HomeMy WebLinkAbout24321_BRASWELL, RICHARD D_19991116CAMA and DKEDGE AND FILL
G E N E R A L
PERM I T ('019
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 15 NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier(dock)Length '' li {/
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
Phone Number
State . Zip
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, imprisonment 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 of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
(SCALE:
flmp
applicant's signature
permit officer's signature
issuing date expiration date
attachments
application fee
Richard Daylon BraswellQswre !
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Princeton, NC 27569 DATE
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EAR - COASTAL A1AA7AGEMEA'T
TI5.4: 07H .1200
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND
BOAT HOUSES IN ESTUARINE AND PUBLIC TRUST WATERS
.1201 PURPOSE
This perriit will allow the construction of new piers, docks, and boat houses in the estuarine and public trust waters
AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in
Subchapter 7J .1100 and according to the following guidelines. This permit will not apply to the Ocean Hazard .AEC.
History Nore: Authoriir)• G.S. 113A-107(a); 113A-107(b); 113.4-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
.1202 APPROVAL PROCEDURES
(a) Tne applicant must contact the Division of Coastal Management and complete an application form requesting
approval for development. The applicant shall provide information on site location, dimensions of the project area, and
his name and address.
(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) conformation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice shall 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 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection.
DCM staff shall 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 finds that the
comments are worthy of more in-depth review, the applicant shall be notified that he must submit an
application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Manaeement and
the applicant shall be provided a copy of this Section. `
(d) Construction must be completed within 90 days of the approval of the permit or the permit expires.
(e) Any modification or addition to the approved project shall require prior approval from the Division of Coastal
Manag-.merit
History Nore: Authority G.S. 113A-107(a); 113A-107(b); 113.4-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. August 1, 1998; January 1, 1990.
.1203 PERMIT FEE
The applicant must pay a permit fee of fifty dollars (S50.00) by check or money order payable to the Department.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119; 113A-124;
Eff. March 1, 1984;
Amended Eff. March 1, 1991.
.1204 GENERAL CONDITIONS
(a) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not
provide either leased or rented docking space or any other commercial services. Piers designed to provide docking space
for more than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major
permitting process and, therefore, are not authorized by this general permit.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to
make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the
authority of this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence
of piers, docks and boat houses.
(d) This permit will not be applicable to proposed construction where the Department believes that the proposed
activity alight unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation
or recreation values, identified in G.S. 113A-102 and G.S. 113A-113(b)(4), nor that might significantly affect the quality
ENR - COASTAL MANAGEh7ENT TI 5.4: 07H .I200
of the human environment.
(e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines, and
local land use plans current at the time of authorization.
History Afore: Authority G.S. 113.4-107(a); 113A-107(b); 113A-113(b); 113A-118.J; 113A-124;
Eff. March 1, 1984;
.Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
.Amended Eff. August 1, 1998; July 1, 1994,
.I205 SPECIFIC CONMITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the normal high water
Iine, or the normal water level, whichever is applicable. `
(b) Piers, dock's, and boat houses shall not extend beyond the established pier length along the same shoreline for
similar use. This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable
interference,Arith navigation or other uses of the waters by the public. The Iength of piers shall be measured from the
waterward edge of any wetlands that border the water body.
(c) Piers longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of
at least one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary
to span some obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge
of any coastal wetland vegetation which borders the water body. `
(d) Piers and docks shall be no wider than six feet and shall be elevated at Ieast three feet above any coastal wetland
substrate as measured from the bottom of the decking.
(e) 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.
(f) Any portion of a pier (either fixed or floating) greater than six feet wide shall be considered a platform or decks.
(g) "T"s, finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not
exceed a combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed
four square feet per linear foot of shoreline.
(h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands.
(i) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height
of the walls and only covering the top half of the walls. Measurements of square footage shall be taken of the greatest
exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline.
0) Areas enclosed by boat lifts shall not exceed 400 square feet.
(k) Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed but shall not be designed
to allow second story use.
(1) Pier alignments along federally maintained channels must also meet Corps of Engineers revelations for pier
construction pursuant to Section 10 of the Rivers and Harbors Act.
(m) Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, human -
made canal or basin. Measurements to determine widths of the water body, human -made 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, Ionger than 113 the
width of the water body.
(n) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that
they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the
adjacent riparian owner(s), or when'two adjoining riparian owners are co -applicants. Should the adjacent property be
sold before construction of the pier commences, the applicant shall obtain a written agreement with the new owner
waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any development
of the pier, dock, or boat house. 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 property, then drawing a line perpendicular to the Iine of the channel so
that it intersects with the shore at the point the upland property line meets the water's edge. Application of this Rule
may be aided by reference to the approved diagram in Paragraph (q) of this Rule illustrating the rule as applied to
various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management.
When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to
meet the intent of this Rule to the maximum extent practicable.
ENR - COASTAL MANAGEMENT T15A: 07H .1200
(o) Piers, and mooring, facilities shad] be designed to provide docking space for no more than two boats.
(p) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner
of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall
allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the ]Case.
(q) The diagram shown below illustrates the various shoreline configurations. V
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990, March 1, 1990,•
RRC Objection due to ambiguity Eff. March 18, 1993;
Amended Eff. August 1, 1998, April 23, 1993.
ENR - COASTAL MANAGEMENT T15A: 07H .1500
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
.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 .1100, and will apply to the estuarine waters and public trust waters areas of environmental
concern.
History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December], 1987.
.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 certified 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 finds 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.
.1503 APPLICATION FEE
The applicant must pay a permit fee of fifty dollars (S50.00) by check or money order payable to the Department.
HistoryNote: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113A-119; 113A-124;
Eff. July 1, 1984;
Amended Eff. March 1, 1991.
1504 GENERAL CONDMONS
(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 deterrtined, based on an
initial review of the application, that notice and review pursuant to G.S. 1I3A-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.
NORTH C.AROLINA ADMINISTRATIVE CODE 08/21198 Pa'-e I
ENR - COASTAL 31.A .4GEAIENT T15.4: 07H.1500
(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.
(CY 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 Rote: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. May 1, 1990; December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
.1505 SPECIFIC CONDITIONS
Proposed maintenance excavation must meet each of the foIIowing 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 join 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 around 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.
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PROPOSED
BULKHEAD
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LAYERS: 8,28,60, 62, 63, 64
PRELIMINARY LOCATION SURVEY
ONLY.' NOT INTENDED FOR
CONVEYANCE OF PROPERTY
2.6'
2.6'
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2.0' 1
EXISTING PIER 2,
TO BE REMOVED 1
SOUNDINGS PROVIDED BY RICHARD
(TO BE DREDGED) , BRASWELL TAKEN AT LOW TIDE.
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1
14'
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' I , NOTE: PROPOSED STRAHM FACILITIES
'I o li TO BE CONSTRUCTED SIMUL TANEOUSL Y
AND CONNECTED TO THIS PIER.
RI I
X 1 1
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_DREDGING I LIMIT�I
�- ------`(` I i
N 21 °03'26'E 31,09'
-�
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1, CYRUS ALAN BELL, REGISTERED LAND
SURVEYOR DO HEREBY CERTIFY THAT
I HAVE SURVEYED THE PROPERTY AS
SHOWN HEREON IN ACCORDANCE WITH
THE STANDARDS OF PRACTICE FOR
LAND SURVEYING IN NORTH CAROLINA,
AND THAT THE R� RECISION
OF SAID SURVA . t� +,
EXISTING BULKHEAD
BRASWELL
15
i
~ E.I.P.
N 8I °56'15"E 213,60'
\ TO E.I.S. (LOT CORNER)
REFERENCE. M.B. 7, PG. 68
8-26-99 Location Survey for:
AMC A.B.
F��Fn Richard D. Braswell
10-/2-ss LOT 15, SECTION I
//_ /o' COUNTRY CLUB POINT
°J' 8; WHITE OAK TWSP., CARTERET COUNTY, N.C.
ss2sl
Alan Bell Surveying, P.A.
604E CEDAR POINT BLVD.
SWANSBORO, N.C. 28584
TELEPHONE: (252)-383-6101
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIERIMOORING PILINGS/BOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to RICHARD D BRASWELL
(Name of Property Owner)
property located at
206 CLUB POINT DRIVE
On ROCKY RUN CREEK
(Waterbody)
(Lot, Block, Road, etc.)
in CAPE CARTERETT
(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. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
•r
I do not wish to waive the setback requirement.
i
,f I tQ wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
SEE ATTACHED DRAWINGS FOR PROJECT NO. 99281 DATED 10-12-99 (REV.)
BY ALAN BELL SURVEYING, P.A.
Signature
u
Print or Type Name
NOV 0.8 1999
Telephone Number
)ASTAL
MANAGEMENT
MOREHE
Date:
91;
n
"4
N
�y
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT ?"
(FOR A PIER/MOORING PILINGS/BOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to R I C H A R D D B R A S W E L L
(Name of Property Owner)
property located at 206 CLUB POINT DRIVE
I
I
(Lot, Block, Road, etc.)
on ROCKY RUN CREEK ,in CAPE CARTERETT ,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. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of:r,parian access unless waived by me.
I do not wish to waive the setback requirement.
L/ I d4 wish to waive that setback requirement.
-----------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
SEE ATTACHED DRAWINGS FOR PROJECT NO. 99281 DATED 10-12-99 (REV.)
BY ALAN BELL SURVEYING, P.A.
Nov 0 81999
UAS-IA, MANAGE`-`7e.`-
C1 �
Signature
Print or Type Name
Telephone Number
Date: /�-
�w4,a
t:.
FROM : ALAN BELL SURVEYING PHONE NO. : 919 393 6101 NOV. 16 1999 03:46PM P2
r y DREDGING LLµ9/T
� 9g9
11 �IC dog f ,`
2.6' 28'
' 1
' 1
i 1
ROCKY RUN CREEK
,
1
m i I (TO BE DREDGED)
.
Vi
1
2.0' 1
Lz' F"X1$77NG PIER / a'
TO BE REMOVED 1
(TO BE DREDGED) i
} I
RUN'GER
14
PROPOSED
BIX.KHEAD
S 56036'00"E
231-99' TO E,LS
(LOT CORNER)
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DREDGING f
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14'
LAYERS: 8;86,80,62,63,64
1, CYRUS ALAN! OaL REGISTERED LAND
SURVEYOR DO HEREBY CERTIFY THAT
I HAW SURVE'l�D THE PROPERTY AS
SHOWN HEREON IN ACCORDANCE W/TH
THE STANDARDS OF PRACTICE FOR
LAND SURVEYINGG I T}f C4RALINA,
AND THAT' Ttl G/S/ON
OF SAID Sul
AN
N 21 003 26 "E 31,00'
---------------
EXISTING BULKHM
BR4SWELL
15
6—z6-99
CAA
PRELIMINARY LOCATION SURVEY
ONL Y; NOT INTENDED FOR
CONVEYANCE OF PROPERTY
2.5'
STRAH�[
I6
SOUNDINGS PROVIDED BY RICHARD
BRASWELL TAKEN AT LOW T)DE.
NOTE: PROPOSED STRAHAI FACILITIES
TO BE CONSTRUCTED SIMUL TANE'OUSL Y
AND CONNECTED TO THIS PIER.
C.LP.
N 81 °56'15"E 213.60'
TO E.I.S. (LOT CORNER)
REFERENCE. M.B. 7. PG. 68
Location Survey tor:
Riehard D. Braswell
LOT 16, SECTION I
COUNTRY CLUB POINT
PgW�allo W IRTE OAK TFSP., CARTE.RET COUNTY, N.C.
Alan Bell Surveying, P.A.
804.E CEDAR .IPOINT BLVD.
SWANSBORO, N.C. 28584
TPJMHONE: (2$2)-899-8101