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Home My WebLink About32792_OCEANSOUND, LLC_20030131DREDGE & FILL GENERAL PERMIT ❑New ❑Modification ]Complete Reissue --]Partial Reissue 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 Applicant Name Address City I State ZIP }. Phone #$ax # (` ) h Authorized Agent aR i 'K R,AR 1 003 Affected ❑ Cw ❑ EW ❑ PTA ❑ ES ❑ PTS AEC(s): ElOEA ❑ HHF ❑ IH ❑ UBA [IN/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no 32792 A Previous permit # Date previous permit issued El Rules attached. Project Location: County Street Address/ State Road/ Lot #(s) 1 'r Subdivision City----- _-- ZIP _- -7 r Phone # ( ) River Basin Adj. Wtr. Body i' J'.- tilt,t�nkn Closest Maj. Wtr. Body ❑ • MEANS= M■MNON= IN EM■■M■■■■■■ _ :.. ■ W- REEM■■■��■ _ m i'B■■■■■■■■■■ Na ■ ■� 1■EOI ■ _ ON i� �i L ■dli�I/I/��/�71/■/�i Emu Is M MORE ■■IJ■ ■■ ►..i�. �p�!_�.1..■ ■J■■iE■■®■ ■_ ■ �■■■ S■■■■ME■■■■■sM■J■■NOMMM INEWNEMMOMT ■■■ IH■r■ice■i■■i■■■i1■■i■■■■■■W■i■■ ® ■■N■■� ■ ... ■■■■■ !/■N■■ WE ■■■■�■■■■■■■■w�■ ■■■■►v■�■■■ .■NEMEN _ ■■■■■ ■ �I■�t�►U!J ■� ■ SOME w 1'■I�J■ - ■IIL'IiN■1[■[rrEM Agent or Applicant Printed Name Signature Please read compliance statement on back of permit * ApplicationFee(s) ' Check# 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 (252-946-648 [)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 Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST 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 151-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) www.nccoastalmanagement.net Revised 10/05/01 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary January 31, 2003 Mr. Edward Kurent g0520M c/o The Pilot House Restaurant P. O. Box 458 Buxton, NC 27920 Permit Decision for Oceansound, L. L. C., Dare County Dear Mr. Kurent : This letter is in reference to correspondence you received from Environmental Professionals, Inc., as an adjacent riparian property owner to Oceansound, L. L. C., and pre -application requirements of the Coastal Area Management Act (CAMA) Permit process. The adjacent landowner has requested the issuance of a CAMA General Permit to maintenance dredge the adjacent canal to your property. Environmental Professionals, Inc. (EPI) has been asked by your adjacent riparian neighbor to act as their agent in obtaining this permit. As a requirement of the rules for obtaining any CAMA permit, the applicant is required to notify all adjacent riparian (waterfront) neighbors of their permit request, and the scope of proposed work. To this end, EPI sent you correspondence dated December 10, 2002 to notify you of these intensions, and seeking, either a statement of `no -objection', or comments, including any objections. During the ongoing permit application review process, EPI presented the required adjacent riparian notification correspondence to Mr. Dennis W. Hawthorn, the Division of Coastal Management's Coastal Management Field Representative for the Hatteras Island area. This correspondence indicates, by signature and date December 19, 2002, that you object to the proposed maintenance dredging of this adjacent canal. Mr. Hawthorn has discussed this objection with EPI' s agent, Mr. Kendall Turnage, and Mr. Turnage is not certain why this objection was indicated. He suspects that you may have concerns about possible damages to the existing pier which provides access from your property to the basin. According to Dare County mapping information, it appears that this pier actually crosses the Oceansound, L. L. C. property to access the canal waters. Mr. Hawthorn also made some attempts to contact you by telephone concerning this matter. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper s,. Mr. Edward Kurent Permit Decision for Oceansound, L. L. C., Dare County January 31, 2003 Page 2 Having not specifically confirmed the nature of your objections, we suspect that they may concern interference with the future use of the existing pier and mooring area. The permit applicant has no desire to interfere with, or prevent the use of this pier and mooring area. The proposed maintenance dredging will avoid any interference with this area, and any permit that is issued will require that any restriction of use of this area be no more than temporary in nature. The dredge spoil from this project will be placed on the applicant's property to the west of the canal, and your property. The permit will require that the spoil site operation apply all necessary erosion and sedimentation actions to prevent any spillage from this site into any adjacent lands, waters, and/or wetlands. Mr. Hawthorn was onsite on December 16, 2003, and has reviewed the applicant's proposal to undertake this excavation. Since this time, Mr. Hawthorn has reviewed all aspects of this proposal for consistency with North Carolina Administrative Code (NCAC), Subchapter 7H, Sections .0208 and .1500. This review has found the proposed development to be consistent with the above referenced NCAC Subchapter Sections. The Division of Coastal Management has given your objections to this proposal careful consideration, and has determined that the proposed project is consistent with the appropriate rules and regulations, and that all pre -requisite requirements have been satisfied. In this regard, today, the Division issued General Permit No. 32792-A (copy attached) for the proposed development. If you wish to appeal this permit decision, you must file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. The appropriate forms for this process are available from this office. If you have any questions regarding this matter, please do not hesitate to contact Mr. Dennis Hawthorn at or myself at (252) 264-3901. Sincerely, Ted Sampson District Manager Division of Coastal Management cc: Dennis W. Hawthorn, DCM Charles S. Jones, Assist. Director, MHC Doug Huggett, DCM, Raleigh EPI, Kendall Turnage