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HomeMy WebLinkAbout51763_LECH, JOHN_20080424D CAMA / L1 DREDGE & FILL N 1- GENERAL PERMIT Previous permit # EI*New LIModification El Complete Reissue El 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 ❑J Rules attached. Applicant Name I Project Location: County Y I f Address City State ZIP Phone # Fax # Authorized Agent Affected Ll Cw El EW El PTA El ES El PTS AEC(s): L1 OEA El HHF El lH El UBA El N/A El Pws: 11 FC: 01RW: yes / no PNA yes / no Crit.Hab. yes / no t- I; Street Address/ State Road/ Lot #(s) I U(, -4 J1 Subdivision City tJi 1 I ZIP Phone # River Basin Adj. Wtr. Body rA-r i i knat -,/man /un"n Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) (Scale: Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other 'Pill IV Shoreline Length SAV: not sure yes no Sandbags: not sure yes no I. Moratorium: n/ yes no Photos: yes I no Waiver Attached: Ll yes no A building permit may be required by: f I Notes/ Special Conditions See note on back regarding River Basin rules. Agent or Applicant Printed Name Signature Please read compliance statement on back of permit ** Permit Officer's Signature Issuing Date Expiration Date Application Fee(s) Check # Local PlanningJuriscliction 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 Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-2808/ I-888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. (Serves: Carteret, Craven, Onslow -above Raleigh, NC 27604 New River Inlet- and Pamlico Counties) 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) 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, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 f S'ip:..0 llO'lk,i.'P l':l'S-1 7CKS:Ail?I;i3OAT N D i I a_, 1,.4 , ilia_?"A P 1.. 1., R 1.".iS�' 15A 1%.CAC 0"r1-i .1 )01 PUR''OSE A permit under this Section shall allow the construction of new piers, docks, and boathouses 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 07J .1 100 and according to the Rules in this Section. This permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area. 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. April 1, 2003. 15A NCAC 07H .1202 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. The applicant shall provide information on site location, dimensions of the project area, and his name and address. (b) The applicant shall 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. The 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, DCM shall notify the applicant that he must submit an application for a major development permit. (c) No work shal: begin until an on -site meeting is held with the applicant and a Division of Coastal Management representative to review the proposed development. W ritti:n authorization to proceed with the proposed development shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter. Construction shall be completed within 120 days of the issuance of the General authorization or the authorization shall expire and it shall be necessary to re-examine the proposed development to determine if the general authorization may be reissued. (d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal Management. History Note: .-!uthority C.S. 113A-107(a); 113A-107 ("b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff October 1, 2007; August 1, 1998; January 1, 1990. 15A NCAC 07H .1203 PERMIT FEE The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the Department. History ,Vote: , Authority G.S. 113A-107; '13A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124; Eff. March 1, 1984; Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991.. 15A NCAC 07H .1204 GENERAL CONDITIONS (a) Piers authorized by this general permit shall be for the z,tclusive 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. 47 i' C ' Tller sh. i:' 1C •.ce }"it:, il:i 'i!''t!(`.11 C" 1!:" Ci ;ht. Wa; ;rs i i ,c public by the existencc of piers, and J( -'i 0„ (r') 1'his Fia;. ri .. !. i" :o ^i .. ! tlle proposed RCtivity 111'f'�i: i1i1.''c...•: •. 'L`' : 1'. 1; t „ilf:, i% ;i. i; !'....:I:, .. ` ..l , i. i(' l C'?il rd. ;ce, coasetvatlon or recriatlon values, iu.-miiie:u in G.,; 1 13A402 and G.". 113A-i 13(b)(4), nor that inigiu si-niilcantly 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-10?(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. May], 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 waterward 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 such as blocking established navigation routes or interfering with access to adjoining properties. 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) Except in the case of boathouses, any portion of a structure (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) The width requirements established in Paragraphs (d), (e), (0, (g) and (h) ofthis Rule shall not apply to pier structures in existence on or befi)re Jul;, 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and piers. Q) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-halfthe height ofthe walls as treasured in a downward direction from the top wall plate or header and only covering the top half of the walls. Measurements of square footage shall betaken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. (k) The area enclosed by a boat lift shall not exceed 400 square feet. (1) Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed but shall not be designed to allow second story ise. (m) 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. (n) 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. 48 -- J (o) Piers, docks and boat houses ;hall 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 t rsect tl-::� shoreline. The n-linimucset!-acks •-rovWed in the rule maybe waived by the written agreemept ofthe , djlacent aril 7 0,.'nea s}, r wh..7 1 . ;> -:c i .0 I'T:; .tn o •`nr• Pre co a;�plic nuts. Should the adjacent property i,e sold before lilt ;a:.'; <i wrl':: 1l a°I'Ce117C111 Wltll the t7ew 0 i'net'lvalvlllf the rnlnii itim. n' 'w':� an sr `Ii I:t it to Ll'c l r - 4-11 i �Iar -!. 1nt of lol rt) '7iltating anydevc1opment of the pier, dock, or boat 11 i^ c di1'li;� i '" _... ; l`e c, lL"%`'i•", ._I by dl"awtn< 8 llli- ,�011 (�T tlii: Cl7atlllel OI' de( 1:) v,':lti T' in short of t''e property. t1' n d['aw i:- .: line perp, Idicular to the line of the channel so that it intersects with the shore at the po nt :he upland propert,, line r:7eets the water's edge. Application of this Rule may be aided by reference to the approved diagram in Paragraph (r) of thi, Rule illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Manage ment. When shoreline configuration is such that a perpendicular alignment cannot be ach ie\ ed, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable. (p) Piers, and mooring facilities sh:ail be designed to provide docking space for no more than two boats. (q) 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. (r) The diagram shown below illustrates the various shoreline configurations: ExA vtPLEs ,, RIPARIAN ACCESS AREAS PROJECT AREA 1 � , EDGE Of CIIANNEL OR DEEPWATER PROPERTY LINE — RIPARIAN Ll:tiiiT S MEAN HIGH WATER WATER History Note: Authority C.S. 113A-I07a); 113A-107(b); 113A-113(b); Eff. -•!arch 1, 1984; AmeY7_ied Eff. December 1991; .Clay 1, 1990; March 1, RRC Objection dz,e to ambiguity - f .Warch 18, 1993; Amended Eff. August 1, : 998; Apri! 23, 1993; Temporary Amendment :Lf. December 20, 2001; 113A-118.1; 113A-124; 1990; 49 Amended Eff. April 1, 2003. e ti 50