43055_SMITH, VIRGIL_20060307

--. ❑CAMA / ❑ DREDGE & FILL
GENERAL PERMIT j
Previous permit #
UNew ❑Modification El Complete Reissue ❑Partial Reissue Date permit ermit issued
P
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 V I'AG OL '�ZMIT 14 Project Location: County y�
Address i"U Q3q 9 Street Address/ State Road/ Lot #(s) j
City State C Z1P-O77q9g .13 -51 DOCK-- I` V
Phone # (o �aff9J Fax # ( ) Subdivision / CAkeltiy- &wz=—
Authorized Agent RdAM" N9MAN City D��(_ ZIP
ElCW EW *PTA ElPTS Phone # (7� "� B River Basin
Affected
❑ OEA ElHHF ElIH ❑ UBA ❑ �
N/A
AEC(s): Adj. Wtr. Body ��f 1VCk` ..,c
4 j%Jj/9 ��x� /man /unkn)
❑ PWS: ❑FC:
ORW: yes /.no' PNA yes / Crit. Hab. yes / Closest Maj. Wtr. Body c ofe Ic IT1"r� k �l'l/n/p
Type of Project/ Activity %/lt'�%" C. X / 5 Ock p :t
Pier., (dock I.ngth�
Platform(s)
Finger pier(s)
Groin length
number
B9�i kjp-p length
avg9distance offshore
max distance offshore
Basin, channel
�YTT(/FI? )Tf�t��� �-f? �IYC 4'} ? .►t!T®`� (Scale:
0' - A- iiC ---
t
-- a --� -
cubic yards {
Boat ramp
BoathouslgEw-
-
Beach,Bylldozing
Othet-0t,�! i�
1"tl; ,�on f
Shoreline Length
r
SAV: not sure yes _-
Sandbags: not sure yes ris
Moratorium: n%a yes no
Photos: E)s no
Waiver Attached: yes n ') -
A building permit may be required by:
Notes/ Special Conditions / Do, CK
CU9, 00
Agen- o App icant rinted Name .._.`
VVs wV �v=
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❑ See note on back regarding River Basin rules.
IT Sl_1PS MU I- I:,,
Signature ee Please read compliance statement on back of permit
Application Fee(s) Check #
Issuing Date° - ExpiAtion`Dtate
-r S
Local Planningjurisclidtlon 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, certifythatthis project is consistentwith 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
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
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
400 Commerce Ave
Morehead City, NC 28557
202-808-2808/ 1-888ARCOAST
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
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 06/29/05

�ICX1 -6 Il-
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor
Mr. Thomas Dorsey
9701 Grasmere Drive
Charlotte, NC 28270
Dear Mr. Dorsey:
Charles S. Jones, Director
rZ TIP
MAR 0 9 2006
ResWrsehead City Dc
William G. Ross Jr., Secretary
March 7, 2006
Re: Objection to the Issuance of CAMA General Permit No. 43055-A,
Development Project in Dare County
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Ms. Roxanne Dorman, an agent for Mr. Virgil Smith, for the installation of a dock,
gazebo, and two boat slips at 1356 Duck Road in Dare County. Mr. John Cece, of the Division
of Coastal Management staff, was recently on site to evaluate the permit applicant's request.
The permit applicant has requested a permit to install
• A dock approximately 200 feet long and four to six feet wide,
• A 380 square foot gazebo, and
• Four pilings to create two boat slips adjacent to the proposed pier.
Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC)
has established Rules for General Permits for this type of development that are found in 15A
NCAC 07H .1200.
You have notified the Division of Coastal Management (DCM) of your objections to this
proposed development by a letter sent to Atlantic Environmental Consultants, dated February 11,
2006. Your objections to this proposed development related to
• The dimensions of the proposed gazebo,
• The distance between the proposed gazebo and your property line,
• The length of the proposed pier in relation to your pier, and
• The distance between the proposed pier and your property line.
Mr. John Cece has reviewed your objections, along with all aspects of this development proposal
for consistency with the aforementioned Rules, which describe the CRC's standards and
guidelines for this type of development. Our review of the proposed development has found it to
be consistent with these Rules.
Section 15 NCAC 07H.1205(g) of the Division of Coastal Management's rules states that
platforms (which includes gazebos) "shall not exceed more than 4 square feet per linear foot of
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr. Thomas Dorsey
March 7, 2006
Page 2
shoreline." Because Mr. Smith's property has a shoreline length of 95 feet, he is permitted to
install a platform/gazebo up to 380 square feet in size (4 x 95 = 380). Discussions with Ms.
Roxanne Dorman have revealed that Mr. Smith proposes to install a 19-foot by 20-foot gazebo to
meet this requirement. Section 07H.1205(1) limits the height of the proposed gazebo to a single
story. The gazebo will be roofed, but it cannot be designed to allow for second story use.
Section 07H.1205(b) of this same rule states "piers, docks, and boat houses shall not extend
beyond the established pier length along the same shoreline for similar use" and "the length of
piers shall be measured from the waterward edge of any wetlands that border the water body."
Mr. Cece has examined piers located near Mr. Smith's property and has determined that they are
approximately 150 feet long. Therefore, Mr. Smith's pier will be limited to a length of 150 feet.
Section 07H.1205(o) requires that piers and docks have a minimum setback of 15 feet from
adjacent riparian property lines. Ms. Dorman's February 15, 2006 letter to you states the
proposed pier will be located approximately 38 feet from your northern property line and the
gazebo will be located approximately 28 feet from your property line. Both of these distances
exceed the 15 feet required by 07H.1205(o).
After having given careful consideration to your objections to this proposed development, we
have determined that it is consistent with the Rules of the CRC and the State's Coastal
Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of
Coastal Management issued General Permit No. 43055-A on March 7, 2006 (copy attached) for
the proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. If you choose to pursue an appeal, please contact this office so that we can provide you
with the appropriate forms and addresses.
If you have any further questions regarding this matter, please do not hesitate to contact Mr. John
Cece, or me, at this office.
Sincerely,
Ted Sampson
District Manager
Northeast District
TS/yc
cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City
John Cece, Field Representative, Division of Coastal Management, Elizabeth City
Roxanne Dorman, SENIOR Consultant, Atlantic Environmental Consultants, Kitty Hawk