45963_BUCHANAN, WAYLON_20060803

❑ CAMA / ❑ DREDGE & FILL
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 Project Location: County_
Address `> > L- Street Address/ State Road/ Lot #(s)
City C i
State -
Phone # ( )
Fax # ( )
Authorized Agent
❑ CW ❑ EW
❑ PTA ❑ ES
Affected
AEC(s): ❑ OEA ❑ HHF
❑ IH ❑ UBA
❑ PWS:
❑ FC:
ZIP
❑ PTS
❑ N/A
ORW: yes / no PNA yes /- no Crit. Hab. yes / no
Subdivision
City ZIP
Phone # ( ) River Basin
Adj. Wtr. Body -<. , (nat fman /un�
Closest Maj. Wtr. Body
Agent or Applicant Printed Name��r— Permit Officer's Signature
Signature Please read compliance statement on back of permit Issuing Date 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
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 D 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: [phone]
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(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: [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
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 06/29/05

ANY WA ee
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., Secretar
y
December 19, 2005
r N. 0.
Mrs. Rita Houtchens 19 o A
6037 Martins Point Road
Kitty Hawk, NC 27949 DEC 2 7 2005
Re: Objection to the Issuance of CALM nftd&r0`7�oLJft-A
Development Project, Location - Dare County
Dear Mrs. Houtchens:
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Lyn Small Inc., an agent for Mr. Alan Buchfuhrer for the installation of a pier at
6041 Martins Point 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
■ Remove an existing pier structure,
■ Install a 100 foot long pier with a 14-foot by 23-foot platform,
■ Install a 12-foot by 12-foot gazebo on the pier, and
■ Install a 12-foot by 14-foot boatlift.
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.
You have notified the Division of Coastal Management of your objections to this proposed
development by a letter dated October 27, 2005. Your objections to this proposed development
related to
■ The presence of a marsh on the aforementioned property,
■ The gazebo blocking your view of Ginguite Creek,
■ The pier creating a safety hazard for boaters on Ginguite Creek, and
■ The depth of water at the end of the proposed pier.
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.
During Mr. Cece's on -site visit, he observed several large clumps of black needle rush (Juncus
roemerianus) growing around Mr. Buchfuhrer's current pier structure. The presence of this plant
species and its location in and along the waters of Ginguite Creek classify this area as a Coastal
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mrs. Rita Houtchens
December 19, 2005
Page 2
Wetlands according to the Division of Coastal Management's regulations at 15A NCAC
07H.0204(a). However, the proposed structures should not adversely impact the Coastal
Wetlands.
While on site, Mr. Cece also observed nearby pier structures and thoroughly evaluated Mr.
Buchfuhrer's proposal against the Division of Coastal Management's regulations at 15A NCAC
07H.1205 that regulate pier length and location. These regulations state that piers "shall not
extend beyond the established pier length along the same shoreline" or "more than one-fourth the
width" of the adjacent water body. The regulations also state that these measurements "shall be
made from the water ward edge of any coastal wetland vegetation that borders the water body."
Furthermore, pier, platform and boatlift structures are not deemed to constitute an unreasonable
interference with navigation if they do not exceed the length of other existing piers along the
same shoreline. Mr. Cece has determined that Mr. Buchfuhrer's request meets these regulatory
requirements.
Aesthetic issues such as the blocking of neighbors' views are addressed by the rules that limit the
size of platforms and boathouses and Mr. Buchfuhrer's design meets these limitations. The
depth of water at the end of this pier is greater than three feet, which is a typically acceptable
depth to accommodate vessels that will utilize this size boatlift.
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. 43043-A on December 15, 2005 (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,
d Sampson
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
Lyn Small Inc., Kitty Hawk