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HomeMy WebLinkAbout22516D - Watson CAMA AND DREDGE AND FILL GENERAL N° 22516 -b PERM I T 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 `'Iii ' 12D° Applicant Name .1 IsA Jjf\*SOC1 Phone Number 801 95'1 -63 I Address '7 8 -oc COVc etd 11 City '- �tM State 5 Zip Ol t 09-Z Project Location (County, State Road, Water Body, etc.) cut C\Stj iC - C 0 0,n 1 i 23 'Srrn co r a �k�1- i -4-k01<l •c k l Type of Project Activity k4A u`( -) N COv) C COVDoc+ ,I Ck -A.j ;-� 14 i U ; e-nre-, t& )As, tssuerl €or ( or\sickl(-Vtor�1 o-P ii,e.� bt�A+ tat 1 r\ *4 e. „\,, F l cx,A Z r'i c J PROJECT DESCRIPTION SKETCH (SCALE: fJo - To ) Pier(dock) length Groin length number Bulkhead length 1 max.distance offshore (� U��?SPd �!2�� a 0 VA COVE cd Basin,channel dimensions . �� 0 ir?�1 s-k r'�� , i �' cubic yards ` y Boat ramp dimensions Y. • Other la, K NI 1Ar\co\ic4-ec A* iN IQ 3 S pre-,Cor,G L".- 0 t LOT , (' tI This permit is subject to compliance with this application, site ' drawing and attached general and specific conditions. Any �''L j ///��Q ' violation of these terms may subject the permittee to a fine, < 2-(' l' ( �� applicant's signature imprisonment or civil action; and may cause the permit to be- come null and void. �/'� J This permit must be on the project site and accessible to he o ' l permit oficer's signature permit officer when the project is inspected for complianc .The applicant certifies by signing this permit that 1) this pro- 23 nq-G 1 -re { . )-3) 2OO U ject is consistent with the local land use plan and all local issuing date \ expiration date ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no r7,1 . P-00 objections to the proposed work. attachments �i GE.NERAL?ERNLTT COMI LITER FORM }C_-2 s N-lv^_: J 1 re\ w pi ADD117ONAL N. S: A=C D=SIC:: oi-i % PT E A tx_:_=b0_3 PROJ DESC: p (wil3 traly I) WORK: . l- 12 X 14 MAINT: fr • h•silk:-) . • • I o1A) I b b ACTION TE",_47.1ON DP. Fly- QT.JIP. • • it 1 et Z) 2-3)2000 CA1i P. QJP : Fax TRANSMISSION ENVIRONMENTAL DIVISION 9 1 9-7 1 6-6600 Fax: 9 1 9.7 1 6-6767 To: Jerry Parker Date: November 1, 1999 Fax#: Pages: , including this cover sheet. From: Mary Penny Thompson Subject: Final.Order Re: Watson CMV 99-13 COMMENTS: See attached. ■ + r (alfr-,•11 State of North Carolina M1CtaAEL F. EASLEY Department of Justice 4 Reply to: Robin W.Smith ArronivEY GENERAL P, O. BOX 629 Environmental Division RALEIGH Tel: (919)716.6600 Far(919)716-6767 27602-0629 September 29, 1999 Mr. Sammie Varnam 86 Varnamtown Road Supply,N.C. 28462 Re: Watson Variance Petition Dear Mr. Varnam: Enclosed please find a copy of the order reflecting the Coastal Resources Commission's decision, at its September meeting, to grant Mr. Watson's variance petition. Please note that the variance is not a CAMA permit and Mr. Watson must obtain a permit from the Division of Coastal Management before beginning construction. Please call if you have any questions. Very truly yours, • .14 Robin W. Smith Special Deputy Attorney General cc: Robert C. Stroud, Jr- (DCM-Wilmington) Mary Penny Thompson./ • tr. • • STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF CRAVEN IN THE MATTER OF: ) . PETITION FOR VARIANCE ) FINAL ORDER BY JIM WATSON ) 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 September 9, 1999,in New Bern,North Carolina pursuant to N_C.G.S. § 113A-120.1 and T1 5A NCAC 710700, et seq. Assistant Attorney General Mary Penny Thompson appeared for the Department of Environment and Natural Resources,Division of Coastal Management; Petitioner Watson did not appear. Upon consideration of the record documents and the arguments of the parties, the CRC adopts the following: STIPULAT5D FACTS 1. Petitioner Watson's property is located at 123 Sanford Street, Holden Beach, North Carolina in Brunswick 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 14 feet(14') by 14 feet (14'). 5- The adjacent neighbors have no objections to the project and have completed the • Adjacent Riparian Property Owner Notification/Waiver forms. 6_ The Division of Coastal Management denied Petitioner's General Permit request on August 12, 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.I201, 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 Coastal Resources Commission makes the following: c_ONCLUSIONS 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.120I 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. • 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 to allow construction of the proposed boatlift on Petitioners' property. 51- This the‘..f day of September, 1999. Eugene B. Tomlinson, Jr., Chairman ./ Coastal Resources Commission /35405- ..jeG..--1"6" 99(FRI) 15:32 DEHNR COSTAL MGMT TEL:919 733 1495 T. 009 ,.- • - „ i)i0p6SdA bOCCI- • _ - • flog-11/15 \ 'EA 1.'64-1'115 • 6oc_ie cn4 game 1 X (e2 1 • •. San-f ord 1-'43 lei Ct_45 (lac. fj Aet 611-1-50 c-es AOC-25-99 09 :07 AM Varnams Docks + Bulkhead 910 842 7626 P. 04 .40 • DIVISION OC COASTAL MANAGEMENT ADJAC. NT RIp. RIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name Of Individual. Applying For Permit ! L.)01 UJo± oiv Address Of Property; [off 3 5a(1 'oicd '$+ [`io )dan • ( . c Ne- -07g4� (Lot or Street IF, Street or Road, City & County) 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. V 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, North Carolina . 28405 or call 91-0 395-3900 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 understacr3 that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back 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. • 7-if• Y9 /Cgnatura. Date • A �Jnet i-ea er Print Name HNIR Telephone Number With ALea Code AUrr-25-99 09 :07 AM Varnams Docks + Pulkhc-ad 910 842 7226 P. 03 ISION Of COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIPICATIONJWAIVER FORM Name Of Individual Applying For Permit: jirn Wa-fwv _ Address Of Property: fa3 &ael-Pokd 5+. 0 )dlin f cric h (Lot or Street ii, Street or Road, City & County) 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, imington, North Carolina, 28405 or call 910 395-3900 within 10 a s of receipt of this notice . No response is considered the same as no objection if you have been notified by Certified Mail IAIVER SECTION I understani that a pier, dock, mooring pilings, breakwater, boat house , lift or sandbags must be set back 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. • e,.. ate T - inc)• • ame _� Telephone Number With Area Code • • nr,_ d,,:4:::: . __;,ter _._ .emsq.ii. s i, 3288 I � VARNAM'S DOCKS & BULKHEADS 0 86 VARNAM TOWN RD. SUPPLY, NC 28462 66-112/631 DATE i 1- a 3 _4 1 i PAY Ud TOT I $ /da— OR OF_ le - DOLLARS M :: 82101 BB&T w. CH N.N., !t CO / 3226 HOLDEN NC CH ROAD SW fid:44/46 1 1 FOR/4/ 4 /d 3 T7L- hie__ -- - --- - i''000032880 1:053LOLL20: 52L76 0 ? L"o GP 10.... _gel 1