HomeMy WebLinkAbout32819_STOCKHOUSE, WILSON_20020920/'\,]CAMA / 1 DREDGE & FILL
6idENERAL PERMIT
❑New ❑Modification ❑Complete Reissue --Partial Reissue
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
Previous permit #
Date previous permit issued
Applicant Name Vi ; , < 0� Project Location: County t Al? 1 r
Address 100
F 9FFe�4 �?
City. (-,Jths�(�Q
State t& zip 2-4530
Phone # ( q) 3y- 3006
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Authorized Agent
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Affected ❑ CW
❑ EW
X PTA ❑ ES ❑ PTS
AEC(s): ❑ OEA
❑ HHF
❑ IH ❑ UBA C N/A
❑ PWS:
❑FC:
ORW: yes /.
PNA
yes / no Crit. Hab. yes / no
Street Address/ State Road/ Lot #(s)
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.FL] Rules attached.
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Agent or Applicant Printed Name (.y�
Signature Please read compliance statement on back of permit
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Application Fee(s) Check #
Permit Officer's Signature
Issuing Date Expiration Date
J l000 4k
Local Planning Jurisdiction Rover File Name
{-014
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
landowner(s) .
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 [ 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: Fax: 252-264-3723
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888-4RCOAST
Fax:919-733-1495
(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
ADJACENT R.IPARL-kN PROPERTY OWNER STAMfENT
(FOR A PIEBIM00RING PILINGSIBOATLIFTIROATHOUSE) .
I hereby certify that I own property adjacent to Susan Stackhouse ,S
(Name of property Owner)
prope+V loci at IM Pond Drive, Lot 20, BLR 20
t
(Lot, Block, Road, etc-)
on $ogue Sound 'in Atlantic Beach T N.C.
(Waterbody) (Town and/or County)
Ile has descri'oed to me, as shown below; the development be is proposL.T a: that location,
and, I have no objections to his proposal. I understand tha_ 7 pier inoorine
pilingsfboailift b house must be se: back a minimum distance of fifree-i f --t from my area
of riparian access unless waived by me.'
I do n wish to waive the setback requirement
x I do wish to waive trat setback recuireinent.
DESCRIPTION A.IIDJOR DRAWING OF PROPOSTD DFti7LMM—N"T:
(To be filled in by individual proposing development)
Siarlature
, -eg �- 0-1 K I gas
Print or Type Name
T :ephone Ivumbe;
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20 ' d ldi0i
ADJACENT RLPARL.N PROPERTY OWNER STAMEN7
(FOR A PIrERIMOORING PILINGSIBOATLIFT/ROATHOCSE) .
I hereby certify that I own property adjacent to Susan Stackhouse �s
(Name of Property Owner)
property located at 128 Pond Drive, Lot 20, SLR 20
(Lot; Block, Road, etc-)
on Bogue Sound in Atlantic $each N.C.
(Waterbody) (Town and/or County)
Ile has descrioed to me, as sown below, the development he is propos:r._ that location,
and, I have no objections to his proposal. I understand Char- z pie;/mooring
pilinaslboatlif (boathouse must be se* back a minimum distance of fiftee:i fee; (15) from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
x I SJQ wish to wave tar setback re ;uimmi ent.
DESCRIPTION AN77/OR DRAWLNG OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
Print or Type Name
IMne Number-
20i20 ' d T T T 88LL6T 6 00 ON I TH W 02JOSSQ-100 60 : 20 MW-9 T-d3S
-9lv(m5 wyt l'lI m
WYi7lim
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SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN
ESTUARINE AND PUBLIC: TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 0711.1201 PURPOSE
A permit under this Section shall 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 07J .1100 and according to the Rules in this Section. This permit shall not apply to oceanfront shorelines or to
waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of
the Estuarine Shoreline .AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower
erosion rates than the adjacent Ocean Erodible Area.
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. April 1, 2003.
15A NCAC 07H .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) confirmation 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 1, 1998; January 1, 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars ($100.00) by check or money order payable to the Department.
History Note: Authority G.S. 113A-107, 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff, August 1, 2000; March 1, 1991.
15A NCAC 07H .1204 GENERAL CONDITIONS
(a) 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.
45
(d) This permit will not be applicable to propose(] construction where the Department believes that the proposed activity
might 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 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: Authority C.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended E,ff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
15A NCAC 07H .1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet waterward from the normal high
water line 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 shorelinefor similar use.
This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access to
adjoining properties. 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) Except in the case of boat houses, any portion of a structure (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) The width requirements established in Paragraphs (d), (e), (f), (g) and (h) of this Rule shall not apply to pier structures in
existence on or before July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these
cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet
on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and
piers.
0) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height of the walls
as measured in a downward direction from the top wall plate or header 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.
(k) The area enclosed by a boat lift shall not exceed 400 square feet.
(1) 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.
(m) 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.
(n) 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 shalt 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 1/3 the width of the water
body.
(o) 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
46
A-
(d) This permit will not he applicable 10 proposed construction where the Department believes that the proposed activity
might unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation or recreation
values, identified in G.S. 1 13A-102 and G.S. 113A-1 13(b)(4), nor that might significantly affect the quality of thy. 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: 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;
RRC Objection dace to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
15A NCAC 07H .1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet waterward from the normal high
water line or the normal water level, whichever is applicable.
(b) Piers, docks, and boathouses shalt 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 necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access to
adjoining properties. 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 tlu-ee 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) Except in the case of boat houses, any portion of a structure (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) The width requirements established in Paragraphs (d), (e), (f), (g) and (h) of this Rule shall not apply to pier structures in
existence on or before July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these
cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet
on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and
piers.
(j) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height of the walls
as measured in a downward direction from the top wall plate or header 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.
(k) The area enclosed by a boat lift shall not exceed 400 square feet.
(1) 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.
(m) 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.
(n) 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 1/3 the width of the water
body.
[setback
o) Piers, docks and boat houses shall not interfere with the access to any riparian propery, and shall have a minimum
of 15 feet between any part of the pier and the adjacent property lines extended into ulie water at the points that they
46
S/ `
intersect the shoreline. The minimum setbacks provided in the rule maybe waived by the written agreen'ient 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 mini rium
setback and submit it to the Division of Coastal Management prior to initiating any development of the pier, clock, or boat
house. The, line of division of areas of riparian access shall be established by drawing a line along the channel or deep wattr
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 (r) 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.
(p) Piers, and mooring facilities shall
z be designed to provide docking space
d. , for no more than two boats.
(q) 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 lease 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
edge of the lease.
(r) The diagram shown below
illustrates the various shoreline
configurations:
EXAMPLES
RIPARIAN ACCESS AREAS
PROJECT AREA
_ EDGE OF CHANNEL OR
DEEP WATER
PROPERTY LINE
--- r - RIPARIAN LIMIT
�"- MEAN HICtI WATER
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], 1998; April23,
1993;
Temporary Amendment Eff. December
20, 2001;
Amended Eff. April 1, 2003.
47
J.L. MAXWELL, JR.• cN iRfMN
H.Q. MAXWELL, III,nRiFmmtxT
J.W. PELLETIER. Ill, wa PRgmocNl
State Road 1713 - P,O. Box 10009 • Goldsboro NO 27532
Phone (919)778.3130 A Fax (919)778-8111
Date.
To: Name:
company:
Fax: ('including area code):
No. of Pages: (including this cover sheet) 3
F rom :
Comments:
IMPORTANT CONFIDENTIALITY NOTICE
J.L. MAXWELL, ill. -.CGRGTARY-MCA.IUAR
W, MII.TON HENDIFIMSON. uuTRMONMT
H.H. (NICK) WEAVER, a man scFARµ=
This FAX communication is intended only for the use of the
individual to whom it is addressed and may contain information that is
proprietary, confidential or privileged. If you are not the intended
recipient (or an employee or agent responsible for delivering this
communication to the intended recipient), you are hereby notified that
any dissemination, distribution, or copying of this communication is
strictly prohibited- If you have received this communication in error,
please notify the sender immediately by telephone and return it to the
sender by mail. Sender will reimburse you for any expense incurred.
Thank.you.
20/T0'd TTT8822,6T6 03 JNI-nIW 0d0SSQ-100 60:20 ZOOZ-9T-d3S
WILSON B. STACKHOUSE
1219
MRS. SUSAN D. STACKHOUSE C% ,(yy/��)
DL. 2980093 PH 734-3006 � r/r t�L�'" �6-112/531
700 E. BEECH ST. 71201
GOLDSBORO, NC 27530
ggANCN BABB&TNKING AND TRUST COMPANY
GOLDSBORO, NORTH CAROLINA �
, ),2Sae-
�%r nro
1219
1:053101121i:112316963t""
DIVISION OF COASTAL MANAGEMENT
TO:
OFFICE:
410 a�
NCDENR
NORTH CAROLINA DCPART MCNT OF
ENVIRONMENT AND NATURAL RESOURCES
6� (�(Jr ISOAI
TELEPHONE: ( ) FAX- (/ /) I r — 7 716
FROM: />mRK
Morehead City Office
400 Commerce Avenue
Morehead City, NC 28557-3421
Voice: (252) 808-2808
FAX: (252) 247-3330
Re: (�
DATE SENT: /()' >)- U6
TOTAL PAGES INCLUDING COVER SHEET:
9�'
twat Ll-
. . .... ON-
'17 lu
7-VT
Stackhouse Prop.
/20/02
-..t
-'l+2S,-.P6-n* Drive-,
++
'I
Be'ach
f
.'Aticnfic
1 4
1 4
I L
x
i
_ e
4-4
tau
--�� Established Pier head alignment,
� -
V '
Stackhouse Prop.
9/20/02
128 Pond DriveY - n
.... .!" .. .t.,, ;, erg,. �— ..V �, �,...—^ _.,: -• ':ai,"."�„
--� Atlantic Beach
.�. ,.�...�• ... .arm � � _. . .. - _ - _ � _ : _ _ `�--.
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