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HomeMy WebLinkAbout36896D - Klass :AMA/ L DREDGE & FILL lk •X- `y ,' 3€ 1ENERAL PERMIT Previous permit# 4ew JModification 1 -'Complete Reissue Partial Reissue Date previous permit issued Ced by the State of North Carolina,Department of Environment and Natural Resources)astal Resources Commission in an area of environmental concern pursuant to 15A NCAC q 1t(U 0 El Rules attached. Name 7iQr./` ,' /QS S Project Location: County Alt w IMNawr e LO f 5- Street Address/State Road/Lot#(s) t1 -' *5 l✓'G kno /jG h , State/te ZIP 2607 g (3?6) 2 fie �ax#( ) Subdivisioonn+ ( #1' 6, d Agent �f/'/�4 1r�'tii-/ City C e r,41V 4pa<' ZIP 2 g ar ❑CW ❑EW ❑PTA NES ❑PTS Phone# (TG) 2 5 0 -//dreier Basin C ICr ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body,4'fWMI l!rr ❑ PWS: ❑FC: �i Closest Maj.Wtr. Body'Q Q �'A es / no' PNA yes r: Crit.Hab. yes I no /G //j /„ /I' Ct'evl Project/Activity C Cht'tr</e 7f 1-7'et--� - 46G,/ic h e ✓/ (Scale: /N= I k)length :s) er(s) igth nber Riprap length yt.Il/ distance offshore Q K distance offshore annel 1 iic yards lP _ se/Boatlift �to jildozing / e Length 3'1 i LI not sure yes i 1 s: not sure yes a / I�) ium: n/a yes 62 noi�� / ki-C ,'f//� 4ttached: e:isno ng permit may be required by: "rQ''"n e( Cato lir C 4eac(n I ,See note qn back�egardin River Basin r 1i . ., I I I / I / / __I /7_ a AP GENERAL PERMIT COMPUTER FORM IDPLICANT NA �Gr/",Z DITIONAL N? ES: DESIG: =.�DEVELOP 4REA , 'ill only take 6) �' 2 'PROD DESC: _ /7 3' .4(/ (W ill only take 1) 'ill only take 4) —ill only ill only talc 6) ACTION EXPIRATION • )REDGE&FILL REQUIRED: *I'Z� AMA MAJOR DEVEL REQUIRED: --e241 � ZG ra y U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Id.200400478 County:New Hanover Quad: Carolina Be Notification of Jurisdictional Determination Property Owner: Mark Klass Address: Post Office Box 1343 Phone: Lexington,North Carolina (336)250-4040 Decimal Degrees:North:34.05826°West: 77.88586° Size and Location of Property (waterbody, Highway name/number, town, etc.): Site is located on Lot 5 on the east sid Dceana Way, in Oceana Subdivision,adjacent to the Atlantic Intracoastal Waterway,near Carolina Beach Inlet,in Carolina Be, vew Hanover County,North Carolina. 3asis of Determination: There are jurisdictional wetlands on the site described above(see attached wetland data sheets)that ocated adjacent to the Atlantic Intracostal Waterway. This determination is based on a site visit by Angie Pennock on July !003. Indicate which of the following apply: . There are waters of the United States on the above described property which we strongly suggest should be delineated surveyed. The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determina on your property. . Because of the size of your property and our present workload,our identification and delineation of your wetlands car be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of wetlands. Once your consultant has flagged a wetland line on the property,Corps staff will review it,and,if it is accur we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a f jurisdictional determination on your property without an approved survey. X The wetlands on your land have been delineated,and the limits of Corps jurisdiction have been explained to y Unless thereis a change in the law or our published regulations,this determination may he relied upon for a period not to exceed five years from the date of this notification, . There are no wetlands present on the above described property which are subject to the permit requirements of Sect 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, determination may be relied upon for a period not to exceed five years from the date of this notification. X The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coax Management to determine their requirements. 'lacement of dredged or fill material in wetlands on this property without a Department of the Army pen s in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not requit or work on the property restricted entirely to existing high ground. If you have any questions regarding i ;orps of Engineers regulatory program,please contact Angie Pennock at(910)251-4611. 'roperty owner/Authorized Agent Signature Project Manager Signature /1. . NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL licant: Mark Klass File Number: 200400478 Date: 03.08.04 ched is: See Section bel INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E TION I- The following identifies your rights and options regarding an administrative appeal of the abc ;ion. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or )s regulations at 33 CFR Part 331. NITIAL PROFFERED PERMIT: You may accept or object to the permit. CCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fin. uthorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your ignature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rig] a appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the perm )BJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request th ne permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. 'our objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your rid appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a; iodify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modif ie permit having determined that the permit should be issued as previously written. After evaluating your objections,the istrict engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. 'ROFFERED PERMIT: You may accept or appeal the permit ,CCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fins uthorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your ignature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rigl appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the perm ,PPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, iay appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of thi: )rm and sending the form to the division engineer. This form must be received by the division engineer within 60 days of tt ate of this notice. ERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Proces npleting Section II of this form and sending the form to the division engineer. This form must be received by the division er within 60 days of the date of this notice. ,PPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or de new information. CCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the ste of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • TION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT LSONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to I proffered permit in clear concise statements. You may attach additional information to this form to clarify where your rea: jections are addressed in the administrative record.) TIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the l of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. Howev gay provide additional information to clarify the location of information that is already in the administrative record. TT OF CONTACT FOR QUESTIONS OR INFORMATION: have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you r s you may contact: also contact: ngie Pennock Mr.Arthur Middleton,Administrative Appeal Review Office PERIOR CT JUDGE 22 336 224 1296 04/06 '04 12:57 NO.502 01/U2 r. JEafE of cNot C'Q(OL'&2a quieTar Couz.i of gu6.Licz su�E2L0'r e0 t 1 isEuck 22 KIMBERLY 5.TAYLOR CHRISTOPHER M. COLL -ASS RESIDENT SUPERIOR COURT JCS Su nt RIOR COURT JUDGE RESIDENT SVPIiRlOR COURT JUDGE IRt DOLL COW .OUNTY ALEXANDER COUNTY P.O. Box 43 P.C. BOX 156 NC 79. STAT:Xv1LLt, NC 26687 STATE.SVILLE.NC ZB 27 12d3 161 249.4 PNONE: (704) S73-4797 PNONt: (70d) 873.0708 PAX: (704) 878-3 224-1296 FAX: (704) 878-3219 FACSIMILE TRANSMITTAL SHEET DATE: O`A-04-0' NUMBER OF PAGES SENT: (Includes transmittal sheet) TO: ` \ FAX NUMBER: kkO ' S 0 FROM: Mark E. Klass Senior Resident Judge, Superior Courts of North Carolina P. O. Box 1343 116 West Center Street Lexington, North Carolina 27293-1343 Phone: (336) 249-4797 Fax: (336) 224-1296 COMMENTS: PERIOR CT JUDGE 22 336 224 1296 04/06 '04 12:57 NO.502 02/02 1-::� r " " oio )4 2: GC FGM- �1._11Z �i� u e l.• F ORM me of Individual Applying Far Peaait ire= of Property: (Lot or Street it, Sow of Road) •(City and Con-lift 1� • • eby certify that I own p op rty Es:jauai to the above-referenced ying for this pcxa irbas dennacd to me as shown cm the anal:red Pr y awing thew the individual Ong. A description or � pEaccit they or drawing,wz =ans, should be is r Have m objcc"•hans to thi4 proposal. is heave objections tv what is being proposed, please write the agent at, 127 Cardinal Dr*ve Din of ,Coastal �+10 days of ���tOSL, NC 28405 or call 9I0-39�390Q lave been notified by tCerf d M�,p tense is considered the snare as no objection if WAIF SECTION a'stand that a pier,dock,modrgpgiags,breakwater,boatl otese or boat lift most be set mum distance of15'from ray area of ss D waive the s�arh,you must initial the appropriate opr access k below ed by me (Ifyou I do wish to waive the 15'setback rem , _ 14p not wish to waive the 15'setback requirtnicut LA.) A� �7f 12 c i .,/ ®e Dam AstA —� , OuGLffS w . ��RO,�,J _ . me NcDENR DIVISION OF csTA OA L MANAG)~1 T SENT RIPARIAN PROP R OWNER NOTIT=ICATIONIW&JVER FORM Name of Individual Applying For Permit Mac*c tak y SS Address of Property: 4-0L S (Lot or Street#, Street or Road) C-GC-O I II r a. f3 Q JL N 14 (City and County, -.7 I hereby certify that I own property adjacent to the above-referenced property. the individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice: No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock,mooring pilings,breakwater,boathouse or boat lift must be set bck 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. cn �c A,L.c k.��. Q 1,. / Sign Name Date pa...v..i c.�c. A - k- n QC3 .S• U.) r' ...,rw Print Name NCDENR 5793 IARK E. KU71ASS 88-112/531 5 3 UNDEN LAN 7 ?} Lf 25431 5 LANE �alol—u---` XINGTON,NC 27292 Io!A,on!«p` .... ' Ullanc, o BB&T i!!!!F6 BRANCH YANKING AND TRV{T COUPANY Lp(INCyTNORTH ROLINA IMF _ lQ9Qlr�� ,liynn 79 i.053LOLL2LI: 5LL320lioacoo S