The URL can be used to link to this page

Home My WebLink About38453D - Childers CAMA/ ❑DREDGE & FILL ► IENERAL PERMIT Previous permit# New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued zed by the State of North Carolina,Department of Environment and Natural Resources ,astal Resources Commission in an area of environmental concern pursuant to ISA NCAC /pi /ZOO ❑Rules attached. Name a v lO ell r'j de✓S Project Location: County F.�«_.�5)/cam /&/I Z/Ur, /L1// cCrf 11,- i 41 Street Address/State Road/Lot#(s) l c /LiL rjoh viaStateAfC ZIP agc/zz -He-vv ,ri (7c< I( Co,r r e (9/0)-75,- &_b_3i, Fax#( ) Subdivision Wi?elr f)g ki v'r' ;dAgent ('/,arI/el)ery 6-474.1s47",J City U/lv►Q ZIP .26yZ ❑CW EEW CXPTA ❑ES El Phone# ( ) River Basin 41101I ❑OEA HHF ❑IH ❑UBA El N/A Adj.Wtr. Body L%"' �e)j /l yt /y/,� ,�rtat�/ ❑ PWS: ❑FC: LyJ es /(J PNA O/ no Crit.Hab. yes / no Closest Maj.Wtr.Body Project/Activity ea„,1cLIc, •P►r,- lb�-v`k , -.J- - L1Tf (Scale: /''.,.. k)length ;r(s) 2 U x /U —r MINIMINEEMI gth ' L' i i fiber 1 + Riprap length + �- distance offshore -_.. —.... . :distance offshore 1 I } innel i..,, ; / c yards 1 P i 1 r . , .,,, 110111= 1 : 1 1 EMPOIMIMMINIMMIMIMI I II ozing I �. 1I IMI --L- • 1 MI I 1 -4— I- ! Fire"7.''IMINIMMINEIMMIIIIMMIMMINIMIMMIM ' 4— 4 - Length 'C �.. .. _.. _ -_ c_...._ not sure yes rio7 not sure yes 4o J/ _ I } ' ; im: n/a yes f� I yes ri _ t , g -i 1 ... ttached: yes me g permit may be required by: in st`,1C 1- �C,, • I I See note on back regarding River Basin r GENERAL PERMIT COMPUTER FORM • APPLICANT NAME: 1)QV id (quiet ADDITIONAL NAMES: AEC DESIG: 1-1 ) J T DEVELOP AREA: _ PROJ DESC: r - (Will oniy take 6) (Will only take 1) WORK: 13L I Li) 2.(o tL 10 2( (Will only take 4) TLF i 0120 M ALNT: (Will only take 4) LMP: o\v "Ill (will only take 6) ACTION EXPIRATION DREDGE & FILL REQUIRED: !0/5/0c/ I/05 105" C_"MA MAJOR DEVEL REQUIRED: ,c /sic,/ i it)5/0s DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NO I.IFICATION/WAIVER FORM ne of Individual Applying For Permit: tress of Property: lor (Lot or Street #, Street or Road) .6 L! Vi4 , ffgfriliA/a< (City and County) reby certify that I own property adjacent to the above-referenced property. The individual Lying for this permit has described to me as shown on the attached drawing the development they proposing. A description or drawing, with dimensions, should be provided with this letter. Z�- I have no objections to this proposal. ou have objections to what is being proposed, please write the Division of Coastal nagement, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 iin 10 days of receipt of this notice. No response is considered the same as no objection if have been notified by Certified Mail. WAIVER SECTION iderstand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be )ck a minimum distance of 15' from my area of riparian access - unless waived by me. (If 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. L/6 i Name Date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signs e item 4 if Restricted Delivery is desired. x 6 ) Ant IN Print your name and address on the reverse ' ressee so that we can return the card to you. B: R eked by(Printed Name) . Date iff D/dliv II � Attach this card to the back of the mailpiece, r. 1Yj t�9r or on the front if space permits. a / /% D. Is delivery address different from item 1? es 1. Article Addressed to: If YES,enter delivery address below: ❑No ft )tqE, iiiiiel Rita ]]& f2)4416P-. —/(7 /� 3. Service Type J/Ay�Ay0 Certified Mail ❑ press Maii / r`" ❑Registered 0 Return Receipt for Merchandise 2 fI J1 5 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ((iansfer from service k 7004 1350 0002 204[] F,1i14A PS Form 3811, February 2UU4 Domestic Return Receipt 102595-02-M•1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signate item 4 if Restricted Delivery is desired. ' ❑Agent ■ Print your name and address on the reverse r�jZ,c.�y ressee so that we can return the card to you. B. Received by(Print Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ,},tti Ion' 7_72 y or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No ,,<,',/ifyiiiiEz ,pa.....- /2/9 Re --,9h/,AA to lil /lam' #7, /�-'-i/ ' /16 s. Service Type _ ❑Certified Mail 0 Express Mail / 0 Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ?U04 1350 0002 2940 8124 (Transfer from service fat PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 T-oE DEPARTMENT OF THE ARMY 7 •` ''.n1�soF WILMINGTON DISTRICT,CORPS OF ENGINEERS s`"` �� PO BOX 1890 yf ':� WILMINGTON NC 28402-1890 � '•� 50" - L V 1)4'fll) P�;p f�'6UNf:AV lY, "C5°` September 16, 2004 Regulatory Division Action ID No. 200401172, General Permit No. 197800056 Dave Childers 1611 Zion Hill Road Bolivia,North Carolina 28422 Dear Mr. Childers: Reference your August 25, 2004, request for a Department of the Army(DA) authorization to construct a dock/boat lift facility approximately 3 miles south of Supply, on the Lockwood Folly River,466 Herring Gull Court,Winding River Plantation Subdivision, Brunswick County, North Carolina. On June 5, 2003, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance,repair,construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins,jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. 2. An as built survey of the structure will be sent to our office for review for navigation concerns. 3. Be advised that the authorized structure is in the setback of the Federal channel and this permit does not authorize the interference with the existing Federal project and will not be entitled -2- Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for your time and cooperation. If you have questions, please contact Henry Wicker, of the Wilmington Regulatory Field Office, at(910) 251-4930. Sincerely, vV Henry14-e/1( jeA. , icker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Brunswick Surveying, Inc. Mr. Doug Huggett Attn: Gary Gurganus Division of Coastal Management 1027 Sabbath Home Road S.W. N.C. Department of Environment Supply, North Carolina 28462 and Natural Resources 151-B, NC Hwy 24 NOAA/National Ocean Survey Morehead City, North Carolina 28557 ATTN: Sharon Tear N/CS261 1315 East-West Hwy. Rm. 7316 Mr. Jim Gregson,District Manager Silver Spring,MD 20910-3282 Wilmington Regional Office N.C. Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 General Permit No. 197800056 Name of Permittee: General Public Effective Date: June 5, 2003 Expiration Date: December 31, 2004 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. 1. Special Conditions a. Structures authorized by this general permit are piers, docks,boathouses, boat shelters, mooring piles, dolphins,jetties, groins and breakwater structures conforming to the standards contained herein. The piers, docks,boathouses and boat shelters will be pile-supported or floating structures. Mooring piles, dolphins,jetties and breakwater structures may be constructed of wood, metal, or pre-cast concrete. Groins may be constructed of wood,pre-cast concrete or rock riprap. Breakwater structures will be designed to provide for adeauate water circ,ilatinn b. Authorized structures located on or adjacent to federally authorized waterways will be constructed in accordance with the following setbacks: (1) No authorized structure will extend closer to the near bottom edge of the federally authorized channel than the sum of three times the project depth plus two feet over-depth, plus ten f (Example: 6-foot project+2-feet over-depth= 8 feet times 3 =24 feet+ten feet= 34 feet setback f near bottom edge of the channel.) (2) No authorized structure will extend closer than eighty(80) feet to the near bottom e of the Atlantic Intracoastal Waterway with the exception of official, Corps of Engineers approved"1 WAKE ZONES". In these"no wake" areas, no authorized structure will extend closer than fifty(5( feet to the near bottom edge of the Federal channel. (3) No authorized structure will extend closer to the near bottom edge of a federally- authorized small boat harbor or harbor of refuge than the sum of three times the project depth plus t, feet over-depth. (Example: 6-foot project+2-feet over-depth= 8 feet times 3 =24 feet setback fror near bottom edge of the channel.) This provision will only apply where there is no through channel passing through or connecting to the harbor. c. This general permit does not authorize construction across or into any natural or manmade channel or water body so as to adversely affect navigation, or general access and views thereof, by the general public. No structure may be placed within 15 feet of a property line extended perpendicular to a channel without the concurrence of the adjoining property owner. d. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water(MHW) elevation contour(tidal areas) or the normal water level (NWL) elevation contour(non-tidal areas) or one-third (1/3) the width of a natural water body,whichever is closer to the shoreline, except as otherwise governed by the presence of a federally maintained channel. e. The width of a pier will not exceed six (6) feet, unless the District Engineer or his representative determines, in writing, that a greater width is necessary for safer use, to improve public access, or is necessary to support a water dependent use that cannot otherwise occur. Any portion of a dock or pier, fixed or floating, extending from the main structure and six (6) feet or less in width, is a"T" or"L" section or a finger pier. Any portion of a dock or pier, fixed or floating, greater that six (6) feet wide is a platform or deck. Adjoining platforms, decks, docks and "L" and "T" sections will not have a cumulative maximum floor area larger than 400 square feet, except if a greater area is necessary for safer use, to improve public access, or is necessary to support a water dependent use that cannot otherwise occur. g. Docks and piers extending over vegetated wetlands will be elevated at least three (3) feet over the wetland substrate. h. Wooden jetties will not extend farther than 100 feet waterward of the MHW or the NWL elevation contours. i. This general permit does not authorize the installation of fueling facilities on authorized structures. j. Riprap groins shall not exceed a base width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. k. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. 1. Riprap groins shall not be located within primary nursery areas, SAV beds, or areas identified as essential fish habitat. m. Floating structures will be designed to not break away and will be supported by material that will not become waterlogged or sink when punctured. Floating structures will be installed to provide for fluctuations of water elevation, and they will be designed so that the structure will not rest on the bottom at any time. n. Breakwater structures will be no longer than 500 feet. They will have a minimum of one-inch openings between standard width(6 to 12-inch) sheathing boards and at least one, five- foot wide opening for each 100 linear feet of structure. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. o. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. p. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. q. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The nermittee will s. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway(AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. t. This general permit does not authorize any dredging. u. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). v. This general permit is not applicable to any work on Atlantic Ocean beaches. w. The permittee understands and agrees that,if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers, to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. General Conditions a. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. b. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will,within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition. c. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. d. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Water Quality(NCDWQ), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. e. The permittee will permit the Wilmington District Engineer or his representative, or other Federal resource agency personnel having compliance or monitoring issues to address, to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. f. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit(N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. g. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. h. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. i. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prenared. • (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act(15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act(16 U.S.C. 1531). This general permit does not authorize activities, which would adversely affect federally listed endangered or threatened species. The Wilmington District's Regulatory field offices have a list of important aquatic sites in which federally listed aquatic species are known to occur. This listing can be accessed on the Wilmington District internet homepage at the following address: http://www.saw.usace.army.mil/wetlands/regtour.htm. The permittee must contact the appropriate field office before beginning work to determine if the proposed action will affect any federally listed aquatic species. k. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. I. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Charles R. Alexander, Jr. "nBanItofAmerica' ACH R/T 053000196 For l 3 / * jJ /_ iii-49Z RP ':0eiiii 5 3000 L961: 00069 7 L4 36 L 30 L L 3 3 A.