32996_SMITH, KERMIT_20021217

❑CAMA / DREDGE & FILL ,4tl 32996
• GENERAL PERMIT L
Previous prr mit #
New CModification ❑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_
Address 3 q� tr
w-iL
City__ Lpf V r ' I t
Phone # (' ` ) ' 2 ►
Authorized Agent
Affected Li CW ❑ EW
L' OEA ❑ HHF
AEC(s):
L PWS:
ORW: yes / no PNA
f
State `-'f ZIP 7 i 24
Fax # (� )
El PTA ❑ ES ❑ PTS
❑ IH 0 UBA ❑ N/A
❑ FC:
yes / 69-) Crit. Hab. yes / no
Project Location: County It, - 'r--
Street Address/ State Road/ Lot #(s)
i? %t h Und
Subdivision
City 10e. , ;rec� ZIP at C/z.
Phone # ( _) River Basin Al
Adj. Wtr. Body rVZ' aM ma il;' Cana i nat Im.n Junkn
Closest Maj. Wtr. Body {y r r t u „(1
-i length
number
cubic yards .r pier(S)-
avg distance offshore
max distance offshore
channel
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Agent or Applicant Printed
,, Name
Signature "Please read compliance statement on back of permit
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Permit Officer's Signature
Issuing Date
Expiration Date
Application Fee(s)
Check #
Per,
Local PlanningJurisdiction
Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules
El Neuse River Basin Buffer Rules
j Other:
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office
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:[phone]
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(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: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
vvww. nccoastalmanagement. net
Revised 10/05/01

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PAY TO THE
ORDER OF —�_e_fi-
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---DOLLARS BY SIGNING YOU AGREE TO THE SERVICE CHARGE
AND OTHER TERMS ON THE REVERSE SIDE.
FOR DRAWER -
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■ THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK I'RINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO-PRIN"F SIGNATURE LING AND BORDER. ABSENCE CIF THESE FEATURESWILL INDICATE A COPY. ■

(FOR A PIERIUNCOVERED R0,AT 4IFI)
1 hereby ce; tify that I own property adjac; nt to s�i} 's
me of Property O vner-)
property located at y SC 6A --_--
(Lot, Block, Road, etc.)
on 01)%u i4P 0 PPAN - , in )q 6TJ'-_ r C_ N.C.
(Waterbodv) (Town and, orl Codrity)
He has described to me, as shown below, the deve'.opfhcnt he is proP)su• at that
location, and, I have no objections to his proposal. I understand ,hat a pier/uncovcre+' boat lift
must be set back a minimum distance of rifte—_n fit (I5') from rn i,= of ripanari ac^,:,ss unless
waived by me.
1 do not wish to waive the sa back require-me.lt.
I do wish to waive that setback requirement.
-------------------------------------------------------------------------------------------------------
DESCR.IP' (Di tea+-D/OR DRAtiVI:'4G OF PROPOSED DE`-ELOP YIE_ti-T:
(To be JU!ect in by indiy�dual !1lpment)
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Date:

DEC-16-02 11
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ADJAC.EN'j,'-,
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(FOR A PIERIUNCO VZRKD-,& 6A I- IFS
lhercbY own property adjacent to. kt!?(brI— Srnr744
of Pruct-tv Owner)
property I=ttd at 2 4;ZrI �M
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IMP M&DE—Q92 in
OV2tcrbody)
: outfit
has desc-7 'bod to me, as show, locnt an, .1 bejow., the develvpllenr he is proposir; 2C that
and, r have no objections to his proposal. I undeumnd Oat a bolt Uft
MUSL be w back a m.irlirnum distant* of rIftct.z feet 5"1 ftom my larea of rjpaxizn'a=,Is unless
waved by me,
I do not wish to Walye Lh,e S4ihack renuirarne-n-
Aaxish to waive that Setback requirement. i
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Date:

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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); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Antended 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; 113,4-119; 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. l 13A-113(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. May 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 tonger 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
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 established by the adjacent piers, nor, longer than 1/3 the width
of the water body.
(n) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that
they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the
adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold
before construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the
minimum setback and submit it to the Division of Coastal Management prior to initiating any development of the pier,
dock, or boat house. The line of division of areas of riparian access shall be established by drawing a line along the
51

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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. II3A-107(a); II3A-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