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HomeMy WebLinkAbout44525_VICK, ELIZABETH_20000222DREDGE & FILL N? 44525 GENERAL PERMIT Previous permit # �lew -Modification Complete Reissue —.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 oenvironmental concern pursuant to 15A NCAC Y ules attached. Applicant Name ( / ZA� t —" ' v /C Project Location: County Address n l j Fro,, S'4 Street Address/ State Road/ Lot #(s) City V6 t AC 4� 4- State/lC- ZIP oZ �� -i- j f -7 f" r-o, / %/� �- `C7 — - — Phone # (Z'Z) 7.2'6 — - ax # ( ) Subdivision(( _ - Authorized Agent f"e�P�t (iljc. City rJt��t _ ZIP__/ -- CW e-AEW �-TTA ES a PTS Phone # (^) River Basin v�`' / 04 `+ Affected -- P _ IH UBA [I N/A `/ AEC(s): OEA HH = PWS. AFC. Adj. Wtr. Body_ �/f `-+ e{� n man unkn ORW: yes ( ri PNA yes G` 1 Crit. Hab. yes J no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: notsure yes (o Sandbags: not sure yes go Moratorium: n/a yes (,no Photos: yes `60' Waiver Attached: yes [10 A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Pleaseread compliance statement on back of permit* Application Feels) Check # (Scale: See note on back regarding River Basin rules. C' Issuing Da e Local Plan ning)urisdiction Tlit�i.n Date Rover File Name A d NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 22, 2006 Elizabeth Vick 1117 Front Street Beaufort, NC 28516 Dear- Ms. Vick: Attached is General Permit 444525C- to reconstruct a dock: in its original footprint at 1 117 Front Street, Beaufort, NC. In order to validate this permit, please sign the permit as indicated. Retain the white copy for your files and return the signed yellow and pink copies to us in the enclosed, self-addressed 15 envelope. If the signed permit copies are not returned to this office before the initiation of development, you will be working without authorization and will be subject to a Notice of Violation and subsequent civil penalties. We appreciate your early attention to this matter. Sincerely, r Ryan Davenport Coastal Management Representative lsb Enclosures 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper a n n r V Ji'�I�rehea MCM r a $ �� ad ��� �:C•s�t ��t� RRR777��� laownCn�nLu:n Ur..•nnnl � �' . � L_NVIIl:•Il1AF.1IT ntU Nn.tl'e/.L •1 � '� y N.C.Deq_M.1:t1_a:zent 121:).d. _e'CS _ - -- —_ __ ----- — -- ----- --- --- ---.._..._ ....----.---------.---- - ):`cl.ease: llrlll�ediate CoDori Rcutia, Public, Affairs Dircct.or Date., 1.5, 2005 11horic: 91.9/71.5A 1.12 COASTAL NIANAGr�'Y.NT OrF)=?RS_MI1_ERGENCY CA,MA PE'RM1:1=-FOR. HU_ RRI:CAN1 R.Y_`COV_i RY, - --TIPS FOR HELPING SPE'E'D UP PERMI I' PR.00E„SS RALEIGH — Coastal property owners who need to replace docks, piers, bulkheads or similar structures damaged by Hurricane Opheli.a along sounds, rivers and creeks may be able to do so quickly by using an emergency general permit offered by the state Division of Coastal Management. The permit regulations speed up the authorization process for rebuilding structures that meet state standards. The rules also waive permit fees for those projects, as well as beach bulldozing and maintenance dredging of existing channels related to hurricane -.recovery. Bill Ross, secretary of the Department of Environment and Natural Resources, activated the general permit today. It may be used in the following counties: Currituck, Dare, Beaufort, Hyde, Pamlico, Carteret, Craven, Onslow, Pender, New Hanover and Brunswick. The permit does not eliminate the need to obtain any other required state, local or federal authorization. Property owners have until March 15, 2006 to obtain the emergency general permit. Work authorized under the permit must be completed by Sept. 15, 2006. The general permit cannot be used for rebuilding houses and does not apply to the replacement of oceanfront structures. Non -oceanfront property owners who lost their houses will need either a CAMA minor permit or a permit exemption to replace it, depending on where their house was located. Replacement of. oceanfront houses requires a CAMA minor permit. Contact Coastal Management staff before beginning repairs or replacement work, said Charles Jones, director of the Division of Coastal Management. If you want to apply for the emergency general permit, here's how you can help Coastal Management review your request as quickly as possible: 1 Please make your request in person at the Coastal Management office that Covers your county: 1367 U.S. 17 South, Elizabeth City (Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans counties); 400 Commerce Ave., Morehead City (Carteret, Craven and Pamlico counties, and the White Oak River bank in Onslow County); 943 Washington Square Mall, Washington (Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington counties); 127 Cardinal Drive Ext., Wilmington (Brunswick, New Hanover and Pender counties, Onslow County south of the New River, and Topsail Island) -More- Division of Coastal Management Charles S. Jones, Director Phone: (919) 733-2293 FAX (919) 733-1495 1638 Mail Service Center, Raleigh, NC 27699=1638 www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer inaint(-,r)arice dreAging you i1cc.d. to do'Ancludil.lg (linloi-Ision.s anli�kwrclinc StOffrl PiC1111-CS' Of the PrO 'i cct are; cxtrea-nedy helpful, 3. Give your riarric, address, phone nuj.Tl1-)cj- and. the project location. loclude, an), detailcd information that will be helpful) such as lhc state. road. number, flac nanie of the water body and the naine, of the dtvelopn-wilt. 4. For projects involving the dredging or filling of estuarine waters, please provide confirmation that the adjacent riparian property owners have, been notified by certified mail of the proposed work. The notice should instruct neighbors to provide, any comments about the proposed work to Coastal Management within 10 days of receiving the notice, and that a lack of response by them will be interpreted as no objection. S. If you have had any other CAMA permit on your property, please tell the division. Those permits may contain information that will help Coastal Management review your repair or replacement request. Property owners with questions should call their local Coastal Management office: Elizabeth City, 252- 26473901; Morehead City, 25.2-808-2808 or 1-888-4RCOAST (1-888-472-6278); Washington, 252-946- 6481; Wilmington, 910-796-7215. ROME Division of Coastal Management Charles S. Jones, Director Phone: (919) 733-2293 FAX (919) 733-1495 1638 Mail Service Center, Raleigh, NC 27699-163 8 www.necoastalmanagement.net An Equal Opportunity / Affirmative Action Employer Sj-,CTION .2.500 - EMEWIENCY GENERAL, PERMIT, 'T'O B INITIA` IM AT THE DISCRETION OF THE ,SECRETARY OF THE DEPAR`J,MI= N'I' OIa ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENTOF STI:UCTURES,'1'1TE RECONSTRUCTION Ol, PRIMARY OR FRONTAL DUNE SYSTEMS, ANDTHE HE MAINTENANCE J�XCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DES'I'ROYEl:), OIL FILI-ED IN BY I-I.URRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS 15A ncac 07h .2501 PURPOSE Following damage to coastal North Carolina clue to hurricanes or tropical storms, the Secretary may, based upon an examination of the extent and severity of the damage, implement any or all provisions of this Section. Factors the Secretary may consider in making this decision include, but are not limited to, severity and scale of property damage, designation of counties as disaster areas, reconnaissance of the impacted areas, or discussions with staff, state or federal emergency response agencies. This permit shall allow for: (1) the replacement of structures that were located within the estuarine system or public trust Areas of Environmental Concern and that were destroyed or damaged beyond 50 percent of the structures value as a result of any hurricane or tropical storm, (2) a one time per property fee waiver for the reconstruction or repair by beach bulldozing of hurricane or tropical storm damaged frontal or primary dune systems, and (3) a one time per property fee waiver for maintenance dredging activities within existing basins, canals, channels, and ditches. Structure replacement, dune reconstruction, and maintenance excavation activities authorized by this permit shall conform with all current use standards and regulations. The structural replacement component of this general permit shall only be applicable where the structure was in place and serving its intended function at the time of the impacting hurricane or storm, and shall not apply within the Ocean Hazard System of Areas of Environmental Concern (AEC) or waters adjacent to these AECs with the exception of those portions of shoreline that feature characteristics of Estuarine Shorelines. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than in the adjoining Ocean Erodible Area. History Note: Authority G.S. 113A-107; 113A-118.1; Temporary Adoption Eff. October 2, 1999; Temporary Adoption Expired on July 28, 2000; Eff. April 1, 2001. 15A NCAC 07h .2502 APPROVAL PROCEDURES I of 6 9/16/2005 5:11 ] (a) Th.c applicant. must contact. the Division of Coastal Man.agern.ent. anal request approval for structural replacement., dune MCOnStrl1C6011, or maintenance excavation. The applicant shall. provide in.form.at on on site location, diracnsions of the project area, and his or her name and address. (b) `1'he applicant must pa-ovide: (1) Description of the extent of repair, replacement, reconstruction, or maintenance excavation needed, including dimensions and shoreline length; and (2) In the case of structural replacements, any additional documentation confirming the existence of the structure prior to the hurricane or tropical storm., such as surveys, previous permits, photographs or - videos. (c) For projects involving the excavation or filling of any area of estuarine water, the applicant must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such 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 shall 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 this General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant shall be notified that he or she must submit an application for a major development permit. (d) No work shall begin until a meeting is held with the applicant and appropriate Division of Coastal Management representative. Written authorization to proceed with the proposed development may be issued during this meeting. (e) Replacement, reconstruction or maintenance excavation activities must be completed within one year of each activation by the Secretary of this general permit. (f) Authorizations under this General Permit shall not be issued more than one year following each activation by the Secretary of this general permit. History Note: Authority G.S. 113A-107; 113A-118.1; Temporary Adoption Eff. October 2, 1999; Temporary Adoption Expired on July 28, 2000; Eff. April 1, 2001. 15A NCAC 07H .2503 PERMIT FEE The standard permit fee of one hundred dollars ($100.00) has been waived for this General Permit. 2 of 6 9/16/2005 5:11 P] f� Histdry Dote: A.u.tbority G.S. 1.1 3A-107; 113A-1.18.1.; Temporary Adoption Eff. Octobc+: 2., 1999; Temporary Adoption Expired. on July 28, 2000; Eff. April 1, 2001. 15a ncac 07h..2504 GENERAL CONDmONS (a) This permit shall only become available following a written statement by the Secretary that, based upon hurricane or tropical storm related damage, implementation of the provisions of this Section are warranted. (b) Based upon an examination of the specific circumstances following a specific hurricane or tropical storm, the Secretary may choose to activate any or all of the components of this Section. The Secretary may also limit the geographic service area of this permit. (c) This permit authorizes only the replacement of damaged or destroyed structures, the reconstruction of frontal or primary dunes, and maintenance excavation activities conforming to the standards described in this Section. (d) This permit does not authorize the replacement of any structure within any Ocean Hazard Area of Environmental Concern, with the exception of those portions of shoreline within the Ocean Hazard AEC that feature characteristics of Estuarine Shorelines. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than in the adjoining Ocean Erodible Area. .(e) 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 authority of this general permit is in accordance with the terms and conditions prescribed in this Section. (f) This general permit shall 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. (g) This general permit shall not be applicable to proposed construction where the Department determines that authorization may be warranted, but that the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger adjoining properties. In those cases, it shall be necessary to review the proposed project under the established CAMA Major or Minor Development Permit review procedures. (h) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. (i) This permit does not preclude an individual from applying for other authorizations for structure replacement that may be available under the Coastal Area Management Act and the Rules of the Coastal Resources Commission. However, application fees for any such authorization shall not be 3 of 6 9/16/2005 5:11 Pl waived or deferred. History Note: Authority G.S. 113A-107; 113A--1.18.1; Temporary Adoption Eff. October 2, 1999; Temporary Adoption Expired on July 28, 2000; Eff. April 1, 2001. 15A ncac 07h .2505 SPECIFIC CONDITIONS (a) The replacement of a damaged or destroyed structure shall take place within the footprint and dimensions that existed immediately prior to the damaging hurricane or tropical storm. No structural enlargement or additions shall be allowed. (b) Structure replacement, dune reconstruction, and maintenance excavation authorized by this permit shall conform to the existing use standards and regulations for exemptions, minor development permits and major development permits, including general permits. These use standards include, but are not limited to: (1) 15A NCAC 07H .0208(b)(6) for the replacement of docks and piers; (2) 15A NCAC 07H .0208(b)(7) for the replacement of bulkheads and shoreline stabilization measures; (3) 15A NCAC 07H .0208(b)(9) for the replacement of wooden and riprap groins; (4) 15A NCAC 07H .I500 for maintenance excavation activities; and (5) 15A NCAC 07H .1800 for beach bulldozing landward of the mean high water mark. (c) The replacement of an existing dock or pier facility, including associated structures, marsh enhancement breakwaters or groins shall be set back 15 feet from the adjoining property lines and the riparian access dividing line. The line of division of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Application of this Rule may be aided by reference to the approved diagram in 15A NCAC 07H .1205(q), illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular alignment can not be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable. The setback may be waived by written agreement of the adjacent riparian owner(s) or when the two adjoining riparian owners are co -applicants. Should the adjacent property be sold before replacement of the structure begins, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any construction of the structure. 4 of 6 9/16/2005 5:11 P1 f � � 1 History Note: Authority G.S. 113A-1.07; 113A.-118.1; Temporary Adoption 1--,,ff. October 2, 1.999; Temporary Adoption Expired on July 28, 2000; Eff. April 1, 2001. 5 of 6 9/16/2005 5:11 Pi