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HomeMy WebLinkAbout27042_OCEANFRONT COURT & GAGNON, DAVID_20010105CAMA and DREDGE AND FILL N° 27042 P E R M I T 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 15 NCAC u-1 4. ttg7c---> Applicant Name neai, j� lz (:k) ��� C� (���� Phone Number Address ? c) . k � city Zi'E4— `PAT_, State �� zip 5 Project Location (County, State Road, Water Body, etc.) rl�a;;;` %• M (tf ©F'�= fh.c::�r . 5� IN �•tz� �iert-� . Type of Project Activity 106,0KA- '= I (5 f TT- of ?C- uJATE�`ice car ['x TT, c u3 Cs PROJECT DESCRIPTION Pier (dock) Length SKETCH �—I F _..! ;.. _ ... ... ,..t.,.... M.w ......_....._ (SCALE: .......... ... i ) Groin Length number 'C._ ......... ...._.. .._ .. _� `, 4,4 .__ ,........ . ._. Bulkhead Length 5 Fr distance 1 l IQ� max. offshore_411 , ? Basin, channel dimensions._.... ice. cubic yards 1 1 F Il5 f Boat ramp dimensions I ..._ Other F , m. ...•�FSr[I:FQ ._ ......._.._. _ m E 1 �. t t F` M.�...-.- .......�...,.y.� 7 ........ m..m , F 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 become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project 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. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature permit officer's signature 5 �RtS • t7 l � � . c� ! issuing date expiration date attachments application fee NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT January 8, 2001 JAMES"B. HUNT.JR. '. GOVERNOR � Oceanfront Court C/o David Gagnon P.O. Box 26 'BILL HOLMAN ECRETARY �+ 7�7/-� p �7 falter Path, 1V1. 205 /5 1'.w �-If Dear Mr. Gagnon : Attached is General Permit #C-27042 to install 115 ft. of rock rip rap immediately waterward of existing bulkhead in Carteret County adjacent to Bogue Sound at Oceanfront Court MHP off Hwy 58 in Salter Path. In order to validate this permit, please sign all three (3) copies as indicated. Retain the white copy for your files and return the yellow and pink signed copies to us in the enclosed, self- addressed envelope. Your early attention to this matter would be appreciated. Sincerely, all tin M. Scott Jones .- Coastal Management Representative MSJ/src Enclosures MOREHEAD CITY OFFICE HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557 PHONE: 252-808-2808 FAX: 252-247-3330 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS 15A NCAC 07H .1101 PURPOSE This permit will allow the construction of bulkheads and the placement of riprap for shoreline protection in the public trust waters and estuarine waters AECs according to authority provided in Subchapter 7J A 100 and according to the following guidelines. This permit will not apply to shoreline protection within the ocean hazard AEC. Histon,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 .1102 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 property owners 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 should 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 ten days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments and determine, based on their relevanceto the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the continents are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. (c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division of Coastal Management representative so that the proposed bulkhead alignment can be appropriately marked. Written authorization to proceed with the proposed development may be issued during this visit. Construction of the bulkhead or riprap structure must begin within 90 days of this visit or the general authorization expires and it will be necessary to re-examine the alignmeab determine if the general authorization can be reissued. Historv.Vote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. January], 1990; December], 1987. 15A NCAC 07H .1103 PERMIT FEE The applicant must pay a permit fee of one hundred dollars ($100.00) by check or money order payable to the Department. Historv.Vote: 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 .1104 GENERAL CONDITIONS (a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming to the standards herein. (b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no significant interference with navigation or use of the waters by the public by the existence of the bulkhead or the riprap authorized herein. (d) This permit will not be applicable to proposed construction where the Department has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality; coastal wetlands: cultural or historic sites; wildlife; fisheries resources; or public trust rights. (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 rules, and local land use plans current at the time of authorization. History Note: AuthorityG.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984, Amended Eff. May], 1990, December], 1987; RRC Objection due to ambiguity Eff.May 19, 1994; Amended Eff. August 1, 1998; July 1, 1994. 15A NCAC 07H .1105 SPECIFIC CONDITIONS (a) This general permit is applicable only along shorelines void of wetland vegetation including marsh grass and wooded swamp, or where all construction is to be accomplished landward of such vegetation. (b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must be positioned as follows: (1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet watem',ard of the mean high water mark, or the normal water level contour, whichever is applicable. In no case shall the bulkhead be positioned more than 5 feet waterward of the mean high water or normal water level contour at any point along its alignment. (2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high watermark or normal water level contour at any point along itsalignment. This location standard also applies to riprap proposed waterward of the existing bulkheads. (c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high water mark or the normal water level contour, whichever is applicable. In no case shall the bulkhead or riprap be positioned more than 10 feet waterward of the mean high water or normal water level contour at any point along its alignment. For the purpose of these Rules, the Atlantic Intracoastal Waterway (AIWW) is considered a natural shoreline and development must occur as described in 7H A 105(b). (d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500 feet. (e) All backfill material shall be obtained from an upland source. (f) The bulkhead must be constructed, or the riprap must be in place prior to any backfrlling activities. (g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfill materials through the structure. (h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. 0) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. (k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the canal or basin. (1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having jurisdiction. This plan must be approved prior to commencing the land -disturbing activity. 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; January 1, 1989; December 1, 1987. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28401 -16-01-035 28 February 1973 Ocean Front Trailer Court P. 0. Box 26 Salter Path, North Carolina 28575 Gentlemen: In accordance with your written request dated'20 December 1972 and our Public Notice dated 4 January 1973, there are inclosed two copies of a permit to construct a. pier in Bogue Sound adjacent to Ocean Front Trailer Park at Salter Path, Carteret County, North Carolin. You should acknowledge that you accept the terms and conditions of the attached permit by signing each copy in the space provided ("Permittee" on page 4). All pages of both copies of the signed permit should then be returned to this office for fLn«1 r.uthorization. For your convenience, a self-addressed envelope is inclosed. After the permit is authorized in this office, the original copy will be returned to you; the duplicate copy will be retained in this office for our file. Sincerely yours, 2 Incl W. H. SANDERSON 1. Permit (2 cys) Chief, Construction -Operations Division 2. Envelope Copy furnished w/o incl: Field Rep to the Secretary US Dept of the Interior, SE Region 404 Financial Services Bldg. 148 Cain Street, N. E. Atlanta., Georgia 30303 SAWFL-73 18 May 72 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28401 SAWKS (Permit No.SAWKS73-16-01-035 Ocean Front Trailer Park P. 0. Box 26 Salter Path, North Carolina 28575 Gentlemen: 5 March 1973 In accordance with your written request dated 20 December 1972 and our Public Notice SAINKS73-16-01-035 dated 4 January 1973, there is inclosed a permit authorizing you to construct a pier in Bogue Sound adjacent to Ocean Front Trailer Park at Salter Path, Carteret County, North Carolina. If any material changes in the location or plans of the structure or work are found necessary on account of unforeseen or altered conditions or otherwise, revised plans should be submitted promptly to the District Engineer in order that these revised plans, if found unobjectionable, may receive the approval required by law before construction is begun. Your attention is called to condition (in) of the inclosed permit which requires the permittee to notify this office relative to the commencement and completion dates. The inclosed Notice of Authorization must be conspicuously displayed at the site of the work. Sincerely yours, Q 2 Incl BE'T C. 6O9TAN20 1. Permit olonel, Corps of Engineers 2. ENG Form 4336 District Engineer Copies furnished w/o incls: N. C. Dept of Natural & Economic Resources Director, Atlantic Marine Center. Office of ;later and Air resources National Ocean Survey, NOAA P. 0. Box 27687 ATTN: CAM04, 439 W. York St. Faleigh, NC 27611 Norfolk, Virginia 23510 SAWFL-74 -1r. Jim Bro�,m, NC Div of Com' l & Spts Fisheri, 4 May 72 P. 0. Box 769, Morehead City, NC 23557 17/cy incl 1 u DEPARTMENT OF THE ARMY PERMIT Wilmington District, Corps of Engineers Permit No. SAWKS73-16-01-035 Wilmington, North Carolina 28401 Ocean Front Trailer Park P. 0. Box 26 Salter Path, North Carolina 28575 Gentlemen: Referring to written request dated 20 December 1972 and our Public Notice SAWKS73-16-01-035 dated 4 January 1973 upon the recommendation of the Chief of Engineers, and under the provisions of Section 10 of the Act of Congress approved March 3, 1899 (33 U.S.C. 403), entitled "An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," you are hereby authorized by the Secretary of the Army to construct a pier (Here describe the proposed structure or work and its intended use, including, in the case of an application for a fill permit, a descrip- tion of the structures, if any, proposed to be erected on the fill.) in Bogue Sound adjacent to Ocean Front Trailer Park (Here to be named the river, harbor, or waterway concerned.) at Salter Path, Carteret County, North Carolina. (Here to be named the nearest well-known locality --preferably a town or city --and the distance in miles and tenths from some definite point in the same, stating whether above or below or giving direction by points of compass.) in accordance with the plans and drawings attached hereto (On drawings: give file number or other definite identification marks.) "Proposed pier" 20 December 1972, 3 sheets. subject to the following conditions: ENG Form 1721-R 25 May 70 Previous editions are obsolete OCEAN FRONT TRAILER COURT (a) That this instrument does not convey any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining State or local assent re- quired by law For the structure or work authorized. (b) That the structure or work authorized herein shall be in accordance with the plans and drawings attached hereto and construction shall be sub- ject to the supervision and approval of the District Engineer, Corps of Engi- neers, in charge of the District in which the work is to be performed. (c) That the District Engineer may at any time make such inspections as he may deem necessary to assure that the construction or work is per- formed in accordance with the conditions of this permit and all expenses thereof shall be borne by the permittee. (d) That the permittee shall comply promptly with any lawful regula- tions, conditions, or instructions affectino the structure or work author- ized herein if and when issued by the Environmental Protection Agency and/or the State agency having jurisdiction to abate or prevent water pollu- tion, including thermal or radiation pollution. Such regulations, conditions or instructions in effect or hereafter prescribed by the Environmental Protection Agency and/or the State agency are hereby made a condition of this permit. (e) That the permittee will maintain the work authorized herein in good condition in accordance with the approved plans. (f) That this permit may, prior to the completion of the structure or work authorized herein, be suspended by authority of the Secretary of the Army if it is determined that suspension is in the public interest.* (a) That this permit may at any time be modified by authority of the Secretary of the Army if it is determined that, under existing circum- stances, modification is in the public interest.* The permittee, upon receipt of a notice of modification, shall comply therewith as directed by the Secretary of the Army or his authorized representative. (h) That this permit may be revoked by authority of the Secretary of the Army if the permittee fails to comply with any of its provisions or if the Secretary determines that, under the existing circumstances, such action is required in the public interest.* (i) That any modification, suspension or revocation of this permit shall not he the bads for a claim for damages against the United States. (;j) That the United States shall in no way be liable for any damage to any structure or work authorized herein which may be caused by or result from Future operations undertaken by the Government in the public interest.* 2 ENG Form 1721-R 25 May 70 OCEAN FRONT TRAILER COURT (k) That no attempt shall be made by the permittee to forbid the full and free use by the public of all navigable waters at or adjacent to the structure or work authorized by this permit. (1) That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. (m) That the permittee shall notify the District Engineer at what time the construction or work will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of its completion. (n) That if the structure or work herein authorized is not completed on or before 31 day of December , 1976 , this permit, if not previously revoked or sped ically extended, shall cease and be null and void. (o) That the le,*al requirements of all Federal agencies be met. (p) That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require action by the Congress or other agencies of the Federal Government. (q) That all the provisions of this permit shall be binding on any assignee or successor in interest of the permittee. (r) That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Registrar of Deeds or other appropriate offi- cial charged with the responsibility of maintaining records of title to and interests in real property. (s) That the permittee agree to make every reasonable effort to prose- cute the construction or work authorized herein in a manner so as to minimize any adverse impact of the construction or work on fish, wildlife and natural environmental values. (t) That the permittee agrees that it will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water gUality. ENG Form 1721-R 3 25 May 70 OCEAN FRONT TRAILER COURT *A judgment as to whether or not suspension, modification or revocation is in the public interest involves a consideration of the impact that any such action or the absence of any such action may have on factors affect- ing the public interest. Such factors include, but are not limited to, navigation, fish and wildlife, water quality, economics, conservation, aesthetics, recreation, water supply, flood damage prevention, ecosystems and, in general, the needs and welfare of the people. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 5 .-larch 1973 l Date ALBERT C. COSTANZO fColonel, Corps of Engineers 1 District Engineer PERMITTEE HEREBY ACCEPTS THE TERMS AND CONDITIONS OF THIS PERMIT - OCEAN FRONT TRAILER COURT By. Signature of Permittee Date 4 (TITLE) ENG Form 1721-R 25 May 1970 Previous Editions are Obsolete JE '"C" '-ND obbie 1'renton P . C . F:)'C%X 26 C. Fat T C. 26575 De- ce-nib er 20 1 �72 ' Fr'0170 rd 1'.'LGT' E ale : 1 inch = 5C N. FS -- xi:tinf; 3u7.1 7-ad M1414vJ 4.0 t �_—----------' 3otitr;amp _ '� Property of: I +z. � ;o William S� i th —" 7025 Spaniel Rd. of: I,la __ - " - _ ��^..-•�............._ `, r� Springfield, Va. � J (.I ^. i. i ?% � i .._ ..� _^ A i)ha7.t T)r•i-rt> r m `. r1 ii 1.11: i71 d � t - M1:u U! Ml1uf i=k1 :TONG i OT'rOhA 1A.It.l4.vi 1V\. 1-l. W. t= r, I v t IQ c:,. iw.-r 11_ cxl-"r10(- �1( lN!1, I�0G-KNC- ij itl :fl Qor Io -a q RE A U I , \04" iw L "w pl. c'I"Itif ULIOTT h hu U a 1;' C r ir NEWPORT v ... x Mull cal. T. 1 WP I A' L Ult'll.AF(I ---- ----- T VV I 101 till 70 1 y l! V E IAC UAG IELS V1.0 11 f J— R G i ITS al (�' M01 t.E - 7 -1EA 1) 1: AUF OH T� IF \I) 41� C y L I 211 1 L cr T 3EAU i r 01 3 LIN Lk /V Q 7 U r3 A K WCK Pull,( '04 ATLANTIC BEAC. /B ON S1'fA11F 11 P101 L 1�2i J 1 IS L. �26) T., !�Ut Ls L Pro'vo sed 'w0'r'1>*': Site Oceanfront Court Hurricane Ophelia Pictures 09/20/05 Oceanfront Court P.O. Box 26, Hwy. 58, Lot *0-30, Salter Path, NC 28575, (919) 247-3614 September 21, 2005 State of North Carolina N. C. Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Dear LAMA, In response to your generous September 15, 2005, letter offering emergency general permits for repairs to damage caused by Hurricane Ophelia, we are providing this request for said permits. Our business received site damage to a sound side pier and a sound side bulkhead located on Bogue Sound in the Town of Indian Beach. The pier, permitted in 1973, received extensive structural damage to 120 feet of its 150-foot walkway from floating debris and wave action. That section has to be rebuilt. The east side bulkhead lost approximately 25 % of the granite rip rap, permitted in 2001, on the entire length of the 115-foot rip rap section. The rip rap was swept away by wave action from the incline and is buried in the sand. This rip rap needs to be replaced. Again, thank you for the generous offer and your Division's timely response. Regards, David C. Gagnon Resident Manager