HomeMy WebLinkAbout19683_GOODE, RICK_19981005ii
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CAMA AND DREDGE AND FILL
GENERAL
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
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Address V
City ';'r;;o� �i/ State ZipS•�rf,
Project Location (County, State Road, Water Body,etc.)
Type of Project Activity
PROJECT DESCRIPTION I SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
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drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come 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) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
—� applicant's signature
issuing date
attachments '
permit officer's signature
expiration date
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee
Management Program.
CAT'S PAW CANVAS CO. 1111
RICKI D. GOODE
644 TANAGER LN. PH. (919) 542-5907 7 66-2461531
CHAPEL HILL, NC 27514 19 11A
PAYTOTHE
ORDER OF Nd
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Nationsliank, N.A. (Carolina~)
Chapel Hill, NC 27514
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIvIS10N OF COASTAL MANAGEMENT
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NCDENR
DAMES B. HUNTJR. October 6, 1998
GOVERNOR
Rick Goode
WAYNE MCDEv1tT SECRETARY 644 Tanager Lane
SECR
Chapel Hill, N.C. 27514
Dear Rick:
DONNA D. MOFFITT
DIRECTOR Attached is General Permit #C-19683 to install a free-standing mooring at your property
located in Back Creek Subdivision, Lot #10, near the community of Merrimon.
In order to validate this permit, please sign all three (3) copies as indicated. Retain the
white copy for your files and return the yellow and pink signed copies to us in the enclosed,
self-addressed envelope.
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Your early attention to this matter would be appreciated.
Sincerely,
Ted Tyndall
Coastal Management Representative
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Enclosures
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/10% POST -CONSUMER PAPER
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i EHNR - COASTAL MANAGEMENT TI 5A: 07H .2200
SECTION .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREE STANDING MOORINGS
IN ESTUARINE WATERS AND PUBLIC TRUST AREAS
.2201 PURPOSE
This permit shall allow the construction of freestanding moorings in the estuarine waters and public trust areas
AECs according to the procedures provided in 15A NCAC 7J .1100 and according to the rules in this Section.
This permit shall not apply to waters adjacent to the Ocean Hazard AEC.
HistoryNote: Authority G.S. 113A-107, 113A-118.1;
Eff. February 1, 1996.
.2202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development.
(b) The applicant must provide:
(1) information on site location, dimensions of the project area, and his/her name and address;
(2) a dated plat(s) showing existing and proposed development; and
(3) confirmation that:
(A) a written statement has been obtained and signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(B) 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. If DCM determines that:
(i) the comments are relevant to the potential impacts of the proposed project; and
(ii) the permitting issues raised by the comments are worthy of more detailed review, the applicant
shall be notified that he/she must submit an application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section. Construction authorized by this permit must be
completed within 90 days of permit issuance or the general authorization expires and a new permit shall be
required to begin or continue construction.
History Note: Authority G.S. 113A-107,• 113A-118.1;
Eff. February 1, 1996.
.2203 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00). This fee may be paid by check or money order
made payable to the Department.
History Note: Authority G.S. 113A-107,• 113A-118.1.; 113A-119,
Eff. February 1, 1996.
.2204 GENERAL CONDITIONS
(a) A "freestanding mooring" iS any means to attach a ship, boat, vessel, floating structure or other water
craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as the piling is not
associated with an existing or proposed pier, dock, or boathouse).
(b) Freestanding moorings authorized by this permit shall be for the exclusive use of the riparian landowner(s)
in whose name the permit is issued, and shall not provide either leased or rented moorings or any other
commercial services.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the
existence of freestanding moorings authorized by this permit.
(d) This general permit may not be applicable to proposed construction when the Department determines that
NORTH CAROLINA ADMINISTRATIVE CODE 03112196 Page I
EHNR - COASTAL MANAGEMENT T15.4: 07H .2200 �
the proposal might significantly affect the quality of the human environment or unnecessarily endanger adjoinirig
properties. In those cases, individual permit applications and review of the proposed project shall be required
according to 15A NCAC 7J.
(e) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines
in 7H .0100 et. seq. and local land use plans current at the time of authorization.
(f) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under the authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(g) Freestanding mooring(s) shall not be transferable or assignable. Upon transfer of riparian property
ownership, the mooring(s) must be removed by the original permittee unless a new permit is issued to the new
riparian owner.
History Note: Authority G.S. 113A-107,- 113A-118.1;
Eff. February 1, 1996.
.2205 SPECIFIC CONDITIONS
(a) Freestanding moorings may be located up to a maximum of 400 feet from the mean high water line, or
the normal water line, whichever is applicable.
(b) Freestanding moorings along federally maintained channels must meet Corps of Engineers guidelines.
(c) Freestanding moorings in no case shall extend more than 1 /3 the width of a natural water body or man-
made canal or basin.
(d) Freestanding mooring buoys and piles shall be evaluated based upon the arc of the swing including the
vessel to be moored. Moorings and the attached vessel shall not interfere with the access to any riparian
property, and shall have a minimum setback of 15 feet from the adjacent property lines extended into the water
at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by
the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -
applicants. Should the adjacent property be sold before construction commences, 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 development of freestanding moorings. The line of division of areas 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.
(e) The total number of docking/mooring facilities to be authorized via a CAMA General permit, a Certificar-
of Exemption or any combination of the two may not exceed four per property.
(f) Freestanding moorings shall not significantly interfere with shellfish franchises or leases. Applicants for
authorization to construct freestanding moorings shall provide notice of the permit application to the owner of
any part of a shellfish franchise or lease over which the proposed installation would extend.
(g) Freestanding moorings shall not be established in submerged cable/pipe crossing areas or in a manner
which interferes with the operation of an access through any bridge.
(h) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and N.C.
Wildlife Resource Commission requirements and the required marking maintained for the life of the mooring(s).
(i) Freestanding moorings must bear owner's name, vessel State registration numbers or U.S. Customs
Documentation numbers. Required identification must be legible for the life of the mooring(s).
0) The type of material used to anchor a proposed mooring buoy(s) must be non-polluting and of sufficient
weight and design to safely anchor the buoy and vessel.
(k) If use of any freestanding rhooring authorized by this General permit is discontinued for a period of 12
months or more, it must be removed by the permittee.
(1) Mooring buoys authorized by this General permit must be a minimum 12" in diameter or otherwise be
designed to be easily recognized and not present a hazard to navigation.
(m) Existing freestanding moorings (i.e. buoys/pilings) may be maintained in place for two years. However,
if the mooring(s) deteriorate or are damaged such that replacement is necessary during the two year period, the
mooring(s) then must comply with those guidelines of the Division in place at that time. In any event, existing
moorings must comply with these Rules within two years.
(n) This permit does not relieve the permit holder of the responsibility to ensure that all other State and
NORTH CAROLINA ADMINISTRATIVE CODE 03112196 page 2
EHNR - COASTAL MANAGEMENT T15A: 07H .2200
Federal permit requiremems are met prior to implementation of the project.
History Note: Authority G.S. 113A-107,- 113A-118.1;
Eff. February 1, 1996.
NORTH CAROLINA ADMINISTRATIVE CODE 03112196 Page 3
EHNR - COASTAL MANAGEMENT T15A: 07H .2300 '
�I
SECTION .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND
CULVERTS IN ESTUARINE WATERS, ESTUARINE SHORELINES, PUBLIC TRUST AREAS, AND
COASTAL WETLANDS
.2301 PURPOSE
A general permit for replacement of existing bridges and culverts in estuarine waters, estuarine shorelines, public
trust areas, and coastal wetlands shall be obtained pursuant to the rules in 15A NCAC 7J .1100 and this Section to
replace existing bridges and culverts in estuarine water, estuarine shoreline, public trust areas and coastal wetland
AECs.
HistoryNote: Authority G.S. 113A-107,, 113A-118.1; 113A-124;
Eff. June 1, 1996.
.2302 APPROVAL PROCEDURES
(a) The applicant shall contact the Division of Coastal Management and complete an application form requesting
approval for development.
(b) The applicant shall provide:
(1) information on site location, detailed project description, and his/her name, address and telephone number;
(2) a dated scaled plat(s) showing existing and proposed development that follows the criteria outlined in 15A
NCAC 7J .0203, a completed Form DCM-MP-S; and
(3) confirmation that:
(A) a written statement has been obtained and signed by the adjacent riparian property owners indicating
that they have no objections to the proposed work; or
(B) 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. If DCM determines that:
(i) the comments are relevant to the potential impacts of the proposed project; and
(ii) the permitting issues raised by the comments are worthy of more detailed review, the applicant
shall be notified that he/she shall submit an application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and
the applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed
within one year of permit issuance or the general authorization shall expire and a new permit shall be required to begin
or continue construction.
(d) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management
representative. Written authorization to proceed with the proposed development may be issued during this visit if
other approval procedure criteria have been met.
History Note: Authority G.S. 113A-107; 113A-118.1; 113A-124;
Eff. June 1, 1996.
.2303 PERMIT FEE
The applicant shall pay a permit fee of fifty dollars ($50.00). This fee may be paid by check or money order made
payable to the Department.
History Note: Authoriry G.S. 173A-107,• 113A-118.1; 113A-119; 113A-124,-
Eff. June 1, 1996.
.2304 GENERAL CONDITIONS
(a) Projects authorized by this permit shall be demolition, removal, and replacement of existing bridges and culverts
along the existing alignment and conforming to the standards in this Rule. This permit shall be applicable only to
single bridge and culvert projects and shall not authorize temporary fill causeways or temporary bridges that may be
associated with bridge replacement projects.
(b) The permittee shall allow authorized representatives of the Department of Environment, Health, and Natural
NORTH CAROLINA ADMINISTRATIVE CODE 05129196 Page I
Eddy Myers 919-728-5005 p.?
a
ADJACENT RIPARIAN PROPERTY p�,�
STATE
{FOR APIER/MOORING pnrNGS/BOA?ZIFI'/BOATHOUSE)
I hereby certify tfhat I own ro
p perty adjacent to
(N e of Property Owner)
Property located at ,E,�/�ii/S/l/�'►
(Lot, $lock, .Road, etc.)
on R&C� G eP L
(Waterbody) ut C�i�✓��r'�/yj � �T�j� �,1'P N.C.
(Town and/or ounfy} '
He has described to me, as shown below, the development he is proposin at th
location, and, I have no objections to his proposal. I understand that a g at
must be set back a minimum distance of mooring
of riparian access unless waived by me, fifteen feet (15') from my area
I do not wish to waive the setback requirement.
I do wish to waive that setback requirement.
------------------
-------------------- ----- ----_ _ __
-------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT;
-� 1(To be filled in by individual proposing development)
Z cl �
•
AUG 3 1 1998
Si nature
Print or Type N�1me
Telephone Number —
Date:
w
April 22, 1998
Mr. M. Ted Tyndall
North Carolina Division of Coastal Management
Hestron Plaza II, 151-B Hwy 24
Morehead City, NC 28557
Dear Mr. Tyndall,
Please let this letter strve as an application for a freestanding mooring to be placed in Back
Creek, adjacent to Lot 10, Back Creek Subdivision, Carteret County.
Enclosed are a drawing showing details of the mooring and swinging arc and another drawing
derived from an aerial photograph that you sent to me which depicts your interpretation of the
riparian rights for Lot 10. As you can see from the first drawing, the location that I would like to
place the mooring is within the wedge that you drew. However, I am asking that you reconsider
both lines to give me a little buffer. I hope you will agree that a line perpendicular to the centerline
of Back Creek intersecting my 23 Jet on Back Creek would open it up a little. Also, the centerline
of Jones Gut was not taken into consideration for the second line. In order for my neighbors on Lot
11 to enjoy any riparian rights, the centerline of Jones Gut is going to have to be considered.
Pursuant to the procedures of Section .2200 of the NC Administrative Code, both adjacent
riparian property owners have been notified of my intent and both assure me that they have no
objections. Mr. Peter Andros has also agreed to waive the minimum setback of 15 feet.
Enclosed is a check for $50.00 as a permit fee. Please notify me as soon as possible if there are
any problems as we would like to get the mooring set prior to hurricane season.
Sincerely,
Rick Goode
644 Tanager Lane
Chapel Hill, NC 27514
(919)542-5907(H)
(919)542-2911(W)
AUG 3 1 1998
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14
OCT 0 6 1998
October 1, 1998
Mr. M. Ted Tyndall
N.C. Division of Coastal Management
Hestron Plaza II, 151-B Hwy 24
Morehead City, NC 28557
Re: Mooring Location (Goode/Cunningham)
Dear Mr. Tyndall:
My wife and I are adjoining property owners to Rick Goode
and Joan Cunningham in the Back Creek Subdivision in Carteret County.
Approximately six months ago Mr. Goode discussed placing a mooring
in the Back Creek/Jone's Gut area and we assured him that we had no
objections based on the location he showed us on the enclosed diagram.
We still have no objections to this location. If I can be of further
assistance, please call.
cc: R. Goode
Sincerely,
Ashley Moore
131 Jordan Ridge Rd.
Pittsboro, NC 27312
PH: (919) 542-1557
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