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Home My WebLink About43056_LANE, BILL/KIM_20060309❑CAMA / ❑ DREDGE & FILL 3OVA GENERAL PERMIT Previous permit# � 994. ❑New ❑Modification OComplete Reissue ❑Partial Reissue Date previous permit issued I 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 !� ,r 0 Rules attached. Applicant Name l !: !Z�1-414V�5 Project Location: County &- Address L U x �j a % Street Address/ State Road/ Lot #(s) IJ C 112 City k' o a State- ZIP Phone # Fax # () Subdivision Authorized Agent Cityo/,� r ZIP Affected � CW MEW j PTA DES ElPTS Phone # (? I � n River Basin AEC(s): ❑ OEA ❑ HHF ElIH ElUBA El N/A Adj. Wtr. Body C )t 1TVCk 6naa /man Junkn) ❑ PWS: ❑ FC: ORW: yes I no PNA yes / & Crit. Hab. yes / .no Closest Maj. Wtr. Body C 1� 1 fC !lf� Type of Project/ Activity (Scale: Pier*(dock) length I )( y Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel Boat ramp Beach Bulldozing Other(j��iT��j V Z Shoreline Length SAV: not sure yes ',_ 47/ Sandbags: not sure Moratorium: yes noj - -' - - yes Photos: no _ -- _-- . Waiver Attached: yes no '— A building permit may be required by: Ductc Notes/ Special Conditions ICILL I Agent or Applicant Printed Name ❑ See note on back regarding River Basin rules. i u Signature ** Please read compliance statement on back of permit w) �= 11-3l Applicatron Fee(s) �,/tvpe # Issuing Date r r ' Expiritionbate hoc C0:3'C)0)1;4 Local Planning Jurisdiction 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, certifythatthis 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 (910-796-7215) for more information on how to comply with these buffer 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 Fax: 919-733-1495 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 400 Commerce Ave Morehead City, NC 28557 202-808-2808/ 1-888-4RCOAST 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 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 06/29/05 i l( 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 March 9, 2006 Mr. Roger Jacquelin 406 Chaptico Road South Hill, VA 23970 Re: Objection to the Issuance of CAMA General Permit No. 43056-A Development Project, Location, Dare County Dear Mr. Jacquelin: This letter is in response to your objection as an adjacent riparian property owner to a permit request from Dennis Hawthorn, an agent for Bill and Kim Lane for the installation of a dock, gazebo, and boatlifts at 1340 Duck Road in Dare County. Mr. John Cece, 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 install: • A pier 200 feet long and 6 feet wide, • A 100 square foot platform/gazebo, • A boat lift encompassing 260 square feet, and • A second boatlift encompassing 60 square feet. Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for General Permits for this type of development that are found in 15A NCAC 07H .1200, titled "General Permit for Construction of Piers, Docks, and Boat Houses in Estuarine and Public Trust Waters and Ocean Hazard Areas." You have notified the Division of Coastal Management of your objections to this proposed development by responding negatively to the adjacent riparian notification letter sent by Dennis Hawthorn of Coastal Area Permit Assistance. Your objections to this proposed development related to the aesthetics of the environment and boat/navigation safety. Mr. Cece has 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. Section 07H.1205(g) of the Division of Coastal Management's rules states that platforms (which includes gazebos) "shall not exceed more than 4 square feet per linear foot of shoreline." One of the reasons this restriction has been established is to limit the aesthetic affects of platforms and gazebos. Because the Lane's property has a shoreline length of 100 feet, they are permitted to 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight Mr. Roger Jacquelin March 9, 2006 Page 2 install a platform/gazebo up to 400 square feet in size (4 x 100 = 400), the maximum size allowed by the regulation. The sketch submitted with the riparian notification form depicts a platform/gazebo approximately 325 square feet in size. Therefore, the proposed structure can be permitted. Section 07H.1205(1) limits the height of the proposed gazebo to a single story. The gazebo will be roofed, but it cannot be designed to allow for second story use. Section 1205(b) of this same rule states "piers, docks, and boat houses shall not extend beyond the established pier length along the same shoreline for similar use." The purpose of this particular restriction is to prevent unreasonable hazards to navigation. Mr. Cece has examined piers located near the Lane's property and has identified a pier located approximately one-half mile south that is 150 feet long with a 15-foot platform. Therefore, the Lane's pier will be limited to a length of 150 feet with a 15-foot platform.. Finally, Section 07H.1205(k) states that "the area enclosed by a boat lift shall not exceed 400 square feet." Both of the proposed boatlifts meet this requirement, therefore these structures can also be permitted. After having given careful consideration to 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. 43056-A on March 9, 2006 (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. If you choose to pursue an appeal, please contact this office so that we can provide you with the appropriate forms and addresses. If you have any further questions regarding this matter, please do not hesitate to contact Mr. Cece, or me, at this office. Sincerely, Ted Sa on District Manager Northeast District TS/yc cc: Ted Tyndall, Assistant Director, Division of Coastal Management (DCM), Morehead City John Cece, Field Representative, DCM, Elizabeth City Dennis Hawthorn, Coastal Area Permit Assistance, Kill Devil Hills