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HomeMy WebLinkAbout67970D - Phillips % NC Division of Coastal Mgt. Habitat Impact Comp Applicant: flo� IficI(/P Date: 1 Z / 1 � ( 16 Describe bellow the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FIN, (Applied for. (Anticipated final (Applied for. (Anti DISTURB TYPE Disturbance total includes any disturbance. Excludes any Disturbance total includes dish Excl Habitat Name Choose One anticipated restoration any anticipated rest( restoration or and/or temp restoration or teml ternimpacts) impact amount) tem im acts amo 46- (Both Other El' O ( `% Dredge El Fill ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 'ayment Proccessing Confirmation late Received 12/19/2016 heck From (Name) B & B Marine Construction flame of Permit Holder Robert Phillips /endor Wells Fargo Bank ;heck Number 1789 :heck amount $400.00 Aultiple Permits No Ilajor/Minor 'ermit Number/Comments GP 67970D teceipt or Refund/Reallocated IBS/3431D AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: J(0(D 1(i% 1-14 , Mailing Address: Phone Number: Lz - zw-" Email Address: certify that I have authorized l "?L ,, f rl /- - Agent / to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: L 1 at my property located at v 0 in County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: PlInt or Type Name Title ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent to (Name of Property Owner) property located at[oJ (Address, Lot B�Qck, Road, etc.) on L-4��L' C �Pt� , in ��JI Zi 1L \� T-t ,�` ' N.C. (Waterbody) (City/Town and/or County) The applic t has described to me, as shown below, the development proposed at the above loca io 1 have no objection to this proposal. 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) 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. I do not wish to waive the 15' setback requirement. r (Property Owner Informat' n) (Adja n tPrope w er Inf ation) ature /� Signature �k< CAP LJ sL C— Type N 7" r L I -7 P , or Typ , - I_1 R I hereby certify that I own property adjacent to property located at (Name of Property Owner) Z�Z�' (Address, Lot g�Qck, road, etc.) on r r fA�� in tu Y�-h��%� 1�1 N.C. (Waterbody) (City/Town and/or County) The applic t has described to me, as shown below. the development proposed at the above loca io I have no objection to this proposal. 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) WAIVER SECTION 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.) 61 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement (Proper�Owner Informa11It tion) (Adja on Prope Qw er Inf i ation) �e ; �ZsL L—` Pt or�Typ"me ^� December 3, 2016 I*J, C Division of Coastal Management Ito 's% 127 Cardinal Dr. Ext.Wilmington, NC 28405-3845 cc: Robert and Jennifer Phillips Brandon Grimes The purpose of this letter is to express our objection to the proposed development by adjacent property owners Robert and Jennifer Phillips, at 8650 River Road, Wilmington, North Carolina, 28412 for the following reasons: 1. A description or drawing with dimensions was not provided with our notification /waiver form. 2. We believe that while a bulkhead blocks or reflects wave energy it will also block normal sand migration, increasing erosion along the front and sides of the wall. As vertical bulkheads dissipate wave energy, they can direct that energy to adjacent properties and to the base of the bulkhead. We believe that this action will eventually cause erosion and damage to our property. 3. After researching bulkheads, we contacted a Southport, NC resident that installed a bulkhead along his property several years ago. It was his opinion, based upon his personal experience, that in fact we would encounter erosion within several years if our neighbor installed a bulkhead. He said it was like a "domino effect". 4. Since sand is a natural habitat for several species of fish to lay their eggs and is the only surface in which eelgrass can take root, these natural processes can no longer take place in this now sand -stripped location. This new sand -stripped habitat also encourages other species, such as kelp, to move in. The form we received from B & B Marine Construction, 'Adjacent Riparian Owner Statement, was not the correct form. Rather, we should have received 'Certified Mail — Adjacent Riparian Property owner Notification/Waiver Form' since we were notified by certified mail. Therefore, we are signing both forms so there is no misunderstanding regarding our reply. Respectfully submitted, 4�=d Lacer ^ ne L"�rlisp'L cy, ocable T& PAT MCCRORY DONALD R. VAN DER VAART N"" reaury 1Management BRAXTON DAVIS IMENTAL QUALITY Uir"a"r December 19, 2016 Richard Lacy and Janet Crisp -Lacy 8660 River Road Wilmington, NC 28442 Dear Mr. and Mrs. Lacy: This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on December 5, 2016, regarding your concerns about the proposed development by Robert and Jennifer Phillips, at property located at 8650 River Road, in Wilmington, NC. The project consists of the construction of a shoreline protection structure (i.e. bulkhead). The project has been determined to comply with the Rules of the Coastal Resources Commission (07H .1100) — General Permit for Construction of Bulkheads and Riprap Revetments for Shoreline Protection in Estuarine and Public Trust Waters and Ocean Hazard Areas, and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as, the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7221, if you have any questions, or if I can provide any additional information. Respectfully yours, f Brooks Surgan Field Representative CAMA T PARTY DCM FORM 5 HEARING REQUEST FORM DCM PILE No: PETITIONER'S NAME COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or agile [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .1101 PURPOSE A permit under this Section shall allow the construction of bulkheads and riprap revetments for shoreline protection in the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J .1100 and according to the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront 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 adjoining Ocean Erodible Area. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 198.4; Amended Ef . July 1, 2009; April 1, 2003. 15A NCAC 07H .1102 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 the applicant's name and address. (b) The applicant shall 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. The notice -shall instruct adjacent property owners to provide written comments on the proposed development to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response shall be interpreted as no objection. The Division of Coastal Management 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 the Division of Coastal Management determines that the project exceeds the guidelines established by the General Permit Process, DCM shall notify the applicant that an application for a major development permit shall be required. (c) No work shall begin until an oa-site meeting is held with the applicant and a Division of Coastal Management representative so that the proposed alignment may be marked. Written authorization to proceed with the proposed development shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter. Construction of the bulkhead or riprap revetment shall be completed within 120 days of the issuance of the general authorization or the authorization shall expire and it shall be necessary to re-examine the alignment to determine if the general authorization may be reissued. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Ef. July 1, 2009, October 1, 2007; September 1, 2006; January 1, 1990; December 1, 1987. (i) No excavation, grading or fill shall be permitted except for that which may be- required for the construction of the bulkhead or riprap revetment. This permit shall not authorize any excavation waterward of the approved alignment. (j) Runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do no enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). (k) If one contiguous acre or more of property's to be excavated or filled, an erosion and sedimentation control plan shall be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having jurisdiction. This plan shall be approved prior to commencing the land -disturbing activity. (1) For the purposes of these Rules, the Atlantic Intracoastal Waterway (AID is considered a natural shoreline. (m) Construction authorized by this general permit shall be limited to a maximum shoreline length of 500 feet. 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. July 1, 2009; April 1, 2005; December 1, 1991; January 1, 1989; December 1, 1987.