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HomeMy WebLinkAbout87354C - O'Conner, John & ReneAMA ❑ DREDGE & FILL ENERAL PERMIT Na 87354 Previous permit Date previous permit issued A B C� New [:]Modification ❑ Complete Reissue ❑ Partial Reissue the ^State IN rSlh ar(gkr+Jp Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: / +4 1 � �./ ❑ Rules attached. ❑ General Permit Rules available at the following link: vnwv deck gov/CAMAM1-PA Affected ❑ cw AEC(s): ❑OEA ORW: yes/® ❑EW ❑ IHA Type of Project/ Activity Shoreline Length /bJ Access Length �— Pier (dock)length �_ Fixed Platform(s)''—' Floating Platform(s) Finger piers) PNA: ❑ PTA ❑ uw . Total Platform area Groin length/# Bulkhead/ i{fra ngth Avg distance o share 2 Breakwater/Sill �"-- Max distance/ length Basin, channel Cubicyards Boat ramp Boathouse/ Boatlift Beach Bulldozing— � Other SAV observed: yes (Vn Moratorium: n/a yes Site Photos: yes Riparian Waiver Attached: yes A building permit/zoning*Permitgay be requ [AM l ICI / I f /1r►_71 a �lI l ❑ See note on back regarding River Basin rules .. n �. ❑ See additional notes/conditions on back Feels) compliance statement on of permit' Signature qq I nd S I � 1 V Check#/Money Order IssuingD a Expi lion ate Proposed work: O'Connor residence 105 Circle Dr. Beaufort, NC. 28516 Justification: Increased tidal flow from the Turner Street Bridge improvement project has caused accelerated erosion along the western edge and southwestern corner of my property. The mean elevation of the land has dropped 18"-24" over the course of the last 4 years. The area depicted in the attached drawing (yellow triangle) has been the area most affected. Erosion from the marsh and tidal creek have caused undermining of the land, therefore causing sinking and loss of land into the marsh. I have already lost an estimated 450 sq/ft of property, with more sinking occurring regularly. If actions are not taken, I will continue to lose maintained landscape and actual acreage. Cont�inued loss of actual yard, parking area, and then eventually driveway and carport are expected if this goes unaddressed. Proposal: My proposed actions will be the least invasive method possible to preserve my property, while not affecting the marsh, tidal creek, or coastal waters. The Red Line depicted in the drawing will be the extent of work to take place. Rock and Rip -rap, sized between 8"-14" will be used as a base layer along the marsh edge. Prior to initially laying the rock, 6oz geotextile will be laid down, rock applied over geotex, then extend 15' behind reinforcement, towards the house and garage. Additional rock will be placed, neatly and uniformly, until a height of 30" is achieved. An estimated 40 cubic yards of native sand will then be brought in to back fill the improved area, returning the affected area to the height it once was. The area will not be raised or improved beyond the height that it was 3-5 years ago. The greatest proposed increase to grade will be 24" closest to the improved rock perimeter. All work will be performed by myself and a local licensed contractor. RECEIVED MAR 16 '1022 DCM-MHD CITY 10 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: )a, a Pe,e O�6 v�r• a r L Address of Property: io ic; rcl , Mailing Address of Owner: owner's emaill G.COP-Owner's Phone#: Agent's Name: Agent's Email: Agent Phone#: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adiacent 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. r 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 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 808.2808. 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.) n t I DO wish to waive sometall of the 15' setback Signature of Adjacent Rijp_aanaann P�ropertyy owner 11019 I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner. Typed/Printed name of ARPO:r Mailing Address of ARPO: C D f ea lhl�f� 11 !"i �,J 1 ARPO's email:) Y'([` h 1 MVh(l J1 (�, ARPO's Phone#: I'� MaA ICbYv- Date: IZ 1 02 '�laiver is valid for up to one year from ARPO's Signature" Revised May 2021 MAR 16 M?? DCM-MHO CITY CERTIFIED MAIL) RECEIPT Ir Domostic Mail Only CI N $3.75 0942 m s 10 D^ em k+ —�arze ❑womnatlq Peimo�» s-- 0�r W( a s_ $0 00 Posunaec o ❑c "W{"aera."a.eomne,r $--40 A9-- Rey. C30temi s�ar••em awwa s_59.09"'. ❑aens�� D&, s 0 $0.58 01/18/2022 O $7.38 .-7 Som To fU'• O .^>iiest eiaA�a. Nu.,'oi FlTos7v`d.'• ........................__..._. .................. M1 ■ Complete items 1, 2, and 3. A. re n r a Print your name and address on the reverse X t!j/Agent so that we can return the card to you. °��� Addressee r Attach this card to the back of the mailplece, ReceNed by Nam 0of •sexy or on the front if space permits. ,)7W fHl ( ! /� y L 1. 21 K. 1. Article Addressedto: �rnMI�.J�r�c ��Cntni , D. Is delivery address ciftent from Item1 ❑Yes iver If YES, enter dey aOrm below. [3No iv3 C�rele �G. NIIIIIIIIIIIilllillllllllllllllllllllllllllll 1Lt oSQ*WWman- flmt&WDOINy fl�Ma RmMWed " 9590 9402 6834 1074 6434 82 �Ma 0 Mall FeSOW oarea O sC�ftwTM ❑ meet, on Deinrery 0coy.wDelNaryfleameted13"ry O1iandW ❑ alma owfimmum fl031dctedWtveq .,.....e..,_..........,..w,,..e 7021�0950 0001 9821 0999 O olreured�ifl�ldcled Deri�Y Domestic Return Re ipt „t PS Form 3811 „July 2020 PSN 7530.02400.9= RECEI MAR 16 r.ur DCM-MHD CITY r' c a rn 6'L �WN N « m(V x v o yc �vZ C a o = L G1 ygo Q u p cq cq S IL OVA N = sea, RECEIVImp JAN 06 2022 ®CIW-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: �Jt'� `r� �^e / CIO V'\ r ( Address of Property: a `C` e 1� f �' Y—ALIT i Mailing Address of Owner: v—= - J/1�pzod Owner's email0\-%^oC• COINner'sPhone#: Agent's Name: Agent's Email: Agent 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. 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 400 Commerce Ave., Morehead City, NC 28557, DCM representatives can also be contacted at (252) 808-2808. 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 -O R- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of AR Mailing Address of ARPO: PO: aq�,Ae4d 103 i�irc121yr �Pa i��.28Sf� ARPO's email: ° e J� c OARPO's Phone#: oZZ��/o2 I . Date:waiver is valid for up to one year from ARPO's Signature* [[oo� Re REP5byl�g)2I ,JAN 06 2022 pa DCM-MHD CITY T I -. Proposed work: O'Connor residence 105 Circle Dr. Beaufort, NC. 28516 Justification: Increased tidal flow from the Turner Street Bridge improvement project has caused accelerated erosion along the western edge and southwestern corner of my property. The mean elevation of the land has dropped 18"-24" over the course of the last 4 years. The area depicted in the attached drawing (yellow triangle) has been the area most affected. Erosion from the marsh and tidal creek have caused undermining of the land, therefore causing sinking and loss of land into the marsh. I have already lost an estimated 450 sq/ft of property, with more sinking occurring regularly. If actions are not taken, I will continue to lose maintained landscape and actual acreage. Continued loss of actual yard, parking area, and then eventually driveway and carport are expected if this goes unaddressed. Proposal: My proposed actions will be the least invasive method possible to preserve my property, while not affecting the marsh, tidal creek, or coastal waters. The Red Line depicted in the drawing will be the extent of work to take place. Rock and Rip -rap, sized between 8"-14" will be used as a base layer along the marsh edge. Prior to initially laying the rock, 6oz geotextile will be laid down, rock applied over geotex, then extend 15' behind reinforcement, towards the house and garage. Additional rock will be placed, neatly and uniformly, until a height of 30" is achieved. An estimated 40 cubic yards of native sand will then be brought in to back fill the improved area, returning the affected area to the height it once was. The area will not be raised or improved beyond the height that it was 3-5 years ago. The greatest proposed increase to grade will be 24" closest to the improved rock perimeter. All work will be performed by myself and a local licensed contractor. RECEIVED JAN 06 ZOO DCM-MHD CITY Asa 15A CAMA ❑ DREDGE & FILL N° 87354 A B Previous permit GENERAL PERMIT Date previous Permit issued - [j New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue e by the State Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: lu1 lLly V ❑ Rules attached. ❑ General Permit Rules available at the following link: vvw_wckg n" °ov/CAMA roles Applicant Name it Address City . Phone # CZ1 Email Affected ❑CW AEC(s): ❑OEA ORW: yes/� ❑ EW ❑ IHA PNA: Type of Project/ Activity ❑ PTA ❑ uW ES SPIMA ❑ PTS ❑ PWS Adj. Wtr. Body J_]? u Closest Mai. Wtr. Body Shoreline Length" Access Length- r---- J Pier (dock) length /+11� Fixed Platform(s) _ �/ - / / l/ - / Floating Platforms) - _.. ,\// - / - .•/ - Finger pier(s) Total Platform area Groin length/# Bulkhead/ Era ngth. CJh � Avg distance o shore y .N lJw� - Breakwater/Sill Max distance/length Basin, channel- Cubicyards Boat ramp / ( f `t^V/ Boathouse/ 8oatlift /�' /_ / I\ Beach 8ulldozing—� e�t Other /�.Jt Vl� MoSAVratorium: obseratoriu : yes n Moratorium: n/a yes Site Photos: yes n -� Riparian Waiver Attached: yes no A building permit/zonin ermit ay be requir d y: ❑ TAR/PAM/NEUSE/BUFFER (circle one) Permit Conditions ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back compliance statement on back of permit * Signature T/ rt;ark u/Monev Order lssul�Date Expihtton bate ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 9, 2022 Ms. Pamela R. Wyrick 103 Circle Drive Beaufort, NC 28516 Dear Ms. Wyrick: NORTH CAROLINA Environmenta/Quality This letter is in response to your letter dated January 6, 2022 regarding your concerns about the proposal by Mr. John O'Connor to install riprap along the high ground portion of his property located at 105 Circle Drive in Beaufort, Carteret County. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission (7H. 1100), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days after the disputed permit decision is made. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at (252) 808-2808, if you have any questions, or if I can provide any additional information. Sincerely, 0 Heather Styron Field Specialist «vammi a ewa�.+.�w mmaw� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252,515.5400 15A NCAC 07H .1101 PURPOSE A permit for construction of bulkheads and riprap revetments under this section shall allow the construction of bulkheads and riprap revetments for shoreline protection in the public trust waters and estuarine waters AECs subject to the procedures outlined in Subchapter 071, Section .1100 and according to the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjoining Ocean Erodible Area, History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-11&1; 113A-124; 113-229; Ejf. March 1, 1984; - AmendedEff July 1, 2009; April 1, 2003; Readopted Ef. April 1, 2022. 15A NCAC 07H .1102 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. (b) The applicant shall provide: (1) provide site location, dimensions of the project area, and the appiic urfs name and address, confirmation that the applicant has obtained a written statement, signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirmation that the applicant has notified adjacent riparian property owners by certified mail of the proposed work. The notice shall instruct adjacent property owners to provide written comments on the proposed development to DCM within 10 days of receipt of the, notice and indicate that no response shall be interpreted as no objection. DCM shall review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM determines that the project exceeds the guidelines established by the General Permit process provided in 15A NCAC 07J .1100, DCM shall notify the applicant that an application for a major development permit shall be requited. (c) No work shall begin until an on -site meeting is held with the applicant and a DCM representative so that the proposed alignment may be marked. A General Permit to proceed with the proposed development shall be issued if the DCM representative finds that the application meets all the requirements of this Rule. Construction of the bulkhead or riprap revetment shall be completed within 120 days of the issuance of the general permit or the authorization shall expire and it shall be necessary to re-examine the structure alignment to determine if the general permit may be reissued. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; 113A- 118; 113A-120; 113-229; Ef. . March 1, 1984; Amended Eff. July 1, 2009; October 1, 2007; September 1, 2006, January 1, 1990; December 1, 1987; Readopted Ef, April 1, 2022. 15A NCAC 07H .1103 PERXfT FEE The applicant shall pay a permit fee of two hundred dollars ($200.00) for riprap revetments sited at or above normal high water or normal water level, or a permit fee of four hundred dollars ($400.00) for riprap revetments sited below normal high water or normal water level. The applicant shall pay a permit fee of four hundred dollars ($400.00) for bulkheads. 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; 113-119.1; 113A-124; 113-229; Eff. March 1, 1984; Amended Eff. October 5, 2009; September 1, 2006; August 1, 2000; March 1, 1991; Readopted Eff. April 1, 2022. 15A NCAC 07H .1304 GENERAL CONDMONS (a) This permit authorizes only the construction of bulkheads and riprap revetments conforming to the standards in this Section. (b) Individuals shall allow authorized representatives of the Department of Environmental Quality to make inspections at any time in order to ensure that the activity being performed under authority of this general permit is in accordance with the tens and conditions prescribed herein. (c) There shall be no interference with the use of the waters by the public by the existence of the bulkhead or the riprap revetment authorized herein. Bulkheads and riprap revetments authorized in this Section shall not interfere with the established or traditional rights of navigation of the waters by the public. (d) This permit shall not be applicable to proposed construction where the Division of Coastal Management has determined, based on an initial review of the application, that notice and review pursuant to G.S. I I3A-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. (e) This permit shall not eliminate the need to obtain any other required State, local, or federal authorization. - (f) Development carried out under permit set forth in this Section shall be consistent with all State, federal, local requirements, and local land use plans current at the time of authorization. Development carried out under the permit set forth in this Section shall be consistent with all State, federal, local requirements, and local land use plans current at the time of authorization. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118. 1; 113A-124; 113-229; Eff. March 1, 1984; Amended Eff. May 1, 1990; December], 1987; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. July 1, 2009; August 1, 1998; July 1, 1994; Readopted Eff. April 1, 2022. 15A NCAC 07H .1105 SPECIFIC CONDITIONS (a) Along shorelines void of wetland vegetation: (1) New bulkheads shall have an average approximation of nonal high water or normal water level. The bulkhead position shall not exceed a distance of five feet waterward of normal high water or normal water level at any point along its alignment. (2) New bulkheads or riprap revetments on shorelines within manmade upland basins, canals, and ditches, shall be positioned so as not to exceed an average distance of two feet and maximum distance of five feet waterward of normal high water or normal water level. (3) When replacing an existing bulkhead, the new alignment shall be positioned so as not to exceed a maximum distance of two feet waterward of the current bulkhead alignment. To tie into a like structure on the adjacent property, replacement bulkhead position shall not exceed a maximum distance of five feet waterward of the current bulkhead alignment. When replacing a bulkhead where lands landward of the bukhead were lost in the last year, bulkheads shall be positioned a maximum of two feet wwcnvwd of the original or existing alignment. (4) Riprap revetments shall be positioned so as not to exceed a maximum distance of 10 feet waterward of the normal high water or normal water level at any point along its alignment. (b) Along shorelines with wetland vegetation, bulkheads and riprap revetments shall be positioned so that all construction is to be accomplished landward of such vegetation. (c) Bulkheads shall be constructed of vinyl, steel sheet pile, concrete, stone, timber, or other materials approved by the Division of Coastal Management. (d) Rpprap revetments shall be constructed of granite, marl, concrete without exposed rebar, or other materials approved by the Division of Coastal Management. - (e) Revetment material shall be free from loose dirt or other materials not approved by the Division of Coastal Management. (f) Revetment material shall be of size approved by the Division of Coastal Management to prevent movement of the material from the site by wave action or currents. (g) Construction design for riprap revetments shall take into consideration the height of the area to be protected i.e., bulkhead height, escarpment height, water depth, and the alignment shall allow for a slope no flatter than three feet horizontal per one fact vertical and no steeper than 1 %: feet horizontal per one foot vertical. (h) All backfrll material shall be obtained from an upland source pursuant to I SA NCAC 07H .0208. The bulkhead or riprap revetment shall be constructed prior to any backfilling activities and shall be structurally tight so as to prevent seepage of backbll materials through the structure. (i) No excavation, grading or fill shall be permitted except for that which may be required for the construction of the bulkhead or riprap revetment This permit shall not authorize any excavation waterward of the approved alignment. 0) Runoff from construction shall not increase the amount of suspended sediments in adjacent waters. Sedimentation and erosion control devices, measures, or structures shall be implemented to ensure that eroded materials do no enter adjacent wetlands, watercourses and property, e.g. silt fence, diversion swales or berms, sand fence, etc. (k) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan shall be filed with and approved by the Division of Energy, Mineral, and Land Resources, or local government having and a delegated program prior to commencing the land -disturbing activity. (1) For the purposes of these Rules, the Atlantic Intracoastal Waterway (ANJW) is considered a natural shoreline. (m) Construction authorized by this general permit shall be limited to a maximum shoreline length of 500 feet. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118. 1; 113A-124,,113-229; Eff. March 1, 1984; Amended Eff. August 1, 2012 (see S.L. 2012.143, s.1.(n); July 1, 2009; April 1, 2005; December 1, 1991; January 1, 1989; December 1, 1987; Readopted Ef.. April 1, 2021. CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME DCM FORM 5 DCM FILE No -.— COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. Ifyou cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Parry Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.l(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by,the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly 'affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and arguments you would present at a hearing in support of your appeal explaining why the permit was improperly issued.) Please answer these questions on a separate piece of paper and attach it to this form. The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission. These opinions note that the practice of non -lawyer professionals, such as engineers, surveyors or contractors, representing others in quasi-judicial proceedings through written argument may be considered the practice of law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a non -lawyer represent your interests through preparation of this Petition. DELIVERY OF THIS HEARING REQUEST This request must be received by the Division of Coastal Management (DCM) within twenty (20) days of the date of the disputed permit decision. N.C.G.S. § I13A-121.1(b). Failure to do so constitutes waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b). Contact Information for DCM: By mail, express mail or hand delivery: Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 By Fax: (252)247-3330 By Email: Check DCM website for the email address of the current DCM Director www.nceoastalmanagement.net Contact Information for Attorney General's Office: By U.S. mail: Environmental Division 9001 Mail Service Center Raleigh, NC 27699-9001 By express mail: Environmental Division 114 W. Edenton Street Raleigh, NC 27603 By Fax: (919)716-6767 Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Printed Name of Petitioner or Attorney Mailing Address City State Zip Updated: February 2011 Date Email address of Petitioner or Attorney Telephone number of Petitioner or Attorney Fax number of Petitioner or Attorney