HomeMy WebLinkAbout16955_PINE KNOLL TOWNE I_19970116Applicant Name
Addt^es }
City
Proisct loocatior
CAMA AND DREDGE AND FILL n�
GENERAL ~ - 016S55
7/�
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC ice7
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Type of Project Activity
1-1
O
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PROJECT DESCRIPTION SKETCH (SCALE: ►,Cti.}2�/ }
Pier (dock) length
Groin length
AQc-
number
Bulkhead length
h ff dis
tance stance offshore
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i
Basin, channel dimensions
cubic yards �- — -
Boat ramp dimensions
it other Iqs 0�� , _ { � i � ,. r.. ._
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
applicant's signature
imprisonment or civil action; and may cause the permit to be-
come null and void. r
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance. �J '.)
The applicant certifies by signing this permit that 1) this pro- `— � -7 —
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from <
adjacent riparian landowners certifying that they have noA ( 1\�
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that .�
this project is consistent with the North Carolina Coastal application fee VJC_ '
Management Program
MIC:HAEL F. EASLEY
ATTORNEY GENERAL.
MEMORANDUM
State of North Carolina
1)cp<trtrrnent ()t Justic•c
13. 0, BOX 629
RALEIGH
2 7602-0629
TO: Donna Moffitt, Director
Charles Tones, Assistant Director
ed Tyndall, Morehead City District Manager
FROM: Mary Penny Thompso gr
Associate Attorney General
DATE: April 26, 1999
ReplYNAY 0 3 1999
Mary Penny Thompson
Environmental Division
Tel: (919) 716-6600
Fax: (919) 716-6767
E-Mail: mthomp0mai1jus.state.nc.us
RE: Pine Knoll Townes Phase III Variance Request, Carteret County
Attached is a copy of a CAMA variance request filed by Pine Knolls Townes Phase III. The
Petitioner requests a variance from the rules requiring sandbags to be placed within 20 feet of
threatened structures. The Petitioner's proposed project would extend sandbags from the current
placement along Phase III to join another existing placement of sandbags along Phase Il. This
"bridge" of sandbags would be placed approximately forty to forty-five feet away from the
threatened structures.
Please note that I have been assigned to handle this case. I will need to get a copy of the
Permit Application and anything else in the file. I have reviewed the variance request and believe
we will need more adequate drawings on the proposed project to give us better topographical, survey
and site location information. If you have any questions or wish to discuss this matter further, do
not hesitate to call me. Please note that I will be on vacation or out of the office from April 27
through May 3, but may be reached at the Environmental Division number (919)716-6600 after
May 3.
mmp
EP/32092
MICHAEL F. EASLEY
,\TTORNEY GENERAL.
William H. McClain
115 Pine Knoll Shores
Pine Knoll Shores, NC 28512
State of North Carolina
1)cparttnent Of .lustic(�
I'. 0. 1iOX 629
HALEIGH
27602-0h29
April26, 1999
Re: CAMA Variance Request by Pine Knoll Townes Phase III
CMV 99-05
Dear Mr. McClain:
Reply to:
Mary Penny Thompson
Environmental Division
Tel: (919)716-6600
Fax:(919)716-6767
E-Mail: mthomp@maiijus.state.nc.us
I have reviewed your CAMA Variance Request received by the Division of Coastal Management
on March 22, 1999 and found that we will need better site drawings with adequate topographical and survey
information in order for the variance request to be heard at the Coastal Resources Commission Meeting on
May 27 and 28. In particular, I noticed that you have attached a drawing showing the sandbags for Phase
II and the sandbags for Phase III with a distance of 40 feet between the two. However, I request that you
submit more adequate drawings providing better topographical, survey, and site location information in
accordance with 15A NCAC 7J.0701(c)(5).
In addition, I will need to work with you on developing stipulated facts before the variance can be
heard by the Commission. Once we have settled the stipulated facts, I will draft a staff recommendation
which you will need to review and which should be sent out at least two weeks prior to the meeting (by May
14). Please note that I will be out of the office from Tuesday, April 27 through Monday, May 3. Please
contact me on Tuesday, May 4, so that we may discuss the drawings and stipulated facts as well as the staff
recommendation prior to our May 14 deadline. With best wishes I am
MPT:mmp
cc: Donna Moffitt
Charles Jones
ed Tyndall
EP/32091
Very truly yours,
Ma enny Thompson
Associate Attorney General
Anl:clu,tl Ol,Ixrrnuiily� / .\ttintr.ui��e.\c�tic>n l:nr1>lcnc�r ��
DCM FOR.vI 11
PETITIONER'S NAME
COUNTY
FILE NUMBER
Oriv/lv-. +o �t ds,�� (;;1t -3-22WRECE1VED
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k, J ") "l - t`5
(Petitioner leave blank)
MAR 2 2 1999
MAY
CRIT NAGEMENT
CAMA VARIANCE
REQUEST
Pursuant to North Carolina General Statute 1 13A-120.1 and ISA North Carolina Administrative
Code 71 Section .0700, the Petitioner in this matter applies to the Coastal Resources Ccaunission
for a variance. - -
For this application to be complete, the Petitioner must provide cjsmpitLg responses to each
statement below:
(a) Will enforcement of the applicable development guidelines or standards causing
the Petitioner practical difficulties or unnecessary hardships? If so, the petitioner
must identify the difficulties or hardships.
(b) Do such difficulties or hardships result from conditions peculiar to the petitioner's
property? Explain-
(c) Could the Coastal Resources Commission have reasonably anticipated these
conditions when the applicable guidelines or standards were adopted? Explain.
(d) Is the proposed development consistent with the spirit, purpose and intent of the
Commission's regulations? Explain.
NOTE: For this request to be considered, the Petitioner must be able to answer (a), (b) and
t to the affirr•.iarive and (c) in the negative.
Due to the above information and pursuant to statute, the undersigned hereby requests 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. The undersigned has attached:
(b) A complete description of the proposed development, including a
site drawing with adequate topographical and survey information.
Dale Signature
Name of Petitioner or Attorney
AdcLreSS
City State Zip
Telephone Number
This variance request must be served on the Director, Division of Coastal Management,
and the Attorney General's Office, Ettvirorunental Division, at the addresses shown on the
attached Certificate of Service Form. If a contested case hearing will be required to resolve
disputed face or you want to appeal the permit decision upon which your Variance Request is
based, a Petition for a Contested Case Hearing should be filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447 as well as with the above parties.
REVISED AUGUST 7, 1997
-qMJ CT: Request for variance
REP: permit No. 019681
A. Yg At this time saruLags are in place along the beach frontage of
Pins Knoll Townes Phases IY and III, in accordance with cent
CAMA regulations. This installation leaves an unprotected front-
age area of approximately forty (40) feet. The unprotected area
will allow for any nigh surf to wash out and go behind the exist-
ing sandbags, causing damage to the ones presently in place. This
would cause a definite impact on the foundations of front units
for both Phase II and III.
A. VM This unprotected area creates a void and high surf will wash out
the sandbags and then the foundations of the units on the ocean
front.
C. Na It was requested at the time the sandbags were installed (Parmit
No. as stated) to connect the two phases' sandbags In order to
make a solid front. This would reduce or, hopefully, stop the
funnel effect that would occur in a high tide or hurricane situa-
Lion. This request was disapproved in accordance with regulations
at that time.
JP. YES It is felt that a solid front of sandbags will better assure the
Protection of the properties as well as build up and restore the
dunes.
PHASE III
PINE KNOLL TOWNES
0 0 0 00
O 0 0 0 0 0
0000000
40`
PHASE II
PINS KNOLL TOWNES
0 0 0 0 0
0-0 ,0 0 -0 0
O O O 0 O Q 0
't would take dWrcximately thirty ( 30 ) sandbags to fill the above space
ZAW CAMA Regulations.
4
4 '
`1
'�v
February 12, 1099
Mr. Richard Leinihall
Pine Knoll "Towne III
139 Pine Knoll Towne, Phase III
Pine Knoll Shores, NC 28512
Dear Mr. Leinthall:
NORTH CAROLINA DRPARTMENT OF
ENVIRONMENT AND NA'rURAL R98OUCKS
DIVISION of COASTAL. MANAGEMENT
This letter is in response to your verbal request to install additional sandbags along the erosion
escarpment at Pine Knoll Towne - Phase III property, in Pittc_KnnILC aEm rfl�o o.,ty, A.
i recall and from a search of our files, the North Carolina Division of Coastal Management issued
CAMA General permit #019681 to Pine Knoll Towne - phase III back in September of 1998. That
permit was for approximately Igo, of sandbags. The sandbags were permitted in front of both
buildings at the site as well as in front of the existing septic system serving the two structures. The
lateral exrension of the sandbags was a distance of 20' to the east and west of the two buildings. The
sandbags have been installed and are in compliance with all permit conditions,
From roy understanding, you wish to extend the bags even farther to the cgSt to tic into the bags that
had previously been imUlled by pine Knoll Towne, Phase H. Ibis would extend the distance from
the foundation of the easternmost building another 20' to 25' and cause the temporary erosion
"ontrol structure to be located a total of 40' to 45, from the aforementioned foundation. As I
9iscussed with you at the site back in September as well on the telephone more recently, the rules
£or temporary erosion control structures (sandbags) do dot allow for the sandbags m "extend more
than 20 feet past the sides of the structure to be protected." Consequently, your request to extend
the sandbags beyond the Original permitted location must be denied.
If you wish to request a variance to this rule, you must file a LAMA Variance Request form
pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative
Code 71 Section .0700. I have enclosed the appropriate form if you choose to pursue that avenue.
Such a variance request must be served on the Director, Division of Coastal Management, and the
Anomey General's Office, Environmental Division. The appropriate addressee are on the enclosed
form.
If I can be of further assistance in this or other related matters, please don't hesitate to contact the
at my Morehead City office (252-808-2808).
Sincerely,
I-AlJ 1yt.0 it
M. Ted Tyndall
District Manager
cc; Charles Jones - Assistant Director
Charles Pigott - Coastal Management Representative
Roy Brownlow - Pine Knoll Shores LPO
zn PAPER
NCDENR
MEMORANDUM
'JAMES B. HUNTJR. '� ;:fit'' TO:
GOVERNOR
Vv.
FROM:
�X
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
Mary Penny Thompson
Associate Attorney General
M. Ted Tyndall A
Morehead City District Manager
DATE: May 5, 1999
RE: Information for the Pine Knoll Townes Phase III Variance Request
Pine Knoll Shores, Carteret County
Enclosed is a copy of the permit file for the Pine Knoll Townes Phase III variance
request in Pine Knoll Shores, Carteret County. Included is a copy of the CAMA
General Permit #019681-C issued to Pine Knoll Townes Phase III, a copy of the
sandbag removal notice with appropriate signature, a copy of the letter to Pine Knoll
Towne Phase III denying their verbal request to extend the sandbags, and current
pictures of the site. Also enclosed is a copy of CAMA General Permit #016917-C
and a subsequent CAMA General Permit #016971, both issued to Pine Knoll Townes
Phase H (I believe that the bags were never installed during the life of the first GP),
and the required sandbag removal notice.
One item that I noticed that needs clarification is the exact location of the common
property line between Phase II and Phase III. After reviewing the General Permit
issued to Phase II, it appears that the sandbags for that phase end 9 1/2 feet from the
property line. Hopefully, the petitioner's plats and associated site location
information will address that issue. If you need any additional information, please
don't hesitate to call me.
cc: Charles Jones - Assistant Director
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE 252-808-2808 FAX 252-247-3330
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST -CONSUMER PAPER
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