21120_ANDERSON, LARRY_19990301

CAMA AND DREDGE AND FILL
GENERAL
PERMIT
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{
021 t2
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC /'Jo," jyoo
Applicant Name d riy
Address
City
Project Location (County, State
Type of Project Activity
Road, Water Body, etc.) (A
PROJECT DESCRIPTION I SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
rl S T
Phone Number � V) 99 - 142;1
State l'`% Zip '%O //7
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This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
_ X / ls��� ��rYl/%fl 1•ei
applicant's signature
permit officer's signature
issuing date expiration date
attachments %00
In issuing this permit the State of North Carolina certifies that ,�
this project is consistent with the North Carolina Coastal application fee A4 ` 4
Management Program.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NCDENR March 9, 1999
Mr. and Mrs. Kenneth Filipovich
3706 Beaver Ford Road
JAMES B. HUNT JR.
GOVERNOR Woodbridge, VA 22192
Dear Mrs Filipovich:
WAYNE MCDEVITT This correspondence is in reference to my recent telephone conversation with you
SECRETARY whereby you voiced objections to the placement of a temporary erosion control
structure (sandbags) by your adjacent riparian property owner, Mr. Larry Anderson.
The property is located adjacent to the Atlantic Ocean at 407 Ocean Drive, in the
DONNA D. MOFFITT Town of Emerald Isle, Carteret County, North Carolina.
DIRECTOR
Based on 15A NCAC 07H.1700, temporary erosion control structures may be used
to protect imminently threatened structures. A structure will be considered
imminently threatened if its foundation is less than 20 feet away from the erosion
scarp. In Mr. Anderson's case, the erosion escarpment was located at the structure's
foundation, therefore qualifying the structure for temporary sandbag protection.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
appropriate rules and regulations of the Division. Consequently, the Division issued
a general permit to Mr. Anderson on March 1, 1999.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. If you have any questions regarding
this matter, please don't hesitate to contact me at my Morehead City Office (252-808-
2808).
Sincerely,
�` / (• /mod �� �oi �/
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director
John Yost - Emerald Isle Inspections/LPO
Larry Anderson
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY INC 28557
PHONE 252-BOB-2808 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

FEB 16 1999
To Whom It MP-y CcncZM
perm;ssicn to�'tc
Er,: as my agent in _-CAlAA Ce.r ier2l Perim", tc place
and ens a=s t m rC; y res cn �h#ra 'struc:�:re lr,'f�onf cj ry �r m�;y :
icce� Gt � �'"`in t;!e tc ri'+V _ �� tic,
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I have read tr,e S�eCf1fC �?'�CitIG+ Ili JSANCAC71H 1 /L'G Er;C L: iC.c..;ti is by
t2.r.@iVif1� SUC~i E pEr'iit; : !i �c rc:�ar',��CiE 1Cf tic is ilCVc: Ci rc: RE*;;g CT C'
per►ioriE of any C m G ��1C>r °� t sE~mac" s
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,,or LG to two y e= iri►C``.��i�'_ZrE:n �i �E +i+ii c ornval. Once t. is tc:TiCC c:'y
;cn con►rai S�MUM.Uraf 5' 'ld' kt1 IE GE3='+�i1tiE iC E_ L!r+:c:.�=�c:� Cue'c
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Authcrizsc Sien2 're

1 ti
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. Iqqq rO-1 County ('Acrct
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner C (� ►-t A ni e-c S G,n
Address 3 31 i �,o� CLx ST
L N -10 icl
Telephone No. C.5) G'A 5 - 1<51
Size and Location of project (water body, road name/number, town, etc.) t= m
Cr.': \ Cackz-�- , cc)r\t �-r' cior
Description of Activity Sc1 r,,A has =t Leaac�) �p L.J l \ -c1 c -Le 4 � ('t)t
cAQynao-A Se c, na,r �14� C csy��� ►C� +rrrni�c��t�ti
�� i�-'i}c.v►c�1 St��;c�cs"� r_1 t��.,�,�n �n�ti�►o.,�
C A n A D�
Applicable Law: __S�Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) _Section 10 (River and Harbor Act of 1899).
Authorization: MDCCQ�'A � Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 01 Icicle,
Corps Regulatory Official Telephone No. 0 51-116 3
Expiration Date of Verificatio
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591
Revised July 1995

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest
practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous
to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize
soil disturbance.
6. Regional and Case -by -case Conditions. The activity must comply with any regional conditions which may have been
added by the Division Engineer and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest
Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of
a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non -Federal permittees shall
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site (i.e., on -site), unless the District Engineer has approved a compensation
mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.

02/06/1999 13:•31
2523545068 TDWN OF EMERALD ISLE
PAGE
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STRUCT3RE VALUE: I82884
VALUATIONI VALW PREY-VAL.IP-N81 J TOTAL VALUE 238298
LAND I 1 i 15255Qi T231�11� 1 I 159067=aLV/AC
OTHERMT I l I 2B641 7441384161 1 1
STRUCTURLI ( 828841 780381106SI I 1 137TV/HsF
TOTAL I I 1 2S029EI 202532111781 I 1 1377V/HSF
µ APPRAISED- LUX: 238298
02

02f05/1999 13_31 2523545068 TOWN OF EMERALD ISLE PAGE 03
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VALUATION{ VALUE1FfiEV-VAL.EP-N'�[ swx[s-p%I TOTAL VALUE 194202
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STRUCTURE 1 1 401871 404281 998t 596-2941 1 134TVIHSF
TOTAL, 1 ! I 1942021 164663i11791 145000113381 1003P/Hsr
APPRAISED -VALUE: 194202

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MAN; EMENT
February 5, 1999
NCDENR
Mr. Larry Anderson
JAMES B. HUNTJR.:"- ="f 3131 Royal St.
GOVERNOR''"r±��!
New Orleans, LA 70117
Dear Mr. Anderson:
WAYNE MCDEVITT
SECRETARY - This letter is in reference to the damaged sea wall located on your property at 407 Ocean
Drive in Emerald Isle, Carteret County, North Carolina. It also serves as a follow-up to our
numerous telephone conversation of this week as well as to the letter from the Town of
Emerald Isle Inspections Department regarding repair and/or replacement of the damaged
DONNA D. MOFFITT structure.
DIRECTOR
Under North Carolina General Statutes (NCGS) 113A-103(5)(b)(5) "Maintenance or repairs
(excluding replacement) necessary to repair damage to structures by the elements" is not
considered "Development", therefore not subject to the permit requirements of the Division.
And according to the North Carolina Administrative Code (NCAC) 07J.0210, "the proposed
work will be considered replacement if the cost of the proposed work exceeds 50 percent
of the physical value of the structure at the time of damage. After the winter storm of
January 2, 1999 (during a full moon), your sea wall was severely damaged. And based on
an estimate from your contractor and based on a conservative depreciated physical value of
the structure, the repair costs were right at 50 percent of the physical value. Therefore the
Division of Coastal Management with input from the Emerald Isle Inspections Department
verbally authorized the repairs to the structure. However, before the structure could be
repaired, another winter storm on February 2, 1999 (also associated with a full moon)
destroyed additional sections of the sea wall. At that time, the cost of the work to fix the sea
wall became substantially more than 50% of the physical value of the structure and was
considered replacement not repair. Consequently a permit was required before such
= replacement could be undertaken.
As we discussed on the telephone this week, current rules prohibit hardened structures along
ocean beaches. NCAC 07H.0308(a)(1)(B) states that "Permanent erosion control structures
may cause significant adverse impacts on the value and enjoyment of adjacent properties or
public access to and use of the ocean beaches, and therefore, are prohibited. Such structures
include, but are not limited to: bulkheads; seawall; revetments; jetties; groins and
' breakwaters." However, the rule under NCAC 07H.0308(a)(2)(C) goes on to state that
temporary erosion control structures may be used to protect the principal structure and its
associated septic system when they become imminently threatened -- based on the erosion
escarpment being located within 20 feet of the foundation. As we discussed, your structure
is imminently threatened and qualifies for temporary sandbag protection. Any associated
beach bulldozing to cover the bags is exempt from the CAMA permit requirements,
_ MOREHEAD CITY OFFICE
HESTRON PLAZA II 1 51 -8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
,. AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10q PDST-CONSUMER PAPER

Mr. Larry Anderson
Page 2
February 5, 1999
however, a federal permit is required. You should contact Mr. Jeff Richter with the US Army Corps
of Engineers in Wilmington, NC at 910-251-4636 for such authorization. To expedite this matter,
inform him that you have been working directly with the Division of Coastal Management and request
he contact me for the details of the situation.
I understand that you would like to install sandbags and have authorized Mr. Cecil Carter to act as your
agent in getting all appropriate permits and to do the work. Based on your direction, I will coordinate
all activities through him. However, I have enclosed a form for your signature that describes how long
the bags can remain in place and the conditions under which they must be removed and in which they
may remain. If you would please return the form to this office as soon as possible. I have also enclosed
a copy of NCAC 07H for you to read to allow for a better understanding of the sandbag rules.
I do appreciate your cooperation in this matter and am truly sorry that the erosion has threatened your
house. If I can be of further assistance, please contact me at 252-808-2808.
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles S. Jones - DCM, Assistant Director
Tere Barrett - Coastal Management Rep.
Jim Taylor - CAMA LPO, Town of Emerald Isle
John Yost - CAMA LPO, Town of Emerald Isle
Mr. Jeff Richter - USACOE

73

- 7c
ZWO
?S,�`�

January 14, 1999
Mr. Larry W. Anderson`-
1417 Royal St
New Orleans, LA 70116 o. A 7
RE: 407 Ocean Drive, Block 2, Lots 31-33 PIN 6324 1165 1642
Dear Mr. Anderson:
This letter is in reference to the sea wall located at 407 Ocean Drive, Emerald
Isle, N.C. During the recent (1/02/99) southeast storm, the sea wall received
considerable damage and is in need of repair. In order for repairs to be permitted I
must first place a value on the sea wall as it was prior to the erosion event. I have
contacted three marine construction contractors to compare and an average dollar
amount per foot to determine a cost of the sea wall. The average figure determined
was $150.00 per foot.
After conducting a site inspection on January 14, 1999, I have determined the
wall is 160' long and extends approximately 8 '/z' above measured grade. In calculating
the cost based on $150.00/foot, the value placed on the project will be at $24,000.00
In order to replace the sea wall it will require engineering including cost for
repair, and a Coastal Area Management Agency (CAMA) Permit issued by the CAMA
office in Morehead City, N.C.
In order to repair the sea wall it will require engineering including cost for repair;
and, a CAMA Minor Permit from this office; as well as a permit for construction once the
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North Carolina Department of Environment and Natura
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
January 14, 2003
Mr. William Donley
129 Sea Dunes
Emerald Isle, NC 28594
Dear Mr. Donley:
Resources
William G. Ross Jr., Secretary
This letter is a follow-up to our January 10, 2003 meeting onsite your property located at
407 Ocean Drive, in the Town of Emerald Isle, Carteret County, North Carolina. The purpose of
our meeting was to discuss the removal of sandbags located at the site. The temporary erosion
control structure (sandbags) had been permitted and installed by Mr. Larry Anderson, the former
property owner. He was issued a CAMA permit that authorized placement of sandbags along the
oceanfront to protect the house from erosion. This letter also serves as a follow-up to a January
6, 2003 site inspection that Ms. Tracey Wheeler from this office and I made to the site.
As we discussed earlier, the permit issued to Mr. Anderson allowed the bags to remain
in place temporarily for up to two years unless covered by dunes with vegetation sufficient to be
considered stable and natural. The Coastal Resources Commission (CRC) rules also state that
once the temporary erosion control structure is determined to be unnecessary due to beach
nourishment, then it must be removed by the permittee within 30 days. Our site visit revealed
that some 35 to 40 bags have been exposed along the entire 75' length of property. Therefore
according to rule, these bags must be removed within 30 days of the date of this letter.
It was noted during our site visit on Friday that you obviously intend to comply with this
request since many of the exposed bags had already been cut open. You also discussed plans to
have the equipment on the beach to facilitate their removal. The Division appreciates your
cooperation in this matter. If you have any questions please do not hesitate to contact me.
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles S. Jones - Assistant Director, DCM
Tracey Wheeler - Field Representative, DCM
Tere Barrett - Field Representative, DCM
Frank A. Rush, Jr. - Town Manager, Town of Emerald Isle
Jim Taylor - LPO, Town of Emerald Isle
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

57�'-���
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
M. TED TYNDALL ©�.
DISTRICT MANAGER N^^�ENR
DIVISION OF COASTAL MANAGEMENT w
HESTRON PLAZA 11, 151-8, HWY 24
MOREHEAD CITY, NC 28557
PHONE 2S2-808-2808 FAX 2S2-247-3330
ted_tyndall O mail.enr.state.nc.us
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