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Home My WebLink About22797_HYATT, ROBERT_19990927! V` CAMA AND DREDGE AND FILL GENERAL PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural ResourceE in an area of environmental concern pursuant to 15A NCAC C OCT 12 1999 COASTAL MANAGEMENT and the 810&ources -- _ . "�, 2797 P ommission Applicant Name i �'4 xca Phone Number Address 2-05 t- 09c+-` -I(. City 0:0-ATit- E 1 0 C z_i 32.r" State Zip Project Location (County, State Road, Water Body, etc.) ))F }j'JkK1lr�lc\.`; 'JI`aT &J 0,:k rA_( ECO C, /�i t51zr`�'tz Type of Project Activity 24- PROJECT DESCRIPTION Pier (dock) length` '` S Groin length number Bulkhead length max. distance offshore Basin, channel dimensions SKETCH YN k—" `lo cubic yards Boat ramp dimensions Other - I I I N() "%JAI`'rZJ s (SCALE: _ ��— i i �) r-•^ilea--�) � � L'�� '�:'.'v5\�.. M 1 l f 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, 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. -1 l A i 1 v?,, ve/Nw,. f cx C-4-� ! applicant's signature permit offiiccer's signature 9 ?�A�!2 Z5/�i`a issuing date 7 expiration date attachments :2 1,2-CO In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee Management Program. t MICHAEL F. EASLEY ATTORNEY GENERAL Mr. Robert Hyatt 205 W. Church St. Edenton, N.C. 27932 a"'sw�M1Ab �: J2 State of North Carolina Department of Justice P. O. BOX 629 REPLY TO Daniel C. Oakley RALEIGH Environmental Division 27602-0629 Tel. (919) 716-6600 Fax (919) 716-6767 October 20, 1999 Re: Appeal of CAMA General Permit Nc Dear Mr. Hyatt: CERTIFIED MAIL The Chairman of the Coastal Resources Commission has received another request for an administrative hearing to challenge the issuance of CAMA General Permit No. 22797A. This second request was made by Mark and Harriet DeHart. I have enclosed my letter of 15 October 1999 which explains the procedures for a third party hearing request. The same procedures will apply in this case. You are advised again that the permit will continue to remain suspended until either: (1) the Chairman denies the second hearing request (under standards set out in the statute); or (2) there is a final Coastal Resources Commission decision on the permit appeal. As a result, no development may be undertaken under the permit until further notice. The Division of Coastal Management will prepare a recommendation for the Chairman on whether to grant or deny the hearing request. The Chairman must make a decision within 15 days after receipt of the hearing request - in this case no later than November 1, 1999. If you wish to submit any materials for the Chairman's consideration in ruling on the request for contested case hearing, please send them to me at the letterhead address or by FAX to (919) 716-6767 as soon as possible. If the Chairman grants the hearing request, the permit will remain suspended until there has been a hearing conducted by the Office of Administrative Hearings and then a final decision by the Coastal Resources Commission based on the evidence presented in the hearing. cc: Dennis W. Hawthorn Charles Jones Sincerely, &c,dojc Daniel C. Oakley Senior Deputy Attorney General State of North Carolina MICHAEL F. EASLEY Department of Justice ATTORNEY GENERAL P. 0. BOX 629 RALEIGH 27602-0629 October 15, 1999 REPLY TO Daniel C. Oakley Environmental Division Tel. (919) 716-6600 Fax (919) 716-6767 Mr. Robert Hyatt CERTIFIED MAIL 205 W. Church St. _RETURN RECEIPT RE VESTED Edenton, N.C. 27932 Re: Appeal of CAMA General Permit No. 22797A Dear Mr. Hyatt: The Chairman of the Coastal Resources Commission has received a request from Albert and Judith Weinrich for an administrative hearing to challenge the issuance of C ANIA General Permit No. 22797A. Under N.C.G.S. 3 113A-121.1, the permit is automatically suspended upon receipt of a hearing request and remains suspended until either: (1) the Chairmandenies the hearing request (under standards set out in the statute); or (2) there is a final Coastal Resources Commission decision on the permit appeal. I have enclosed a copy of the statute. As a result, no development may be undertaken under the permit until further notice. The Division of Coastal Management will prepare a recommendation for the Chairman on whether to grant or deny the hearing request. The Chairman must make a decision within 15 days after receipt of the hearing request - in this case no later than October 28, 1999. If you wish to submit any materials for the Chairman's consideration in ruling on the request for contested case hearing, please send them to me at the letterhead address or by FAX to (919) 716-6767 as soon as possible. If the Chairman grants the hearing request, the permit will remain suspended until there has been a hearing conducted by the Office of Administrative Hearings and then a final decision by the Coastal Resources Commission based on the evidence presented in the hearing. Sincerely, &C, 0a,l Daniel C. Oakley 0 Senior Deputy Attorney General cc: Dennis W. Hawthorn Charles Jones § 113A-121.1. Administrative review of permit de- cisions. (a) An applicant for a minor or major development permit who is dissatisfied with the decision on his application may file a petition for a contested case hearing under G.S. 150B-23 within 20 days after the decision is made. When a local official makes a decision to grant or deny a minor development permit and the Secretary is dissatis- fied with the decision, the Secretary may file a petition for a contested case within 20 days after the decision is made. (b) A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate. A request for a determination of the appropriateness of a contested case hearing shall be made in writing and received by the Commis- sion within 20 days after the disputed permit decision is made. A determination of the appropriateness of a contested case shall be made within 15 days after a request for a determination is received and shall be based on whether the person seeking to commence a contested case: (1) Has alleged that the decision is contrary to a statute or rule; (2) Is directly affected by the decision; and (3) Has alleged facts or made legal arguments that demon- strate that the request for the hearing is not frivolous. If the Commission determines a contested case is appropriate, the petition for a contested case shall be filed within 20 days after the Commission makes its determination. A determination that a per- son may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 15OB-23 and final Commission decision on the permit pursuant to G.S. 113A-122. Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case. (c) A permit is suspended from the time a person seeks adminis- trative review of the decision concerning the permit until the Commission determines that the person seeking the review cannot commence a contested case or the Commission makes a final decision in a contested case, as appropriate, and no action may be taken during that time that would be unlawful in the absence of a permit. (1981, c. 913, s. 3; 1983, c. 400, ss. 1, 2. 1987, c. 827, s. 139; 1995, c. 409, s. 1.)