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HomeMy WebLinkAbout129-03 Minor Mod. 03/2008 FM mit Class Permit Number ODIFICATI0NITNUN0R 129-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Y trm t t for Z I X Major Development in an Area of Environme oncern pursuant to NCGS 113A-118 MAR 2 0 2008 Excavation and/or filling pursuant to NCGS W4hv Oity QCM Issued to George and Sandra Evans,3578 Birdland Avenue, Akron, OH 44319 Authorizing development in Pender County Atlantic Ocean &Topsail Beach, 1133&1134N. Anderson Blvd..Topsail Beach , as requested in the permittee's letter dated 10/26/07 , including the attached workplan drawing dated received in Wilmington on 12/27/07. This permit, issued on March 18. 2008 , 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. Docking Facility 1) Unless specifically altered herein, this minor modification authorizes 1) the extension of the previously authorized docking facility, 2) a step down structure, and 3) the installation of 4 boatlifts in the previously authorized boat slips that are expressly and specifically set forth in the attached workplan drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheet 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. A.& mes H. Gregson, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal 7, Management Program. Signature of Permittee FThisminor vans Permit# 129-03 Page 2 of 2 ADDITIONAL CONDITIONS fication shall be attached to the original Permit No. 129-03, which was issued on 9/8/03, as well as all subsequent renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. A7 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 19,2008 George and Sandra Evans 3578 Birdland Avenue Akron OH 44319 Dear Mr.Evans: 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. Please sign both the original (buff- colored form)and the Xerox stamped "Copy". 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.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 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 is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site. 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, LL& V, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper . � * 1 w,: ., > i Permit# /ZQ'D3 DCM Coordinator: MAILING DISTRIBUTION Permitee: Agent: DCM Field Offices: Elizabeth City Morehead City Washington ilmin on US ACOE Offices: Washington: Raleigh Bland Scott Jones William Westcott(NC DOT) Bill Biddlecome (NC DOT) Cmington Dave Ti Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARD) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Quality: Cyndi Karol ennessy(NC DOT) Washington: Vivian Christy Wilmington: Ed Beck Wildlife Resources: Maria Dunn(WARO) Molly Elwood(WIRO) LPO: Fax Distribution: Permitee# Agent#: ' 1 NCDENR JAN 1 5 2008 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., SAY-M., VI MEMORANDUM TO: Doug Huggett FROM: Jon W G' Field Representative,Wilmington THROUGH: Steven H.Everhart,PhD. 1�i District Manager,Wilmington DATE: January 10,2008 SUBJECT: Modification Request CAMA Major Permit No. 129-03 George Evans Topsail Beach Pender County Mr. George Evans has submitted a request to modify CAMA Major Permit No. 129-03. CAMA Major Permit No. 129-03 was originally issued on September 8,2003,authorizing a 4-slip docking facility,wooden access bridge,and §404 fill for the construction of a house. The permitted dock measured 5' in width and 60' in length with a 10' x 25' T-Head. The permit was renewed on March 19,2007 and will expire on December 31,2008. The modification request is to authorize the extension of the permitted structure an additional 42' into the waterbody and installation of a stepdown to the southern side of the pier measuring 3' in width and 16' in length.The applicant is also proposing to install 4 boatlifts in the previously permitted slips.The water depths as shown on the plans are approximately-2' @ Normal Low Water(MLW)under the boat lifts and approximately-4' @ MLW at the end of the proposed dock. This structure would still be consistent with the'/4 Rule and would not extend beyond the established pier head line. Check# 123 in the amount of$100.00 was submitted with the modification request. This office has no objection to this modification request Enclosures cc: Wilmington Files Ted Tyndall,DCM Fritz Rohde,NCDMF Dave Timpy(COE) Jimmy Canady, Topsail Beach, LPO 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone 910-796-7215 ! Fax 910-395-3964 An Equal Opportunity Affirmative Action Employer December 19, 2007 Mr Jon Giles Coastal Area Management (CAMA) 127 Cardinal Dr Wilmington, NC 28405-3845 Re: a). Pier for George & Sandra Evans, 1134 N Anderson (sound front), Topsail Beach b). drawing revision Dear Mr Giles, Pursuant to your request for a drawing revision, I contacted Charles Riggs with this request. I am enclosing those revisions; They are: a). inclusion of a lower accessible dock to which to tie a boat. The measurements are 3'x16', starting from the end of the marsh grass, looking from the shoreline,and extending toward the 'T' on the end. b). dimensions of the 'T' on end to 10'x16' If further info is needed, please advise. ;l erely, _..._.. eorg T Evans 3578 Birdland Av Akron, OH 44319 (h) 330-644-9952 (c) 330-283-9084 e-mail: gevans@prodigy.net RECEIVED DCM WILMINGTON, NC DEC 2 7 2007 October 26, 2007 Mr John Giles Coastal Area Management Act (CAMA) 127 Cardinal Dr ext Wilmington, NC 28405-3845 Re: pier for George & Sandra Evans, 1134 N Anderson (sound front), Topsail Beach. Dear Mr Giles, Pursuant to our meeting, along with Steve from your office, at the sound site on Oct 16, 1 am enclosing a drawing by Charles Riggs, surveryor in Jacksonville (ph 910-455-0877), showing the pier and the water depths at the end of the pier. Approx 80' of the pier pilings, starting from the shoreline, are already in. There is approx 54' from the beginning of our pier on the shoreline to the end of marsh grass where the deep water begins. The drawing shows 32 . That is not correct. It measures approx 54'. 1 called all this data to Charles Riggs, but I was not there when the drawing was complete. My sister picked it up for me after my return to Akron. The total length of the pier is approx 126-130' starting from the beginning of the pier on the shoreline. This will line up with the adjoining piers to the south and north. I measuered the length of each of these piers when I was there last week; the south adjoining pier measuring 133' in length, and the north pier measuring approx 123', with an additional floating dock of approx 15' on end of the 'T', for a total length of approx 138' 1 still do not know where the number of 74' pier length came from. Approx 54' of that length is in marsh. And, one cannot tie a boat up with only 20' of deep water. There will also be a stepdown to a lower accessible dock to which to tie a boat. The builder of our pier is John Cassidy, marine contractor, Sneads Ferry. He can be reached on (910-327-2007) or his cell phone (910-443-5322). The width of our pier is 5', with 6"x6" piling, with 8' spacing, and 2"x10"joists and underpining. The pier will have a 'T' at the end, which will measure approx 10'x14'. Again, total length of approx 125'-130' After you have approved a minor CAMA permit, Mr Cassidy will have to get a permit to continue construction from Jim Canady, Topsail Beach. RECEIVED DCM WILMINGTON, NC 0 L ( 2 9 2007 I trust that this will be sufficient information for you. If not, please advise. The pier was begun about this time last year. It was my intent to get back; however, beginning in late Dec, I began to experience abdominal problems which resulted in 4 hospital stays since Jan, three of which involved surgeries And that kept me from getting back to the beach until recently. Am much better now, and getting back on my feet. Enclosed is check for $100.00 to CAMA. Toank you, George T Evans 3578 Birdland Av Akron, OH 44319 (H) 330-644-9952 (c) 330-283-9084 e-mail address: gevans@prodigy.net RECEIVED DCM WILMINGTON, NC O C T 2 9 2007 DEPARTMENT OF THE ARMY -:.. WILMINGTON DISTRICT, CORPS OF ENGINEERS P.0.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO July 31, 2007 Regulatory Division Action ID No. 200200787 and State Permit No.129-03 ' AUG 1U9r George and Sandra Evans Moreheau c;1iy DCM 3578 Birdland Avenue Akron OH 44319 Dear Mr. and Mrs. Evans: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to renew your Department of the Army(DA)permit issued on September 8, 2003 authorizing the fill of approximately 143' x 25' of 404 wetlands and bridge 170' x 12' coastal wetlands in order to construct an access road, and construct a four slip dock and pier, 5' x 60' long, terminating into a 10' x 25' T-Head dock at 1133 Anderson Blvd(Lot 18) adjacent to the Atlantic Ocean and Topsail Sound in Topsail Beach, Pender County,North Carolina. Your proposal continues to be consistent with the provisions and objectives of General Permit No. 197800056 and Nationwide Permit 18. The permits are hereby renewed. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 2008. If you have any questions or comments you may call me at(910) 251-4634. Sincerely, ice/ Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure 2 Copies Furnished: Topsail Engineering 122 Windjammer Drive Surf City NC 28445 Copies Furnished: (without enclosure) Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 200 Commerce Avenue Morehead City, North Carolina 28557 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 March 27. 2007 Mr Douglas Huggert Major Permits and Consistency Manager Re: your letter of March 20„ 2007 - permit No. 129-03 c Thanks for your help in our situation. We see nothing in the permit that would impact with our plans. must a note of clarification: ' ' The ocean front portions of lots 1133 and 1134 have D T� 6; ' i t �.. . been subdivided and disposed of. MAR 2 8 2007 We have retained the sound front of these lots, which are recorded in Pender County Deed Book #388, p.279. MOC@h@aCI City �(iM The plat for the lots are recorded in Map Book #42, p. 094, y slide 569, as lots 18, 19A, and 19B; with 19A being an interior lot, which we plan to market.. It is our intent to build a three bedroom home, approx 2400 ft on the sound front of lot 19B. Th you again.