HomeMy WebLinkAbout07-02_Town of Morehead City c/o McCabe, David_20020328DCM — MHD ,
# Local Government 07-02Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment
and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
c/o MR. DAVID General Statutes, "Coastal Area Management."
Issued to TOWN OF MOREHEAD CITY MCCABE authorizing development in COASTAL SHORELINE AEC
at US 70, ADJACENT TO PELETIER CREEK IN THE AREA OF
CORAL BAY
as requested in the permittee's application, dated 03-12-02
This permit, issued on 03-28-02 is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes a concrete sidewalk and drip through boardwalk within the Coastal
Shoreline AEC, contingent upon the following conditions:
1. The +/- 160' of structure to be located within 30' of the NHW contour of Peletier Creek must be
drip through in design.
2. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as originally submitted on March 12, 2002.
3. All construction must conform to the North Carolina Building Code requirements and all other
Local, State, and Federal regulations.
4. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
* See page 2 for additional conditions. *
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit m,.st cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2005
In issuing this permit it is agreed that this project is consistent
with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Division of Coastal Management.
Local Permit Officer (signature)
TERE BARRETT, COASTAL MANAGEMENT REP.
NU 1J1v151UN OF COASTAL MANAGEMENT name
HESTRON PLAZA II, 151—B HWY 24
MOREHEAD CITY, NC 28557
TELEPHONE: (252) 808-2808 address
Permittee
(signature required ifs ecial conditions above apply to permit)
Page 2 of 2
Morehead City, Town of
Permit # 07-02
5. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales, or
burlap must be installed between the land -disturbing activity and the adjacent marsh or water areas,
until such time as the area has been properly stabilized with a vegetated cover.
6. Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or
otherwise disposed or to a third -party.
APPLICATION FOR
CAMA
MINOR
DEVELOPMENT
z Loot PERMIT
n" In 1974, the North Carolina General Assembly passed
the Coastal Area Management Act and set the stage for
guiding development in the fragile and productive areas
which border the state's sounds and oceanfront. Along
with requiring special care by those who build and
develop, the General Assembly directed the Coastal
Resources Commission (CRC) to implement clear regula-
tions which minimize the burden on the applicant.
This application for a minor development permit under
CAMA is part of the Commission's effort to meet the
spirit and intent of the General Assembly. It has been
designed to be straightforward and require no more
time or effort necessary from the applicant. Please go
over this folder with the Local Permit Officer (LPO) for
the locality in which you plan to build to be certain that
you understand what information he or she needs.
Under CAMA regulations, the minor permit is to be
issued within 25 days once a complete application is in
hand. Often less time is needed if the project is simple.
The process generally takes about 18 days. You can
speed the approval process by making certain that your
application is complete and signed, that your drawing
meets the specifications given inside and that your
application fee is attached.'
Other permits are sometimes required for development
in the coastal area. While these are not CAMA-related,
we urge you to check with the Local Permit Officer to
determine which of these you may need. A listing is
included on page 2 of this folder.
We appreciate your cooperation with the North
Carolina Coastal Management Program and your
willingness to build in a way which protects the
resources of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management
Locality Permit Number
r,.1AR 1 2 2002
GENERAL INFORMATION
LAND OWNER
Namey(/ O�TCI .o�zo�.✓iz ��t��T. G�� !/?'�..�rpojj.T.z�7i,,n/
Address ad 5' �✓-� �-' �ur?,✓.. a �c�
City %ye-c-i
State IV e Zip Z 9 56, D Phone 5-1 y, t�7/
AUTHORIZED AGENT
Name c / .113-v1 D /1-1 q c / o c-✓7y e) r—
Address iD 0, X/Z Alt
City 70� ��' �� C� ?y State Al C' Zip 2 SS 7 Phone 7Z (, • 6, 6) t
LOCATION OF PROJECT ,z4w �Z -7o bv/ F -711 C'.z
(If not oceanfront, is waterbody natural or manmade?)
Sl/e i' i2a L_
DESCRIPTION OF PROJECT
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline ORW Shoreline Other
PROPOSED USE
Residential Commercial/Industrial Other
SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR
BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline) .�5-gO
�l1aS-� c r
SQUARE FOOTAGE OF TOTAL FLOOR AREA OF B.III-LDING
SQUARE FOOTAGE OF SITE
OTHER PERMITS MAY BE REQUIRED:
The activity you are planning may require
permits other than the CAMA minor
development permit. As a service we have
compiled a listing of the kinds of permits that
might be required. We suggest you check
over the list with your LPO to determine if
any of these apply to your project.
Zoning, Drinking Water Well, Septic Tank
(or other sanitary waste treatment system),
Burning, Electrical, Plumbing, Heating and
Air Conditioning, Insulation and Energy
Conservation, FIA Certification, Sand Dune,
Sediment Control, Subdivision Approval,
Mobile Home Park Approval, Highway
Connection, and others.
DIVISION OF COASTAL MANAGEMENT
9
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NCDENR
NomH CARouN" Do -AR HQlf of
EwRoNworr IWo NaURwI RG90uRczs
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: (252) 808-2808
FAX: (252) 247-3330
OFFICE: DIAL AI�y�,2T/si„/ ScG�of
TELEPHONE #: f ] FAX #: f 1 - 14
FROM:
OFFICE: DIVISION OF ('OA'TAi [�iANA 7�=�iFNT
RE:
4200 /SSCi� o F (' ET �t/EWS i iMFS
DATE SENT:
TOTAL NUMBER OF PAGES IN W T C V R SHEET: �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
March 13, 2002
Carteret News - Times
Legal Advertisement Section
P.O. Box 1679
Morehead City, NC 28557
Re:Public Notice — NC Department of Transportation
Dear Sir:
Please publish the attached Notice in the March 15, 2002, issue of the Carteret News - Times.
The State Office of Budget and Management requires an original Affidavit of Publication before
payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jaye Poole, NC Division of Coastal
Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone
(919) 733-2293.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Morehead City office (252) 808-2808.
Sincerely,
Tere Barrett
Coastal management Representative
TB/srk
Enclosure
cc:M. Ted Tyndall - District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet www. nccoastalmanagement net
An Equal Opportunity 1 Affumative Action Employer - 50% Recycled 110% Post Consumer Paper
NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT PERMIT
Notice is hereby given that NC Department of Transportation has applied to the Department
of Environment and Natural Resources for a Minor Development permit. The applicant is requesting
to construct a wooden boardwalk adjacent to the Peletier Creek in the town of Morehead City,
Carteret County, North Carolina.
Persons desiring to inspect the application, or to comment thereon, are directed to contact
Tere Barrett, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II, Morehead
City, NC, Telephone (252) 808-2808, no later than April 1, 2002. Comments received before that
date will be considered in making the permit decision. Later comments will be accepted and
considered up to the time of permit decision. Project modifications may occur based on further
review and comments. Notice of the permit decision in this matter will be provided upon written
request.
PLEASE PUBLISH ON: March 15, 2002
P. 01
TRANSACTION REPORT
�c MAR-13-2002 WED 01:38 PM
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
MAR-13 01:37 PM 97266016 48" 3 SEND OK 790
ROUTE Hwy. 70 PROJECTContract 24 COUNTY OF
STATE OF NORTH CAROLINA
Carteret
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
FOR NON -UTILITY ENCROACHEMNTS ON
-AND-' 2 Z002 PRIMARY AND SECONDARY HIGHWAYS
Town of Morehead City
P.O. Drawer M
Morehead City, NC 28557
THIS AGREEMENT, made and entered into this thel2th day of Februal9y , , Sp9Rd between the
Department of Transportation, party of the first part; and party of the.second part,
Town of Morehead City
WITNESSETH
THAT WHERAS, the party of the second part desires to encroach on the right of way of the public road
designated as Route hwy • ?%cated with the following: 5 r tt CUP
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the
encroachment with in the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and
special provisions which are made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper
maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
and structures necessary due to the installation and existence of the facilities of the party of tiro second part, and if at any time
the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party bf the
second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs,
signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform
Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules
and regulations may be obtained from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages
and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
damage that may be caused to such facilities, within (lie highway rights of way limits, in carrying out its construction and
maintenance operations.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction
of the Division gngineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes,
reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance Willi
applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation
Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating
to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing
ground cover, the party,of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to
meet the satisfaction of.the Division Engineer of the party of the first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of
this agreement showing evidence of approval by tiie party of the first part. The party of the first part reserves the right to stop
all work unless evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the
second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has
been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway
projects under construction will not be required.
That in the case of noncompliance with the terms of this agreement by the party. of the second part, the party of the first part
reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost
to the party of the first part. ,
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein
is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by
the party of the second part from the party of the first part.
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year first above written.
ATTEST OR WITNESS:
DEPARTMENT OF TRA SPORTATION
BY: I G • 4i . ,OL.
Asst. Manager of Right of Way
Town of Morehead City
P.O. Drawer M
Morehead City., NC 28557
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and
be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate
seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of
the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the
agreement should be typed directly below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The
address should be included in this agreement and the names of all persons signing the agreement
should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the
following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the proposed encroachment.
4. Length and type of encroachment.
5. Location by highway survey station number. If station number cannot be obtained,
location should be shown by distance from some identifiable point, such as a bridge, road,
intersection, etc. (To assist in preparation of the encroachment plan, the Department's
roadvday plans -may be seen at the various Highway Division Offices, or at the Raleigh
office.)
6. Drainage structures or bridges if affected by encroachment.
7. Typical section indicating the pavement design and width, and the slopes, widths and
details for either a curb and gutter or a shoulder and ditch section, whichever is applicable.
8. Horizontal alignment indicating general curve data, where applicable.
9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where
applicable.
10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable.
11. Cross -sections of all grading operations, indicating slope ratio and reference by station
where applicable.
12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure
details and other related information.
13. Erosion and sediment control.
14. :Any special provisions or specifications as to the performance of the work or the method
of construction that may be required by the Department'must be shown on a separate
sheet attached to encroachment agreement provided that such information cannot be
shown on plans or drawings.
15. The Department's Division Engineer should be given notice by the applicant prior to actual
starting of installation included in this agreement.
16. Method of handling traffic during construction where applicable.
17. Scale of plans, north arrow, etc.
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2 2002
STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in
an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development
permit, certify that the person listed as landowner on this application has a significant interest in the real
property .described therein. This interest can be described as: (check one)
an owner or record title, Title is vested in , see Deed Book ,
page in the County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
V--lf other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
application.
$..4-c i] 77;o t is ,e-
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) /�AySi1).i GYIu L2 — -Ti 17 i
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and floodproofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to
the locality, and any information as may be provided orally by the applicant. The details of the application as
described by these sources are incorporated without reference in any permit which may be issued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AEC without a per-
mit is subject to civil, criminal and administrative action.
This the 11 day of M.4 a C_A �
tan -To -wrier or p rsuthorized to act as his agent
for purposes off niii g a CAMA permit application.
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SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor develop-
ment permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you,
if requested.
PHYSICAL DIMENSIONS
label roads
label highways right of ways
label local setback lines
label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
draw and label mean high water mark
draw location of on -site wastewater system
If you will be working in the ocean hazard area:
draw and label dune ridges (note height)
draw and label toe of dune
identify and locate first line of stable vegetation
draw and label setback line under CAMA
draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
draw and label landward limit of AEC
describe terrain (slope)
DEVELOPMENT PLANS
draw and label areas that will be disturbed
if a house is to be placed on lot, describe location of house
note size of piling and depth to be placed in ground
draw and label all areas to be paved or graveled
describe composition of surface
note and list fully all trees and vegetation to be removed or relocated
show landscaping
NOTE TO APPLICANT
Have you:
*completed all blanks and/or indicated if not applicable?
*notified and listed adjacent property owners?
*included your site drawing?
*signed both application and statement of ownership?
*enclosed the $50.00 fee?
*completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted Denied Appeal Deadline (20 days)