Otter (3)

CERTIFICATION OF EXEMPTION
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 AE Svbcha}xet�l4-� //.3,4 105
Aicant Name Tirli' ! .
cress /
ject Location (County, State Road, Water Body, etc.)
proposed project to be located and constructed as described
✓e is hereby certified as exempt from the CAMA permit re-
ament pursuant to 15yA714-,0aps Tpif�expmption to
AA permit requiremefitsY& s not allevate tfie necessity of
obtaining any other State, Federal, or Local authorization.
Number 9/O.:41�,
State AIC Zip
i nis cer[mcanon of exemption from requiring a cAMA pE
valid for 90 days from the date of issuance. Following expi
a re-examination of the project and project site may be nec
to continue this certification.
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NOV 15 2010
CERTIFICATION OF EXEMPTION
-Y- FROM REQUIRING A CAMA PERMIT IJCM WILMINGTON, NC
as authorized by the State of North Carolina,
l Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15•NCAC-Subchapter-7K .0203-.-•- I/C GS //,3,4 UU56) i
pplicant Name T�'�" /� hone Number y/ll.�f3. ?/3
ddress r /' G a—_7
ity ,a' r� kip A C.�4i State C' Zip 7 ` Z<
roject_Location.(County, State Road, Water Body, etc.)
ie proposed"project to be located and constructed as described
love is hereby certified as exempt from the CAMA permit re-
lirement pursuant to 1 �f>1 7K•--02P3sa'ti¢�eAeces on to
AMA permit requireme t oes nd allewate the necessity of
fur obtaining any other State, Federal, or Local authorization.
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
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tin Mckoy
m: Mairs, Robb L [[e-mail]]
it: Tuesday, November 09, 2010 4:31 PM
[e-mail]
Everhart, Steve
aject: Otter Creek HOA maintenance work
In,
follows our previous telephone conversation and also my site visit on 10/6/10 with representatives
i Otter Creek Landing Yacht Club along with their engineer to observe the collapsed area landward
ie existing southern bulkhead between the Otter Creek Landing HOA condos and the Otter Creek
ling Yacht Club Basin, due to a recent drainage pipe failure. Based on the nature of work for the
landward of the bulkhead associated with the damaged drainage pipe, our office has determined
the work is maintenance and repair in accordance with NCGS 113A 105(5)b.5 (attached) and will
require a CAMA Permit from our office. Attached is the Certification of Exemption From Requiring a
AA Permit form that will need to be signed and returned to me along with the applicable CAMA rules
: pertain to maintenance and repair. Please note, this does not alleviate the necessity of your
3ining any other State, Federal, or Local authorization. I will send you the originals via mail. Please
free to call me if you have any questions.
nks,
)b L. Mairs
d Represent" -)five
Division of Coastal Management
Dept of Ei*rorl`nent 8, Nfatural Pessources
Cardinal Drive Extension
ming.ton. NC 28405
ane: (91 Q)795-7423. Fax: (91 Q)395-3954
b. mails(d�iicdeni. ciov
�:[ tvUnv__nccoastalnianagement.nci
W correspondence to and from this address
be suWCct fo the North ;aru;in f $11r
rds Law and may be disclosed to third parties.
RECEIVE®
NOV 15 2010
DCM WILMINGTON, NC

IV
such as those associated with hurricane and other storm tides. Unless otherwise determined by the
Commission, the limits of seawater encroachment shall be considered to be the confluence of a sound's
tributary river with the river or creek entering it nearest to the farthest inland movement of oceanic salt water
under normal conditions. For purposes of this Article, the aforementioned points of confluence with tributaryy `,
rivers shall include the following: R E C E I V E D
a. On the Chowan River, its confluence with the Meherrin River; 1�
NOV 15 2010
b. On the Roanoke River, its confluence with the northeast branch of the Cashie River;
c. On the Tar River, its confluence with Tranters Creek; DCM WILM'INGTON, I
d. On the Neuse River, its confluence with Swift Creek;
e. On the Trent River, its confluence with Ready Branch. Provided, however, that no county
shall be considered to be within the coastal area which: (i) is adjacent to, adjoining or bounded
by any of the above points of confluence and lies entirely west of said point of confluence; or (ii)
is not bounded by the Atlantic Ocean and lies entirely west of the westernmost of the above
points of confluence.
(4)"Commission" means the Coastal Resources Commission created by G.S. 113A-104.
(4a)"Department" means the Department of Environment and Natural Resources.
•(5)a. "Development" means any activity in a duly designated area of environmental concern (except as provided
in paragraph b of this subdivision) involving, requiring, or consisting of the construction or enlargement of a
structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading,
driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand
dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream,
lake, or canal; or placement of a floating structure in an area of environmental concern identified in G.S. 11 3A-
11 3(b)(2) or (b)(5).
b. The following activities including the normal and incidental operations associated therewith shall not be
deemed to be development under this section:
1. Work by a highway or road agency for the maintenance of an existing road, if the work is
carried out on land within the boundaries of the existing right-of-way;
2. Work by any railroad company or by any utility and other persons engaged in the distribution
and transmission of petroleum products, water, telephone or telegraph messages, or electricity
for the purpose of inspecting, repairing, maintaining, or upgrading any existing substations,
sewers, mains, pipes, cables, utility tunnels, lines, towers, poles, tracks, and the like on any of
its existing railroad or utility property or rights -of -way, or the extension of any of the above
distribution -related facilities to serve development approved pursuant to G.S. 113A-121 or
113A-122;
3. Work by any utility and other persons fort he purpose of construction of facilities for the
development, generation, and transmission of energy to the extent that such activities are
regulated by other law or by present or future rules of the State Utilities Commission regulating
the siting of such facilities (including environmental aspects of such siting), and work on
facilities used directly in connection with the above facilities;

affecting estuarine waters (as defined in G.S. 113-229) or navigable waters is involved;
l�1 5. Maintenance or repairs (excluding replacement) necessary to repair damage to structures
caused by the elements or to prevent damage to imminently threatened structures by the
creation of protective sand dunes.
6. The construction of any accessory building customarily incident to an existing structure if the
work does not involve filling, excavation, or the alteration of any sand dune or beach;
7. Completion of any development, not otherwise in violation of law, for which a valid building
orzoning permit was issued prior to ratification of this Article and which development was
initiated prior to the ratification of this Article;
8. Completion of installation of any utilities or roads or related facilities not otherwise in violation
of law, within a subdivision that was duly approved and recorded prior to the ratification of this
Article and which installation was initiated prior to the ratification of this Article;
9. Construction or installation of any development, not otherwise in violation of law, for which an
application for a building or zoning permit was pending prior to the ratification of this Article and
for which a loan commitment (evidenced by a notarized document signed by both parties) had
been made prior to the ratification of this Article; provided, said building or zoning application is
granted by July 1, 1974;
10. It is the intention of the General Assembly that if the provisions of any of the foregoing
subparagraphs 1 to 10 of this paragraph are held invalid as a grant of an exclusive or separate
emolument or privilege or as a denial of the equal protection of the laws, within the meaning of
Article I, Secs. 19 and 32 of the North Carolina Constitution, the remainder of this Article shall
be given effect without the invalid provision or provisions.
c. The Commission shall define by rule (and may revise from time to time) certain classes of minor maintenance
and improvements which shall be exempted from the permit requirements of this Article, in addition to the
exclusions set forth in paragraph b of this subdivision. In developing such rules the Commission shall consider,
with regard to the class or classes of units to be exempted:
1. The size of the improved or scope of the maintenance work;
2. The location of the improvement or work in proximity to dunes, waters, marshlands, areas of
high seismic activity, areas of unstable soils or geologic formations, and areas enumerated in
G.S. 11 3A-1 13(b)(3); and
3.Whether or not dredging or filling is involved in the maintenance or improvement.
(5a)"Floating structure" means any structure, not a boat, supported by a means of floatation, designed to be
used without a permanent foundation, which is used or intended for human habitation or commerce. A structure
shall be considered a floating structure when it is inhabited or used for commercial purposes for more than thirty
days in any one location. A boat may be considered a floating structure when its means of propulsion has been
removed or rendered inoperative.
(6)"Key facilities" include the site location and the location of major improvement and major access features of

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