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Home My WebLink About40142_BUREK, REGIS AND LYNDA_20041201w 1 1 - LCAMA / '_ I DREDGE & FILL; GfENERAL PERMIT - Previous permit# ❑New JModification 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 of environmental concern pursuant to 15A NCAC Rules attached. Applicant Name Q E <' l t (. L + E - t.1 C—=1-� Project Location: County ------ Address Street Address/ State Road/ Lot #(s) ' } City r1 1- <5'1c.._ �� 1 State \\N ZIP Z: -4 1 ¢ Phone # Fax G .;. j4 cl 'L t l r= LIT (} (�) Authorized Agent l' l I Affected [ICW p.EW L�-PTA ZlrJ ❑ PTS AEC(s): El OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑FC: ORW: yes / no PNA yes / no Crit. Hab. yes /, no . Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ wrap length avg distance offshore max distance offshore Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Subdivision T- - C, o r _ r ,.. t City------ 1�- ZIP 7"`1OT— Phone # O River Basin Adj. Wtr. Body r'`f ', ;-i"- U( L- nap /� man /unkn� Closest Maj. Wtr. Body (Scale: ) Shoreline Length i \ n SAV: not sure yes no, ._ J_r-__•_ _--. - - �--------+-�--•�-'d- Sandbags: not sure _ yes rib _r, k , Moratorium: nfa yes no Photos: yes 0) Waiver Attached: yes ` O -- - - - -- — -- - - - --- -t A building permit may be required by: - See note on back regarding River Basin rules. Notes/ Special Conditions 7 Agent or Applicant Printed Name , J Z ✓ �� Signature Please read compliance statement on back of permit i Application Fee(s) CAeck # Permit Officer's Signature 4- ? Z> Issuing Date Expiration Date j I /.2� //C"t Local Planning Jurisdiction 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 landowners). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: _! Tar - Pamlico River Basin Buffer Rules _ J 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 (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 0 r� RCDENR 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 March 2, 2005 Dietrich and Jessica Heyder P.O. Box 347 MAIR 4 2005 Powells Point, NC 27966 Morehead (__'i"LJ; Re: Objection to the Issuance of CAMA General Permit No. 40259-A Excavation of canal at Lot 1-3, N. Dogwood Trail in Dare County Dear Mr. and Mrs. Heyder: This letter is in response to your objection as an adjacent riparian property owner to a permit request from Regis and Lynda Burek, for the excavation of the canal and uplands at Lots #1, #2, and #3, North Dogwood Trail in Southern Shores, Dare County. Kimberly Hedrick, 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 excavate a total of 362 cubic yards of a manmade canal. 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 .1500. You have notified the Division of Coastal Management of your objection to this proposed development by sending an objection letter as a riparian property owner. Kimberly Hedrick has reviewed your objection letter concerning future erosion from the north end of the canal that would result from boat traffic post excavation, 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. The above referenced Subchapter allows for excavation, as described above, to be done in the waters of the manmade canal to Guinguite Creek, provided that the permit applicant meets and complies with all of the application prerequisite conditions. These rules specifically allow for maintenance excavation of the canal up to 1,000 cubic yards, no deeper than 6 ft. below mean low water level, nor deeper than connecting waters to Guinguite Creek. The proposed canal excavation of 362 cubic yards, excavated to 3 feet deep, comply with these rules. There is no proposed excavation of wetlands, which would not be allowed under these rules. The canal terminates at Burek property Lot #3 and is small in size. Therefore, only one, small vessel will be utilizing the canal most of the time. Movement of canal bottom sediment from the north from boat traffic should not be significant. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight Mt. and Mrs. Heyder 3/2/2005 Page 2 After having given careful consideration to your objection 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. 40259-A on March 2, 2005 (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 Kimberly Hedrick, or me, at this office. Sincerely, Ted S son District Manager Northeast District TS/yc cc: Kimberly Hedrick, Division of Coastal Management, Elizabeth City, NC Charles S. Jones, Director, Division of Coastal Management, Morehead City, NC Regis and Lynda Burek, 204 Chatham Ct., Charleston, WW 25414