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
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Type of Project Activity k4A u`(
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PROJECT DESCRIPTION SKETCH (SCALE: fJo - To )
Pier(dock) length
Groin length
number
Bulkhead length
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max.distance offshore (� U��?SPd �!2�� a 0
VA COVE cd
Basin,channel dimensions . �� 0 ir?�1 s-k r'�� , i
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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 , ('
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This permit is subject to compliance with this application, site '
drawing and attached general and specific conditions. Any
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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
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ADD117ONAL N. S:
A=C D=SIC:: oi-i % PT E A tx_:_=b0_3 PROJ DESC: p
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WORK: . l- 12 X 14
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ACTION TE",_47.1ON
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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.
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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./
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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
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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.
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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
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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.
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/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.
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Telephone Number With Area Code
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3288 I
� VARNAM'S DOCKS & BULKHEADS
0 86 VARNAM TOWN RD.
SUPPLY, NC 28462
66-112/631
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82101 BB&T
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