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HomeMy WebLinkAbout47317_BARBOUR'S MARINA, LLC_20060804❑ rAMA / ❑ DREDGE & FILL 1.M . aGI GENERAL PERMIT Previous permit # []New ❑Modification ❑Complete Reissue ❑Partial Reissue 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 15A NCAC Rules attached. Applicant Name I (; Project Location: County Address j Street Address/ State Road/ Lot #(s) City State . ZIP ' I �t Phone # O Fax # O Authorized Agent j T. Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Type of Project/ Activity Subdivision City i ZIP Phone # ( ` . ) f / i`,; i River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body (Scale: ) Pier (dock) length_ Platform(s)- a • — —� —f— — . —.. 1H. Finger pier(s) - �- i_-- Groin length • number ---- l .✓ Bulkhead/ Riprap length _ I— avg distance offshore max distance offshore tom. Basin, channel • t- — I _ �• cubic yards �� I - — Boat ramp �y — Boathouse/ Boatlift — `— rz � I � Beach Bulldozing Other Shoreline Length - SAV. not sure yes no 1 Sandbags: not sure yes no j Moratorium: n/a yes no _ _ — Photos: yes no Waiver Attached: yes no ---- _ _ _ I_ A building permit may be required by: ❑ See note on back regarding River Basin rules. Notes/ Special Conditions A U G " 7 � n c Agent or Applicant Printed Name Permit Officer's Signature _ � ry` Signature Please read compliance statement on back of permit o V ssuing Date 1 Expiration Date Application Fee(s) Check # 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 landowners). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify thatthis 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 Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (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 SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS: CHANNELS: BASINS: OR DITCHES IN ESTUARINE WATERS: PUBLIC TRUST WATERS: AND ESTUARINE SHORELINE AEC'S 15A NCAC 07H .1501 PURPOSE This permit will allow excavation within existing canals, channels, basins and ditches in estuarine and public trust waters for the purpose of maintaining previous water depths and creating new boat basins from non -wetland areas that will be used for private, non-commercial activities. This general permit is being developed according to the procedures outlined in Subchapter 7J A 100, and will apply to the estuarine waters and public trust waters areas of environmental concern. HistoryNote: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl); Eff. July 1, 1984; Amended Eff. December 1, 1987. 15A NCAC 07H .1502 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and complete an application form requesting approval for development. Applicants shall provide their name and address, the site location and the dimensions of the project area. (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 terrified 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 fords 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 onsite meeting is held with the applicant and a Division of Coastal Management representative to inspect and mark the proposed area of excavation and spoil disposal. Written authorization to proceed with the proposed development can be issued during this site visit. All excavation must be completed within 90 days of the date of permit issuance, or the general authorization expires. History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl); Eff. July 1, 1984,- Amended Eff. January 1, 1990; December 1, 1987. 15A NCAC 07H .1503 APPLICATION 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; 113A-119.1; 1134-124; Eff. July 1, 1984; Amended Eff. August 1, 2000; March 1, 1991. 15A NCAC 07H .1504 GENERAL CONDITIONS (a) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time necessary to ensure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. (b) This general permit will not be applicable to proposed maintenance excavation when the Department determines that the proposed activity will adversely affect adjacent property. (c) 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. (d) New basins within or with connections to primary nursery areas are not allowed. (e) No new basins will be allowed that result in closure of shellfish waters according to the closure policy of the Division of Environmental Health. (f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization, nor, to abide by regulations adopted by any federal or other state agency. (g) 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),(b); 113A-113(b); 113A-118.1; 113-229(cl); Eff. July 1, 1984; Amended Eff. May], 1990; December 1, 1987; RR Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August 1, 1998; July 1, 1994. 15A NCAC 07H .1505 SPECIFIC CONDITIONS Proposed maintenance excavation must meet each of the following specific conditions to be eligible for authorization by this general permit. (1) New basins will be allowed only when they are located entirely in highground and j oin existing man-made canals or basins. (2) New basins will be no larger than 50' in either length or width and no deeper than the waters they join. (3) New basins must be for the private non-commercial use of the land owner. (4) Maintenance excavation must involve the removal of no more than 1,000 cubic yards of material as part of a single and complete project. (5) All excavated material must be placed entirely on high ground above the mean high tide or ordinary high water line, and above any marsh or other wetland. (6) All spoil material must be stabilized or retained so as to prevent any excavated material from re-entering the surrounding waters, marsh or other wetlands. (7) The proposed project must not involve the excavation of any marsh, submerged aquatic vegetation, or other wetlands. (8) Maintenance excavation must not exceed the original dimensions of the canal, channel, basin or ditch and in no case be deeper than 6 feet below mean low water or ordinary low water, nor deeper than connecting channels. (9) No excavation may occur during times designated by the N.C. Division of Coastal Management for protection of fish, shellfish or wildlife resources. (10) No maintenance excavation may take place within prime shellfish areas as designated by the N.C. Division of Marine Fisheries. (11) Proposed excavation must not promote or provide the opportunity for a change in existing land use at the time of project review. (12) New basins and canals must maintain required setbacks between septic tank systems and surface waters. History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl); Eff. July 1, 1984; Amended Eff. September 1, 1988; December 1, 1987. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent toF%fz' g,of)tS / (Name of Property Owner) property located at I3 9,0 h)d ° (Lot, Block, Road, etc.) / on 'fj /I G,k- n 14,44eK i 6/ llc- al C' `&'. C. (Waterbody) (Town and/or County) He has described to me as shown below, the development he is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) o,c- X6147- '-"' '0000 c � L 17)9 72�R113L o ,,`1 To 1'19,R(;-�j 7-Ae4 o f lo,�9,0 �A4 7/fZ)Z-4! 4-0 eq A—) IM119 I/P 0 "�' al :5 / �e Morehead City DCV1 Signature fir , Print or Type Name 2�rz -, 23 f7- 63 )Y Telephone Number Al C DL—xl R -#I 06 �'G ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to I&X&'90g,'s / (Name of Property Owner) property located at (Lot, Block, Road, etc.) on ,(j/4 ,;�.�5oUND , in 1�4, e! N.C. (Waterbody) (Town and/or County He has described to me as shown below, the development he is proposing at that location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWLNG OF PROPOSED DEVELOPINIENT (To be filled in by individual proposing development) j he-A-4 d �-�10�a1 d'Al Morehead 00 DW q� LN /7--, t'.' P� h � L) Signatur Print or Type Name Telephone Number Y- y- o 6 BARBOUR'S MARINA, LLC P O BOX 19691 RALEIGH, NC 27619 PH 919-755-0558 I TO PAY THE ORDER OF M WACHOvra Wachovia Bank, N.A. �wacchovia.com /J FOR C1 ,00W /"L��-% 1077 66-162/531 BRANCH 04119 DATE MVP I W� wo "'00 10 7 7113 1:0 5 3 10 16 2 61: 20000 19 7 6 6 L. 2 ?ill $ 100 0a W