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HomeMy WebLinkAbout14534_WILLIS SR, JONATHAN M_19950505�J Applicant Name Address —� CityOY CAMA AND DREDGE AND FILL GENERAL PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and th in an area of environmental concern pursuant to 15A NCAC 2 Type of Project Activity PROJECT DESCRIPTION Pier Pier (dock) length Groin length number Bulkhead length SKETCH '0'1411 2'!er Z'�P�J� (SCALE: .,iax. distance offshore Basin, channel dimensions /S//'q/ O cubic yards y,� �j� /y�A7' i er Boat ramp dimensions / f Other 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, — imprisonment or civil action; and may cause the permit to be- come 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) this pro - is consistent with the local land use plan and all local (—finances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal ,anagement Program. re perm)t otticer'si ignature issuing date expiration date attachments application fee P P t/ ,1 ID POPO�F� �F`Y Doc,< o 0 A P,eu- s, 4 11 6 9 yy N'�'� �� r y0ys� •rN• w � �N M .°� co Q r W h cell i I �tF r � 10 1v P�Ec��-/Yotit r oav n Conts/5Y5 or` SANJ�Sr�E�r-. w IIIclllcjilS4i_ me A-OJ r 76DC1=7H �Ror'OS E/3 Docrt <-YTE /�/�/o/v; Ijpgzl,� 5, %q 5 .Jou w,ccis„Se. l3oGuE / r7 aAn/Ks 57 , AA c NEQ4) .UC _f513557 Souuo � e � ti WI11 a� Av Cary a Pia✓£e r Ie �, S,Tc ®� CAerE.eEr Co. 1000 F«T Boau e Sou.1 u a IC W J EHNR - COASTAL MANAGEMENT T15A: 07K .0200 (vi) The project will continue to be used for private, residential purposes; (c) for boatramps: (i) The project, as modified, would not exceed 10 feet in width and 20 feet offshore; and (ii) The project will continue to be used for private, residential purposes. The criteria in the categories listed in this Rule are aimed primarily at exempting from the CAMA permit those projects that are simple modifications intended for private use. These are considered to be a reasonable expression of a waterfront property owner's right of access. History Note: Statutory Authority G.S. 113A-103(5)(c); 113A-118(a); Eff. March 29, 1978; Amended Ef. . July 1, 1981. .0203 . _ AND PIERS EXEMPTED (a) The N. C. Coastal Resources Commission hereby exempts from the Coastal Area Management Act permit requirement work in the estuarine shoreline and public trust waters areas of environmental concern necessary to maintain, repair, and construct private bulkheads with backfill, and to place riprap material along shorelines, and construct piers or mooring facilities in waters of North Carolina. This exemption is subject to the following conditions and limitations: (1) The activities exempted by this Rule shall be private, non-commercial activities conforming to the standards and conditions contained in this Rule. This exemption does not apply to development associated with multi -unit residential developments larger than duplexes or to marinas, commercial harbors, community or neighborhood boat access, fish houses or similar commercial activities. (2) This exemption is applicable only along estuarine shorelines void of wetland vegetation types described in NCGS 113-229, or where all construction is to be accomplished landward of such vegetation, or where the pier is elevated above said wetlands. (3) This exemption only applies to bulkheads, riprap, and piers in non -oceanfront areas. (4) This exemption does not eliminate the need to obtain any other required federal, state, or local authorization. (5) Before beginning any work under this exemption the Department of Environment, Health, and Natural Resources representative must be notified of the proposed activity to allow on -site review of the bulkhead, riprap material, or pier alignment. Notification can be by telephone, in person, or in writing. Notification must include: (A) the name, address, and telephone number of landowner and location of work including county, nearest community, and water body; (B) the dimensions of the proposed pier, bulkhead with backfill, or the area dimensions to be covered by placement of riprap material; (C) 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. (These statements do not have to be presented at the time of notification of intent to perform work, but the permittee must make it available to CRC agents at their request.) (6) The landowner must agree to perform the work authorized in this Rule in a manner so as to conform with standards for development in the estuarine shoreline area of environmental concern. (b) Bulkheads and Riprap: Conditions (1) The permittee shall maintain structure of areas of riprap material authorized in this Rule in good condition. (2) Bulkhead with backfill, and placement of riprap material exempted by this Rule will be limited to a maximum shoreline length of 200 feet. (3) The bulkhead backfill and riprap materials must be obtained from an upland source. (4) No excavation is exempted under this Rule except that which may be required for installation of the bulkhead wall, deadmen, cables, piles, etc. (5) The proposed bulkhead alignment or area for placement of riprap material must be staked or flagged by the landowner in consultation with, or approved by, a state or federal permit officer prior to any construction activity. The bulkhead must be positioned so as not to extend more than an average distance of two feet waterward of the mean high water contour; in no place shall the bulkhead be more than five feet waterward of the mean high water contour. Construction activities NORTH CAROLINA ADMINISTRATIVE CODE 04126193 Page 2 EHNR - COASTAL MANAGEMENT T15A: 07K .0200 must begin 90 days after approval of the alignment or area. (6) The bulkhead must be solid structure constructed of treated wood, concrete slabs, metal sheet piles, corrugated asbestos sheeting, or similar materials. A structure made of organic material, tires, car bodies, or similar materials is not considered a bulkhead. (7) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the bulkhead. The bulkhead must be constructed prior to any backfilling activities. (8) Riprap material must consist of clean rock or masonry materials such as marl, brick, or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material are not considered riprap. (c) Piers: Conditions (1) Piers and mooring facilities must not exceed 200 feet in total length off -shore; must not be within 150 feet of the edge of a federally maintained channel; must not extend past the four foot mean low water contour line (four foot depth at mean low water) of the water body; must not exceed six feet in width; must not include an enclosed structure; and must not interfere with established navigation rights of other users of the water body and must have a minimum setback of 15 feet between any part of the pier and the adjacent property owners' areas of riparian access as described in 15A NCAC 7H .0208(b)(6)(E). The four foot mean low water restriction shall not apply to piers constructed in canals and basins dredged from areas above mean high water (MHW) or normal water level (NWL). (2) Piers may have T-heads or platforms not exceeding 500 sq. ft. built at their waterward end and not covering any wetland areas. (3) This exemption shall not apply to docks and piers being built within shellfish franchises or leases unless the applicant for authorization to construct can provide written confirmation of no objections to the proposal from the lessee. (4) Piers authorized by this exemption shall be for the exclusive use of the land owner, and shall not provide either leased or rented docking space or any other commercial services. Piers and mooring facilities designed to provide docking space for more than four boats shall, because of their greater potential for adverse impacts, be reviewed through the permitting process, and are, therefore, not authorized by this exemption. History Note: Statutory Authority G. S. 113A-103(5)c; 113A-118(a); Eff. March 29, 1978; Amended Eff. May 3, 1993; December 1,, 1991; May, 1, 1990; July 1, 1987. .0204 EXEMPTIONS FOR PROJECTS REQUIRING AIR QUALITY PERMIT Modification to Existing Sources or Control Devices. Generally, projects in this category are modifications to facilities or control devices which are necessary for upgrading existing capacities or meeting minimum air quality standards. Existing abatement devices may be modified or new equipment installed; however, the purpose of such modification is not tied to expanding capabilities. Projects falling into this category will be exempted from the CAMA major -development permit if: (1) The modification is necessary for upgrading existing capabilities or to meet minimum air quality standards, or (2) The modification involves installation of additional abatement devices necessary to meet minimum air quality standards, and (3) Such modification does not involve significant land -disturbing activities or necessitate surface or subsurface disposal of water. History Note: Statutory Authority G.S. 113A-103(5)(c); 113A-118(a), Eff. March 29, 1978. .0205 EXEMPTIONS FOR PROJECTS REQUIRING THE NPDES (a) Projects requiring the National Pollution Discharge Elimination System permit are those which will discharge wastewater from an outlet, point source, or disposal system into the surface waters of the state. (b) Modification of Existing Facilities. Projects in this category generally are those facilities which undergo some sort of modification either to meet current effluent limitations or to improve existing capacities. Projects NORTH CAROLINA ADMINISTRATIVE CODE 04126193 Page 3 EffNR - COASTAL MANAGEMENT TI SA: 0713.1I00 r SECTION .1100 - GENERAL PEXNUT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION ri ESTUARDYE AND PUBLIC TRUST WATERS 1101 PURPOSE This permit will allow the construction of bulkheads and the placement of riprap for shoreline protection in the_public trust waters and estuarine waters AECs according to authority provided in Subchapter 77 .1100 and according to the following guidelines. This permit will not apply to shoreline protection within the ocean hazard AEC. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Ef March 1, 1984. .1102 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and complete an application form Mquesting 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 bra notified by certified mail of the proposed work. Such notice should 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 wi11 be interpreted as no objection. DCNf staff will 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 will be notified that he must submit an application for a major development permit. (c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division of Coastal Management representative so that the proposed bulkhead alignment can be appropriately marked. Written authorization to proceed with the proposed development may be issued during this visit. Construction of the bulkhead or riprap structure must begin within 90 days of this visit or the gene. -al authorization expires and it will be necessary to re-examine the alignment to deter -mine if the general authorization can be reissued. History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118. I, 113A-124; E, . March 1, 1984; Amended Ef`. January 1, 1990; December 1, 1987. .1103 PEP. -NUT FEE The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the Department. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b), 113A-113(b); 113A-118.1; 113A-119; 113A-124; E, j. March 1, 1984; Amended E, f . March 1, 1991. .1104 GENERAL CONDITIONS (a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming to the standards herein. (b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under authority of this general permit is in accordance with the terms and conditions NORTH CAROL12VA ADMINISTRATIVE CODE 06129194 Page 1 Y h EHNR - COASTAL MANAGEVENT ` TISA: 07A .1100 prescribed herein. (c) There shall be no significant interference with navigation or use of the waters by the public by the existence of the bulkhead or the riprap authorized herein. (d) This general permit will not be applicable to proposed construction when the Department determines after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation, or recreational values. (e) This general permit will not be applicable to proposed construction where the Department determines that the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger adjoining properties. In those cases, individual permit applications and review of the proposed project will be required according to 15A NCAC 7J. (f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. (9) 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: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff.' March 1, 1984; Amended E, f . May 1, 1990; December 1, 1987; ARC Objection due to ambiguity Eff. May 19, 1994; Amended Ef. . July 1, 1994. .1105 SPECIFIC CONDITIONS (a) This general permit is applicable only along shorelines void of wetland vegetation including marsh grass and wooded swamp, or where all construction is to be accomplished landward of such vegetation. (b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must be positioned as follows: (1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet waterward of the mean high water mark, or the normal water level contour, whichever is applicable. In no case shall the bulkhead be positioned more than 5 feet waterward of the mean high water or normal water level contour at any point along its alignment. (2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high water mark or normal water level contour at any point along its alignment. This location standard also applies to riprap proposed waterward of the existing bulkheads. (c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be Positioned so as not to exceed more than an average distance of 5 feet water -ward of the mean high water mark or the normal water level contour, whichever is applicable. In no case shall the bulkhead or riprap be positioned more than 10 feet waterward of the mean high water or normal water level contour at any point along its alignment. For the purpose of these Rules, the Atlantic Intracoastal Waterway (AIWW) is considered a natural shoreline and development must occur as described in 7H .1105(b). (d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500 feet. (e) All backfill material shall be obtained from an upland source. (f) The bulkhead must be constructed, or the riprap must be in place prior to any bacicfiIling activities. (g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfill materials through the structure. (h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. 0) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. (k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the canal or basin. NORTH C4.ROLIh'A ADHI. ISTRATIVE CODE 06129194 Page 2 EENR - COASTAL MANAGEMENT TISA: 07H ,1100 s� (1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources, band Quality, Section, or appropriate local government having Jurisdiction. This plan must be approved prior to commencing the land -disturbing activity. History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-I24; E�' March 1, 1984; Amended Ef: December 1, 1991; January 1, 1989; December 1, 1987. NORTH CAROLINA ADMINISTRAMT CODE 06129194 Page 3