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Home My WebLink About20359D - Beverly M f CAMA AND DREDGE AN FILL AR, J21359 -A)O GENERAL 6014, E 1/ ;�1e; � i iv 3 7 6/ro PERMIT as authorized by the State of North Carolina 0 Department of Environment, Health, and Natural Resources and the coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 2 H • I.1 0 U -�V� 6EQF IQ Y Phone Number CP i 8 ?Lc' 6�y� Address ss Name m(./GO City PS 4 _gF A- el State NC_ Zip .D S—. Project Location (County, State Road,Water Body, etc.) 5-4Y1r1" 'kJ j s "%Mc~"- AA (K (4/A ( Type of Project Activity 4Q e' J~ 0 P L ` ?Z r‘41c41 PR;t 7 (X (-- iSSGtigj by v fA bAt 0k-o.) -,? (F; / Ufioc,e) PROJECT DESCRIPTION SKETCH (StALE: i 'r._ v r ) Pier(dock) length l 1 l 'O Groin length �� number Bulkhead length max.distance offshore— epet j/ Basin,channel dimensions �� cubic yards Boat ramp dimensions , Yv 'UQ� , 'I �/�/ , e s Other L — ''?`j�/% . 1)0(.-IC t 11 i'ci m cLfQ 1 This permit is subject to compliance with this application, site (� drawing and attached general and specific conditions. Any (`� violation of these terms may subject the permittee to a fine, applicant's signature imprisonment or civil action; and may cause the permit to be- 4— come null and void. permit officer's signature This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. �— �.�_0 ��_ OU The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local issuing date expiration dat ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no attachments `7 /j ' �� C.)(..) objections to the proposed work. To Whom It May Concern: John Palcauk hereby waver 15' s ac} off my property line for a boatlift on my neig_ s ro y Si d May 18, 1999 Date 919-846-5161 Phone 121 McLeod Ave. Topsail Beach, N. C. Address MAY-18-99 12 :32 PM P. 02 r;CM : NOU7E OF LIGHTS KALE i GN' PHONE ram. a19211=79/. 'ha . 1E 1999 11:49i F2 2b Wham It May Concern Lars E. Bostrom t:erety waive_ th�15' set back o_f my property line fora :xatli_`t on my nei. pro y. //f // i ed 18. 1999 Date — — 910-328-8111 P:-zrie # 9115=6_14-Uo32 117 McLeod Ave. Topsail.Beach. N. C. Addreso • STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF PASQUOTANK IN THE MATTER OF: ) PETITION FOR VARIANCE ) FINAL ORDER BY THOMAS E. BEVERLY ) This matter was heard on oral arguments and stipulated facts at the regularly scheduled meeting of the North Carolina Coastal Resources Commission(hereinafter CRC) on July 23, 1999, in Elizabeth City,North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC 7J.0700, et seq. Assistant Attorney General Mary Penny Thompson appeared for the Department of Environment and Natural Resources, Division of Coastal Management; Petitioner Thomas E. Beverly chose not to appear. Upon consideration of the record documents and the arguments of the parties, the CRC adopts the following: STIPULATED FACTS 1. Petitioner's property is located at 119 McLeod Avenue, Topsail Beach, North Carolina in Pender County. The lot fronts a man-made canal. It is not located on an ocean-facing shoreline. 2. Both an Estuarine Waters Area of Environmental Concern (AEC) and an Ocean Hazard AEC overlap Petitioner's proposed development area. 3. Petitioner sought a CAMA General Permit to construct an uncovered boat lift. 4. The proposed development consists of an uncovered boat lift measuring approximately fourteen feet (14') by fourteen feet (14'). 5. The adjacent neighbors have no objections to the project and have both waived the 2 fifteen-foot riparian setback requirement. 6. The Division of Coastal Management denied Petitioner's General Permit request on May 24, 1999 due to its inconsistency with the General Permit for Construction of Piers, Docks and Boat Houses in Estuarine and Public Trust Waters which prohibits the construction of boat lifts in an Ocean Hazard AEC. 7. The proposed development is inconsistent with N.C. Admin. Code tit. 15A, r. 7H.1201, which allows boat lifts in an Estuarine Waters AEC, but prohibits them in an Ocean Hazard AEC. 8. Boat lifts are common structures along man-made canals in estuarine waters. Based on the foregoing Stipulated Facts,the Commission makes the following: CONCLUSIONS OF LAW 1. The CRC has jurisdiction over the parties and the subject matter. 2. The parties have been correctly designated and there is no question of misjoinder or nonjoinder of parties. 3. All notices for the proceeding were adequate and proper. 4. Application of 15A NCAC 7H.1201 to Petitioner's property will result in practical difficulties or unnecessary hardships in that Petitioner will be unable to construct a boatlift to facilitate access to adjoining estuarine waters. 5. Petitioner's hardship results from conditions peculiar to Petitioner's property in that the project site is located in both the Ocean Hazard and Estuarine Shoreline/Estuarine Waters areas of environmental concern, but has the characteristics of an estuarine shoreline. 3 6. At the time that it adopted 15A NCAC 7H.1201, the Coastal Resources Commission could not reasonably have anticipated that the Ocean Hazard AEC would be extended to include the estuarine shoreline as a result of revision of federal flood zone maps. 7. The proposed development is within the spirit, purpose and intent of the Commission's rules in that the rules allow the construction of piers, floating docks and boat lifts on estuarine shorelines and in estuarine waters. ORDER THEREFORE, the petition for variance from T15A NCAC 7H.1201 is GRANTED. This the 2 day of August, 1999. Eugene B. Tomlinson, Jr., Chairman // Coastal Resources Commission Mr. or Mrs. Thomas E. Beverly 5868 DL 430728 1814633 5016 Elaine Ave. 876-6990 2606 66-19/530 NC Raleigh,NC 27616 ' ,/ Date �a el e 11 433 Pay to the $'' Order of C- D �� I $ 4 SO,, 00 V-----; Y sl* —Do11Ars. Br:"=° NationsBank _ Nationafank,N.A. I > ) ' , ► r For,b o cl.t Li -- I,D12,))._,0--LI.../ m, • 1:053000L961: 000043268796v 5868 GPao559 • Odw4•Awerkw WILDLIFE PORTRAfl5 W IP •