26437_MATTOX, FRED T_20010208

i FEB 16 2001 1
LAMA and DREDGE AND FILL Your project is subject to the Tar/Pamlico 26437
G E N E R A L '
River Basin Buffer Rules due to its locatior
within theTar/Pamlico Basin. Please
P E R M I T contact Deborah Sawyer at (252) 946- L �
6481.
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.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
i nls permit IS SUD1eCt tU COfttl..tlldM-t! WRrI UIIJ d`.lP111.duvr1, wm: u10vv1116
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.
zip
(SCALE: N,-r ,c )
I1 r r- A _
iye — ".
applicant's signature
permit officer's signature
issuing date expiration date
attachments
application fee

. it
North Carolina
Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Senator Ed Warren
623 Legislative Office Building
Raleigh, NC 27610-2808
Dear Senator Warren:
25 April 2001
NCDENsk
R
This letter is in reference to your 24 April 2001 telephone conversation with Mr. David Moye Coastal
Management Representative for the Division of Coastal Management regarding the CAMA and Dredge and Fill
General Permit issued to Mr. Fred Mattox. This permit was issued for the construction of a pier onsite Mr.
Mattox's property in Beaufort County off NC Highway 92 on the Pamlico River at Bayview near the town of
Bath, North Carolina.
As you requested, I am providing a summary of the conversations I have had with Mr. Mattox concerning
his pier. I am also enclosing copies of the applicable rules upon which I based my decisions concerning this permit
and the constructed pier.
On 16 January 2001, Mr. Mattox called this office and spoke to me about replacing his pier that was lost
during the 1999 storm, season. We discussed his permit options, and I stated that I needed to meet him or his
authorized agent onsite his property to look at what was left of the structure to determine if the proposed work
would constitute repair or replacement as defined in 15A NCAC Subchapter 07J.0210. At that meeting, I would
also be able to issue the appropriate permit. Mr. Mattox agreed to obtain the signed statements of no objection
from his adjacent riparian property owners in the event that a pernut is required. Mr. Mattox stated that he would
be unable to meet me, but he would have Mr. Dallas Linton, a marine contractor, meet me and act as his agent.
On 8 February 2001, I met Mr. Linton onsite Mr. PvIattox's property. I determined that the proposed work
constituted replacement because the only parts of the structure remaining at that time were four pilings supporting
a second story deck. The pier itself, and the first -story platform were gone. As stated in NCAC Subchapter 15A
07J.0210, replacement of a structure can be allowed if the structure is consistent with current CRC rules. 15A
NCAC Subchapter 07H.0208(b)(6)(D) states, in part, that "The combination of all "T"s, platforms, and decks
must not exceed a combined total area of four square feet per linear foot of shoreline." 15A NCAC Subchapter
07H.0208(b)(6)(C) states that "Any portion of a dock or pier either fixed or floating) greater than six feet wide
shall be considered a platform or deck." Based on these rules, and the fact that Mr. Mattox has 68 linear feet of
shoreline, I determined that Mr. Mattox was entitled to 272 square feet of platform. I issued CAMA and Dredge
and Fill General Permit # 26437B for the construction of a 5'4" by 100' pier with a 16' by 10'8" platform and
a 4' by 25' catwalk. Total permitted platform square footage is 272 square feet. (See attached permit.)
Mr. David Moye conducted a routine monitoring visit at Mr. Mattox's property on 11 April 2001, and
determined that the pier was not constructed as permitted. The platform at the end of the pier measures 16' by
I I' 10", and the area under the stairs was decked, creating a 10' by 19'6" platform. The total existing platform
measures 384 square feet. This exceeds the area allowed under current rule.
Washington District \ 943 Washington Square Mall, Washington, North Carolina

Senator Ed Warren
27 April 2001
Page 2
On 16 April 2001, I met Mr. Mattox at his property to discuss options for bringing his pier into
compliance with the current CRC rules. However, in a spirit of cooperation, I chose to work with Mr. Mattox to
resolve this situation. Since the issued permit was still active, I considered the documented square footage part
of my routine monitoring and offered Mr. Mattox the opportunity to bring his structure into compliance with the
permit and current rules. Please be aware that noncompliance with an issued permit can result in a Notice of
Violation and associated fines being issued to a property owner. Mr. Mattox contends that prior to the 1999
storms, his pier was much larger than what I permitted. However, a Certificate of Exemption issued by Mr. David
Gossett, former Coastal Management Representative, on 17 August 1996 permitted the replacement of a much
smaller structure (see attached).
On 19 April 2001, I sent Mr. Mattox a copy of the applicable rules. I spoke with Mr. Mattox on 24 April
2001, and we discussed the rules and his options. Mr. Mattox asked if he could apply to the CRC for a variance
from their rules (per 15A NCAC 07J.0701). In order to request a variance, the property owner must have a permit
decision from the Division. I explained that Mr. Mattox would have to request a larger platform and be denied in
order to request a variance. If he receives a Notice of Violation, he can refuse to restore the structure. At that
point, the Division of Coastal Management would file for injunctive relief (General Statute 113A-126), and Mr.
Mattox would have an opportunity to argue his case.
I appreciate your concern encourage you to continue to consult representatives of this Division for future
questions regarding CAMA permits. If you have any questions about this or any other matter, please call me at
[phone], ext. 298.
Sincerely,
CR�
Tracey L. Wheeler
Coastal Management Representative
ATTACHMENTS
cc: Donna Moffitt — Director, DCM
Charles Jones — Assistant Director, DCM
Terry Moore - District Manager, Washington Regional Office, DCM
David Moye — Coastal Management Representative
Merrie Jo Alcoke — Attorney General's Office