40130_WARE, BOBBY & HERITAGE POINT (HOA)_20041122

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ICAMA / L, DREDGE & FILL
GENERAL PERMIT
CINew `Modification F�Complete Reissue C'Partial Reissue
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
Previous permit #
Date previous permit issued
attached.
Applicant Name t')G V u kf
c-' ! h L r
/ i`,t� C
Project Location: County .
Address d.�> 1(
/
Street Address/ State Road/ Lot #(s) ;^tr
4 Pr
City 1 ' j i-j /\% f (_:
State .i
ZIP T' ' y SLl
Phone # (2Si) ti'1 3 - l pis
11� Fax # ( )
-----�
Subdivisions'
Authorized Agent
city—/T" ZIP
❑ CW R EW
Affected
PTA i_i ES
L l PTS
Phone # ( ) River Basin
I- 1 ti'/ ��
AEC(s): ❑ OEA ❑ HHF
❑ IH C UBA
❑ N/A
Adj. Wtr. Body "I "��+' _
gnat Oman /unkn)
PWS:
ElFC:
ORW: yes / no PNA
yes / no Crit. Hab. yes / no
Closest Maj. Wtr. Body
c r i`-`"'
Type of Project/ Activity , -
(Scale: )
Pier (dock) length
Platform(s)
Finger piers)
Groin length
number
Bulkhead/ Ripraplength _
avg distance offshore
max distance offshore
Basin, channel
cubic yards
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other
Shoreline Length
SAM not sure yes no
Sandbags: not sure yes no
Moratorium: n/a yes no -
Photos: yes no
Waiver Attached: yes no
A building permit may be required by: See note on back regarding River Basin rules.
Notes/ Special Conditions
IA
ent or Applicant, Winted Name
Permit Officer'sSignatur
/
Signature Please read compliance statement on back of permit
Issuing Date
Jxpiratiop Date
1-/Check
1
Application Fee(s)
#
Local Planningjurisdiction
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
Iandowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar - Pamlico River Basin Buffer Rules [] Other:
U 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 (910-395-3900) for more information on how to complywith thesebuffer 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:
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / I-888-4RCOAST
Fax: [phone]
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
15 I -B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
202-808-2808
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
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
www.nccoastalmanagement.net
Revised 10/05/01

North Carolina
Michael F. Easley, Governor
Tami J. Thompson
Sunset Village H.O.A.
P. O. Box 890
Avon, NC 27915
Dear Ms. Thompson:
A�
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
R1Te
DEC 0 2 2004
Morehead City DCM
November 30, 2004
Re: Objection to the Issuance of CAMA General Permit No. 40132-A
for a marsh protection riprap structure, in Frisco Village, Dare
County
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Paul Warnell for the construction of rock riprap marsh shoreline protection along
the Pamlico Sound in Lands End, Sunset Village Subdivision, in Dare County. Mr. Dennis
Hawthorn, 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 protect a wetland fringe along this shoreline with
a riprap structure. 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 .2400.
You have notified the Division of Coastal Management of your objections to this proposed
development by a letter dated October 15, 2004. Your objections to this proposed development
related to the encroachment of this shoreline stabilization structure within 15 feet of your
property line, and sought payment of delinquent Association dues prior to signing off on the
project without objection. Mr. Hawthorn 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.
When shoreline stabilization is recognized as needed, and when designed to be carried out in
conformance with the CRC rules for such structures, there is no prohibition to the construction of
such devices up to an owner's property line.
Mr. Hawthorn has discussed your concerns with Mr. Warnell, and he has agreed to terminate the
riprap structure fifteen feet from the Sunset Village Homeowners Association property line.
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

Tami J. Thompson
November 30, 2004
Page 2
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. 40132-A on November 30, 2004 (copy attached)
for the proposed development.
If you wish to appeal this permit decision, you must file a Third Parry 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 hesitatel,to contact Mr.
Hawthorn, or me, at this office.
Sincerely,
Ted Sampson
District Manager
Northeast District
TS/yc
cc: Dennis Hawthorn, Division of Coastal Management, Elizabeth City, NC
Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
Paul Warnell, Port Orange, FL