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HomeMy WebLinkAbout74139_Robert & Cindy Fuller_20200110 YCAMA / DREDGE & FILL IY 05001 1-) No. 7413926, /o) C D • GENERAL PERMIT Previous permit# Oki �/ >G . New Modification Complete Reissue Partial Reissue Date previous permit issued Nh • As authorized by the State of North Carolina, Department of Environmental Quality i and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 71-) , Z c9c9 0 C Rules attached. Applicant Name_ Kof f,j 1 C II./Dy f"C IALLI: 1/ Project Location: County rnpl Lli o CVNA/11 Address it) 0 V E►2 t v IC Street Address/State Road/ Lot #(s) /0 O l/(12C.O 0/' - City q\AFA1IOE State/41— ZIP 18521 C r t, Phone# (p Q 1I 1 ) 406 't 37 !E-Mail Subdivision -7 K- OA c- Authorized Agent "!I City ARA PA PO r ZIP 2 D 5.;9 CW 4EW ''TA DES ❑PTS Phone # ( ) River Basin wry 5L. Affected OEA ❑HHF ❑IH ❑UBA ❑N/A p AEC(s): Adj.Wtr. Body p f-A, ] CI?�C IC, dip man /unkn) PWS: 1 no Closest Maj.Wtr. Body NE U sr j 'I i f 0 RW: yes 0 PNA yes Type of Project/Activity Au 1.140 R I r Cp l 3 Ax 13/ o rA o tl,:R(1) 13o A I Z1,C'r- N f I .Sca e• 0. ( 1 .3 ) Pier(dock)length . Fixed Platform(s) __ — -1 • i • Floating Platform(s) — fg A gl) Finger pier(s) "•r 1 . 1iI�'Groin length — I (1) • j C number - f V _ Bulkhead!Riprap length ..1 i. avg distance offshore 1 max distance offshore i r.. Basin,channel '•' j I �.� r1 j cubic yards " Ii I ATt11" Boat ramp ' I / Boathouse Boadift )3 7�(3 - i I Beach Bulldozing_- _ TT Other "- i . l Shoreline Leny . _ S~? Hik `SAV: yes no -� rlfi p ` .d/.>- -" -T k____ Moratorium: n/a yes ! � � ' �� Photos: yes es 4_ I row Lu of a la S � ) Waiver Attached: yes 1 �- 1 17," . ` . . 7 A building permit may be required by: 1'AM(-J(O Cot n)11 . E See note on back regarding River Basin rules. ( Note Local Planning Jurisdiction)Notes/Special Conditions Sr ( 6711.200o r O €11rA I J co/JP/noN 5 F ' i' t ( t) /� CJ )I�\J l i- I Mel— Agent or Applican(Printed Name Permit Of r' anted N e .Jt--CYI.1 Signature "Please read-compliance statement on back of permit*" Signature I Zco•ao 812 b lb 1APJ to Z o it' APO. zvz 0 Application Fee(s) Check# Issuing Date Expiration Date 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 I)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,certify that 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: 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 Resources. Contact the Division of Water Resources 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 Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-6481 Fax: 252-247-3330 Fax: 252-948-0478 (Serves:Carteret,Craven,Onslow- (Serves: Beaufort, Bertie, Hertford, Hyde, North of New River Inlet-and Pamlico Tyrrell and Washington Counties) Counties) Elizabeth City District Wilmington District 401 S. Griffin St. 127 Cardinal Drive Ext. Ste. 300 Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 Fax: 252-264-3723 (Serves: Brunswick, New Hanover, (Serves:Camden,Chowan,Currituck, Onslow-South of New River Inlet- Dare,Gates,Pasquotank and Perquimans and Pender Counties) Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 ROY COOPER Governor N MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Coastal Management ENVIRONMENTAL QUALITY 10 January 2020 Mr.and Mrs. Simmons 16180 Lakeshore Drive Wagram,NC 28396 RE: Robert and Cindy Fuller 10 Overlook Ct Arapahoe,NC 28259 Boatlift General Permit Dear Mr. and Mrs. Simmons: The Division of Coastal Management has reviewed your 29 December 2019 correspondence objecting to the above referenced project. The boatlift as proposed is consistent with North Carolina Administrative Code 07H.2000. (See Attached) The project as proposed is consistent with the appropriate rules and regulations of this Division. Therefore, on 10 January 2020, Kevin Hart of my staff issued CAMA General Permit No. 74139B for the aforementioned boatlift located at 10 Overlook Court,Arapahoe,NC 28529 (See Attached). If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environmental Quality within 20 days of the permit decision. I have enclosed a copy of the permit, applicable rules and the third party appeal form. If you have any questions regarding this matter, please do not hesitate to contact me at (252)-946-6481. Since ly, • KEfS ive r Y District Manager Division of Coastal Management Washington Regional Office Enclosures Nothing Compares State of North Carolina i Environmental Quality E Coastal Management Washington Office•'. 943 Washington Square Mall I Washington.North Carolina 27889 252 946 6481 r • SECTION.2000-GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H.2001 PURPOSE A permit under this Section shall allow for reconfiguration,minor modifications,repair and improvements to existing pier and mooring facilities in estuarine waters and public trust areas according to the authority provided in Subchapter 07J.1100 of this Chapter and according to the rules in this Section. This permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy,and lower erosion rates than the adjacent Ocean Erodible Area. History Note: Authority G.S. 113A-107; 113A-118.1; Eff October 1, 1993; Amended Eff April 1,2003. 15A NCAC 07H.2002 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. The applicant shall provide information on site location, dimensions of the project area,and his/her name and address. (b) The applicant shall provide: (1) a dated plat(s)showing existing development and the proposed development;and (2) confirmation that: (A) a written statement has been obtained and signed by the adjacent riparian property owners indicating that they have no objections to the proposed work;or (B) the adjacent property owners have been notified by certified mail of the proposed work. The 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 ten days of receipt of the notice,and, indicate that no response will be interpreted as no objection. (c) DCM staff shall review all comments. If DCM determines that the comments are relevant to the potential impacts of the proposed project and the permitting issues raised by the comments are worthy of more detailed review,DCM shall notify the applicant that heJshe must submit an application for a major development permit. (d) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed within 120 days of permit issuance or the general authorization expires and a new permit shall be required to begin or continue construction. History Note: Authority G.S. 113A-107; 113A-118.1; Eff January I, 1994; Amended Eff August 1, 2007. 07H.2003 PERMIT FEE The applicant shall pay a permit fee of two hundred dollars(S200.00)by check or money order payable to the Department. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119.1; Eff October 1, 1993; Amended Eff September 1, 2006;August 1,2000. 15A NCAC 07H.2004 GENERAL CONDITIONS (a) Structures authorized by this permit shall conform to the standards herein. (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 or mooring pilings. (d) This permit will not be applicable to proposed construction where the Department has determined,based on an initial review of the application, that notice and review pursuant to G.S. 113A-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. (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 rules,and local land use plans current at the time of authorization. (g) This general permit will not be applicable where the Department determines that the proposed modification will result in closure of waters to shellfishing under rules adopted by the Commission for Health Services. History Note: Authority G.S. 113A-107; 1I3A-118.1; Eff.January 1, 1994; Amended Eff.August 1,1998. 15A NCAC 0711.2005 SPECIFIC CONDITIONS (a) All proposed work must be carried out within the existing footprint of the development with no increase in the number of slips nor any change in the existing use. "Existing footprint"is defined as the area delineated by the outer most line of tie pilings,ends of piers,and upland basin or area within an enclosing breakwater,whichever is greater. (b) Modifications to piers and mooring facilities 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(s)or piling(s)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(s)or piling(s)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. 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 a line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. 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. History Note: Authority G.S. 113A-107; 113A-118.1; Eff October 1, 1993. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to R66A 1 heir is (Name of Property Owner) located at_ I C `�U ei ock C.� Ut+/ Aria 1( 11) C property -.- t,Block,Road,etc.) on t5 CP CA-Zak k ,in p, a, C_D ,N.C. (Waterbody) (Town and/or County) .(_ Applicant's phone#: q[g`�6--(03 7l Mailing Address: i 0 c)l � court S. Crwrl j g52 He has described to me,as shown below,the development he is proposing at that location,and,I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by property owner proposing development) F3topo c (0 O01b Ca70 ty 10 boa_4_1; wn 412e.46,,,_.‘1112_1f- Jus f - cro55 flock RECEIVED JAN 03 2020 lt�}- DCM-WARO (Information for Property Owner Applying (Riparian Property Owner Information) for Permit) Mailing Address Signature rrrn-Ek Sri 1 n0- 21524 City/State/Zip Print or Type Name 9i q — to - 6371 Te • • I • +e Number Telephone Number . el 2-6* S__. te Date ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to RAripAl-- 4,44, ru I Ievs 's (Name of Propelity Owner) property located at I O Cb U V kook_ coot` ArA D r j 1 C -- (Lot,Block,Road,etc.) on 6.0.40.4 , in PA-eY) I i Cc7 ,N.C. (Waterbody) (Town and/or County) 6-6371Mailing Address: i a OV Cour+ Applicant's phone#: Ql q` Gr►4etfS borne ✓)C.- He has described to me,as shown below,the development he is proposing at that location,and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by property owner proposing development) 052. scP r4 '\ et_ (0 0 OO ) C� boA+Ii wrt 472,ult0d1 f 749 1'1'2' G1oc J uS+ f _t&, C ro S5 e0c e (Information for Property Owner Applying (Riparian Property Owner Information) for Permit) 1 MailingAddress cf Signature City/State/Zip Pr or Type Name q ► � - 37/ sz -aye— � ��� Te a Number Telephone Number 6‘...011 -We- 12- J 5 I S ate Date Date r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3. A. Signature IIPrint your name and address on the reverse X /f ❑Agent so that we can return the card to you. A . - '11 i/` 1 ❑Addressee III this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes 194— D y- If YES,enter delivery address below: ❑ No V)?,1-c-fie I( g/ tY1 mofLs I & / ? o L J S/ DG- CC-9 r-:'‘4--W n / Z �J3yC 3. Service Type ❑Priority Mail Express® I II I I III 1111111 I I II 1111111 o Adult Signature 0 Registered Mail'" ❑Adult Signature Restricted Delivery 0 Registered Mail Restrictec _ 'fled Mail® Delivery 9590 9402 4546 8278 8717 90 0 Certified Mail Restricted Delivery O Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation'" it 0 Signature Confirmation 7 019 2280 0000 0 417 7383 it Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt II'I��11��11'4'!f!'II11l111111I1'I'IIIII(I+IIII' I1l111IIiI�II(I 3(Trac-7 o e/ Qg ao!M0S ICTsod .xoq s!qi u!,4+dIZ pue'ssawppe 'aweu mnoA;upd asea!d:Japuas . sems pai!un 06 L'IL9 92,29 91151-1 20h6 0656 06-J.ON}!uued SdSfl 1111 Pled seed' a6easod I!eV SSeI3-1sJ!d 1111140INILI SdSfl ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue,Governor James H. Gregson, Director Dee Freeman,Secretary Date ( Z 1 S f l Name of Property YOwner Applying for Permit: FC).6-,2A FL.) Mailing Address: /0 ntitA)ask Cipu/4 5-- GA04/. .69-r‹D n ,g -z_v P1es 1 to actonI certify that I have authorized (agent) 1 �/r� � my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct(activity) Q4-1 1/ 7� at(my property located at) / C U c x f, 62 /-r /1 ,. is This certification is valid thru (date) L21, 'p Property Owner Signature Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper North Carolina Department of Environmental Quality Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Mitchell O. Simmons Sara C. Simmons 16180 Lakeshore Drive Wagram,NC 28396 December 29, 2019 Dear Sir or Madam, We received the attached form from a property owner of a property adjacent to ours in The Oaks at Beard Creek subdivision in Pamlico County. The form we received seems to be an invalid one, since there is no such form on the DNR website (https://deq.nc.gov/about/divisions/coastal- management/coastal-management-permits/adjacent-riparian-property). The form we received from the property owners did not include a space to record our objection. Please accept this letter as our written objection to the proposed project. We believe that there will be significant adverse effect on the value and enjoyment of our property as riparian owners because the proposed project will detract from the view of the water from our property. The location of our adjacent property is: Lots 21 5 Overlook Court West The Oaks at Beard Creek Subdivision Pamlico County Arapahoe,NC Sincerely, 't e O. Simmons Sara,C. immons RECEIVED ja-Q e. tefe:„ i y .) iAN 03 2020 DCM-WARO ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Robert & Candy Fuller ,s (Name of Property Owner) property located at 10 Overlook Court, Arapahoe, NC (Address, Lot, Block, Road, etc.) on Beard Creek , in Pamlico County , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. X I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See attached proposal RECEIVED JAN 0 3 2020 DCM-WARO WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. X I do not wish to waive the 15' setback requirement. (Property Owner Information) (Ad' a Pro Owner Information) Signature ig tit Mitchell & Sara Simmons Print or Type Name Print or Type Name 16180 Lakeshore Drive Mailing Address Mailing Address 28396 Wagram, City/State/Zip City/State/Zip 910-280-5510 Telephone Number/email address Telephone Number/email address 12/30/2019 Date Date* (Revised Aug. 2014) *Valid for one calendar year after signature* Applicant: ROODZ C I N P y r ULC Date: /D TA Ai 202(7 General Permit#: 7_9/3 ,_ Describe below the HABITAT disturbances for the application. All values should match the name,and units of measurement found in your Habitat code sheet I TOTAL Sq. Ft FINAL Sq.Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) O Pr.J i)A r Dredge❑ Fill 0 Both 0 Other 0 I� 7F' 2 It 9 F I Z Dredge❑ FiN❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other 0 Dredge❑ Fill 0 Both 0 Other 0 Dredge❑ Fill❑ Both ❑ Other 0 Dredge❑ Fill❑ Both ❑ Other 0 Dredge❑ Fill❑ Both 0 Other ❑ Dredge❑ FA❑ Both ❑ Other 0 Dredge❑ Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both ❑ Other ❑ Dredge❑ Fill❑ Both 0 Other 0 Dredge 0 FiN❑ Both 0 Other 0 Dredge❑ Fill❑ Both ❑ Other ❑ Dredge 0 Fill 0 Both 0 Other ❑