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HomeMy WebLinkAboutNTB_05-03_WiderLocal Government Per�mi�umber - CAMA with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. DEVELOPMENT FOR BEACH BULLDOZING - 7H. 1800 1. The area in which this activity is being performed must maintain a slope of adequate grade so as to not endanger the public or the public's use of the beach and should follow the pre -emergency slopes as closely as possible. The movement of material by a bulldozer, fronted loader, backhoe, scraper or any type of earth moving or construction equipment shall not exceed 1 foot in depth measured from the pre -activity surface elevation. 2. The activity must not exceed the lateral bounds of the applicant's property unless he has the written permission of the adjoining landowner(s). 3. Movement of material from seaward of the mean high water line is not authorized 4. The activity must not significantly increase erosion on neighboring properties and must not have a significant adverse effect on important natural or cultural resources. 5. Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can be successfully completed 6. In order to minimize adverse impacts to nesting sea turtles, no work shall occur within the period of May 1 through November 15 of any year, without the prior approval of the Town of North Topsail Beach, Division of Coastal Management, in coordination with the North Carolina Wildlife Resources Commission, the United States Fish and Wildlife Service and the United States Army Corps of Engineers. 7. If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having jurisdiction. This plan must be approved prior to commencing the land disturbing activity. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m,.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work mus w n this ermf[ a rues on ;���o�S In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party withgR the written approval of the Division of Coastal Management. Local Permit ricer (signature) cL�ao !WC,�,�� e address Permittee (signature required if special conditions above apply to permit) (IN"Work permitted by this general permit shall be subject to the following limitations: A) no work shall be permitted other than that which is necessary to real ly protect against or reduce the imminent danger caused by the emergency or to res a damaged property to its condition immediately before the emergency; (B) erosion control structure shall be located no more 0torerosiz e endangered stet e; (C) any fill terials used in conjunction witha ency work orm Yacits obtained fr an upland source except th redging for fill al tA, gtpublic transportation 'dors will be co ' ered in accordance with the standaA �i �q NCAC .0208; C V "'uJ (D) all fill materials or s associated with temporary reellocaii�w'�,,, cated ' Coastal Wetlands, Es Water, or Public Trust AECs shall be remoSE�*01r, &merg cy event has ended a area r ored to pre -disturbed conditions, aFjl� 1�' (2) This permit >tie ho ' es the immediate p ection or temporary rehabilitation or relocation oi-;A.'tmg public faciling-temr stabilization or re tion of public facilities shall be consistent with local governmentsaster recovery plans and polio which are part of their Land Use Plans. History Note: Auth ty G.S. 113-229(cl), 113A-107(a),(b); 113A-113(b); 118.1; Eff. November 1, 1985; ended Eff. April 1, 1999; February 1, 1996; June 1,1995; emporary Amendment Eff. July 1, 2000, May 12, 2000. SECTION .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING LANDWARD OF THE MEAN HIGH WATER MARK IN THE OCEAN HAZARD AEC 15A NCAC 07H .1801 PURPOSE This permit will allow beach bulldozing needed to reconstruct or repair frontal and/or primary dune systems. For the purpose of this general permit, beach bulldozing is defined as the process of moving natural beach material from any point seaward of the first line of stable vegetation to repair damage to frontal and/or primary dunes caused by a major storm event. This general permit is being developed according to the procedures outlined in Subchapter 7J .1100 and will apply only to the Ocean Erodible AEC. This general permit shall not apply to the Inlet Hazard AEC. History Note: Authority G.S. 113-129(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1; Eff. December], 1987. 15A NCAC 07H .1802 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management or local permit officer (LPO) and complete an application form requesting approval for development. The applicant shall provide information on site location, dimensions of the project area, and his name and address. (b) The applicant must provide: (1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirmation 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. DCM staff will review all comments and determine, based on their relevance to the potential impacts ofthe proposed project, if the proposed project can be approved by a General Permit. IfDCM stafffinds that the comments are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. (c) No work shall begin until an on -site meeting is held with the applicant and appropriate LPO or Division of Coastal Management representative so that the existing first line of stable natural vegetation can be appropriately marked and recorded on the application. Written authorization to proceed with the proposed development may be issued during this visit. All bulldozing must be completed within 30 days of the date of permit issuance or the generakAgthorization. expires. History Note: Authority G. S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118 Eff. December 1, 1987; vllgo, �P771 Amended Eff. January 1, 1990. RAY 0? 200 C0,4S O/V/S/p 15A NCAC 07H .1803 PERMIT FEE q� N The applicant must pay a permit fee of one hundred dollars ($100.00) by check or money order payYl8d �1 p ent. History Note: Authority G.S. 113-229(cl); 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; FNT Eff. December 1, 1987; Amended Eff. August 1, 2000; March 1, 1991. 15A NCAC 07H .1804 GENERAL CONDITIONS (a) Any future setback determinations which may be required shall be made using the first line of stable natural vegetation established prior to the bulldozing activity. (b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary to ensure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) This permit will not be applicable to proposed construction where the Department 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. If a shipwreck is unearthed, all work shall stop and both the Division of Archives and History and Coastal Management shall be contacted immediately- (d) This permit does not eliminate the need to obtain any other required state, local or federal authorization. (e) Development carried out under this permit must be consistent with all local requirements, AEC rules, and local Land Use Plans current at the time of authorization. History Note: Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1; Eff. December 1, 1987; Amended Eff. May 1, 1990, RR Objection due to ambiguity Eff. May 19, 1994; Amended Eff. August 1,1998; July 1, 1994. 15A NCAC 07H .1805 SPECIFIC CONDITIONS (a) The area in which this activity is being perforated must maintain a slope of adequate grade so as to not endanger the public or the public's use of the beach and should follow the pre -emergency slopes as closely as possible. The movement of material by a bulldozer, front-end loader, backhoe, scraper or any type of earth moving or construction equipment shall not exceed 1 foot in depth measured from the pre -activity surface elevation. (b) The activity must not exceed the lateral bounds of the applicant's property unless he has the written permission of the adjoining landowner(s). (c) Movement of material from seaward of the mean high water line is not authorized. (d) The activity must not demonstratively increase erosion on neighboring properties. (e) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can be successfully completed. (f) In order to minimize adverse impacts to nesting sea turtles, no work shall occur within the period of May 1 through November 15 of any year, without the prior approval of the Division of Coastal Management, in coordination with the North Carolina Wildlife Resources Commission, the United States Fish and Wildlife Service and the United States Army Corps of Engineers, that the work can be accomplished without adversely impacting sea turtle nests or suitable nesting habitat. (g) If one contiguous acre or more of oceanfront property is to be excavated or filled, sj �n, and sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or Cvernment having jurisdiction. This plan must be approved prior to commencing the land disturbing a �G .9 History Note: Authority G.S. 113-219(cl); 113A-107(a)(b); 113A-113(b); 113 .1; Eff. December 1, 1987; MAY 82 ?J Temporary Amendment Eff. September 2, 1998; co', Q(V1 _V•� AmendedEff. August 1, 2000. S7.q 8/O/qV,F� SECTION .1900 — GENERAL PERMIT TO ALLOW FOR TEMPORARY ST5UCTURES AL SHORELINES AND OCEAN HAZARD AECS A NCAC e7H 'Sec PURPOSE A p t under this Section shall allow for the placement of temporary structures within estuarine and publ' trust shorelines, and o an hazard AECs according to the provisions provided in Subchapter 7J .1100 and accordin to the rules in this Section. History Note: Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1; V. March 1, 1989; / A ded Eff. August 1, 2000. 15A NCAC 07H .1902 PROVAL PROCEDURES (a) The applicant must con t the Division of Coastal Management and c lete a general permit application form requesting approval for develo c Applicants shall provide information site location, dimensions of the project area, proposed activity, name, address, telephone number. (b) The applicant must provide: (1) confirmation that a wn statement has been ob med signed by the adjacent riparian r erty owners indicating that they have obj (2) confmnationthat the adjacen work. Such notice should instr development in writing for com within ten days of receipt of the DCM staff will review all comet proposed project, if the proos p comments are worthy of19 p op to the p posed work; or top owners have been notified by certified mail ofthe proposed .c property owners to provide any comments on the proposed by permitting officials to the Division of Coastal Management indicate that no response will be interpreted as no objection. I termine, based ontheir relevance tothe potential impacts ofthe t caftt approved by a General Permit. If DCM stafffinds that the h review,, the applicant will be notified that he rrnrst submit an application f/thite elopment permit (c) No work shall begin uneeting is held with the licant and a Division of -Coastal Management representative to inspect and mconstruction of the propose development. Written authorization to proceed with the proposed developmenby the Division during this visr All work must be completed and the strucuue removed within 180 days followritten authorization is issued. History Note: Author!G.S. 113-129(el); 113A-107(a)(b); 113A-113(b); I Eff. rch 1, 1989; .4 rqAded Eff. January 1, 1990. 15A NCA 07H .1903 PERMIT FEE The a cant must pay a pemtit fee of one hundred dollars (S 100.00) by check or money order payab o the Department. H' oryNote: Authority G.S.113-229(cl); 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; Eff. March 1, 1989; Amended Eff. August 1, 2000; March 1, 1991. 15A NCAC 07H .1904 GENERAL CONDITIONS