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HomeMy WebLinkAbout165-03 Bullard, Rick rClass Permit Number '' 165-03 STATE OF NORTH CAROLINA Department of Environment and Natural rces andCoastal Resources Commissio ermitSW for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Rick Bullard, 840 Plantation Drive, Burlington, NC 27215 Authorizing development in Pamlico County at Smith Creek, Lot 27 Shoreline Ct., Oriental Plantation. near Oriental , as requested in the permittee's application dated 8/26/03. including attached workplan drawings (2), both dated received 8/27/03. This permit, issued on November 7,2003 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Boathouse 1) This permit authorizes only the boathouse and finger piers adjacent the existing pier as expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Donna D. Moffitt, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Rick Bullard Permit#165-03 Page 2 of 3 ADDITIONAL CONDITIONS 3) The boathouse and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 4) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 5) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 8) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) This permit does not authorize any additional boat slips. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. Rick Bullard Permit#165-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 031140. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200410520. �.. `K• st ArT4 RCDENK North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 10, 2003 Mr.Rick Bullard 840 Plantation Drive Burlington,NC 27215 Dear Mr. Bullard: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, R Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mr. and Mrs. Rick Bullard PROJECT NAME: 2. LOCATION OF PROJECT SITE: Pamlico County at Lot #27 on Shoreline Ct. in Oriental Plantation, on Smith Creek near Oriental Photo Index - 2000: 79-877 X:18 1995: 79-867 H:6 State Plane Coordinates - X: 2,685,407 Y: 478,053 Arapahoe Quadrangle Lower Right GPS File #M070914B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—July 9, 2003 Was Applicant Present—Agent Yes 5. PROCESSING PROCEDURE: Application Received—August 27, 2003 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan—Pamlico County Land Classification From LUP—Rural with Services (Land), Conservation (Water) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing-None Planned - Septic tanks (F) Type of Structures: Existing—Bulkhead and Pier Planned - Boathouse and finger piers (G) Estimated Annual Rate of Erosion: None Source—Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands 789 ftz Creek Bottom Shaded of that 506 ftz Usurped (C) Other Uplands (D) Total Area Disturbed: 789 ft2 0.02 ac (E) Primary Nursery Area: Yes (F) Water Classification: SC HQW NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a 17.3' by 39' boathouse, a 3' by 17.5' finger pier and a 3' by 37' finger pier adjacent to the existing pier. Mr. and Mrs. Rick Bullard Pamlico County Project Setting The applicant owns three lots with a combined area of 2.07 acres adjacent to Smith Creek near Oriental in Pamlico County,North Carolina.The property is located off NCSR 1311 at Lots#25, 26, and 27 on Shoreline Ct, in the Oriental Plantation Subdivision. The site is in a developed residential neighborhood and is vegetated with a mix of pines, shrub species,poison ivy, catbrier, and scattered bay trees.Elevation of the property is 7 feet above the normal water level.The water is approximately 3.5 feet deep at the end of the pier structure. The applicant has an existing 6'x 100' pier with a 45'x 8'L-head.Adjacent to the pier is a 12'x 14' slip with a boatlift.Most of the shoreline is vegetated with coastal marsh species,and fingers of this vegetation extend inland on both sides of the property. These wetlands are dominated by Spartina cygosuroides and Juncus roemerianus with wax myrtles and cedar trees along the upland border. The 40' section of high ground that borders Smith Creek has been stabilized with a vertical wooden bulkhead. The pier leaves the property from the center of the bulkhead. The property is located in a small residential neighborhood on the south shore of Smith Creek. The properties to the east and west of the project area are developed lots with single-family residences.Both properties have private piers with slips for two vessels.The shoreline in this area is natural and contains several areas of coastal wetlands extending from the creek, landward approximately 100 to 200 feet.Uplands on the lots are vegetated with landscape plants,mixed pines, upland grasses and scattered hardwoods. At this location, Smith Creek is classified SC HQW NSW by the Environmental Management Commission. The NC Division of Marine Fisheries classifies this portion of Smith Creek as a Primary Nursery Area.The property is located in the Neuse River Basin,and is subject to the Environmental Management Commission's(EMC)Neuse River Basin Nutrient Sensitive Waters Management Strategy. The waters are closed to the harvesting of shellfish. Project Description The applicant proposes to construct a 17.3' by 39' boathouse in the location of the existing boatlift and to construct two finger piers. One finger pier would measure 3' by 17.5' and the other would be 3' by 37'. The finger piers would extend across the front and on the north side of the proposed boathouse.Half of the catwalks will be under the roof,and half would not.Addition of the finger piers would bring the total platform square footage to 442 square feet. The applicant owns a 30'boat,and requires the additional square footage of coverage in order to adequately store his boat. Anticipated Impacts The project as proposed would impact 789 ft2. The boathouse and finger piers would shade 789 ft2 of creek bottom and would usurp an additional 506 ft2 of Public Trust Area.As proposed,the entire pier structure would provide permanent slips for one vessel. Short-term localized turbidity would result from construction. Tracey L. Wheeler—5 September 2003 Form DCM-M -1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark NEAR ORIENTAL 1. APPLICANT c. Street address or secondary road number SHORELINE CT a. Landowner: Name RICK BULLARD d. Is proposed work within city limits or planning jurisdiction? Yes X No Address 840 PLANTATION DR . e. Name of body of water nearest project (e.g. river, City B U R L I N G T O N State N C creek, sound, bay) SMITH CREEK Zip 27215 Day Phone 336-222-8554 Fax 3 3 6—2 2 9—9 8 9 0 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name D A V I D S I M P S O N C O N S T . CO . , INC . a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P 0 BOX 590 CONSTRUCT ION OF A BOATHOUSE ROOF WITH A 3 ' WALKWAY ON ONE City ORIENTAL State N C END AND ONE SIDE . Zip 28571 Day Phone 2 5 2—2 4 9—13 81 b. Is the proposed activity maintenance of an existing project, new work, or both? N E W Fax 252-249-2253 c. Will the project be for public, private or commercial use? PRIVATE c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed N07F. Permit will be issued in name of lan,downer(s), and/or project. If more space is needed, please attach additional pages. THE ROOF WILL BE TO project name. COVER A BOATLIFT AND BOAT . THE USE WILL BE STRICTLY PRIVATE AND FOR ROUTINE BOATING USE . THE 2. LOCATION OF PROPOSED MATERIAL WILL BE TRANSPORTED OVER PROJECT THE LOT TO THE WATER BUT CONSTRUCTION WILL TAKE PLACE FROM THE WATER a. County P A M L I C O Revised 03195 i Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER NONE CHARACTERISTICS a. Size of entire tract 2 . 07 ACRE - TOTAL 3 LOTS n. Describe location and type of discharges to waters 2 5- 20053 S q FT of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 2 6- 2 2 6 6 8 S q F T wastewater, industrial/commercial effluent, "wash - 47453 SQ FT down" and residential discharges.) c. Approximate elevation of tract above MHW or SURFACE RUNOFF NWL 7 ' +/- d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. YONGES-ALTAVISTA - FORK COUNTY e. Vegetation on tract WOODED - MIXED HARDWOOD AND PINE f. Man-made features now on tractD R I V E W A Y, BULKHEAD & DOCK 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the focal land use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional Developed Community • A copy of the deed (with state application only) or X Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then N o T ZONED forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.020� for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? _y Yes No Engineers regarding that agency's use of larger Coastal (marsh) X Other X drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? YES requirements and it must be sufficiently detailed to (Attach docunrntation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 `L 7 2003 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name John K n a u t h I certify that I am authorized to grant, and do in fact, Address P O BOX 4 ORIENTAL , NC 2 8 5 7 1 grant permission to representatives of state and federal Phone 2 5 2-2 4 9-3131 review agencies to enter on the aforementioned lands in connection with evaluating information related to this _ Name John V a l a s G i G permit application and follow-up monitoring of the Address P 0 BOX 492 ORIENTAL , NC 28571 project. Phone 252-249- 2244 1 further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the Z6 day of4(�'S�, w2j0.3 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name c-J MPS D permittee, and issuing dates. Signature caner or A.thorize gent • A check for g250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development x DCM MP-4 Structures Information • A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCM-MP4 7 003 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial Community _Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers X Yes No shoreline (i) Number 2 (ii) Length 17 . 5 ' & 37 ' f. Mooring structure (boatiift, mooring pilings, etc.)N/ (iii) Width 3 ' & 3 ' (1) _. Commercial _Community —Private (6) Platform(s) Yes X No (2) Number (i) Number (3) Length (ii) Length (4) Width (i;;) wrath (7) Number id slaps -sedNO ADDITIONAL g. Other (Give complete description) N/A (8) Proximity of structure to adjacent riparian property lines SEE PLAN VIEW (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL -3 . 5 ' b. Boathouse (including covered lifts) (1) Commercial X Private M� (2) Length 39 (3) Width 1 7 ' —4" ;iZgmurel roject c. Groin (e.g. wood, sheetpile, etc.) N/A t (1) Number 2r � (2) Length(s) pa d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands _-... :!' .. o's!:!• '•i_.:Y;' .:�'.. ]S`Sr-� t'^t !r♦ _ 11{f1`!t����'. SS AN 2 Z 200 SMITH CREEK a • '� 9 SECTION 3-A ]0 YL op V NWI 4-� by • b �/ ' j M% 9♦ /�j d _ 1 I ° C 6 / FUTURE DEVELOPMENT R 0 F, O E� O Q�J � l JPr` SECTION S LOTS M-31 `J j . �ft r ORIF NTA'-•F.•MT•TION INC •• SCALE DATE: OC UD"30,1"9 S EET a DI< 10 - :5 d N•TO o I o cv all ���H LINE-- ooF'" ova►% u� 17Z�,y- - a3 P A WAb-IWAY 08'—54' W f Lp"I' Z� - r1 �1 LINE VICIN 1-ry MAF �Kll�a-s•'� 5:5 MK d- Nik,S P U<. BU-1_AR-I> a, &,40 PLANT A _.vAt�asl`� I.D'I` z_Q 51� - p,nr i -sty .l cr- 2003 rx 3" �1 • - FELT 2"xC" RA�1-E�s AklD J�15T SEAM v4 _l W aLK\NAq i :Q • i MWi_ ------------ _ E�TTDM LL } MK �- M�5 �i� f5U!�A S!TE 1_�Ttor!-5 Nam--! t►J� G7: - _ ��►E+ t�l��A t T� 840 PLAN-r-A-n CX4 D L>-. - i i�1 021riT L �U 2t-l►-�GTE L 272-i� _ Permit# DCM Coordinator: </S MAILING DISTRIBUT,IION: Permitee: 111 ) AGIe- /✓�/� Agent: �C�rip of/JYI�Se/Y C�2f� DCM Field Offices: L Morehead City washingteff- US Army Corps of Engineers(USACE): Washington: ..4ke4..4,-4 ) Raleigh Bland Wil ng DOT) Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney J10hirHunnessy (TIC-DOT) Water Resources: John Sutherland Wildlife Resources: David McHenry B effl%U W-Y4 D &T) Tra OT) FAXING DISTRIBUTION: Permitee at -33 -;�a T '��l 0 Agent at a y9 -:Z a s3 DCM Field Offices: Riizabetirefty Morehead City Washing= NAZilmingtoft US Army Corps of Engineers(USACE): Washington: Mike Bell (N66E)OT-) S' Raleigh Bland Wilmin ave T' DOT) Updated as 2/28/03 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Mr. &Mrs. Rick Bullard County: Pamlico LOCATION OF PROJECT: Lot#27 on Shoreline Court in Oriental Plantation, on Smith Creek near Oriental DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/27/03 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded:No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tracey Wheeler DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: Q/io 1u3 FEE REC'D: S ZEo."o/op% PUBLIC NOTICE REC'D: 0q 1 j p 10 3 END OF NOTICE DATE: 09 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: sd4 ON: 9- 2"�3 C) 75 DAY DEADLINE: I.,11olpS 150 DAY DEADLINE: MAIL OUT DATE: �� STATE DUE DATE: _ LQ FEDERAL DUE DATE: FED COMMENTS REC'D: 17w3 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON I v3 AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative y lee/u3 f Coastal Management-LUP Consistency /0/27 0 3 ✓ Division of Community Assistance cf`j81v3 Land Quality Section V1110.3 t4h G Division of Water Quality l O 03 Storm Water Management(DWQ) 1 t�l, ju ✓ 4 State Property Office Division of Archives&History l 0 i o3 Division of Environmental Health tO 3 Division of Highways to /4 lv'a ✓ Wildlife Resources Commission i U 3103 Division. of Water Resources Division of Marine Fisheries �(%�,7e�JU 3 ✓ l�� ¢i 0113/03 e m.&�l Submerged Lands(DMF) Inn GTtJ• l MEMO To: Doug Huggett From: Mike Christenbury Subject: Consistency Determination, Major Permit Application,Rick Bullard, Pamlico County Date: October 27, 2003 The applicant's property is located at lot#27 on Shoreline Court on Smith Creek near Oriental in Pamlico County. The applicant proposes to construct a 17.3' by 30' boathouse, a 3' by 17.5' finger pier and a 3' by 37' finger pier adjacent to the existing pier. Areas of Environmental Concern (AEC's)impacted by the proposal include Estuarine Waters, and Public Trust Areas. Waters at the project site are classified as SC HQW NSW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 1992 Pamlico County Land Use Plan Update and offer the following comments. The general area of the project is classified as Rural with Services, while the AECs impacted by the work are classified as Conservation. In general,Pamlico County allows development in Conservation classified ABCs which is consistent with the State's minimum use standards. The Pamlico County Land Use Plan contains some local policies which exceed 7H guidelines including those for Marina and Floating Home Development. However,none of these more restrictive local standards appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the amended 1992 Pamlico County Land Use Plan Update. Cc: Charles Jones Ted Tyndall Randy Beeman W ATF9QG Michael F.Easley,Govenor William G.Ross,Jr.Secretary rDepartment of Environment and Natural Resources > .l p Y Alan W.Klimek,P.E.., Director Coleen H.Sullins,Deputy Director October 24, 2003 Mr. Rick Bullard 840 Plantation Drive Burlington, North Carolina 27215 REED Subject: Boat House OCT 2 8 2003 SW7030909 Pamlico County JW000 OW1 Ow Dear Mr. Bullard: This office received your CAMA Permit application and supporting information on September 11, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will not consist of any significant amount of new impervious surfaces on site. For this reason, your project should not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit at this time. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Any future modifications to the project may require an additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, Jim Mulligan Regional Water Quality Supervisor cc: P mlico County Inspections oug Huggett Washington Regional Office Central Files 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer WAIF Michael F.Easley,Governor 0 R William G.Ross Jr.,Secretary \OCR pG North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality OColeen H.Sullins,Deputy Director Division of Water Quality October 6,2003 DWQ#03-1140 Pamlico County Rick Bullard 840 Plantation Drive Burlington, NC,27215 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Bullard: You have our approval, in accordance with the attached conditions,to usurp and shade 0.02 acre of non-vegetated wetlands in order to construct a boathouse and pier at Lot 27 on Shoreline Court in Oriental Plantation in Pamlico County,as described in your application received by the Division of Water Quality on September 11,2003. After reviewing your application,we have determined that this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including(but not limited to) Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S.Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in Raleigh at(919)733-9721. Sincerely, Alan . Klimek, P.E. V AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM David Simpson Const. Co., Inc., P.O. Box 590, Oriental, NC,28571 031140 Aft N.C.Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location) (919)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands) Customer Service#: 1-877-623-6748 RECEIVED °"A � OCT 0 g 2003 3ROF00AVrALMA mew,, •@« WROH STATE OF NORTH CAROLINA DEPARTMENT OF TP ANSPORTATION WCHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDo TwPETT GOVERNOR September 30, 2003 SECRETARY Mr. Doug Huggett, Major Permits Processing Coordinator North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Permit Application—Construct a 14.3' X 39' Boathouse, a 3'X17.5' Finger Pier and 3' X 37' Finger Pier Adjacent to the Existing Pier in Pamlico County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency has no comment for the project. It occurs a distance well off the highway right of way on a non-system road in Pamlico County. Should you have any questions or need additional information, please advise. My number in the New Bern district office is (252) 514-4716. Sincerely, Z�2�— Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office Dwayne Alligood, P.E., Division Maintenance Engineer Ken Mason, County Maintenance Engineer- w/attachments Division Two•District Two 9 209 S. Glenburnie Road a New Bern,N.C. 28560•Phone(252)514-4716 A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary ,t September 15,2003 SEP 17 M DIVISION OF MEMORANDUM WATER RC-SOIIRtEB TO: Mr. John Sutherland,Chief Water Planning Section RECEDED Division of Water Resources FROM: Doug Huggett OCT 2 9 2003 Major Permits Processing Coordinator A.OFG'OAA�LM GCMEl11 SUBJECT: CAMA PERMIT APPLICATION REVIEW GH APPLICANT: MR. AND MRS. RICK BULLARD PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON SMITH CREEK NEAR ORIENTAL. PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. 4k— This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE r { 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 15,2003 MEMORANDUM SEP 2 3 TO: Mr. Roberto Canales State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: MR. AND MRS. RICK BULLARD PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON SMITH CREEK NEAR ORIENTAL.. PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. vl� This agency has no comment on the proposed project. This agency approves of the project,only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 O O 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper f A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 15,2003 MEMORANDUM RECEIVED OCT 0 3 2003 TO: David McHenry Wildlife Resources Commission 10FCQ�� G�'i ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: MR. AND MRS. RICK BULLARD PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON SMITH CREEK NEAR ORIENTAL. PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY /This agency has no objection to the project as proposed. ✓/ This agency has no comment on the proposed project. This agency a roves of the project, only if the recommended changes are incorporated. Tliis agency obje s to the project for reasons described in the attached comments. / J SIGNED DATE 6� Z'y3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper A7� A- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. PAoffitt, Director Vlillia-G. Ross Jr., Se,re;a y September 9, 2003 MEMORANDUM: MONO SEP V 8'2003 TO: Mr. Tom Richter MO Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Mr. &Mrs. Rick Bullard Project Location: Pamlico County: Lot # 27 on Shoreline Court in Oriental Plantation, on Smith Creek near Oriental Proposed Project: The applicant proposes to construct a 17.3'x 39'boathouse,3' x 17.5' finger pier, and a 3' x 37' finger pier adjacent to the existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 30, 2003. If you have any questions regarding the proposed project, please contact Tracey Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. L- This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED GC- DATE .3 151-B Hwy. 24, Hestron Plaza II, Prlorehead City, North Carolina 28557 Phone: 252-808-28081 FhX: 252-247-33301 Internet: www.nccoastalmanaaement.net An Equal Opporurity 1 A^,rrna:ive Action Err,p(oy?r—501,a Recyc.ed 110%Pos:CensaTa';:__ NCDENR SEP 17 2003 North Carolina Department of Environment and Natural Resources,#,,o(,p," OFFICE Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 15,2003 V03 '), 3 5 MEMORANDUM 0 TO: Ms. Renee Gledhill-Early,Director RECEIVEW 4k Division of Cultural Resources OCT 0 1 2003 Archives& History Building Jry.pF 00A6TALMANAGEMEN, FROM: Doug Huggett FlALC Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW a444, I t Co 0 . APPLICANT: MR. AND MRS. RICK BULLARD PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON SMITH CREEK NEAR ORIENTAL. PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED V=&=&&L ��O &i DATEI/Ovo 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http:lldcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 2003 SEP � � Q REED nr.T 0 2 2 NCDENR o03 North Carolina Department of Environment and Natural Resources AV OFCOA�TALMANAGEftr, Division of Coastal Management RAo Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 15,2003 1 FT) MEMORANDUM 2 9 TO: Mike Kelly,Acting Director �_------- Division of Environmental Health SHEt-t-PISH SANITATION FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: MR. AND MRS. RICK BULLARD PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON SMITH CREEK NEAR ORIENTAL. PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE EXISTING PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY / This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNEDIWIl� DATE 9 _0�4 'p 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity t Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. bloffitt, Director V illia--G. Ross Jr.,Secra;ary September 9, 2003 MEMORANDUM: TO: Mr. Preston P. Pate, Jr.,Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Mr. &Mrs. Rick Bullard Project Location: Pamlico County: Lot # 27 on Shoreline Court in Oriental Plantation, on Smith Creek near Oriental Proposed Project: The applicant proposes to construct a 17.3'x 39'boathouse,3' x 17.5' finger pier, and a 3' x 37' finger pier adjacent to the existing pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 30, 2003. If you have any questions regarding the proposed project, please contact Tracey Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: �' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED .,fie-Gy,,,i �C DATE 151-B Hwy. 24, Hestron Plaza II, h^orehead City, North Carolina 28557 U.� Phone: 252-808-28081 Fr,X: 252-247-33301 Internet: www.nccoastalmanaaem n t An Equal Opporurity 1 Affirma:ive Action Errp:oy e —501,a Ren c!ed 110%Pos:Censwnc �--{° �k+ �T NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 12, 2003 John A. Knauth PO Box 4 Oriental, NC 28571-0001 Dear Mr. Knauth: Thank you for your September 9, 2003, letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Rick Bullard seeking authorization to construct a boathouse and two finger piers. As you may be aware, the Division of Coastal Management is coordinating a multi-agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free to contact me at (919) 733-2293, or email me at Jeff.Schaffer@ncmail.net, if you should have any additional concerns relating to this project. Sincerely, Jeff Schaffer Assistant Major Permits Coordinator cc: Tracey Wheeler- DCM, Morehead City 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled\100%Post Consumer Paper w A/ John A. Knanth V£l P.O. Box 4, Oriental, NC 28571-0004 1:Mail:,IoluiKiiautli@eartlilink.iict 'hc1: 2.52/249-3131 Fax: 252/249-3257 September 9, 2003 Division of Coastal Management Hestron Plaza II, 151-B Hwy 24 S EP 0 2D03 Morehead City,NC 28557 Dear Sirs, I have received a copy of Rick Bullard's application for a Boathouse Roof with 3' walkway on one end and one side. I have no objection to Mr. Bullard building a dock. I signed off on his original application which showed the slip on the south side of the dock without any concern. It is his afterthought application, where he has moved the slip to the north side with a walkway around it which places it much closer to my home, and proposed a boathouse roof that causes me great concern. And I wonder about the legality of the pilings that have already been put in place on the north side. It is not common practice to build boathouse roofs on Smith Creek. Thus Mr. Bullard's application for a boathouse roof is highly unusual and its size, location and degree of intrusion upon me came as a great surprise and disappointment. As you can see from the accompanying photographs,this boathouse roof will be directly in front of my home and closer to it than my own slip is. This structure will be about fifty feet long when viewed from my home at the diagonal that maximizes its profile and five feet high as measured from the bottom of the supporting beams to the ridge pole. We have a strikingly beautiful waterfront home which brings untold pleasure as we look out our many windows at the panoramic view,morning, noon and night. The charm of our location with the boats and their docks along Smith Creek is frequently remarked upon by friends, visitors and guests. A large boathouse roof up front and in the middle of our view will seriously detract from these esthetic qualities which were carefully designed into our home—especially those areas we use the most; the living room,the master bedroom and our two offices in-between. As boathouse roofs, especially large ones, are a real rarity in the Oriental area and throughout the residential waterfront areas of Pamlico County, a potential buyer seeking an attractive home would in all likely hood bypass my property in favor of one without an unsightly roof smack in the view. I know how I would react and,being a fairly typical waterfront property owner, it is safe for me to assume others would, too. Thus Mr. Bullard's roof will inevitably complicate and have an injurious impact upon the future sale of my property. The distressing fact is that should Mr. Bullard leave his slip unoccupied for what ever reason, his roof will remain permanently blocking our view even though during those empty times it would serve no functional purpose what so ever. For these aesthetic and potential monetary reasons, please do not approve Mr. Bullard's boathouse roof. Sincerely yours a CC: David Simpson Construction Co., Inc. V 1 t . .,. f'r '�. . + 'i!• r - ..!. '. r;� J7'ti2,�. �r-(.. ... i.I�' 'r rF+ `. 1. / '1 w S E P i 0 2003 Bullard Boathouse Roof Application From next door neighbor John Knauth/Ilona Forgeng, 138 Shoreline Court, PO Box 4, Oriental NC 28571. Tel: 252/249-3131 Fax: 252/249-3257 x r ,rT is View from our living room window with our dock in the leftmost window and the Bullock's dock in the right most. I have included a representation of what the boathouse roof will look like with the pilings on the north side of the dock.. is 'r i r View from our master bedroom window with Bullard's dock dead center in the view. I have not attempted to show the boathouse roof in this picture,but you can clearly see the pilings on the north side of the dock. i Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett RECEIVED ECEIVED FROM: Tracey Wheeler SEP 11 2003 DATE: 5 September 2003 SUBJECT: Application for CAMA Major Permit JN.0FCOASTALMANAGEMEN) Rick Bullard RAT'M Pamlico County,North Carolina I have reviewed the application for a CAMA Major Permit submitted to this office by Mr. David Simpson on behalf of Mr. Rick Bullard in regards to the rules and regulations adopted by the CRC, specifically NCAC 7H.0206, .0207, .0208, and .0209. My review indicates that, overall, the proposal appears to be consistent with these regulations. I recommend that the permit be issued with the following conditions: 1)The authorized structure and associated activity must not cause an unacceptable interference with navigation. 2)The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 3)The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. At a minimum,permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. Any sewage discharge at this docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary may become a permanent part of this docking facility without permit modification. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 4 Rick Bullard Pamlico County Page 2 6) No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 7) No attempt shall be made by the permittee to prevent full and free use by the public of all navigable waters at or adjacent to the proposed work. 8)This permit authorizes a maximum of two boat slips. *Note: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (252) 808-2808 prior to commencement of any such activity. *Note:The permittee is advised that any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal high/low water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. Development Type FEE DCM% DWQ% (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private,non-commercial development that does not involve $250 100%(S250) 0%(SO) the filling or excavation of any wetlands or open water areas: it. Public or commercial development that does not involve the filling or $400 100°;($400) 0%(SO) excavation of any wettands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,8,C,or D below applies: III(A). For Private,noncommercial development,If General water Quality S250 100°6(S250) 0 (S2) CertificaCon No.3301(see attached) can be applied: 111(8): For public or commercial development,if General water Quality S400 100%(S400) 0°o(SO) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attache ; could be applied,but DCM staff determined that additional review a S-00 60%($240) 4C%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: II(D). If General Water Qua ii-j Certification No.3301(see attache') S;CO 60%(S240) 401(S160) can not be applied: IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or 6G'.o(S 2 _�.� 40°0(519,) open water areas: IC� VI C LA 21� cA►�/l� M Q J o Y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary 5 September 2003 Pamlico News-Times Legal Advertisement Section P.O. Box 510 Oriental, NC 28571 Re: Public Notice—Rick Bullard Dear Sir: Please publish the attached Notice in the 10 September 2003, issue of the Pamlico News-Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, Tracey L. Wheeler Coastal Management Representative Enclosure cc: Doug Huggett Ted Tyndall, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DMSJON OF COASTAL NLAi TZA ka-c'-,�LENrT All NCDENRw Now-C ACUL "OD�RTNGlT cr C.VNRONM[.Yt,y.p N.QLJRAL RrZCLJRCC5 151-B HWY. 24, HEST-RON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: MLIC k�s - OFFICE: LE aL qp� R TELEPHONE 7: I 1 FAX 1: 12521 7 FROM: 1 ra J OFFICE: D�InL nF c'(),A.`T.-� RE: � -LSSU� OF THE �q iC EA/S- -77MES. DATE SENT: ° 5 o TOTAL NUMBER OF PAGES IL�IN('T ( nV ��R SHAFT; 3 h NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated by CAMA was received on 4 September 2003. According to said application, Rick Bullard is proposing to construct a boathouse and two finger piers adjacent to the existing pier at his property at Lot#27 Shoreline Ct on Smith Creek near Oriental, in Pamlico County,North Carolina. A copy of the entire application may be examined or copied at the office of Tracey Wheeler, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II, Morehead City,NC,Telephone (252) 808-2808 during normal business hours. Comments mailed to Donna Moffitt, Director, NC Division of Coastal Management, 1638Mail Service Center, Raleigh, NC, 27699-1638 prior to 30 September 2003 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: 10 September 2003 P. 01 TRANSACTION REPORT SEP-05-2003 FRI 11 :41 AM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP SEP-05 11 :40 AM 82522490857 1101" 3 SEND OK 803 Q�i�► NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary 5 September 2003 David Simpson Construction Co., Inc. c/o David Simpson P.O. Box 590 Oriental,NC 28571 Dear Mr. Simpson, The Division of Coastal Management hereby acknowledges the receipt of the application you submitted on behalf of Mr. Rick Bullard for State approval for major development on his property located at Lot #27 Shoreline Ct. in Oriental Plantation on Smith Creek near Oriental, Pamlico County, North Carolina. The complete application was received on 4 September 2003, and appears to be adequate for processing at this time. The projected deadline for making a permit decision is 18 November 2063. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 4 September 2003, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed, you will find a "Notice of Permit Filing" postcard which must be posted at the property of the proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way where a private road would lead one to the property. Failure to post this notice could result in an incomplete application. An on-site inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. 151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Rick Bullard Pamlico County Page 2 Sincerely, _ dal.(°r y�W Tracey L. VVI'ieeler Coastal Management Representative Enclosure Cc: Doug Huggett M. Ted Tyndall, District Manager, DCM Rick Bullard AMA ERMIT APPLI FOR PROJECT: �rt�ose - o CcnsS� 0,- 1-4. 3'i,39' boo:�kOuW 0- 3'?C1-4.5' Atr)Qe, P-iee GLnci o, 3 �� 'noP_r iU i er a rl;Qc�n� 4n ac iS4inq ai ear COMMENTS ACCEPTED THROUGH _ APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �- �1 r 9qQ -} lan4a�on-Dr c, o?f4 ge54mn fld z¢ 47 a5a- 8ng-z8og David Simpson Construction Co., Inc. 800 Broad Street Post Office Box 590 Phone 252 249-1381 Oriental,North Carolina 28571 NC License32708 FAX 252 249-2253 Commercial • Residential * Marine 8997 August 26, 2003 Tracey Wheeler NC DENR Hestron Plaza.Il, 151-B, Hwy 24 Morehead City,NC 28567 Dear Tracey, Enclosed is a Major Permit Application in the name of Mr. &Mrs. Rick Bullard for a boathouse roof and walkway around. The purpose is to cover and protect the 30' boat and lift and the use will be private and for normal water activities. Feel free to contact me with any questions or if additional information is needed. Sincerely, r David Simpso COMPLETE ■ Complete items 1,2,and 3.Also complete A. S' atur item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. Received by(Pnn N e) C. Delivery ■ Attach this card to the back of the mailpiece, (] ,J�"G �f� or on the front if space permits. %,(//�' 6 t1 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes // If YES,enter delivery address below: ❑ No �,A 4) y/T/�5'S/s SEP 0 4 2003 1I� J7 9 2 / _I l.•/ 3. S ❑ice Type ertified Mail Express Mail ❑Registered ❑ Return Receipt for Merchandise v ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 2 410 0007 1310 6000 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835 I"Wd M1 33 2003 FIND in PAM ICO Count V. NC nn on ra 23 ZORI of �.00 by: � hi 4i ;M • •tat• of PAl'1-XO RMS I ZER OF North Carokta C"My BOOK 3 Q PAGE 635 Real Est at a Excise Tax RETURNED TO� DATE RETURNED s=3e-o3 Tax Lot No. Parcel Identifier No. Verified By County on the day of 20 Mail after recording to William R.Sage,Post Office Box 589,Oriental,NC 28571 This instrument was prepared by William R.Sage NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 6 day of_ .2003.by and between GRANTOR GRANTEE Barry R. Zerder and wife Ann L. Zerder Ricky 3.Bullard and wife Frances M. Bullard 3303 Carriage Place Burlington,NC 27215 The designation Grantor and Grantee as used herein shall include said panics,their heirs,successors,and assigns,and shalt include singular,plural,masculine,temmine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in Pamlico County,North Carolina and more particularly described as follows: BEING all of Lots numbered 25, 26 & 27 of Oriental Plantation, Section 3, as per plat thereof recorded in Plat Cabinet A, Slide 55-5 in the Office of the Register of Deeds of Pamlico County, North Carolina, which plat is incorporated herein for a more complete description of said Wts. This conveyance is made subject to those restrictive and protective covenants and conditions as recorded in Book 269 at Page 191,Pamlico County Registry. It BOOK 399 PAGE 636 AU .2 z 20o3 The property herein above described was acquired by Grantor by instrument recorded in Book 379 ,Page 163 A map showing the above described property is recorded in Plat Cabinet A.Slide 55-8. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized ofthe premises in fee simple,has the right to convey the same"in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Current year ad valorem taxes,restrictions,easements and rights of way of record. IN WITNESS WHEREOF,the Grantors have hereunto set their hands, or if corporate, has caused this to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors,the day and year first above written. BY: {SEAL) Barry R.Zerder (SEAL) Ann L.Zerder SEAL-STAMP STATE OF r W N 1q'rM(,Jjr11 f e N,,,y COUNTY OF (�f f► ry1 r9t�'Sr '^'^ I -, r, a Notary Public of the state and county CO r ? aforesaid,certify that Barry R.Zerder and wife Ann L.Zerder,Grantor,personally came before me !"r .� .; this day and acknowledged the due execution of the foregoing instrument as the act of the said *�'•...•„r '„��,�•' partnership pursuant to due authority. Witness my hand and official stamp or seal,thisl day of M ,2003. My commission expires: I L CHAPMAN,Notary Pd*o!atry 1,� M g.23, V Public The foregoing certificate(s)of LUANN L. CHAPKAN — NEW NAlfPSHIRE is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. SUE H. WHITFORD Register of Deeds for Pamlico County,North Carolina. By: , ` ___ _._ Assistant—Register of Deeds