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Home My WebLink About59272D - Phelps;AMA / DREDGE & FILL M/ I��4 ENERAL PERMIT u Previous permit # New __ Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued )rized by the State of North Carolina, Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 Rules attached. it Name 41 j A:AA L , ?1� 5 Project Location: County �k �_ t ice! SVV 1 N1� �`. _ Street Address/ State Road/ Lot #(s) flit/ (j _ State L,A4 , ZIP 1t. tf J . V/�C. l l i 1�1t Fax # ( ) Subdivision red Agent City_;:/tL G 1SL ZIP C d - CW _ EW PTA DES _ PTS Phone # ( ) River Basin C./4 ❑OEA ❑ HHF IH ❑ UBA ❑ N/A Adj. Wtr. Body 4 1 kraft P W^S: ElFC: yes / o l PNA /` / no Crit.Hab. yes / no Closest Maj. Wtr. Body I VU f Project/ Activity I K„; Z- I�� Lk T� .� r� j f L (Scale: x/00 ,ck) length I 10 length number ead/ Riprap length avg distance offshore nax distance offshore channel :ubic yards amp — ouse/ Boatlift% Bulldozing ❑ See note on back regarding River Basin ---A---- _ - _^J1 �/� A / )licant: Permit #: 77 e: S �IZ72 4/z:z/�3 scribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement nd in your Habitat code sheet. itat Name TOTAL Sq. Ft. (Applied for. DISTURB TYPE Disturbance total Choose One includes any anticipated restoration or ternimpacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet FINAL Feet (Applied for. (Anticipated final Disturbance disturbance. total includes Excludes any any anticipated restoration and/or restoration or temp impact temp impacts) amount) w Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both El Other [IDredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 4400Xi(� It�XtF -1 411 � imp - - 4,1 afc- se+- IDf �i LI O } i a x i z 6oaH;-P+ I hereby certify that I own property adjacent to property located at 21 ,L `I r (' h f (Address, on �� , in. (Waterbody) =027.90: J1 + II'm etc.) own and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. 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, breakwater, boathouse, lift, or groin must be set back minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to wai% the setback, you must initial°`the appropriate blank below.) /4do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (property Owper Information) � IZ Sign tun rint or Type Name (Adjacent Property Owner Information) Stgnat re. —L 1 �a Pn t or Type Name ■ �_:r:..... AAA- )13_60000 - Slc)aive https://skydrive.live.com/?cid=5691 cfdd9cf8e743&id=569 ] Play slide show Download View original Sharing View folder • CorpNt. brM t. Y. M D wbo cmiP'ste Nm . tl n+NlcLd OWMV b 06.1.0. • Ptxrt YP� Nlrls!lU+aO.+. an T. T:ssx q WtYarnfbaln tlf. rwdm V. • tir�tl+ta Pra m Cu b.v. W !f» nidcrw a an 7e ParR Y apa Pw+±Yb. 't2t6 Stcbc (i�tar A� H Pwre.O CYfFMl.O." iG tz 9-rer..v.afrbtwxa e.w tT, Opp Sign h Info 422013 1of1 People tags Sign in to tag someone jwtLrBr�b(oN M1't hVil sen+unn '"" Sharing o� 011A.n4L+�4MIrdYPla o..,..4.. ova '°08 133C C002 138` 2281 Information PS F— 3811. F.Wm 2W4 Dw ..R P.ern Neewal +mY.lgrna.p Type JPG Image Dimensions . 1228 x 1600 Modified 2 days ago WILLIAM PHELPS Added 2 days ago WILLIAM PHELPS Path WILLIAM PHELPS's SkyDrive Info 422013 CCE04022013 OOOOOjpg Name CCE04022013 00000 Size 155 KB ts, Heather Deaton, Anne Thursday, April 04, 2013 2:16 PM Coats, Heather Baker, Jessi E :ct: RE: 706 E. Yacht here weren't so many docks all around, I would say viewing platform since no water at But given the surroundings, and proximity to ICW, sandy bottom, large tide range, I d like to see no floating dock and physical stops under the lift. OK? -Original Message ----- : Coats, Heather Wednesday, April 03, 2013 4:42 PM Deaton, Anne ect: 706 E. Yacht nne, I another one I've received. On this one, however, the low water line today was locat he outer edge of the adjacent docks (which as you can see, encroach into the federal nel setback- depicted by the red line). So the new structure would have to be entirely ted outside of the setback (and in no water). So.. can you please give me your rmination regarding a 16' x 8'm floating dock and 12'x 12' boat lift at this site (see ched plan)? n, let me know if you have any questions! ks! her 5005751155 ISSUING BRANCP('Q'6':F''07 -I�JL-MINGTON - 00DEN DATE OPIR I 1 '22. 68-236/514 $ :#.* $201.3-00 APII a 11, ''OOLLARS AUT Rl#lGNATuREIYN 0 cl 1� K wil DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTEMoxoP: November 1, 2013 Navigation Branch Mr. William Phelps 706 E Yacht Drive Oak Island, North Carolina 28465 Dear Mr. Phelps; This correspondence is in regard to the construction activities undertaken at your property, 706 E Yacht Drive on Oak Island, Brunswick County, North Carolina, specifically the installation of a boatlift and a 6 ft by 45 ft pier with an additional 10 ft by 17 ft deck platform within the Atlantic Intracoastal Waterway (AIWW). On October 9, 2013, Mr. Todd Horton of the U.S. Army Corps of Engineers, Wilmington District, Navigation Branch, and Mr. David Timpy and Ms. Sarah Hair of the Corps Wilmington Regulatory Field Office, conducted a site inspection at your property with -you of the new docking facilities. During this visit, the Corps confirmed that the recently constructed structures described above encroached within the Federal Navigation Channel Setback of the Atlantic Intracoastal Waterway (AIWW). As discussed with you, the docking facility and boatlift are inconsistent with the Wilmington District Commanders Policy Memorandum Number 5 (Setbacks Along Federally Authorized Waterways). The structure was built longer than authorized by the CAMA General Permit issued by the North Carolina Department of Environment and Natural Resources (NCDENR). The Corps Navigation Branch requires modification of the structure and boatlift no later than December 3, 2013 to bring them in compliance with your CAMA issued permit and to ensure no longer encroach into the federal channel setback limit. Thank you for your time and cooperation. If you have any further questions, please do not hesitate to contact myself at (910) 2514822, or Todd Horton, Chief of Waterways Management, at (910) 251-4067. Sincerely, -2- 1. Remove that portion of the structure that extends approximately 10' into the AIWW setback and bring the structure into compliance with the GP #59272 issued on April 22, 2013, or 2. Submit an after the fact (ATF) permit application for the current structure, or any configuration which deviates from the State's GP and encroaches within the setback. Please note, that the current structure will require review as an ATF individual permit requiring distribution of a public notice, as well an evaluation of the project against the public interest factors, and consideration of alternatives. It must be emphasized that the final outcome of the ATF review may be permit denial and a request that the unauthorized structure be removed to comply with the conditions of the GP authorization and the setback policy. Failure to comply with the Corps' directive to remove the unauthorized structures may result in referral to the United States Attorney with a recommendation for civil prosecution. Your compliance with options # 1 outlined above would serve to address concerns related to both the setback and compliance. In consideration of the above, we ask that you please advise this office of your intentions to comply with the terms outlined in this letter within 30 days of receipt of this letter. Thank you for your time and cooperation. We look forward to resolving this matter. Should you have questions, please contact Ms. Elizabeth Hair, Enforcement Coordinator, at (910) 251- 4049, or Mr. Dale Beter at (910) 251-4631. Sincerely, Steven A. Baker Colonel, U. S. Army District Commander Enclosure Copies Furnished (w/o enclosure): RECE DCM WILMI DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 3, 2014 Regulatory Division Action ID No. SAW-2013-01860 Mr. William Phelps 706 East Yacht Drive Oak Island, North Carolina 28465 Dear Mr. Phelps: CPS 6Ta7o1-/ Please reference our November 19, 2013 letter to you regarding an unauthorized activity at your property located on 706 East Yacht Drive in Oak Island, Brunswick County, North Carolina. The letter addressed the construction of a pier, platform and boat lift within the Corps federal navigation channel setback, which is not in compliance with the Commander's Policy on Setbacks Along Federally Authorized Channels (Commander's Setback Policy), or the terms and conditions of GP# SAW-1978-0005.6, and is in violation of Section 10 of the Rivers and Harbors Act (33 U.S.0 403). On January 23, 2014, Ms Emily Hughes with the Corps of Engineers Regulatory Division visited the site to inspect the re -construction of the docking facility. Based on the site visit, it was observed that all pilings have been removed from the Corps federal navigation channel setback. Based on this site visit and correspondence from our Navigation Section stating that the structure is in compliance with the Commander's Setback Policy and the terms and conditions of GP# SAW-1978-00056 (attached), the Corps will take no further action for this particular matter. Please be aware that any further unauthorized work in navigable waters of the United States may result in an immediate referral to the U.S. Attorney with a recommendation for civil prosecution. DGnrn irr. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 3, 2014 Regulatory Division Action ID. SAW-2013-01860 Mr. William Phelps 5400 Highway 421 N Wilmington, North Carolina 28401 Dear Mr. Phelps: Please reference our November 19, 2013 letter to you regarding an unauthorized activity at your property located on 706 East Yacht Drive in Oak Island, Brunswick County, North Carolina. The letter addressed the construction of a pier, platform and boat lift within the Corps federal navigation channel setback, which is not in compliance with the Commander's Policy on Setbacks Along Federally Authorized Channels (Commander's Setback Policy), or the terms and conditions of GP# SAW-1978-00056, and is in violation of Section 10 of the Rivers and Harbors Act (33 U.S.0 403). On January 23, 2014, Ms Emily Hughes with the Corps of Engineers Regulatory Division visited the site to inspect the re -construction of the docking facility. Based on the site visit, it was observed that all pilings have been removed from the Corps federal navigation channel setback. Based on this site visit and correspondence from our Navigation Section stating that the structure is in compliance with the Commander's Setback Policy and the terms and conditions of GP# SAW-1978-00056 (attached), the Corps will take no further action for this particular matter. Please be aware that any further unauthorized work in navigable waters of the United States may result in an immediate referral to the U.S. Attorney with a recommendation for civil prosecution.