25733_HOCHLER, DOUGLAS_20000727

CAMA and DREDGE AND FILL
G E N E R A L
PERMIT
_/
�,733 /
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 15 NCAC
Applicant Name Phone Number
Address
City State
Project Location (County, State Road, Water Body, etc.)
zip
Type of Project Activity
PROJECT DESCRIPTION SKETCH 4 > (SCALE:
Pier (dock) Length -771
Groin Length
number L MY / I A 't.. t
Bulkhead Length i01
_
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
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 become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project 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.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
issuing date
applicant's signature
permit officer's signature
expiration date
attachments
application fee

North Carolina
Department of Environment and Natural Resources •
Division of Coastal Management
Michael F. Easley, Governor NCDENR
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Mr. Gary Price
P. O. Box 591
Avon, NC 27915
Dear Mr. Price:
AUG 1 2001
R
Re: Douglas C. Hoehler; request for re -issuance of
General Permit #25733A, for a pier, boat ramp and
bulkhead at #162 Blackbeard's Court in Brigands Bay
Subdivision, in Frisco, NC; your letter dated June 28,
2001
I have carefully reviewed the file on this permit and have visited the site to determine
whether we could issue another General Permit to authorize the proposed development.
In the review of the file, I note that an application for a Major CAMA Permit was
previously applied for on May 24, 2000, and subsequently withdrawn based upon being
advised by our office that the proposed development could be accommodated by a
General Permit, if the proposed pier dimensions were reduced to 280 square feet.
I regret to advise you that General Permit #25733A, which expired on October 25, 2000,
was issued in error. Our recent visits to this site have documented the presence of coastal
wetland vegetation, Juncus roemerianus, as a fringe along the normal water line of this
canal, extending several feet into the lot. This fringe has been documented to have existed
in July of 2000, and therefore a General Permit should not have been issued, and re -
issuance of a General Permit for this development is not possible. The use of a General
Permit for this development is clearly precluded by the provisions of 15A NCAC
07H.1105(a), which states, "This general permit is applicable only along shorelines void
of wetland vegetation including marsh grass and wooded swamp, or where all
construction is to be accomplished landward of such vegetation."
The portion of the Juncus roemerianus fringe that constitutes a Coastal Wetland Area of
Environmental Concern (AEC) is very limited, probably not extending more than 2 feet
landward of the normal waterline, where the ground elevation rises. Landward beyond
this, the Juncus continues for another approximately 3 to 4 feet and, according to U.S.
Army Corps of Engineers' input, constitutes a fresh water wetland area. Any excavation
or fill activity associated with the proposed bulkhead would take place within this fresh
water wetland area, and this triggers the requirement for Federal agency review, and this
also necessitates the project being handled under the CAMA Major Permit process.
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX:[phone] \ Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / I0% POST CONSUMER PAPER

Gary Price letter, dated 8 August 2001
Page 2
If the applicant wishes to have another General Permit issued for this project, it could
only be done to authorize the bulkhead placement landward of all wetland vegetation. If
Mr. Hoehler would like to pursue this avenue, I will take steps to have the extent of the
wetlands clearly staked and the permit issued as quickly as possible.
If the applicant wishes to have a bulkhead alignment closer to the normal waterline, it
will be considered under the Major Permit process, and the bulkhead alignment that
would be allowed will be determined after review of the various comments and
recommendations received from the reviewing agencies. A decision to grant an alignment
as indicated on the previously issued General Permit would require an evaluation of the
significance of the wetland fringe along the edge of this property.
In that we still have Mr. Hoehler's earlier Major Permit Application in our files, we can
reactivate this application at his request. If Mr. Hoehler wishes to proceed in this fashion,
he should send us a letter to that effect, along with a check in the amount of $400. 1 will
then take steps to try to have the review expedited as much as possible to minimize any
further inconvenience to Mr. Hoehler, and will return Mr. Hoelhler's check for $100 that
you forwarded with your letter.
I will be awaiting a response from you to advise us of how Mr. Hoehler wishes to
proceed. If you have any further questions on this matter, please do not hesitate to contact
me at 252 264 3901.
Sincerely,
GfiG `yam-"%
Ted pson
District Manager
TS/dc
Cc: Douglas Hoehler, P. O. Box 222, Wrightsville Beach, NC 28480
Charles S. Jones, Assistant Director for Permitting and Enforcement, DCM
Dennis Hawthorn, Field Representative, DCM