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HomeMy WebLinkAbout26133_LEE, G E_20000731I CAMA and DREDGE AND FILL /wJ G E N E R A L 26�. 33- t_ PERMIT 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 Address City Project Location (County, State Road, Water Body, etc.) Type of Project Activity PROJECT DESCRIPTION SKETCH t Pier (dock) Length Groin Length number Bulkhead Length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other Phone Number State Zip r 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. I (SCALE: ._. ,,, -- ) t �1 applicant's signature permit officer's signature issuing date expiration date attachments application fee LEE CONSTRUCTION OF NEW BERN, INC. BB&T QQ-118 003500 P.O. BOX 12129 531 NEW BERN, NC 28561 PH. 252-633-1999 / DATE CHECK NO. AMOUNT 0 PAY THE O ` ORDER OF i C L L-t- C+ 11000 3 50011, 1:0 5 3 10 1 1 2 1l: 5 l 1 388 7 3aowm JUN-12-2000 MON M : 29 AM '40 D I V OF COASTAL I.GMNT t FAX NO. 2522473330 P. 03 ADJACENT REPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PILINGSIYOATLIFT BflATNoG,SE) I hereby certify that I own property adjacent to l ,iVarrte o Property Owner) Property located at (:Got, Block, Road, etc.) on K- ��,�,'n ,fi ( N.C. (Waterbody) (Town ancilar ount�) �- He tlrs descr hcd to me, zs shown below, the deveJoT;meot he is proposing at that Io�:ation, and, I have ne objections to his proposal. I understand that a pier/mooring PRings/baadiPVbcathause must be wt back a !-iinimum distance of fifteen feat fi5') frr�rn my arcs of riparian access unless waived by me. -- I duxDl wish to waive the setback requirement. Ll� i dQ wish to waive. that setbaC;c requirement, ------------------------• -------- DESCRIPT►ON AND/OR DRAVVEN G OF PROPOSED DFVEL0P-NrEi\-T:- (To he filled in by individual proposing development) 4ff -/-) C pz-- p ---- --------------------------- ----- - ------ ---------- -- � --- -- ; ---- -- Sid. _u;r�• �SSEc� R I�ow� S Print or Type Name --�' 99/9 - M - r`ga_s Te'.ephone Number Late: hJElrl EER'td IiISSTRICT Fdx:919`14,9a 7Ln 20 '00 1D:Cia P.02'0- .wvn kL cuw 'AM uo•ca rvi .t. ucv U ucmoinu nunni rM rfu, ?Veq(336u ADJAC LNT PJP kRiA,*; kptOpERTY 0V^'ER STAMMNT ('FOR A PIE)UMOORINC P1LiNGSll3GA-all 7/8or1THOUSE) I hereby certify that f own prnpe Ty iL jacant to - Ll-�E 1--,Nu l Sy ,pp (Name of Property owns,) Property ►ocatm at .r1`, 1C l0 mr (Lot, 0, etc.) an U . in f o (Waterbady) — N.C. {Town ttnd/or ounty) hie hr descrtced �u me, u sijown be'ow, the develOpMlthe is prppus.rnj ai that location, Ina, I have ne objecuons to his prot�asat. I t.,ndarsw.d ttsa: a �icrJmoaring pi!Er�slbcgtlis�lbc8chousa must be Wt bank i r-iinimum distmu of E,teen feet (;S') from my ar^.a of rlparizu se,ts9 titll:as waived by me. SLIMI wfsh to waive the setback requirement. i da wish to Wai vt that setbick ragwrement. --------•DESCR3•PTrC7N AN'DIOR DRAWNG OF k►RUPOSI'U DEVE fra Gti911etri th by indMdua1 properj4j drvsiaym LdP'vl �'� ; CPSP SiYn4; a►ure — rnnc of Type Marne A,/CZ>Cr 7! a Tc. phone Number oCF NEW BERN DISTRICT Fax:91951:14894 7Li�l %0 'i=10 10:04 F.0"_,'02 Oivisia,1 Two . Oistrict "No 209 South Glembumie Road, Novi Sam, NC 28560 (252) 514-4716 F.GX (252) 514-4894 Fmc To: F*)c y � Pagea: liter North Carolina Department of Transportation Re: CC: ❑ Urgard ❑ For Review ❑ Pl*a" Getnttlsnt ❑ Please Reply ❑ Pl**a• Recycle e CotnrnmmU: TI 5A: 07H .1200 SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN ESTUARINE AND PUBLIC TRUST WATERS .1201 PURPOSE This permit will allow the construction of new piers, docks, and boat houses in the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in Subchapter 7J .1100 and according to the following guidelines. This permit will not apply to the Ocean Hazard AEC. HistoryNote: Authorit), G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984. - .1202 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and complete an application form requesting approval for development. The applicant shall provide information on site location, dimensions of the project area, and his name and address. (b) The applicant must provide: (1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirm ition that 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 will be interpreted as no objection. DCM staff shall review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant shall be notified that he 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. (d) Construction must be completed within 90 days of the approval of the permit or the permit expires. (e) Any modification or addition to the approved project shall require prior approval from the Division of Coastal Management. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984, Amended Eff. August], 1998; January 1, 1990. .1203 PERMIT FEE The applicant must pay a permit fee of fifty dollars ($30.00) by check or money order payable to the Department. History Note. Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119; 113A-124; Eff. March 1, 1984, Amended Eff. March 1, 1991. .1204 GENERAL CONDITIONS Sa) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not provide either leased or rented docking space or any other commercial services. Piers designed to provide docking space for more than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major permitting process and, therefore, are not authorized by this general permit. (b) Individuals shall allow authorized representatives of the Department of Environment 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. (c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers, docks and boat houses. (d) This permit will not be applicable to proposed construction where the Department believes that the proposed activitymight unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation or recreation values, identified in G.S. 113A-102 and G.S. 113A-113(b)(4), nor that might significantly affect the quality NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Page 1 ENR - COASTAL MANAGEMENT T15A: 07H .1200 of the human environment. (e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. (f) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines, and local land use plans current at the time of authorization. History Note: Authoriry G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1, 113A-124; Eff. March 1, 1984; Amended Eff. May 1, 1990; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August 1, 1998; July 1, 1994. .1205 SPECIFIC CONDITIONS (a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the normal high water Iine, or the normal water level, whichever is applicable. ` (b) Piers, docks, and boat houses shall not extend beyond the established'pier length along the same shoreline for similar use. This restriction shall not apply to piers 100 feet or less in length unless necessa to avoid unreasonable interference with navigation or other uses of the waters by the public. The length of piers shall be measured from the waterward edge of any wetlands that border the water body. (c) Piers longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span some obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. ` (d) Piers and docks shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. (e) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width shall be considered either a "T" or a finger pier. (f) Any portion of a pier (either fixed or floating) greater than six feet wide shall be considered a platform or deck (g) "T"s, finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not exceed a combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed four square feet per linear foot of shoreline. (h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands. (i) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height of the walls and only covering the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. 0) Areas enclosed by boat lifts shall not exceed 400 square feet. (k) Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed but shall not be designed to allow second story use. (1) Pier alignments along federally maintained channels must also meet Corps of Engineers regulations for pier construction pursuant to Section 10 of the Rivers and Harbors Act. (m) Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, human - made canal or basin. Measurements to determine widths of the water body, human -made canals or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply when the proposed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed pier shall not be longer than the pier head line established by the adjacent piers, nor, longer than 113 the width of the water body. (It) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and 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 of the pier 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 the pier, dock, or boat house. 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. Application of this Rule may be aided by reference to the approved diagram in Paragraph (q) of this Rule illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management - When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable. NORTH CAROLINA ADMINISTRATIVE CODE 08127199 ` ENR - COASTAL MANAGEATEAT T15A: 07H .1200 (o) Piers, and mooring facilities shall be desizned to provide docking space for no more than tw-o boats. (p) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part of a shellfish franchise or ]ease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edcc of the lease. (q) The dial am shown below illustrates the various shoreline configurations. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. December 1, 1991; May 1, 1990, March 1, 1990; RRC Objection due to ambiguity Eff. March 18, 1993; Amended Eff. August 1, 1998; April 23, 1993. ENR - COASTAL MANAGEMENT TISA: 07H.1100 SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS .1101 PURPOSE This permit will allow the construction of bulkheads and the placement of riprap for shoreline protection in the public trust waters and estuarine waters AECs according to authority provided in Subchapter 7J .1100 and according to the following guidelines. This permit will not apply to shoreline protection within the ocean hazard AEC. HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984. .1102 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and complete an application form requesting approval for development. The applicant shall provide information on site location, dimensions of the project area, and his name and address. (b) The applicant must provide: (1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. (c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division of Coastal Management representative so that the proposed bulkhead alignment can be appropriately marked. Written authorization to proceed with the proposed development may be issued during this visit. Construction of the bulkhead or riprap structure must begin within 90 days of this visit or the general authorization expires and it will be necessary to re-examine the alignment to determine if the general authorization can be reissued. HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1;113A-124, Eff. March 1, 1984; Amended Eff. January 1, 1990; December 1, 1987. .1103 PERMIT FEE The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the Department. HistoryNote: Authority G.S.113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119; 113A-124, Eff. March 1, 1984; Amended Eff. March 1, 1991. .1104 GENERAL CONDITIONS (a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming to the standards herein. (b) 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 authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no significant interference with navigation or use of the waters by the public by the existence of the bulkhead or the riprap authorized herein. (d) This permit will not be applicable to proposed construction where the Department has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights. NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Page I ENR - COASTAL MANAGEMENT T15A: 07H.1100 (e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. (f) Development carried out under this permit must be consistent with all local requirements, AEC rules, and local land use plans current at the time of authorization. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. May 1, 1990; December 1, 1987, RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August], 1998; July], 1994. .1105 SPECIFIC CONDITIONS (a) 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. (b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must be positioned as follows: (1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet waterward of the mean high water mark, or the normal water level contour, whichever is applicable. In no case shall the bulkhead be positioned more than 5 feet waterward of the mean high water or normal water level contour at any point along its alignment. (2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high water mark or normal water level contour at any point along its alignment. This location standard also applies to riprap proposed waterward of the existing bulkheads. (c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high water mark or the normal water level contour, whichever is applicable. In no case shall the bulkhead or riprap be positioned more than 10 feet waterward of the mean high water or normal water level contour at any point along its alignment. For the purpose of these Rules, the Atlantic Intracoastal Waterway (AIWVV) is considered a natural shoreline and development must occur as described in 711 .1105(b). (d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500 feet. (e) All backfrll material shall be obtained from an upland source. (f) The bulkhead must be constructed, or the riprap must be in place prior to any backfilling activities. (g) The bulkhead or riprap must be structurally tight so as to prevent seepage of baclTill materials through the structure. (h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. V 0) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. (k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the canal or basin. 0) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having jurisdiction. This plan must be approved prior to commencing the land -disturbing activity. V HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. December 1, 1991; January 1, 1989; December 1, 1987. NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Pa; e 2 /0 1 /0 1 /0 j 121 Auu be 200