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HomeMy WebLinkAboutGeneral Permits (7887)CERTIFICATION OF EXEMPTION FROM REQUIRING A CAMA PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203. Applicant Name ;" -/ Z` rs✓r� �„ Phone Number 1 $ �'� Address City r •-- 1 State Zip Project Location (County, State Road, Water Body, etc.) Type and Dimensions of Project The proposed project to be located and constructed as described above is hereby certified as exempt from the CAMA permit re- quirement pursuant to 15 NCAC 7K .0203. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal, or Local authorization. 146 This certification of exemption from requiring a CAMA permit is valid for 90 days from the date of issuance. Following expiration, a re-examination of the project and project site may be necessary to continue this certification. SKETCH r� (SCALE: n �lB`v C ' �• toe f k f'r c �• T Q'U f'o aG,'� 4 e 1J6 4 Any person who proceeds with a development without the con- sent of a CAMA official under the mistaken assumption that the development is exempted, will be in violation of the CAMA if there is a subsequent determination that a permit was required for the development. The applicant certifies by signing this exemption that (1) the ap- plicant has read and will abide by the conditions of this exemp- tion, and (2) a written statement has been obtained from adjacent landowners certifying that they have no objections to the proposed work. x re CAMA Official's signature Issuing date Expiration date Attachment: 15 North Carolina Administrative Code 7K .0203 ENR - COASTAL MANAGEMENT TI5A: 07K .0200 (ii) The project will continue to be used for private, residential purposes. The criteria in the categories listed in this Rule are aimed primarily at exempting from the CAMA permit those projects that are simple modifications intended for private use. These are considered to be a reasonable expression of a waterfront property owner's right of access. History Note: Authority G.S. 113A-103(5)(c); 113A-118(a); Eff. March 29, 1978; Amended Eff. July 1, 1981. .0203 PRIVATE BULKHEADS: RIPRAP: AND PIERS EXEMPTED (a) The NC Coastal Resources Commission hereby exempts from the Coastal Area Management Act permit requirement work in the estuarine shoreline and public trust waters areas of environmental concern necessary to maintain, repair, and construct private bulkheads with backfill, and to place riprap material along shorelines, and construct piers or mooring facilities in waters of North Carolina. This exemption is subject to the following conditions and limitations: (1) The activities exempted by this Rule shall be private, non-commercial activities conforming to the standards and conditions contained in this Rule. This exemption does not apply to development associated with multi -unit residential developments larger than duplexes or to marinas, commercial harbors, community or neighborhood boat access, fish houses or similar commercial activities. (2) This exemption is applicable only along estuarine shorelines void of wetland vegetation types described in G.S. 113-229, or where all construction is to be accomplished landward of such vegetation, or where the pier is elevated above said wetlands. (3) This exemption only applies to bulkheads, riprap, and piers in non -oceanfront areas. (4) This exemption does not eliminate the need to obtain any other required federal, state, or local authorization. (5) Before beginning any work under this exemption the Department of Environment, Health, and Natural Resources representative must be notified of the proposed activity to allow on -site review of the bulkhead, riprap material, or pier alignment. Notification can be by telephone, in person, or in writing. Notification must include: (A) the name, address, and telephone number of landowner and location of work including county, nearest community, and water body; (B) the dimensions of the proposed pier, bulkhead with backfill, or the area dimensions to be covered by placement of riprap material; (C) 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. (These statements do not have to be presented at the time of notification of intent to perform work, but the permittee must make it available to CRC agents at their request.) (6) The landowner must agree to perform the work authorized in this Rule in a manner so as to conform with standards for development in the estuarine shoreline area of environmental concern. (b) Bulkheads and Riprap: Conditions (1) The permittee shall maintain structure of areas of riprap material authorized in this Rule in good condition. (2) Bulkhead with backfill, and placement of riprap material exempted by this Rule shall be limited to a maximum shoreline length of 200 feet. (3) The bulkhead backfill and riprap materials must be obtained from an upland source. (4) No excavation is exempted under this Rule except that which may be required for installation of the bulkhead wall, deadmen, cables, piles, etc. (5) The proposed bulkhead alignment or area for placement of riprap material must be staked or flagged by the landowner in consultation with, or approved by, a state or federal permit officer prior to any construction activity. The bulkhead must be positioned so as not to extend more than an average distance of two feet waterward of the mean high water contour; in no place shall the bulkhead be more than five feet waterward of the mean high water contour. Construction activities must begin 90 days after approval of the alignment or area. (6) The bulkhead must be solid structure constructed of treated wood, concrete slabs, metal sheet piles, corrugated asbestos sheeting, or similar materials. A structure made of organic material, tires, car bodies, or similar materials is not considered a bulkhead. (7) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the bulkhead. The bulkhead must be constructed prior to any backfrlling activities. (8) Riprap material must consist of clean rock or masonry materials such as marl, brick, or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Page 2 Etvfc c J, `_)IZ- . MAC r TISA: 07K.0200 similar material are not considered riprap. (c) Piers: Conditions (1) Exemptions for pier construction along natural shorelines are available only for lots with shoreline lengths 75 feet or greater. Exemptions may be used on shorelines in human -made canals and basins regardless of shoreline length. (2) Piers and mooring facilities must not exceed 100 feet in total length off -shore; must not be within 150 feet of the edge of a federally maintained channel; must not extend past the four foot mean low water contour line (four foot depth at mean low water) of the water body; must not exceed six feet in width; must not include an enclosed structure; and must not interfere with established navigation rights of other users of the water body and must have a minimum setback of 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the prop6rties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The four foot mean low water restriction shall not apply to piers constructed in canals and basins dredged from areas above normal high water (NHW) or normal water level (NWL). (3) This exemption shall not apply to docks and piers being built within shellfish franchises or leases unless the applicant for authorization to construct can provide written confirmation of no objections to the proposal from the lessee. (4) Piers authorized by this exemption shall be for the exclusive use of the land owner, and shall not provide either leased or rented docking space or any other commercial services. Piers and mooring facilities designed to provide docking space for more than two boats shall, because of their greater potential for adverse impacts, be reviewed through the permitting process, and, therefore, are not authorized by this exemption. (5) Piers and docks shall in no case extend more than 1/4 the width of a natural water body, canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply when the proposed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed pier shall not be longer than the pier head line established by the adjacent piers, nor longer than 1/3 the width of the water body. (6) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width shall be considered either a "T" or a finger pier. (7) Any portion of a pier (either fixed or floating) greater than six feet wide shall be considered a platform or deck. (8) "T"s, finger piers, platforms, and decks of piers must not exceed a combined total area of 200 square feet. (9) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. History Note: Authority G.S. 113A-103(5)c; 113A-118(a); Eff. March 29, 1978; Amended Eff. August 1, 1998; May 3, 1993; December 1, 1991; May 1, 1990; July 1, 1987, .0204 EXEMPTIONS FOR PROJECTS REQUIRING AIR QUALITY PERMIT Modification to Existing Sources or Control Devices. Generally, projects in this category are modifications to facilities or control devices which are necessary for upgrading existing capacities or meeting minimum air quality standards. Existing abatement devices may be modified or new equipment installed; however, the purpose of such modification is not tied to expanding capabilities. Projects falling into this category will be exempted from the CAMA major -development permit if: (1) The modification is necessary for upgrading existing capabilities or to meet minimum air quality standards, or (2) The modification involves installation of additional abatement devices necessary to meet minimum air quality standards, and (3) Such modification does not involve significant land -disturbing activities or necessitate surface or subsurface disposal of water. History Note: Statutory Authority G.S. 113A-103(5)(c); 113A-118(a); Eff. March 29, 1978. .0205 EXEMPTIONS FOR PROJECTS REQUIRING THE NPDES NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Page 3 May 3, 2000 Mr. David M. Williams 207 Straits Haven Rd. Beaufort, NC 28516 I (z Qr Dear Mr. Williams: SUBJECT: Lot 15 Straits Haven Subdivision —Owner Doris B. Powell You have our permission to construct a pier in front of your property that meets Carteret County and the Great State of North Carolina's construction regulations. We prefer that you do not build to the property line. I think there is a regulation that you have to stay fifteen feet plus away from said line. Sincerely, Doris B. Powell By Walter B. Powell Attorney -in -Fact PO Box 821 Greenville, NC 27835-0821 Phone & FAX 252-830-4825 I �S 0 z Z1.3) *-<-? -14A v 1,,-:* Q(_ r� i Ap I� s N 3-)-'JS