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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 { — � kllbkk J0dT C40 Jt4SAIS— PACC- Phone Number T i Type of Project Activity 1-1 O e PROJECT DESCRIPTION SKETCH (SCALE: ►,Cti.}2�/ } Pier (dock) length Groin length AQc- number Bulkhead length h ff dis tance stance offshore `�--��►•— — ` — `— 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 ��� 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 iavw*lvm I I I I I I I I ! I I I I. I I I I I I I I I. I. OiOHd unOHj� I I I I I I I I I I I I I .. I I I I I I I I . I I m [(DI HOUR PHOTO WAL*MART Guaranteed��� Quality n SM le 3 a -U � (D REPRINT ORDER FORM Check Film Size 35 mm❑ 1100 IMPORTANT; DO NOT CUT NEGATIVES APART Special. b �, `r 1 t �- y � �'� � � ,, :.� � !i: �. I q_ ; :�•F :�. _ � - .- ,: of 'z .rt w74= -,�; - ��� ,.