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Home My WebLink About44170_RIVERS EDGE COMMUNITY ASSOCIATION_20060210LCAMA / J'DREDGE & FILL `I GENERAL PERMIT Previous permit# New ❑Modification I-] Complete Reissue ❑Partial 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 NCAC d{` "I - [Rules attached. Applicant Name k I Vc-wl-a 4AA Ed i i / si .z .a _Project Location: County `�� Ac", !-IV C i" Address Ply wy 17 S Street Address/ State Road/ Lot #(s) City , ,-44xr iYAwk State ZIP °%Crr. � s� �r;�e.< � a`' .' `'r-z._ �f✓` /o2 v2 Phone # ( ) /;-C-1V Fax # (—) Subdivision / �F yef ' w as Authorized Agent J'ew= r~ �a e ;l �S City 2a ZIP E �; `�, ,- F ❑ CW ❑}EW N PTA DES ❑ PTS Phone # ( ) River Basin PA sue' -f t-n! 'Lt Affected ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Ad' Wtr. Body / �' t �.r ��• (v < nat /man /unkn) AEC(s): y e' a ,,, i ❑ Pws: ❑ Fc: j f Closest Maj. Wtr. Body,AILL' (:- 3 ORW: yes / ;np PNA yes Crit. Hab. yes Type of Project/ Activity r (Scale: •�., �_., .� Pier (dock) length -, -- - I -- Platform(s) Finger pie� , � — --� i—, rs) I I`7� _ — Groin length f >�w number I I I. I.� I i I I ' � 1 +° � - $1 Bulkhead/f length � � ', < �;—_ 1 '•_ - � I �I__.._ I i �I_� I , _ I I ;.� 1 ;-- a-� 1 --� I ►�_ - -��.. av distance offshore-J---- g max distance offshore Basin. channel -� I� -� - - �_ . I I cubic yards r^ ' T �' hyi'a- • I Boat ramp Boathouse/ Boatlift �- _ _ A -- - - +� Beach Bulldozing Other ,a,.. 9 ��•6fr .7..a. y3../�e; ..�' ,,"rra,t`l— I I.._P ' -- ,°w`--T--�,-� xi�l'-d`°.�;,,Q _• ,RrdPs'9d Ij�' r.JC�Nt;.: � � I~ ._ i ; _ i � ._I I ` _� -- - - - I Shoreline LengthSAM not sure yes no. Sandbags: not sure yes no - - - p Moratorium: 1' yes no T Photos: {'ges�r no I _ Waiver Attached: yes Cno P' A building permit may be required by: lt'ert c-'i l_� ��a ❑ See note on back regarding River Basin rules. _.� F �..:-q tip _ _.• �•„3.�sy..�• - lr Notes/ Special Conditions a f o Agent or Applicant Printed Name �-a 3• S,gnatr�urje `y" �`� Please.Fead compliance statement on back of permit'��` Permit Officer's Signature Ar' ii c, h Issuin Date yy Expira ,on Date - ,a .y ^`.ta••�c°s`�`i^4 r 'g" ��' � �.ac . y'� i.,J � � a�� Local 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, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - 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 (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 400 Commerce Ave Morehead City, NC 28557 202-808-2808/ 1-888-4RCOAST 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 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Orslow -below New River Inlet- and Pender Counties) Revised 06/29/05 �00� AiLAr. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary ebruary 15, 2004 f�LL, L Bob and Jean Burnop 100 Falcon's Cove f-CQ 2 1 2006 Moyock, NC 27958 Re: Objection to the Issuance of CAMA GniaY'mit No. 44179-A for a shoreline stabilization Development Project, on the Currituck Sound, Curituck County Dear Mr. and Mrs. Burnop: This letter is in response to your objection as an adjacent riparian property owner to a permit request from Jeff Shields, an agent for the Rivers Edge Community Association, for shoreline stabilization work in the Rivers Edge Common Area of the Rivers Edge subdivision along the Currituck Sound, in Currituck County. Mr. Frank Jennings, of the Division of Coastal Management staff, was recently on site to evaluate the permit applicant's request.. . The permit applicant has requested a permit to place approximately 60 feet of riprap along an eroding section of the shoreline, and to remove another section of riprap from an already protected area for restoration to a natural sandy beach area. Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for General Permits for this type of development that are found in 15A NCAC 07H .1100. You have notified the Division of Coastal Management of your objections to this proposed development by hand delivering a letter dated January 30, 2006, to this office on that same date, and voicing your objections to Mr. Frank Jennings of this office at that time. Your objections to this proposed development related to: ■ Questioning a risk of resumed erosion in the area where the riprap is to be removed. ■ Challenging the creation of a public beach where none exists at present. ■ Questioning the exact location of the proposed development ■ Raising a conflict of interest question over the Rivers Edge Community Association Board's selection of contractor ■ Raising safety issues related to children on a beach in the vicinity of a boat ramp where vessels will be operating, and where the bottom is alleged to have broken glass and sharp metal objects. Raising concern for safety of the children on the beach area from vessel activities that may ensue once a pier is constructed on your property. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 30% Post consumer Fiber Paper Bob and Jean Burnop February 15, 2006 Page 2 ■ Raising concern that your request for a pier permit would not be approved because of the proximity of the proposed beach. Mr. Frank Jennings has reviewed your objections, along with all aspects of this development proposal for consistency with the aforementioned Rules, which describe the CRC's standards and guidelines for this type of development. Our review of the proposed development has found it to be consistent with these Rules. Your objections concerning renewed risk of erosion in the beach area once riprap is removed, and the creation of a new beach area do not bar issuing of this Permit. Erosion of shorelines is a natural process, and waterfront property owners have no obligation under State or federal laws to stabilize these shorelines. Choosing to not protect a section of shoreline to improve public access to the water is acceptable. Increasing public access to the waters of the State is one of the management objectives of CAMA and the CRC. Your objection to the lack of clarity to the notification of the proposed development does not bar the issuance of this Permit in that the precise location of this proposed development does not trigger any additional restrictions from the Rules of the CRC related to shoreline stabilization matters. Your objections related to conflict of interest and safety matters are issues that should be addressed by the Rivers Edge Community Association. Safety concerns may be. valid, but exist along all of the waterways of the State, and are handled through management and operational controls put in place by the adjoining property owners and associations. Your concern over the denial of a Permit request for a pier on your adjoining property based on the presence of an adjoining beach area is not valid. The decision on whether to issue a Permit for a pier on your property will be evaluated based on the Rules of the CRC, which only require that piers on adjoining property not constitute unreasonable interference with other's use of the water. Mr. Jennings has discussed your concerns over this development with the Permit applicant, and addressed the clarity issue by depicting measurements on the Permit face. The request for removal of 20 feet of riprap was reduced to 10 feet, and the applicant agreed to not removing riprap within 10 feet of your property line to allow existing riprap to continue to protect your adjoining shoreline from erosion. After having given careful consideration to your objections to this proposed development, we have determined that it is consistent with the Rules of the CRC and the State's Coastal Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of Coastal Management issued General Permit No. 44179-A on February 10, 2006, (copy attached) for the proposed development. Bob and Jean Burnop February 15, 2006 Page 3 If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form with the Director of the Division of Coastal Management within 20 days of the permit issuance date. If you choose to pursue an appeal, please contact this office so that we can provide you with the appropriate forms and addresses. If you have any further questions regarding this matter, please do not hesitate to contact Mr. Frank Jennings, or me, at this office. Sincerely, Ted Sam son District Manager Northeast District TS/yc cc: Frank Jennings, Division of Coastal Management, Elizabeth City, NC Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC Jeff Shields, Agent for Rivers Edge Community Association, Kitty Hawk, NC