General Permits (6027)

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CERTIFICATION OF EXEMPTION
FROM REQUIRING A CAMA 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 15 NCAC Subchapter 7K .0203.
Applicant Name N E. Phone Number
Address
City State Zip
Project Location (County, State Road, Water Body, etc.)1.
s� .) �-1 it �- f r '• �, 1 �' L
Type and Dimensions of Project 11 A b /I T i
The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quirement pursuant to 15 NCAC 7K .0203. This exemption to
CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
SKETCH 0 j (SCALE: )
f�0v�_�
,
Any person who proceeds with a development without the con-
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this exemption that (1) the ap-
plicant has read and will abide by the conditions of this exemp-
tion, and (2) a written statement has been obtained from adjacent
landowners certifying that they have no objections to the
proposed work.
i
Applicant's signature �-
1
CAMA Official's signature
Issuing
Expiration date
Attachment: 15 North Carolina Administrative Code 7K .0203

06/03/1999 09:31
919-3839771
BUGG & 400LF PA
PAGE 02
JOHN E. BUGG
EDWARD N. POLLARD
JAY M. WILKERSON
WiLLIAM J. WOLF
R. ROY M1TMALL, JR.
OF CoumseL
BUGG, WOLF & WILKERSON, P.A.
ATTORNEYS AT LAW
SUITE 170, UNIVERSITY OFFICE PARK
411 ANDREWS ROAD
DURHAM, NORTH CA.ROLINA 27705
June 3, 1999
Mr, Ted Tyndall VIA F.AC5IlIWM E
District Manager
Division of Coastal Management
Hestran Plaza 11, 151-B, Hwy 24
Morehead City, NC 28557
Dcar Ted:
POST OFFICE BOX 2417
DURHAM, NORTH CAROUNA 27715
Re: Buggy Beach Cottage Lot 5, Floffman Beach Salter Path N.C.
TELEPHONE (9M 333-9431
TELECOPIER (9191393-9771
In follow-up to our phone coove:rsation. of Tuesday, I am still waiting to hear from Jeff )Richter with
the corps regarding their permission to perform the beach bulldozing even though 1 am exempted from
CAMA permitting, Meanwhile, I thought I would send hint a copy of the "Certificate of Exemption" from
requiring a LAMA permit which Charles Pigott issued on 5/28/99 subject to the following
modifications/clarifications which we discussed and acknowledged:
1- Bulldozing could be performed along the entire frontage of my property for purposes of
protecting the entire structure and septic system rather titan simply that portion whieb fell within the 20'
imminently threatened zone.
2. The bulldozing would have to be performed in accordance with the limitations set out in the
Coastal Management Regulations 7K 0103 "Maintenance and Repair.' (Charles Pigott furnished me a copy
Of this regulation when be issued the Permit and referenced this as being the "attached conditions.')
3. As also set out in the permit, I would Contact Jeff Richter with U.S. Army Corps of
Engineers (910-251-4536) prior to begilming work for any federal authorization.
Since I intend to proceed in accordance with the above, it would seem unnecessary for you to
respond to MY letter of May 20, 1999. Thank you for your considerations and assistance, and I will keep you
advised.
WM kindest regards, l am
Y very truly,
Jo E. Bugg
JEB/pes
R: WPUMCOTrAGMTy.dWLW t.x.o

06,103/1999 09:31 919-3839771 BUGG & 1,40LF PA PAGE 01
BUGG, WOLF & WILKERSON, P.A.
ATTORNEYS AT LAW
STATE 160. UNtvERSPrY OFFICE PARK
411 ,ANDREWS ROAD
DURHAM, NORTH CAR01JXA 27705
Telephone: [phone]
Telecopier: 919-3 83-9771
FACSIMILE TRANSNIISSION
CONFIDENTIA.I, () RUSH ( )
TO: Mr. Ted Tyndall
FACSIMILE, 252-247-333 0
NO,
FROM: Jobn E. Bugg, Esq,
DATE: 6/03/99
TOTAL PAGES VI THIS TRANSMISSION: 2
ORIGINAL TO FOLLOW BY MAIL. YES X NO
The material transmitted and communicated herein ("communication") is intended only for the use of the individual or entity
to which it is addt+essed, and may aorrtain information that constitutes work product, or is subject to attorney client privilege,
or is confidential and exempt from any disclosure under applicable law. If the reader of this communication is not the
intended recipient, or the employee of agent responsible for delivering this communication to the intended recipient, you arc
hereby notified that arty dissemination, distribution or copying of this Communication is strictly prohibited. If you have
received this communication munication in error, please notify us immediately by telephone and return the original message tc> us at the
above address via Site U.S_ Postal Service. Thank you.
IF THERE ARE ANY PROBLEMS RECEIVING, PLEASE CALL 919-383-9431.
MESSAGE:
PLEASE SEE THE FOLLOWING.

RUGG, WOLF & `'VILKERSON, P.A.
ATTORNEYS AT LAW
SUITE 170, UNIVERSITY OFFICE PARE:
411 ANMEWS ROAD
DURHAM, NORTH CAROLINA 27705
JOHN E. BUG(;
EDWARD N. POLLAAD
JAY M_ WILKERSoN
WILLIAM L WOLF
R. ROY MrrrHE[_L, JR.
OF COUNSEL
Mr_ Ted Tyndall
District Manager
Division of Coastal Management
Hestron Plaza 1.1, 15118, Hwy 24
Morehead City, NC 28557
Dear 'fed,
May 20. 1999
POS'-oFFICE BOX 291?
DURHAM, NORTH CAROLINA 27715
"ELF -PHONE [phone]
M-ECOPIER (919) 383-W71
VIA TELECQP ,R
Re: Bugg Beach Cottage Lot S Hoffman3eacb, Satter Path, N-C.
l am writing to request your written confinnation of the following;
i. That you and I previously met at our beach property on Monday, January 25, 1999
at which time you deteronin,ed that our house foundation (slab on grade) as well as our associated
septic system were both well within 20 feet of the storm erosion scarp of our frontal primary dune.
2. That as a result, our house and associated septic tank system (built in 1952) were then
considered to be imminently threatened with damage and thereby entitled us, if we elected to do so,
to place a temporary erosion control structure (i.e., sandbags) pursuant to the N.C. Administrative
Code, Subchapter 7H, Section .0308(2) and .1705 and/or bulldoze pursuant to Section .1800
3. That as of the present time, our beach house (and associated septic system) is still
considered to be imminently threatened with damage because it is s6tl well within 20 feet of the storm
erosion scarp of our frontal primary dune. (Following our meeting in January, we decided to bulldoze
once again rather than use sandbags. I waited until immediately before the turtle nesting moratorium
of May 1, 1999 and bulldozed on 4127/99 pursuant to a Section .1800 permit. Immediately following,
the unusually strong Northeastern which stalled over $ogee Barbs from 4/28/99 thru 5/2/99 eroded
away all of our push and then some.)
4. That as a result of the above, our beachfront property is exempt from permitting and
the related LAMA, regulations pursuant to N.C.G_S.§ 113A-103(b), and we can contract to bulldoze
the sand in front of our beachfront property to reconstruct/repair our protective primary frontal dune
subject to the following:

6'3. 2u 11 1'3`i-, 0U t
a. We are: excepted from the moratorium for turtle nesting from May 1, 1999 thru
November 15, 1999 as referenced in Section .1805(f)_
b. We are also excepted frorn the provisions of Section 1 S05(c) which prohibits the
movement of sand fr m seaward of the mean high water line. Said otherwise, we can
excavate sand from the mean low water line to the storm erosion scarp of our primary
frontal dune for purposes of using this sand as fill to reeonstnict/repair our protective
primary dune.
We are also excepted from the provisions of Section _4308(a)(4)(A) insofar as limiting
the depth of the sand excavation to no more than one feet.
Notwithstanding the above, I realize that it is your understanding and belief that such
bulldozing must be coordinated/permitted with the U-S. Army Corps of Engineers office in
Wilmington (i.e., Jeff Richter). Nevertheless, I wanted to clarify and confirm the above insofar as
your office's required participation in the applicable process.
Teel time is clearly of the essence insofar as our needing to proceed with this remedial work
in order for us to prevent additional erosion and the realization of the imminent threat of significant
damage to cur house and septic system. Vieth respect to the above, i need your written confirmation
in these respects or else it will likely be difficult to secure an appropriate contractor to perform this
work since those who regularly perform this work believe the regular permitting process anchor ti-e
accompanying regulations would apply,
Your prompt consideration and assistance in these respects would be most appreciated.
With kindest regards, I am
Y rs very truly,
J to E..Bug�
JEB/IJg
cc- Youngblood Construction Company
U.S. Army CorpsufEngineers
Attn: Mr. Jeff" Richter
ri_1 W PU%B1l�l7TT h(7F1Ty�daa,�,w�iQ

K
05/20/1999 15:19 919-3839771
BI IGG & WOLF Per
PAGE 01
BUGG,WOLF & WELKERSON, P.A.
ATI'ORNIWS AT LAW
SUITE 160, UNP-7ERS TY OFFICE PARK
4.11 ANDREWS ROAD
DURHAM. NORTH CAROLINA'�7705
Telephone: [phone]
Telecopier: 919-3 83-9771
CONFIDENTIAL( )
TO, Mr. Ted Tyndall
FACSl7 ME #: 252-247-3330
FROM: John E_ Bugg, Esq.
DATE: May 20, 1999
TOTAL PAGES IN THIS TRANSMISSION: 2
ORIGINAL TO FOLLOW BY MAIL..: _YES —NO
RUSH( )
'lire watelial tr"tMitted and cornmiuricated herein ("communication") is intended only for the use of the individual or cot1(Y
to which it is addressed, and may contain information that constitutes work product, or is subject to attorney client privilege,
or is conbiential and exeanpt fmm any disclosure under applicable law. If the reader of this commurucation is not the inwrided
recipient, or die employee or agent responsible for delivering this communication to the intended recipient, you are homhy
notified that any dxsssembation, distribution or copying of this communication is strictly prahibitcd. If you huvc tweived this
Corm unication in error, pkme notify us immediatcly by telephone and return the original mrnssage to u-s ut the above acidruws
via the U. S. Postal Servioe_ Thank vou.
11F THERE ARE ANY PROBLEMS RECEIVING, PLEASE CA.J.L 91.9-383-9431,
MESSAGE:
Please see the fallowing.

05/20/1999 15:19
919-3839771
BUGG & WOLF PA
PAGE 02
JOHN E, BUGG
EDWAKO N. POLLARD
?AY M_ ► ILKERSON
WIWAM L WOLF
R. ROY M(TCHELL. IR.
OF COUNSEL
BUGG, WOLF & WILKEP-50N, P.A.
ATTORNEYS AT LAW
SUITE 170, UNIVERSrTY OFFICE PARK
411 ANDREWS ROAD
DURHAM, NORTH CAROLINA 27705
May 20, 1.999
POS-r OFFICE BOX 2917
DUR,HAM, NORTH CAROLINA 27715
TELEPHONE [phone]
7EI-FdCOPIER [phone]
Mr_ Ted Tyndall VI.A TELECOPIER
Distnct Manager
Division of Coastal Management
Restron Plaza 1.1, 151-8, Hvey 24
Morehead City, NC 28557
Re: t K99 Reach Cottage Lot 5, Ho n 13each Salter Path, N-C.
Dear 'fed,
I am writing to request your written confirmation of the following:
1. That you and I previously met at our beach property on Monday, January 25, 1999
at which time you determined that our house foundation (slab on grade) as well as our associated
septic system were both well within 20 feet of the storm erosion scarp of our frontal primary dune.
2. That as a result, our house and associated septic tank system (built in 1952) were then
considered to be imminently threatened with damage and thereby entitled us, if we elected to do so,
to place a temporary erosion control. structure (i.e., sandbags) pursuant to the N.C. Administrative
Code, Subchapter 7.K Section .0308(2) and .1705 and/or bulldoze pursuant to Section .1900.
3. That as of the present time, our beach house (and associated septic system) is still
considered to be imminently threatened with damage because it is still well within 20 feet of the storm
erosion scarp of our frontal primary dune. (Following our meeting in January, we decided to bulldoze
once again rather than use sandbags. I waited until immediately before the turtle nesting moratorium
ofMay 1, 1999 and bulldozed on 4/27/99 pursuant to a Section .1800 permit_ Immediately following,
the unusually strong Northeastern which stalled over Bogue Barbs froze 4/28/99 thru 5/2/99 eroded
away all of our push and then some_)
4. That as a result of the above, our beachfront property is exempt from permitting and
the related CAMA, regulations pursuant to N_C.G.S.§ 113A-103(b), and we can contract to bulldoze
the sand in front of our beachfront property to reconstruct/repair our protective primary frontal dune
subject to the following:

05/20 1999 15:19 919-3339771 BUGG & WOLF PA PAGE 03
a_ We are excepted from the moratorium for turtle nesting from May 1, 1999 thru
November 15, 1999 as referenced in Section .1805(f)_
b. We are also excepted from the provisions of Section 1805(c) which. prohibits the
movement of sand fr m seaward of the mean high water line. Said otherwise, we cian
excavate sand from the mean low water be to the storm erosion scarp of our primary
frontal dune for purposes of using this sand as fill to reconstruct/repair our protective
primary dune.
We are also excepted from the provisions of Section _0308(a)(4)(A) insofar as limiting
the depth of the sand excavation to no more than one feet.
Notwithstanding the above, I realize that it is your understanding and belief that such
bulldozing must be coordinated/permitted with the U-S. Army Corps of Engineers office in
Wiltnington (i.e., Jeff Richter)_ Nevertheless, I wanted to clarify and confirm the above insofar as
your offce's required participation in the applicable process.
Teel, time is clearly of the essence insofar as our needing to proceed with this remedial work
in order for us to prevent additional erosion and the realization of the imminent threat of significant
damage to our house and septic system_ With respect to the above, I need your written confirmation
in these respects or ease it will likely be difficult to secure an appropriate contractor to perform this
work since those who regularly perform this work believe the regular permitting process and/or the
accompanying regulations would apply.
Your prompt consideration and assistance in these respects would be most appreciated.
With kindest regards, I am
YAjrs very truly,
Jit. Bug f
JF-B/Ijg
cc: Youngblood Construction Company
U.S. Army Corps of Engineers
Attn. Mr. Jeff Richter
!i'\WrrUMi-'OTTA¢FlTynda Lhr.wpd