Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
33936_PRICE, BILL_20030429
r:. L CAMA /' DREDGE & FILL / � W� GENERAL PERMIT Previous permit # ,]New ':Modification ❑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 I SA NCAC ❑ Rules attached. Applicant Name , i / i -o Cs. Address . 17)L. iG. y , �- t�t� ; Y o CiState A( ZIP � 71 - Phone # Fax # ( ) Authorized Agent �_A V - C r- Affected ❑ CW [�rtW O PTA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ USA ❑ N/A ❑ PWS: ❑FC: ORW: yes / no PNA yes /'rio Crit. Hab. yes / no Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City - ZIP Phone # O River Basin Adj. Wtr. Body , i i ) ry, a., ri l ,fir ;1 a C' ;.�; (nat /man /unkn) U : A$ KT Closest Maj. Wtr. Body ®■■■H�'�■�■■■N■�■■■■■■■ I ag MIR M. %� t3i�!t7 '7 - ■■■HN ■■■�■■ MEN 0 ME No _- ME No No No MEMO ■EM■EOEO■®®■■EEO ■' ■E■E■■■O■ MEN ME 0 ■■■■ _.M ■ ME ME EMO■EOi.■EO■EM■� Agent or App'ctant rin�ted Nam Signature Please read compliance statement on back of permit *� Inn 302.C) Application Fie(s) Check # Aaa oaa3 Issuing D to Expi''ration D to Local Planningf urisdiction 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, certifythatthis project is consistentwith the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: j Tar - Pamlico River Basin Buffer Rules ❑ Other: E 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 / 1-888-4RCOAST 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) Wilmingtton 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 ®..-.`'t..•�...>�;....,...>•�.":£: dtli�'si`T.' _�::`»:-��•a�.,...r�.. .1:'��..-__.,�5! Williax ,c price 212 liahgplaHk Ad. 3020 ,New ,YerK, ,1VC 28562 L J Z� �� Ph.252-672-5025 Date 7 68-7497/2560 Pay to the 1_ L 7 / 3 Q Or � $ -2-00, 3 � . NAVY ®� Dollars FEDERAL CREDIT UNION CPC 33�i 3 www.navyfcu.org For. boclt Bt.<tM iT s� 1: 2 5 60 7 4 9 71,1: 30 20-08 3 20 4 5 70 200 1 — COASTAL VIEWS* WDCV I hereby certify that r. own groper+ adlace;tc to W Bill Price 's (N=e of Propery O'Wner) rop,-zy kx. at Gary lep rtk Rd, (Lot, Block, Road, rk.) Trent River , in New lee (Graven) , N.C. on y (Wati Aody) (To'wu and/or County) p4 has dcscn'bed to no, ue snowtl below) the &ve OPment he is prOPOSIng at Omt location, -and, I have no objecdons 10 has prgosaj. I undmand chat a piedmoar;n$ 1?g� back a minimum dis, f� 1S') from my area Of riparian ac I tsh o wcive e setback requirement. I do wish to waive &at setback mquiremelt, DRSCRI ON ANIVOR DRAWEiG OF PROPOSED DEVELOPNMNT: (110 he fUed in by rndim' 'gal pro poslizg devefopment) ( See the attached Drawing) X)7U Sirr lure P 'ht or Type Name T'e'rvhone Number X Date: G 2 r ADJACENT RIPAR.U. PROPERTY OWNER STATENEEN I Cop-yj (FOR A PIERIMOORING PILINGS/BOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to Mr. Bill Price 's (Name of Property Owner) propey loci at 212 Gangplank Rd. (Lot. Block, Road, etc.) on Trent River in New Bern (Craven) , N_C_ (Waterbody) ('Town and/or County) He has described to me, as shown below, the deve'opment he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilin4s;bo o Awaive a minimum di 15') from my area of riparian ac ' I wishe setback requirement. I da wish to waive tat setback requirement. DESCRIPTION AND/OR DRAWr G OF PROPOSED DEVELOPN ENT: (To be felled in by individual proposing development) ( See the attached Drawing ) Print or Type Name x -- Telephone Number x Date: / '�' L�_2_ COPY. Island 172'10 266'10 149'10 --N.W.L. 2"'0 6 f. � n (84" Depth) 16,10 T'0 E xiJ 60'0 (72" Depth) — (66" D4th) 1110 All Water Depths Were Taken During Normal Water Level and Recorded By W 48" De th fly t �G _ Pro Exii - Pro David Medford of Maritime Partners. W�fP� civQ1��3 aJF /�r,ti:stir� 'ftikh reeicld . 17S,9ee- C9M'j (34"De►th) - -- -� Proposed 16' x 40' Boat Slip _ ---- 17.6 ----14'8 93'11 Proposed Jet 54'8 P/L Existing Bulkhead 141 L.F. Waterfrontage Plan for Marine Construction The Price Residence 212 Gangplank Rd. New Bern, N.C. 28560 Maritime Partners Project Designer Any unauthorized use of this plan without written consent is prohibited. Property of Maritime Partners, a Division of WLC, Inc. Boatlift Pill 48'0 53'0 d 11' x 16' Platform - x 16' Platfo 4' x 8' Stea Down P/L N Drawn By: D.M.M. Scale: I" = 20' 0428-03 N &*0*.. ri , AZilij 5 Partners IR(>Y CO OPEIi iM'TOHNHY GHNL1tAL Apr, State of North Carolina Reply to: Department of Justice Meredith JoAlcoke R 0. Box 629 Environmental division RALEIGH Tel: 919-716-6600 2760 -062J Fax:919-716-6767 May 28, 2003 Mr. William Price 212 Gangplank Road New Bern, NC 28562 Re: CAMA Variance Request Dear Mr. Price: 11JA/t 9 9 2043 I understand from Tracey Wheeler that the Division of Coastal Management recently issued you a CAMA general permit for a dock structure. Therefore, I am considering your request for a variance from the Coastal Resources Commission withdrawn. There is no need to respond to this letter. With best regards, I am Very truly rs, 41 Cep Mer dith lcoke Assistant Attorney General cc: Tracey Wheeler, Morehead City DCM j _ _ NCDENR North Carolina Department of Environment and )e/ Michael F. Easley, Governor Mr. William Price 212 Gangplank Road New Bern, NC 28562 Dear Mr. Price: Natural Resources Division of Coastal Management Donna D. Moffitt, Director January 15, 2003 William G. Ross Jr., Secretary JAN 21 RC:Cp Thank you for your letter dated December 27, 2002, concerning your request for a variance from the pier rules of the Coastal Resources Commission (CRC). This is also to acknowledge the receipt of your variance petition on January 10, 2003. Assuming factual stipulations can be agreed upon, your variance request is eligible to be considered at the next regularly scheduled meeting of the CRC, which will be April 23 and 24 in Morehead City. Prior to this meeting, you will be contacted by a representative of the Attorney General's Office who will work with you in developing stipulated facts and other relevant information that will be presented to the Commission members for their consideration. If you have any further questions concerning this matter, please contact Charles Jones, Assistant Director for Permits and Enforcement, at his Morehead City office. You may reach him by telephone at 252-808-2808, by mail at Hestron Plaza II, 151-B, Highway 24, Morehead City, NC 28557, or by e-mail at Charles.S.Jones@ncmail.net. Sincerely, Donna D. Moffitt cc: Charles Jones Ted Tyndall Tracey Wheeler Meredith Alcoke 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper e�� 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 7 February 2003 Maritime Partners, LLC c/o Mr. David Medford P.O. Box 3147 New Bern, NC 28564-3147 Dear Mr. Medford, Please find the enclosed check Number 1020 for the amount of $100. This check was originally submitted in anticipation of the issuance of a CAMA General Permit for proposed development at property owned by Mr. Bill Price. The project property is located at 112 Gangplank Rd in the Town of River Bend near New Bern in Craven County, North Carolina. After further review, and as stated in my 20 December 2002 letter to Mr. Price, a general permit is not available for the proposed development. I am returning your check at this time. I appreciate your concern and effort to comply with the permit requirements of this Division and encourage you to continue to consult representatives of this Division for future questions regarding CAMA permits. If you have any questions about this or any other matter, please call me at (252) 808-2808. Sincerely, Tracey L. Wheeler Coastal Management Representative cc: M. Ted Tyndall- District Manager, Morehead City Office, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper N w« f0 /1 I I EA J -Prli, v%/-7 a�.r .gym e 4 F91"d 4,5 Par to e r S C'' Docks * Bulkheads * Boatlifts P.O. Box 3147 New Bern, NC 28564 Tel: 252-637-0381 * Fax: 252-637-2412 January 8, 2002 Director Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Ref: CAMA Variance Request Mr. Bill Price 212 Gangplank Rd. New Bern, NC Dear Mr. Director: JAN 15 RECII RECE EL, JAN 1 0 2Uw DIV.OFCOASTALMANAGEMFRT FA'w 24 Attached you will find our request for a CAMA Variance in reference to the property owned by Mr. Bill Price at 212 Gangplank Rd., New Bern, NC 28562 (252-672-5025). As you will note, Mr. Price purchased the property due to the existing docks length and deep water accessability for his 36' SeaRey. Although he knew that he would have to modify this dock to accommodate his vessel, he did not consider researching any dock construction rules or regulations prior to this purchase. Under current CAMA rules his request to modify his existing dock was denied on 12-20-2002 by Mrs. Tracey Wheeler of D.E.N.R. Mr. Price has asked our company to pursue any possible way to resolve this situation. Therefore, we are asking for a CAMA Variance to the existing rules governing his dock. Thank you, in advance, for your time and consideration of this matter. Sincerely, / David Medford Project Manager Maritime Partners cc: Attorney General, Env. Div. Mr. Bill Price DCM FORM 11 PETITIONER'S NAME Mr. Bill Price c/o Maritime Partners CAMA VARIANCE REQUEST COUNTY Craven Co. FILE NUMBER (petitioner leave blank) Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative Code 73 Section .0700, the petitioner in this matter applies to the Coastal Resources Commission for a variance. The undersigned states that (check one): X Be or she has received a final decision on an Application for a CAMA Major Development Permit; or He or she has received a final decision on an Application for a CAMA Minor Development Permit. For this variance request to he complete, the petitioner must provide the information listed below. The undersigned petitioner verifies that this variance request is complete and includes: X the case name and location of the development as identified on the permit application; 212 Gangplank Rd. New Bern, N.C. 28560 X an explanation of the reasons why the petitioner believes that the Commission should grant a variance (petitioner must provide complete responses to the four questions presented on this form, and should be able to answer (a) and (b) in the affirmative, (c) in the negative, and (d) in the affirmative; X a copy of the permit application and denial for the development in question; X the date of the petition, and the name, address, and phone number of the petitioner; and X a complete description of the proposed development, including a site drawing with adequ-dtc topographical and survey information. 2 VARIANCE HEARING PROCEDURES A variance request will be considered by the Commission at a regularly scheduled meeting. A variance petition will be heard by the Commission no later than the second regularly scheduled meeting following the date that the attorney for the Division of Coastal Management and the petitioner reach agreement on stipulated facts relevant to the four variance criteria listed below, except when a later meeting is agreed upon by the petitioner and the Division of Coastal Management_ A complete variance petition, as de=ibed below, trust be received by the Director of the Division of Coastal lbriagement a minimum of four weeks m advance of a regularly scheduled Commission meeting to be eligible for consideration by the Commission at that meeting. The stipulated facts which support the variance criteria must be agreed to at least two weeks prior to the meeting at which the variance is scheduled. If stipulated facts are not agreed upon at least two weeks prior to the meeting, the variance petition must be rescheduled for the next meeting of the Commission. T hm fore, a petitioner is encouraged to submit a complete variance request more than four weeks in advance of a meeting in order to have the maximum opportunity to be heard at the next regularly scheduled meeting of the Commission. The procedure described above does not apply mall cirvmnsUmees, In the fallowing instances, a petition must be heard by means of an administrative hearing: when there are controverted facts that are significant in determining the propriety of a variance; when the Commission determines that more facts are needed due to the extraordinary nature of a petition; or when the staff determines that agreement cannot be reached on sufficient facts on which to base a meaningful variance decision. VARIANCE CRITERIA (If necessary, please attach additional sheets) The petitioner has the burden of convincing the Commission to grant a variance. The Cormrtiss n may vary or modify the permit application, and impose reasonable and appropriatc conditions and safeguards upon any variance it grants. N.C.G.S_ § 113A-120.1 (a) Will strict lion of the applicable development rules, standards, or orders issued by the Commission cause the petitioner unnecessary hardships? If so, the petitioner must identify the -(Yes) See the attached document # 2 (b) Do such hardships result from conditions peculiar to the petitioner's property such as the location, size, or topography of the property? Explain. (Yes) The existing dock configuration will not allow sufficient safe and secure mooring for a 36' vessel. Expences occured obtaining residential property to accommodate personal property (36' vessel) previously purchased. See the attached document # 2 (c) Do the hardships result from actions taken by the petitioner? Explain. (No) See the attached document # 2 (d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose, and intent of the rules, standards or orders issued by the Commission; (2) secure the public safety and welfare; and (3) preserve substantial justice? Explain- (Yes) Under current rules and guidelines, construction cannot be permitted any further out from the existing pilings at the end of dock. A variance to change the existing structure will provide proper mooring, increase public safety, uniformly comply with adjacent property owners structures and provide greater access to Public Trust Water. See the attached document # 2 Due to the above mformation and pursuant to statute, the undersi med hereby requests a variance. 1-7-03 Date ylx� �7�' - ignature / / Mr. Bill Price Name of Petitioner or Attorney 212 Ganapiank Rd. Address New Bern N.C. 28560 _ - State Zip 252-672-5025 Cell# 301-346-8795 Telephone Number 252-637-2412 / janiebill2dogs@aol.com Fax Nwnber and/or E-mail Address (if available) This variance request must be served on the Director, Division of Coastal Management, and the Attorney General's ice, Environmerdtnl Division, at the add fretwx shown on the attached Certificate of Service form. If a contested case hearing will be required to resolve disputed facts or you want to appeal the permit decision upon which your Variance Request is based a separate _Petition for a Contested Case hearing shosrld be jzlc..'s:ztJi the Q,�}Frr of li�nzir.:strc.'ive Hrarinbs, 6714 Mail Service Center, Aaleigk NC 27699-6714 as well as with the parties listed on the attached Certificate of Service form. 4 CERTIFICATE OF SERVICE r he-•��.. ,..,...:�, «t,.,..r,:r ��....:�..,.o no.,,,o... �,.,.. ti.,,a„ o..,.t„r .>,o o+.,«., a t ivV� W1tLL� t2Ytt ttA,tJ Ott•"�� \1,AttiVJt lY1J lltA�il �1 YVtt Vll Lilt. ut4il. Cii\.1tV1�.J lYil tlti4 below by depositing copies of it with the United States Postal Service with sufficient postage for delivery by first class mail or by personally delivering copies to the named agencies. Original served on: Director t ntnCuiii fs� t �tstiistt M:tYrJ fTl�fllf•tl� 1638 Mail Service Center Raleigh, NC 27699-1638 and a copy served on: Attorney General's Office P.O. Box 629 Raleigh, NC 27602-0629 �ihis the 7tn day of .lanuary (QO.4, d - Sigmture of Petition r Attorrrey� Revised: August 2002 William L. Price 212 Gangplank Rd. A'e-;v Bern,, N"'C 28562 January 5, 20,03 Director, Division of Coastal Management NC Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, NC 27699-1635 Dear Director, This letter is in reference to a December 20, 2002 letter from Ivis. Tracey Wheeler, Coastal Management Representative, regarding her meeting with Maritime Partners on my proposal, to add two slips adiaeent to the existing pier and expand the platform at my propel ry at 212 Gangplank Rd, New Bern, IBC. As outlined in Ms. Wheeler's letter, I would like to explain why 1 believe a variance shoiEd be grantea. My wife and I bought our 36 foot boat in July of 2001 from Prince William Marna in Woodbridge, VA.. The boat was bought new, is 363" LOA and draws 36". The boat is currently docked at PWIv1, and our yearly contract expires at the end of March, 2003. We o-�%mned a smaller boat from 1999 to 2001. My wife is retired and, with my pending retirement, our goal was to have a home with our boat as boating is the activity we share together. We spend the first half of 2002 looking for a home that would accommodate our boat. In fact, we picked New Bern due to the access of boating activities that the area offers - and the lovely town. We started looking in the New Bern area in March of 2002 and made an offer on our home at 212 Gangplank in June. (We did not close until Oct. 1, 2002). Our real estate agent was (is) Ms. Ann Abee of Willis -Smith Coldwell Banker [(252) 638-3500]. Ms. Abce was only looking for homes with deep water access and we considered no homes without deep water. When Ms. Abee found the home at 212 Gangplank, she went to the River Bezid town hall to confirm that the property would accommodate our boat. (I realize that her conversation has no binding effect - I just want to emphasize how important being able to dock our boat was in our purchase decision). IvIv own investigation, that was part of our decision to offer a contract on the property, included the fact that the area had been dredged to 7 feet within the last 12 to 18 months (at the time) and -Chat the owners had also applied for (and received) a permit to dredge up io the dock at the time that the ch=el was dredged. My proposal includes a request fcr a second slip on the 'easterly side of the dock rather than a I 1 TAN-06-2003 1 a c 37 NMFS—HO TRADE SUCS D I V 301 13 2334 P . 02 repositioning of the existing small boat lift. I requested it that wajas I prefer docking rather than lifting of boats and therefore was not going io use the existing boat lift. If it would be more in line with existing rules to just move and reinstall the small boat lift, that would be fine. I do request consideration for docking a small boat as we already own one - but it is a minor consideration compared to the possible loss of any ability to dock our 36 foot boat at our property. In summary, with the dock in place, a boat lift at the end of the dock, dredging having occurred ,xitldn the last year or so, and no `red flags' apparent, we went and bought the house. I believe we made our decision in a reasonable and prude -Tit manner and I respectfully request that this be considered and a wavier be gr a;-ited. Thank you. Very sincer--ly yours, ll� - 2()OZ NON 04 35 FI1 NO DIV 0 0ASTAL�MGMNT FAX<N0, 4 P. 02 = .N.'w b 'c z, ink NCr ENR North Caroiina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director �Nilliarn G. Rcss Jr,, Secraisry 20 I)cccmber 2002 ?vIr. Lill Price 212 Gangplank Rd. New l�ern, NC' 218.560 tear N1r. Price;, This letter -is in reference my 1S December 2002 onsite meeting with Mr. David -Tedford with MaTilimo Partners regarding your proposal to add two slips adjacent to the existing pier and expand the platform at your property at 212 Gangplank Rd. in River Rend. Your property is located on a natural gut off of the Trent River in Craven County, near New Bern, North Carolina. You are proposing to constrict a platform in the area that is, currently a boat slip and to place the pilings, on both sides of the existing structure on your property. Thc canal adjacent to your property is 244 feet wide, and tfie. existing structure extcnds 94 feet front the existing bulkhead to the outennost pilings. This .�rueturc does not conforn-i to current rules. Specifically, both 15A NCAC 0711.02(.)8(b)(6))(J)(iii) and 15A NCAC 07H.1205(m) state that pier length may not C ) tend more 0lan 14 the width of a nata-ral waterbody, human -made canal, or basin, The V., limitation shall not apply when the proposed pier is located between longer piers Nvitliin 200 feet of the applicant's property. My 18 December 2002 site visit revealed that there aT•c not two longer piers on either side ivithin 200 feet of your property. Given this fact, the 1A rule hinitation applies to your site. You propose to place pilings parallel to the existing outermost tic piling on the west side of the structure and approximately 90 feet waterward of the normal water level on the cast side of the structure. Both of these dislanccs exceed the 61 feet alionnlent allowed by the aforementioned rifles. Mr. Medford requested that the proposal bo considered using 15A NCAC 07H.2000 General Permit for Authorizing Minor 'Modifications and Repair to 1-;xisting ;Mooring Facilitios in Estuarine and Public Trust Waters, This General Permit allows wort: within the: existing footprint of a pier or mooring structure. Your proposal is inconsistent wilh 15A NCAC 07H.2005(a) that states in Part "All proposed work must be carried out within tlto existing footprint of the development with no iricrcasc in the number of slips or any change in the existing use." Conversion of an existing boat slip to Iilatfo rm is a change in use, and you propose to increase the number of slips adjacent to the structure. "I`hc proposed slips would be located outside of the. footprint of the existing 5trltcturc. 151-B Hq. 214, Hestro,n Plaza II, �lorehead City, Norih Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimGnagement.net An Eq:;al Occcrtunity 1 Afurmadivc Articn Erp'oyer— 50% Recycled 110 a Post Consur^er Purser FAX NO4DEC-23 2002 MON 04 ; 36 PM NO D I V OF COASTAL MGMNT via 1 P; 03` Mr. Bill Price Craven County Page " Thk=focc, your• proposal to place pilings as proposed is 17IC4nSlSLellt Witi-I thcsc rc4�talations and no pen -nit is available to authorize this development. Based on the above information your n3cl-m-st for a permit is deniecl. Tf you are not satisfied with this decision, YOU may file a variance request or file a petition for a Contested Case Hearing. The v_trianc request must be served On theT�irector of the Division of Coastal Managcnient and the Attorney General's Office (form attached). A petition for a C'ontestcd Case I1.0 ii in must be S lY'CCl t0 tl-it Director of the Division of Coastal Man a.ge.rt�ctit ��t 163, Mail Service Centor, Raleivh, IBC 27699-1638 Within 20 clays of the date of this letter. A coley shoit.ld also be sent to the :Attorney General's Office at the address shown on tltc Certificate of Service Form (also attached). It I can be of additional assistance 1Tt this or related matters, ]_l;:asc. call me at 2>2-808-28O8. Si rtccr'�Iy, , Lo 'f,r•acc�' L. �ti"��celer Coastal Mc:M1�Tcmcnt Rcpresenta,. Attuchm,etits cc: Donna lkfofliti - Director. Division of Coastal M,,1nagcnlcnt Charles Jones - Assistant Director, Divisions of Coastal Management N.I. Te(t '1"yndal.l - District :,'Ta.nager, DCM, M.orchcad City Office. Riparian Line 244' Canal Width 78' — 82' Existing boatlift 11'I • • 48" Depth Existing Bulkhead Mr. Bill Price 212 Gangplank Rd. New Bern, N.C. 252-672-5025 36" Depth 24" Depth Riparian Line 47' —♦ Existing 16'x8' Platform Existing 6'x75' Walkway 53' 141 L.F. Waterfront Island Shoreline 244' Canal Width Riparian Line ' 65�� 16 '6'� 12,6" i 12' Proposed 12'x24' Boat Slip 82' 01 Doc l< J Riparian Line Proposed 16'x11' addition 1730' I 4B" Depth o Existing 16'x8' Platform 40' 36" Depth • o , 24" Depth Proposed 17'x30' Boat Slip Existing 6'x75' Walkway 53' Existing Bulkhead Mr. Bill Price 141 L.F. Waterfront 212 Gangplank Rd. New Bem, N.C. 252-672-5025 r1 DIVISION OF COASTAL MANAGEMENT NCDENK NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: TELEPHONE #: I ] % S - -0 38/ FAX #: G ] L-31- 241a FROM: OFFICE: DIVISION OF COASTAL NIANAGENIENT RE: COT I►AQ i DATE SENT: ©Z TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: P. 01 TRANSACTION REPORT DEC-23-2002 MON 04:39 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP DEC-23 04:34 PM 82526372412 4'45" 8 SEND OK 853 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 20 December 2002 Mr. Bill Price 212 Gangplank Rd. New Bern, NC 28560 Dear Mr. Price, This letter is in reference my 18 December 2002 onsite meeting with Mr. David Medford with Maritime Partners regarding your proposal to add two slips adjacent to the existing pier and expand the platform at your property at 212 Gangplank Rd. in River Bend. Your property is located on a natural gut off of the Trent River in Craven County, near New Bern, North Carolina. You are proposing to construct a platform in the area that is currently a boat slip and to place the pilings on both sides of the existing structure on your property. The canal adjacent to your property is 244 feet wide, and the existing structure extends 94 feet from the existing bulkhead to the outermost pilings. This structure does not conform to current rules. Specifically, both 15A NCAC O7H.0208(b)(6)(J)(iii) and 15A NCAC O7H.12O5(m) state that pier length may not extend more than 1/4 the width of a natural waterbody, human -made canal, or basin. The 1/4 limitation shall not apply when the proposed pier is located between longer piers within 200 feet of the applicant's property. My 18 December 2002 site visit revealed that there are not two longer piers on either side within 200 feet of your property. Given this fact, the 1/4 rule limitation applies to your site. You propose to place pilings parallel to the existing outermost tie piling on the west side of the structure and approximately 90 feet waterward of the normal water level on the east side of the structure. Both of these distances exceed the 61 feet alignment allowed by the aforementioned rules. Mr. Medford requested that the proposal be considered using 15A NCAC 07H.2000 General Permit for Authorizing Minor Modifications and Repair to Existing Mooring Facilities in Estuarine and Public Trust Waters. This General Permit allows work within the existing footprint of a pier or mooring structure. Your proposal is inconsistent with 15A NCAC 07H.2OO5(a) that states in part "All proposed work must be carried out within the existing footprint of the development with no increase in the number of slips or any change in the existing use." Conversion of an existing boat slip to platform is a change in use, and you propose to increase the number of slips adjacent to the structure. The proposed slips would be located outside of the footprint of the existing structure. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX. 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Bill Price Craven County Page 2 Therefore, your proposal to place pilings as proposed is inconsistent with these regulations and no permit is available to authorize this development. Based on the above information your request for a permit is denied. If you are not satisfied with this decision, you may file a variance request or file a petition for a Contested Case Hearing. The variance request must be served on the Director of the Division of Coastal Management and the Attorney General's Office (form attached). A petition for a Contested Case Hearing must be served to the Director of the Division of Coastal Management at 1638 Mail Service Center, Raleigh, NC 27699-1638 within 20 days of the date of this letter. A copy should also be sent to the Attorney General's Office at the address shown on the Certificate of Service Form (also attached). If I can be of additional assistance in this or related matters, please call me at 252-808-2808. Sincerely, Tracey ��eeler Coastal Management Representative Attachments cc: Donna Moffitt - Director, Division of Coastal Management Charles Jones - Assistant Director, Division of Coastal Management M. Ted Tyndall - District Manager, DCM, Morehead City Office DCM FORM 11 PETITIONER'S NAME COUNTY FILE NUMBER (petitioner leave blank) CAMA VARIANCE REQUEST Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative Code 7J Section .0700, the petitioner in this matter applies to the Coastal Resources Commission for a variance. The undersigned states that (check one): He or she has received a final decision on an Application for a CAMA Major Development Permit; or He or she has received a final decision on an Application for a CAMA Minor Development Permit. For this variance request to be complete, the petitioner must provide the information listed below. The undersigned petitioner verifies that this variance request is complete and includes: the case name and location of the development as identified on the permit application; an explanation of the reasons why the petitioner believes that the Commission should grant a variance (petitioner must provide complete responses to the four questions presented on this form, and should be able to answer (a) and (b) in the affirmative, (c) in the negative, and (d) in the affirmative; a copy of the permit application and denial for the development in question; the date of the petition, and the name, address, and phone number of the petitioner; and a complete description of the proposed development, including a site drawing with adequate topographical and survey information. 2 VARIANCE HEARING PROCEDURES A variance request will be considered by the Commission at a regularly scheduled meeting. A variance petition will be heard by the Commission no later than the second regularly scheduled meeting following the date that the attorney for the Division of Coastal Management and the petitioner reach agreement on stipulated facts relevant to the four variance criteria listed below, except when a later meeting is agreed upon by the petitioner and the Division of Coastal Management. A complete variance petition, as described below, must be received by the Director of the Division of Coastal Management a minimum of four weeks in advance of a regularly scheduled Commission meeting to be eligible for consideration by the Commission at that meeting. The stipulated facts which support the variance criteria must be agreed to at least two weeks prior to the meeting at which the variance is scheduled. If stipulated facts are not agreed upon at least two weeks prior to the meeting, the variance petition must be rescheduled for the next meeting of the Commission. Therefore, a petitioner is encouraged to submit a complete variance request more than four weeks in advance of a meeting in order to have the maximum opportunity to be heard at the next regularly scheduled meeting of the Commission. The procedure described above does not apply in all circumstances. In the following instances, a petition must be heard by means of an administrative hearing: when there are controverted facts that are significant in determining the propriety of a variance; when the Commission determines that more facts are needed due to the extraordinary nature of a petition; or when the staff determines that agreement cannot be reached on sufficient facts on which to base a meaningful variance decision. VARIANCE CRITERIA (If necessary, please attach additional sheets) The petitioner has the burden of convincing the Commission to grant a variance. The Commission may vary or modify the permit application, and impose reasonable and appropriate conditions and safeguards upon any variance it grants. N.C.G.S. § 113A-120.1 (a) Will strict application of the applicable development rules, standards, or orders issued by the Commission cause the petitioner unnecessary hardships? If so, the petitioner must identify the hardships. (b) Do such hardships result from conditions peculiar to the petitioner's property such as the location, size, or topography of the property? Explain. (c) Do the hardships result from actions taken by the petitioner? Explain. (d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose, and intent of the rules, standards or orders issued by the Commission; (2) secure the public safety and welfare; and (3) preserve substantial justice? Explain. Due to the above information and pursuant to statute, the undersigned hereby requests a variance. Date Signature Name of Petitioner or Attorney Address City State Zip Telephone Number Fax Number and/or E-mail Address (if available) This variance request must be served on the Director, Division of Coastal Management, and the Attorney General's Office, Environmental Division, at the addresses shown on the attached Certificate of Service form. If a contested case hearing will be required to resolve disputed facts or you want to appeal the permit decision upon which your Variance Request is based, a separate Petition for a Contested Case Hearing should be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714 as well as with the parties listed on the attached Certificate of Service form. 2 CERTIFICATE OF SERVICE I hereby certify that this Variance Request has been served on the State agencies named below by depositing copies of it with the United States Postal Service with sufficient postage for delivery by first class mail or by personally delivering copies to the named agencies. Original served on: Director Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 and a copy served on: Attorney General's Office Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 This the Revised: August 2002 day of 20 Signature of Petitioner or Attorney PLEAS PBLN-11 rt -ARI Y OR TYD+- STA:� OF NORT"ri C.AROLLNA IN THE OFFICE OF COLT �ii' OF (1) ADMIIv'ISTRAML HEARINGS (2) (your name) PETITIONER, ) PETITION FOR A (3) j CONTESTED CASE HEARING RESPONDENT. ne Sate a�encv 0, board about which you are comrlainin_) fi) I hereby ask for a contested case hearing as provided for by North Carolina General States 2^ has: Statute § 150B-_� because Respondent (Briefly state fats showing how you believe you have been harmed by the State agency or board.) (If more space is needed, attach additional paces.) (=) Because of these fats, the State agency or board has: deprived me of property ordered me to pa} a Me or civil penalty, or otherwise substantially prejudiced my rights; (5) Date: i M Print your full address: (8) ` Tint your name: (checl: at least one from each column) exceeded its authority or jurisdiction; acted erroneousi}•; AND failed to use proper procedure; acted arbitrarily or capriciously; or failed to act as required by law or. rule. (6) Your phone number: (�_) (street addressip.o. box) (ciry) (start) (zip) (9) You, signature: You must In or deliver a COPY of this Petition to the S ar° a t cony-t the agency nc} or board named on line (3) of this form. Y'ou should or board to determine the name of the person to be served. C^RTIFrICAi`. 0= SER-,rlCE I cenin that this Petition has been sf; red on tht State aRencv or board named below by depositing a copy of it with the united Stare_ Posal Service with sufncient oosa2e affixed OR by dtiiverinz it to the named agency or board: (10 (name of person served) (12~ (street address/D.O. box) (ciw) ( �) Tnis the day of 1 Vou+' srorarure) i�'n>n vnn (State aeency or board listed on line 3) (sate) (zip code) wrrn, you Mus mail or deliver tht ORIGI:N'AL AND Oy- COPY' to ttt� Administrative Hearings, 6714 Mail Service Cenre:Office of , Raleigh, NC 27699-6714. - DIVISION OF COASTAL MANAGEMENT A NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: -Dx'� OFFICE: `�Act Yr)S h ► � TELEPHONE #: j 1 ����"� � FAX #: j ] 6.34 - 07`-112 FROM: 1 t G-CQ� �-CQ o `-o� OFFICE: DIVISION OF COASTAL Ni-\NAGEi'vIENT RE: - & C�y; A lz) OA �`� \PS on _ DATE SENT: I lE /oZ TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: Mr. Bill Price 212 Gangplank Rd New Bern, N.C. 252-672-5025 Riparian Line N COPY ailime ' ' s Partners A Uwaun ! LC I rc. David Medford Project Manager P.O. Box 3147 Tel: (252) 637-0381 New Bern, NC 28564 Fax: (252) 637-2412 12'6" 65'6" 16 ' r 121611 T 12' , Proposed 12'x24' Boat Slip Existing 6'x75' Walkway 82' — Existing Bulkhead s 141 L.F. Waterfront Riparian Line Proposed 16'x11' addition I 17' 4 30' 0 T Existing 16'x8' Platform AN ' • ^3'Proposed 17'x30' Boat Slip 53' ���z��/s�i rr .1I PyADJACENT RIPARLAUti PROPERTY OWNER STATF-MIEN ' C 0 (FOR A PIERIMOORING PILINGS/BOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to Mr. Bill Price is (Name of Property Owner) propel located at _ 212 Gangplank Rd. (Lot, Block, Road, ete.) on Trent River in New Bem (Craven) , N.C_ (Waterbody) (Town and/or County) He has descnbed to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pie:Imoorng pilinQsbo t back a minimum di 15') from my area of riparia�2N' 'v e. ish o waive a setback requirement. I da wish to waive tat setback requirement. DESCRIPTION AND/OR DRAWDG OF PROPOSED DEVELOPN E`T: (To be filled in by individual proposing development) ( See the attached Drawing ) Print or Type Name Telephone Number x Date: ! Z— --r•' (FOR A PIERIMOORIN I hereby cer&y that I. own grappq adlaoe;tt to Yr. Bill price _ 's (Fume of Property 0'Wile4 proptly kx2te4 at _2'12 9 aap nk Ltd, (Lot, Black:, Road, on Trent diver in _ New Bey (Graven) _, N.C, (W'ateAody) (i'owa and/or County) F4 has drSmhd bn me, a- mown below, tht d, Yeopment he is proposing at t &t location, aiad, ,� have no objecdons to has proposal, I under:gznd tbar a p:eJmoornoo p aw back a minimum dis, iA from my area of riparsan ac I t�h o wa:�•r� e ��tiack �qu{s�rnent. I ,do wish to waive tt;at setback f:gL;irexalt. DESCRRYMN ANVOR D?,.kW N'G OF PROPOSED DEVY-LMtiYr' (7'o be jWed tit by tndivI 901 PrOos7n$' develo "'-e94 ( See the attached Drawing ) x Sip lure IYL- p ibt or Type Nam Tt'tl;hone Number x Datc: �/ SECTION .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIERIMOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS 15A NCAC 07H .2001 PURPOSE This permit will allow for reconfiguration, minor modifications, repair and improvements to existing pier and mooring facilities in estuarine waters and public trust areas according to the authority providedn Subchapter 7J .1100 of this Chapter and according to the following guidelines. This permit will not apply to the Ocean Hazard AEC. History Note: Authority G.S. 113A-107,• 113A-118.1, Eff. October 1, 1993. 15A NCAC 07H .2002 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/her name and address. (b) The applicant must provide: (1) a dated plat(s) showing existing development and the proposed development; and (2) confirmation that: (A) a written statement has been obtained and signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (B) the adjacent 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 ten days of receipt of the notice, and, indicate that no response will be interpreted as no objection. (C) DCM staff will review all comments. If DCM determines that: (i) the comments are relevant to the potential impacts of the proposed project. and (ii) the permitting issues raised by the comments are worthy of more detailed review; the applicant will be notified that he/she must submit an application for a major development permit. (c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management and the applicant shall be provided a copy of this Section. Construction authorized by this permit must be completed within 90 days of permit issuance or the general authorization expires and a new permit shall be required to begin or continue construction. History Note: Authority G.S. 113A-107, 113A-118.1; Eff. January 1, 1994. 15A NCAC 07H .2003 PERMIT 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-118.1; 113A-119.1; Eff. October 1, 1993; Amended Eff. August 1, 2000. 15A NCAC 07H .2004 GENERAL CONDITIONS (a) Structures authorized by this permit shall conform to the standards herein. (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 surehat the activity_ being performed under the authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers or mooring pilings. (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. (g) This general permit will not be applicable where the Department determines that the proposed modification will result in closure of waters to shellfishing under rules adopted by the Commission for Health Services. History Note: Authority G.S. 113A-107, 113A-118.1; Iff. January 1, 1994, ' AmendedEff. August 1,1998. 15A NCAC 07H .2005 SPECIFIC CONDITIONS (a) All proposed work must be carried out within the existing footprint of the development with no increase in the number of slips nor any change inthe existing use. "Existing footprint" is defined as the area delineated by the outermost line of tie pilings, ends of piers, and upland basin or area within an enclosing breakwater, whichever is greater. (b) Modifications to piers and mooring facilities 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(s) or piling(s) 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(s) or piling(s) 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. The line of division of areas of riparian access shallbe established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to a line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. 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. History Note: Authority G.S. 113A-107; 113A-118.1 Eff. October 1, 1993. C�v�� Inc, SECTION .1200 - GENERAL PERMIT 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 houses in 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 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 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); II3A-118.1; 113A-124; Eff. March 1, 1984; Anrended Eff. August 1, 1998; January 1, 1990. 15A NCAC 07H .1203 - PERMIT 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. (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. 1 13A-102 and G.S. 1 13A-1 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. Mav 1, 1990; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August 1, 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 no further 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 r, apply when the proposed 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 _esta.bf shed by the adjacent piers, nor, longer than 1/3 the width ( of t e wa er --- \C4, (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 51 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. 52