HomeMy WebLinkAbout84974_Arthur & Terry Halpern_20211027 eic.°MT LAMA' �.x`DREDGE & FILL. - No 84974 a ;B C D.
2 GENERAL PERMIT -_ Leg 5,-2.5. Previous permit /�
�� lJ . . - Date previous permit issued /l.�,r�
iComplete-Reissue
. ,
L]New ❑;Modification ❑Complete Reissue ❑l Partial Reissue'
'As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
I 5A NCACi t ` /5 ❑Rules attached.- a®�General Permit Rules available at the following link:www.deq.nc.gov/CAMArules
Applicant Name 4-if �'` t! !- /e-V /11,4 /I>0. - y+--- Authorized Agent -/-7,"-• '
Address 0(9 jd IA,: f-/�'--s''' / : 'fi2 Project Location(County): f"2r 1 r n r '�¢
City ./) - '_,1-,1.,,,•C State JU e- '- ZIP 7-tip S / Street Address/State Road/Lot#(s) �`�/ ' t../AdA c..ef--`M
(( r �
Phone#( 2)r 79 ,2-99. • till, (k_' ..
Email ir,i'1,.7 fi-,-ti 6q-"'`'_..-272 a s2 4.--/ fie �. Subdivision L,t�y' / /..0 ,�.4
u 7
City e.-c..n _ //. /ZIP .2 c 7/r
Affected ❑CW r1 EW /�PTA ❑ES ❑pis Adj.Wtr.Body //L`61. - �• /c.._,r' ,-c --G~ J. (nat/I/unk)
AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PWS. Closest Maj.Wtr.Body Ai S,- Ave._
ORW:yes/no =PNA�yy/,no { '
Type of Project/Activity ;�l/( =.r / f✓ ° .''`` � - y) r�i r. -C L.. .•c=P",c>� / /1s-
2--7 ." 77/../4, \/ .-'( ,�c`O.K /d 'V /-5- 1,,I, ,.4-'- \ _ (Scale: f.20)
Shoreline Length' `� d'r / • . v J
Access Length } 11111111 .111011111111111111111111.1111111111111111111111111111111111. •�■/11.11�
Pier(dock)length III ■ .1MI IMI oirl1111111011111
Fixed Platform(s) - , m�
J _ Mailliln
Floating Platform(s) 1 muniimminatiarinumiammonnimumionsimiammoim
i Hi
Finger pier(s) / 1
' i - .�
f! i.' -'i'- �. 1111111.1111111111
Total Platform area /- " 1 1111111111111617111741111111111111111
Groinul length/# MIIIIIIIY ��■ ■� �L a ummlu.
NIIIIINIII
Bulkhead/Riprap length I � ■■ • `■
Avg distance,offshore o - •u� ■■• m.r ' .UB I■■u•*•■■ m■�
Breakwater/Sill ■ m•mmamm. • a■■ �au.aam• ■■■
Max distance/ j •■a •uaa•u• 1 aaaaa a•a■■■
fBasin distance/
annel length 0-4-1 IIMIMNIMIMIIIINMIIIIMIII��� ��i �111. ���
11
Cub ci yards - .7 mani� U 1 RI�I 11I
Boat ramp ■■ II.. (� ..� .■
Boathouse/Boatlift J,./ l* •U• R•*II��� �� �UR
OtherBeach Bulldozing OMIIMIII
/J � �•�s��� �■� � a� ����
�r� r liii Millliltllil�ii ■v� IIIIIIIIIIIIIIIIU
m ■ m� ■ ■ ■� mm� ■a� ■mm
SAV observed: .. yes 4 as m■ am C. a.■■ .. •I.
Moratorium: n/a yes �o� ummumulimi �.mpi ■ ■■
Site Photos: �� m
yes ono
Riparian Waiver Attached: yes no ammummi
A building permit/zoning permit may be required by: ,r^
Permit Conditions `7"). {,r O '� // /^2' n I � AWPAMcNEUSE/�UFFER(circle one)
/ i�K°�.JI d°,-� -)i?"�-J•/ ! / 74...[ r l�P'/ �L If ..0]'`�CA.{T-.+ / _ ..,�,.---''
-- / 0 r ® ✓
5I2<y,r 'ix?, G>_, /'= ris - 47ra 'Ci )"e ,o-, 'het C,e._ See note on back regarding River Basin rules
, . 0 e
❑See additional notes/conditions on back
I AM AWARE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWER COMPLIANCE STATEMENT. (Please Initial)
I ,
Agent or/Applicant?PRINTED Name? /� Permit dffie�' PRINTED Narne I i
/ .114/ Ali I ' . .-"—'— - 4/�P`e, C
Siig at/ir**Please read compliance statement on back of permit** gnature •-
i)G4 ` (t .20 0 I 152..--- rr•/. :77 , -/ -.i''„- 7 e -
Application Fee(s) Check#/Money Order Issuing Date . Expiration Date.
Statement of Compliance and Consistency
This permit is subject to compliance with this application and permit conditions. Any violation of these terms may`
subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for
compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this
permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the
local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s)
has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules
for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the
NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the
Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215).
Notes/Additional Permit Conditions:
Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized
project area and disposed of in an appropriate upland location.
Division of Coastal Management Offices
Morehead City Headquarters Washington District
400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889
252-808-2808/1-888-4RCOAST Fax:252-247-3330 252-946-6481
(Serves:Carteret,Craven—south of the Neuse River,Onslow Fax:252-948-0478
Counties) (Serves: Beaufort,Craven—north of the Neuse River,Hyde, Pamlico,
Tyrrell and Washington Counties)
Elizabeth City District Wilmington District
401 S.Griffin St.Ste.300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845
Elizabeth City, NC 27909 910-796-7215
252-264-3901 Fax:910-395-3964
(Serves: Bertie,Camden,Chowan,Currituck,Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties)
Pasquotank and Perquimans Counties)
http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021
°“"°�`�`%I; ICAMA-''❑`DREDGE & FILL N® 84975` ir, A <JC D
. " GENERAL PERMIT ? (01535
Date previous reus vous ltermit issued /'
P P
0 New ❑Modification ❑Complete Reissue ❑Partial Reissue
As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
1
I 5A NCAC _ r , ' ' ❑Rules attached. `EI General Permit Rules available at the following link:www.deq.nc.gov/CAMArules
1 ' ./ ,
Applicant Name - �P
''. -' t.e(r` / /t, ' / /•1•; iiI„,i^ /l-- Authorized Agent if''' '
Address ' •' i i, '. t -' ?. ' ' Project Location(County): r-
City ' - ' • State ` - ZIP ' ' ' / Street Address/State Road/Lot#(s) -•'i !,-- :'`,r-/ -�'"/'
I ,
Phone#(- -2) :
Email,- , . , ' - • • . '"-r='>'-- Subdivision
City _ '-c, ;.+ ZIP - '\ '..t f
/ -
Affected Ill CW r� EW El PTA n ES n PTS Adj.Wtr.Body ,' - i. - ' ' (nat/an/unk)
AEC(s): ❑OEA ❑IHA n UW U SPIMA ❑PWS Closest Maj.Wtr.Body % ./ r'` 't' .•-fir L•
ORW:yes/no PNA:;ye`s/no
Type of Project/Activity / r ,i, ,'
!; ✓' r,• i,,,7,, - •!•,; / r' /--"C.. • .J. • (1_ ,( /`. \ (Scale: / =)
Shoreline Length `r` ,
1111.111111
Access Length ■� ■■■ _ I ■
Pier(dock)lengtharm _, ,i amdlim r
Fixed Platform(s) ? {__� ■
--'-' mill is-,1111111111111111111111111011111111111
I _. REIN ' - II ill IIIM
'1
Floating Platform(s) 1111 ■ ■ • MIMI1111
F
Finger pier(s) I _'r� I a- ''7 -) i-r i• .: ) Ell NMI U
Total Platform area 'r I1` � ■
Groin length/# NMI )
.....r .... , , ............,.......
• Bulkhead/Riprap length fMEE 4_ IIIIIII __-_ _— ■
Avg distance offshore f "\ {
111111111111111111111111.111111111■ ■ iU 1 ■
1111111111111111111111111111
Breakwater/Sill ■■ ■■
Max distance/length r
Basin,channel "
L _
Cubic yards *'W% �- a
Boat ramp
■ ■
Boathouse/Boatlift /
■
Beach Bulldozing / 111 IrnU
imm
Other /
Mil ■■ ■■ ■ ■
11
SAV observed: • yes ho;
—I U■ ■11111111021 UU
Moratorium: n/a yes cno%
Site Photos: yes C,no,�� l--�--__ -- - L. Emeriiilin; 1
Riparian Waiver Attached: !yes ,no �_ 1
A building permit/zoning permit may be required by: -
I_ \-•TAR/PAM/NEUSE//BUFFER(circle one)
Permit Conditions I •. ' ' l _ ,;; / . /
. , ' • ,-,,• - - . ;i - , .',- , F.;,,-• ,•.c -, n See note on back regarding River Basin rules
/
❑ See additional notes/conditions on back
I AM AWARE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED..COMPLIANCE STATEMENT. (Please Initial)
1�1 I-'-I ?J , t�, . / ✓„•, :\/r.,
Agent or Applicant PRINTED Name/ / / Permit Officer's PRINTED Name / ..
Signature**Please read compliance statement on back of permit** Signature
(, I /
`•'fi Fi $ i ' 2.._- , I/ I i7 2-:L 7i /-, / ., r
Application Fee(s) Check#/Money Order Issuing Date Expiration Date
Statement of Compliance and Consistency
This permit is subject to compliance with this application and permit conditions. Any violation of these terms may
subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for
compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this
permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the
local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s)
has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules
for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the
NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the
Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215).
Notes/Additional Permit Conditions:
Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized
project area and disposed of in an appropriate upland location.
Division of Coastal Management Offices
Morehead City Headquarters Washington District
400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889
252-808-2808/1-888-4RCOAST Fax:252-247-3330 252-946-6481
(Serves:Carteret,Craven—south of the Neuse River,Onslow Fax:252-948-0478
Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico,
Tyrrell and Washington Counties)
Elizabeth City District Wilmington District
401 S.Griffin St.Ste.300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845
Elizabeth City, NC 27909 910-796-7215
252-264-3901 Fax:910-395-3964
(Serves:Bertie,Camden,Chowan,Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties)
Pasquotank and Perquimans Counties)
http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: (L
Address of Property: :2 0 lQ W t'6,•t t-3� - Pi ,21), `r-){ZL�Fyv� L ) C- �$%s"7
Mailing Address of Owner: Soli t -Q ► (�,)D Q t L. v\3 '.. 2 S
Owner's email: -eirri\lcitiee,k-ti-O jEctm,,t.lewn era's Phone#: 1-1 9—7(2 J
Agent's Name: Agent Phone#:
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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, must be provided with this letter.
/I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 943 Washington Square Mall, Washington, NC 27889..DCM representatives can also be
contacted at(252) 946-6481. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15'from my area of riparian access unless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacen Rion Property Owner
-OR-
1 do not wish to waive the 15' setback requirement(initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: �p� \-1 N1 g, , S-c Kik1
Mailing Address of ARPO: QO I1 3�`7 g{Li*cvJTl�l_1,.��. 2fg 57
ARPO's email. har_Lit r144„_►1,=1Cor,ARPO's Phone#: L) Id70—yo 0a _
Date: $�t( I�j *waiver is valid for up to one year from ARPO's Signature*
Revised May 2021
•
TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION &WAIVER FORMS
CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners(15A
NCAC 7J.0204(b)(5)). Proof of actual notice (a sign-off by the owner on this form) or certified mail return
receipts(showing delivery of notice)are needed,or any other method which satisfies the Local Permit Officer
(LPO) that a good faith effort has been made to provide notice.
. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development
so that they have an opportunity to provide comments(or potentially object tO)the proposed development,and
to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is
made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit;
however, permission must be obtained for certain types of proposed developments if they fall within a 15'
setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the
applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can
be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the
permit decision, insufficient notice could be a basis for granting such an appeal.
Who is an Adjacent Riparian Property Owner?
What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors)
• A property that shares a boundary line with the site of proposed development; AND
• A property that fronts a natural or manmade waterbody that is connected to coastal waters and
can support some form of navigation, even a kayak or canoe, including a common canal system'
or a manmade basin.
• Easement holders?Yes, if the easement could be impacted by the proposed development.
• Streets/Roads? Only if the street/road could be impacted by the proposed development. This
might include street-ends which might be used for parking and beach access.
• Holders of recognized submerged lands claims/shellfish franchises.
What is Riparian?
Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a
question about whether an adjacent property is considered "riparian," please reach out to DCM Staff -
especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water.
Who/What is a Property Owner?
For private individuals(or families), send notice to the address listed on the tax card. If the property is owned
by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of
<<; State's Corporations Look Up site: https://www.sosnc.gov/search/index/corp. For Condominiums or
neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a
corporation, for which you send notice to its registered agent).
What is Notice, and how do I ensure it is received?
• You can meet with your adjacent property owner, provide a description or drawing of the proposed
development, and ask them to sign this form and return it to DCM; OR
• You can hand-deliver this form and a description or drawing, and ask your neighbor to return it to
DCM (consider providing them with a stamped envelope); OR
• You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you
choose this option, you must provide either the signed & returned green card OR track the
certified mail package number on USPS.GOV's online tracking system, and provide the tracking
print-out as proof of delivery to DCM
If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and
we will work to answer your questions.
•
Revised May 2021
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: PLR ck..E- 1 A.k . �-►g jp,0
1
Address of Property: ?t o t9 ,Wr-vii-rrsUcc—ye... �nR� , 46tiTr�( _ r , C. „2.c 57 f .
Mailing Address of Owner:,�o f_tj.QR 5 7/
Owner's emaiFtrr1k a.tr_t ri 77Qr,fiL,c Owner's Phone#: Cso25a),2_y 9 —7,2-9 ?
Agent's Name: Agent Phone#:
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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, must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 943 Washington Square Mall, Washington, NC 27889. DCM representatives can also be
contacted at(252) 946-6481. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR •
-
I do not wish to waive the 15' setback requirement(initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address of ARPO:
ARPO's email: ARPO's Phone#:
Date: *waiver is valid for up to one year from ARPO's Signature*
Revised May 2021
TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION &WAIVER FORMS
CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners(15A
NCAC 7J.0204(b)(5)). Proof of actual notice (a sign-off by the owner on this form) or certified mail return
receipts(showing delivery of notice)are needed,or any other method which satisfies the Local Permit Officer
(LPO) that a good faith effort has been made to provide notice.
The purpose of this notice is to make adjacent riparian property owners aware of the proposed development
so that they have an opportunity to provide comments,(or potentially object to)the proposed development,and
to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is
made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit;
however, permission must be obtained for certain types of proposed developments if they fall within a 15'
setback area along the riparian access area of the adjacent property, as determined solely'by DCM. It is in the
applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can
be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the
permit decision, insufficient notice could be a basis for granting such an appeal.
Who is an Adjacent Riparian Property Owner?
What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors)
• A property that shares a boundary line with the site of proposed development; AND
• A property that fronts a natural or manmade waterbody that is connected to coastal waters and
can support some form of navigation, even a kayak or canoe, including a common canal system
or a manmade basin.
• Easement holders?Yes, if the easement could be impacted by the proposed development.
• Streets/Roads? Only if the street/road could be impacted by the proposed development. This
might include street-ends which might be used for parking and beach access.
• Holders of recognized submerged lands claims/shellfish franchises.
What is Riparian?
Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a
question about whether an adjacent property is considered "riparian," please reach out to DCM Staff -
espeoially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water.
Who/What is a Property Owner?
For private individuals(or families), send notice to the address listed on the tax card. If the property is owned
by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of
State's Corporations Look Up site: https://www.sosnc.gov/search/index/corp. For Condominiums or
neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a
corporation, for which you send notice to its registered agent).
What is Notice, and how do I ensure it is received?
• You can meet with your adjacent property owner, provide a description or drawing of the proposed
development, and ask them to sign this form and return it to DCM; OR
• You can hand-deliver this form and a description or drawing, and ask your neighbor to return it to
DCM (consider providing them with a stamped envelope); OR
• You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you
choose this option, you must provide either the signed & returned green card OR track the
certified mail package number on USPS.GOV's online tracking system, and provide the tracking
print-out as proof of delivery to DCM
If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and
we will work to answer your questions.
•
Revised May 2021
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SECTION.1500-GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING
CANALS,CHANNELS,BASINS,OR DITCHES IN ESTUARINE WATERS,PUBLIC TRUST WATERS,
AND COASTAL SHORELINE AECS
15A NCAC 07H.1501 PURPOSE
This permit for excavation within or connecting to existing canals, channels,basins, or ditches in estuarine waters,
public trust waters and coastal shoreline AECs shall allow excavation within existing canals, channels,basins, and
ditches in estuarine and public trust waters for the purpose of maintaining water depths and creating new boat basins
from non-wetland areas that will be used for private;non-commercial activities. This general permit is also subject
to the procedures outlined in Subchapter 7J.1100.
•
History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff..July 1, 1984;
Amended Eff.July 1,2015;December 1,1987.
•
15A NCAC 07H.1502 APPROVAL PROCEDURES
(a) The applicant for a general permit for excavation within or connecting to existing canals, channels,basins, or
ditches in estuarine waters,public trust waters and coastal shoreline areas of environmental concern shall contact the
Division of Coastal Management and req'hest approval for development. Applicants shall provide their name and
address,the site location,and the dimensions of the project area.
(b) The applicant must provide:
(1) A written statement signed by the adjacent riparian property owners indicating that they have no
objections to the proposed work;or
(2) Certified mail return receipts (or copies thereof) indicating that the adjacent riparian property
owners have been notified by certified mail of the proposed work. Such notice,should instruct
adjacent property owners to provide any comments on the proposed development in writing for
consideration by permitting officials to the Division of Coastal Management within ten days of
receipt of the notice, and indicate that no response will be interpreted as no objection.
(c) DCM staff will review the permit request and comments and determine,based on the potential impacts of the
proposed project,whether the proposed project complies with the requirements of this Section and can be approved
by a General Permit. If DCM staff fmds that the proposed project does not comply with the requirements of this
Section, the applicant will be notified that they must submit an application for a major development permit in
accordance with 15A NCAC 07J.0200.
(d) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management
representative to inspect and mark the proposed area of excavation and spoil disposal. Written authorization to
proceed with the proposed development may be issued during this site visit. All excavation shall be completed
within 120 days of the date of permit issuance.
:History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113 229(cl);
Eff July 1, 1984;
Amended Eff July I, 2015;January 1, 1990;December 1, 1987.
15A NCAC 07H.1503 APPLICATION FEE
The applicant shall pay a permit fee of two hundred dollars($200.00)for maintenance excavation of 100 cubic yards
or less or four hundred dollars($400.00)for maintenance excavation of 100 to 1,000 cubic yards. Permit fees shall
be paid by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119;113A-119.1; 113A-124;
Eff July 1, 1984;
Amended Eff September 1, 2006;August 1, 2000;March 1, 1991.
15A NCAC 07H.1504 GENERAL CONDITIONS
(a) Individuals shall allow representatives of the Division of Coastal Management to make periodic inspections at
any time necessary to ensure that the activity being performed under authority of this general permit for excavation
within or connecting to existing canals, channels, basins, or ditches in estuarine waters, public trust waters and
coastal shoreline areas of environmental concern, is in accordance with the terms and conditions set forth in this
Section.
(b) This general permit shall not be applicable to proposed maintenance excavation when the Division determines
that the proposed activity will adversely affect adjacent property.
(c) This permit shall.not be applicable to proposed construction where the Division has determined, based on an
initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are
unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air
quality;coastal wetlands;cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(d) No new basins shall be allowed that result in closure of shellfish waters according to the closure policy of the
Division of Marine Fisheries, 15A NCAC 18A.0911.
(e) This permit shall not eliminate the need to obtain any other required state,local, or federal authorization,nor to
abide by regulations adopted by any federal or other state agency.
(f) Development carried out under this permit shall be consistent with all local requirements,AEC rules, and local
Land Use Plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff.July 1, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff.July 1,2015;August 1, 1998;July 1, 1994.
15A NCAC 07H.1505 SPECIFIC CONDITIONS
Proposed maintenance excavation shall meet each of the following specific conditions to be eligible for
authorization by this general permit.
(1) New basins shall be allowed only when they are located entirely in highground and join existing
man-made canals or basins.
(2) New basins shall be no larger than 50'in either length or width and no deeper than the waters they
join.
(3) New basins shall be for the private non-commercial use of the land owner.
(4) Maintenance excavation shall involve the removal of no more than 1,000 cubic yards of material
as part of a single and complete project.
(5) All excavated material shall be placed entirely on high ground above the mean high tide or
ordinary high water line,and above any marsh or other wetland.
(6) All spoil material shall be stabilized or retained so as to prevent any excavated material from
re-entering the surrounding waters,marsh or other wetlands.
(7) The proposed project shall not involve the excavation of any marsh,submerged aquatic vegetation
(as defined at 15A NCAC 03I.0101 by the Marine Fisheries Commission),or other wetlands.
(8) Maintenance excavation shall not exceed the original dimensions of the canal, channel, basin or
ditch and in no case be deeper than 6 feet below mean low water or ordinary low water,nor deeper
than connecting channels.
(9) Proposed excavation shall not promote or provide the opportunity for a change to a public or
commercial use at the time of project review.
(10) Maintenance excavation as well as excavation of new basins shall not be allowed within or with'
connections to primary nursery areas without prior approval from the Division of Marine Fisheries
or Wildlife Resources Commission(whichever is applicable).
(11) Bulkheads shall be allowed as a structural component on one or more sides of the permitted basin
to stabilize the shoreline from erosion.
(12) The bulkhead shall not exceed a distance of two feet waterward of the normal high water or •
normal water level at any point along its alignment.
(13) Bulkheads shall be constructed of vinyl or steel sheet pile, concrete, stone, timber, or other
suitable materials approved by the Division of Coastal Management. Approval of other suitable
materials shall be based upon the potential environmental impacts of the.proposed material.
r/`
(14) All backfill material shall be obtained from an upland source pursuant to 15A NCAC 07H .0208.
The bulkhead shall be constructed prior to any backfilling activities and shall be structurally tight
so as to prevent seepage of backfill materials through the structure.
(15) Construction of bulkhead authorized by this general permit in conjunction with bulkhead
authorized under 15A NCAC 07H.1100 shall be limited to a combined maximum shoreline length
of 500 feet.
History Note: Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff July 1, 1984;
Amended Eff.July 1, 2015;September 1, 1988;December 1, 1987.
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From: Mei Gattenby mei@gattenby.com
Subject: Scan Aug 20, 2021 at 1.33 PM
Date: Aug 20, 2021 at 2:34:36 PM
To: Terry Halpern terryhalpern77@gmail.com
Hi Terry,
Sorry it took so long but here it is.
Mei
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From: Harrison,James A
Sent: Tuesday,August 3, 2021 10:45 AM
To: Vaughan, Kent D
Subject: Re: Dredge Project
With it only being 70 cy, if they can put in a curtain, I'm fine with allowing it during the moratorium.
Jimmy Harrison
habitat and Enhancement Section
NC Division of Marine risheries .
james.harrison@ncdenr.gov
25 2-9+8-5 8 3 5 (Office)
757-272-5250 (Mobile-Preferred)
2�x�y
4e PI SW
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:Vaughan, Kent D<kent.vaughan@ncdenr.gov>
Sent:Tuesday,August 3,2021 10:42 AM
To: Harrison,James A<James.Harrison@ncdenr.gov>
Subject: RE: Dredge Project
I measure to be around 70 Cubic yards and would only be for the north side (lift side)of basin.
From: Harrison,James A
Sent:Tuesday,August 3,2021 10:37 AM
To:Vaughan, Kent D<kent.vaughan@ncdenr.gov>
Subject: Re: Dredge Project
Since it would be maintenance,the moratorium would be April 1 - Sept 30. But, if it's a small amount to be
dredged and if they can use a curtain(and keep the curtain in place for 72 hours after dredging is done), I may
be able to grant moratorium relief. r.
Jimmy Harrison
Habitat and Enhancement Section
NC Division of Marine risheries
james.harrison@ncdenr.gov
1
25 2-548-3 835 (Office)
757-272-3230 (Mobile-Preferred)
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r4
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:Vaughan, Kent D<kent.vaughan@ncdenr.gov>
Sent:Tuesday,August 3,2021 10:32 AM
To: Harrison,James A<James.Harrison@ncdenr.gov>
Subject: RE: Dredge Project
Sorry meant to include that. 306 Whitaker Point Rd.Oriental. It is an existing basin off a main canal.
From: Harrison,James A
Sent:Tuesday,August 3,2021 10:29 AM
To:Vaughan, Kent D<kent.vaughan@ncdenr.gov>
Subject: Re: Dredge Project
Good morning Kent,
What's the address for the site?I'll be able to provide better feedback/recommendations with that info.
Generally speaking, if the basin has previously had a permit to dredge,then maintenance dredging is fine. The
moratorium would be April 1 - Sept 30. If this is for new dredging that hasn't been previously permitted, DMF
will be opposed to the permit(per DMF guidance docs).
Also, if it is maintenance dredging and a turbidity curtain can be installed to keep the basin separated,we may
be able to grant moratorium relief, depending on dredge quantity.
Hope this helps!
Jimmy
,Jimmy Harrison
habitat and Enhancement Section
NC Division of Marine risheries
James.harrison@ncdenr.gov
252-9+8-3835 (Office)
757-272-3 23o (Mobile-Preferred)
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:Vaughan, Kent D<kent.vaughan( ncdenr.gov>
Sent:Tuesday,August 3,2021 10:19 AM
To: Harrison,James A<James.Harrison@ncdenr.gov>
Subject: Dredge Project
I have a homeowner that want to clean out his boat basin in a canal up Whitaker Creek off the Neuse. It is in PNA but
not sure what the dates are for any moratorium.
Kent Vaughan
Field Representitive, Division of Coastal Management
North Carolina Department of Environmental Quality
252 946-6481 office
252 948 3853 direct office •
Kent.vaughan@ncdenr.gov
943 Washington Square Mall
Washington, North Carolina 27889
NC; Nothing Compares--t..,
Email correspondence to and from this address is subject to the •
North Carolina Public Records Law and may be disclosed to third parties.
•