal water level, whichever is applicable. (b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same shoreline for similar use. This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public. The length of piers shall be measured from the waterward edge of any wetlands that border the water body. (c) Piers longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot at each 100 foot increment of pier length longer than 200 feet. or if the additional length is necessary to span some obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. (d) Piers and docks shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. (e) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width shall be considered either a "T" or a finger pier. (f) Any portion of a pier (either fixed or floating) greater than six feet wide shall be considered a platform or deck. (g) "T"s. finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not exceed a combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed four square feet per linear foot of shoreline. (h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands. (i) Boathouses shall not exceed 400 square feet and shall have sides extending n&rther than one-half the height of the walls and only covering the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. 0) Areas enclosed by boat lifts shall not exceed 400 square feet. (k) Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed but shall not be designed to allow- second story use. (1) Pier alignments along federally maintained channels must also meet Corps of Engineers regulations for pier construction pursuant to Section 10 of the Rivers and Harbors Act. (m) Piers. docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body. human -made canal or basin. Measurements to determine widths of the water body, human -made canals or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not applywhen t*posed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed pier shall not be longer than the pier head line established by the adjacent piers, nor, longer than Ir the width of the water body. (n) Piers. docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before construction of the pier commences. the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any development of the pier, dock, or boat house. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Application of this Rule may be aided by reference to the approved diagram in Paragraph (q) of this Rule illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable. (o) Piers, and mooring facilities shall be designed to provide docking space for no more than two boats. (p) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. (q) The diagram shown below illustrates the various shoreline configurations. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. December 1, 1991; May 1, 1990; ,March 1, 1990; RRC Objection due to ambiguity Eff. March 18, 1993; Amended Eff. August 1, 1998; April 23, 1993.