36593_PINE ISLAND PROPERTY OWNERS ASSOC_20040413

I-] CAMA LJ DREDGE & FILL
GENERAL PERMIT
T
Previous
'ENew
permit #
ElModification EComplete Reissue
ElPartial Reis—
Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
�711.
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC :'
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[IJ Rules attached.
Address— v
City-
I I IL'StatlB_
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Czip 4�
Phone #
Fax #
Authorized Agent
Affected -- I Cw
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ES ElPTS
AEC(s): 'FJ , OEA
LIHHF DIH D
UBA 7 N/A
E PWS:
:1 FC:
ORW: yes / no
PNA yes / no
Crit. Hab. yes no
Type of Project/ Activity
roiect OlCaL 0— ounty
Street Address/ State Road/ Lot #(s)
Subdivision
City ZIP
Phone# River Basin
Adj. Wtr. Body A-T LrMti 6 (-�C-- V--,t4 '-J 1(�na�t,' man /unkn)
Closest Maj. Wtr. Body
LU
Pier (dock) length_
Platform(s)
Finger
pier(s)
Groin length
L
number
7 ,
Bulkhead/ Riprap length
ava distance offshore
G rVA
(Scale:
1, 1?'7
max distance offshore
Basin, channel Z:-- I i 7, `7-
cubic yards_ - - .� I ��� I � � � � � � I t - j
Boat ramp
Boathouse/ Boatfift
Beach Bulldozing
Other
r
Shoreline Length
SAM not sure yes no
Sandbags: not sure yes no
Moratorium: n/a yes no
Photos: yes no —f
Waiver Attached: yes no
A building permit may be required by: See note on back regarding River Basin rules.
Notes/ Special Conditions
Agent or Applicant Printed Name
Signature l" P�lease read comp!iance statement on back of permit
tv
Application Fee(s) Check#
Permit Officer's Yature i
Issuing Date Expiration -Date
Local Planningjurisdiction 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
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat 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 howto complywith 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: [phone]
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888ARCOAST
Fax: [phone]
(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: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
www.nccoastalmanagement.net
Revised 10/05/01

NCDENR
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
April 14, 2004
Ms. Carmen D. Yarbrough
8500 Woodman Road
Richmond, Va. 23228
Re: Objection to the Issuance of CAMA General Permit No. 36593-A
for Pine Island Property Owners Association's Dune Restoration
Project, Pine Island, Currituck County
Dear Ms. Yarbrough:
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Mr. Hal Goodman, an agent for Pine Island Property Owners Association, for the
restoration of the dunes in the Pine Island Subdivision, in Currituck County. Mr. Dennis
Hawthorn, 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 restore the dunes of this subdivision by the
placement of hauled -in compatible sand landward of the crest of the dune, the sprigging of this
area with beach grass vegetation, and the placement of sand fencing on the east side of the dune.
Under the Coastal Area Management Area (CAMA), the Coastal Resources Commission (CRC)
established a temporary emergency Rule for a General Permit to be activated subsequent to
hurricane events, and this is found in 15A NCAC 7H .2500. This General Permit authorizes the
issuance of major permits for the reconstruction of primary and frontal dunes, and incorporates
the existing use standards and regulations applicable for this type of development. These
incorporated Rules are found in 15A NCAC 07H .0306, .0308, .0309 and .0311.
You have notified the Division of Coastal Management of your objections to this proposed
development by emails and telephone calls. Your objections to this proposed development
related to the lack of need for additional restoration of these dunes, and the lack of authority of
the Pine Island Homeowners Association to undertake development on the private property of
subdivision homeowners. Dennis Hawthorn and I have reviewed your objections, 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

Carmen D. Yarbrough
April 14, 2004
Page 2
We found that that the dune remaining after Hurricane Isabel was significantly narrowed, and
that within the area of proposed development additional sand on the landward side of the dune
should restore some of the protective value of this dune system. In evaluating the permit request,
we asked the Association to provide us with any documentation that they felt could establish
their authority to undertake the proposed development on behalf of the private property owners.
The Association provided copies of the relevant By-laws, Covenants and Minutes of Property
Owners' Association meetings to substantiate the legitimacy of their permit application. While
you have contested the legitimacy of these claims, within North Carolina the determination of
issues of title and ownership are reserved for the judiciary. The Association has provided
sufficient information to justify that they may pursue the issuance of this permit, and your
recourse on this issue must be through the courts system.
As a part of the evaluation of this permit request, it was determined that the size of the project
triggered requirements of the Division of Water Quality related to Storm Water. Plans, and the
requirements of the Division of Land Quality related to a Sedimentation and Erosion Control
Plan. With regard to the former, the applicants have been required to attest that none of the
development will result in any alteration to the original CAMA development and Stormwater
permits. With regard to the latter, the permit has been conditioned to not take effect until such
time as a Sedimentation and Erosion Control Plan is approved by the Division of Land Quality.
As such no development can commence immediately.
After having given careful consideration your objections 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. 36593-A on April 13, 2004, (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. Since you have indicated that you intend to appeal this decision, I am enclosing the form to
be completed.
Please note the three factors listed on this form, which need to be specifically addressed with
additional attachments. This documentation must be served on:
Director, Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
A copy of this documentation needs to be sent to:
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629

Carmen D. Yarbrough
April 14, 2004
Page 3
If the Chairman of the Coastal Resources Commission grants a hearing of your appeal, you then
must file a petition for a Contested Case Hearing with the Office of Administrative Hearings
within 20 days of the Chairman's decision. I am enclosing a copy of this form as well. This
office can assist you with the points of contact and addresses associated with this portion of the
process. If the Chairman denies your hearing request, this decision can be appealed to the
Superior Court in Currituck County.
If you have any further questions regarding this matter, please do not hesitate to contact Dennis
Hawthorn, or me, at this office.
Sincerely,
Ted Sa son
District Manager
Northeast District
Enclosures: Copy of Permit No. 36593-A
DCM Form 5 — Third Party Hearing Request on CAMA Permit Decision
Petition to OAH for a Contested Case Hearing
TS/yc
cc: Dennis Hawthorn, Division of Coastal Management, Elizabeth City, NC
"Charles S. Jones, Director, Division of Coastal Management, Morehead City, NC
Hal Goodman, Agent, Kitty Hawk, NC
Jack Hughes, Pine Island Property Owners Association

PAGE 02
N° 36W
04/13i12004 21:26 2524734191 CDNST ENG SVCS
I CAMA /.0 DREDGE & FILL 00-�
ENERAL PERMIT �J
ew C�Modlfication ❑Complete Reissue uPartial Reissue` i' Previous permit #_
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 I SA NCAC
Applicant Name i '1*. Project Location: County
Address Street Address/ State Road/ Lot #(s)
_ 4GziP !7i'iq
'hone # (_) . t Fax # (_ __)
Wdumfted �I& L IC;
\ffected 0 Cw. ❑ EW D PTA ❑ ES D rT5
�EC(s): EA E! HHF D IN 0 URA D WA
D PWS: ❑ FC:
)RW: yes /C> PNA yes / ,0
Type of Project/ Activiv M
Pier (dock) length
Grit. Hab. yes /
W
Subdivision
City -
Phone # (_
Adj. Wtr. Body
Closest Mal. Wtr. Body.
r5
Z!P
River Basin
(Scale:
(nat /man /unkn)
Phttform(s) _
-
14
ga
Fingerpier(s) ....T itty ' l
�y
Groin length
number
Bulkhead/ Riprap length .{ 1� U -
11 .t r .
avg distance offshore i-- -
max distance onshore i _. s..� ..' .�� 'T . 0! ...�
Basin, channel 15 «^a
I
cubic yards.....
Boat ramp
Boathouse/ Boatllft, �`�3v .- '.��` -=1 f/ �' °c' �� ~. _. ` -•} _ ._.I._...
-
BeachBulldozing ✓ , .. } ; ' i UG,�1 V.l�� ;' -'�'l ��y�.. � ��i ��- I
i
de
.E
Shoreline Length
SAV not sure yes -4 _ _.:. _ ,.. • .- -: .a=f'+ -j- - ! — F- I
Sandbag: not sure yes
Moratorium: n!a 4...
Photos: ya
1
V1r'aiver Attached: yes
A building permit maybe required by: ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions
Petmk �!'.il Si�fature V
• Z.
� �D
C0itjw V