HomeMy WebLinkAbout74139_Robert & Cindy Fuller_20200110 YCAMA / DREDGE & FILL IY 05001 1-) No. 7413926, /o) C D
•
GENERAL PERMIT Previous permit# Oki �/
>G . New Modification Complete Reissue Partial Reissue Date previous permit issued Nh •
As authorized by the State of North Carolina, Department of Environmental Quality i
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 71-) , Z c9c9 0
C Rules attached.
Applicant Name_ Kof f,j 1 C II./Dy f"C IALLI: 1/ Project Location: County rnpl Lli o CVNA/11
Address it) 0 V E►2 t v IC Street Address/State Road/ Lot #(s) /0 O l/(12C.O 0/'
- City q\AFA1IOE State/41— ZIP 18521 C r
t, Phone# (p Q 1I 1 ) 406 't 37 !E-Mail Subdivision -7 K- OA c-
Authorized Agent "!I City ARA PA PO r ZIP 2 D 5.;9
CW 4EW ''TA DES ❑PTS Phone # ( ) River Basin wry 5L.
Affected OEA ❑HHF ❑IH ❑UBA ❑N/A p
AEC(s): Adj.Wtr. Body p f-A, ] CI?�C IC, dip man /unkn)
PWS: 1
no Closest Maj.Wtr. Body NE U sr j 'I i f
0 RW: yes 0 PNA yes
Type of Project/Activity Au 1.140 R I r Cp l 3 Ax 13/ o rA o tl,:R(1) 13o A I Z1,C'r-
N f
I .Sca e• 0.
( 1 .3 )
Pier(dock)length .
Fixed Platform(s) __ — -1 • i •
Floating Platform(s) — fg A gl)
Finger pier(s) "•r 1 . 1iI�'Groin length — I (1) • j C
number -
f V _
Bulkhead!Riprap length ..1 i.
avg distance offshore 1
max distance offshore i r..
Basin,channel '•' j I
�.� r1 j
cubic yards " Ii I ATt11"
Boat ramp ' I /
Boathouse Boadift )3 7�(3
- i I
Beach Bulldozing_- _ TT
Other "-
i .
l
Shoreline Leny . _
S~? Hik `SAV: yes no -� rlfi
p `
.d/.>- -" -T k____
Moratorium: n/a yes ! � � ' ��
Photos: yes es 4_ I row Lu of a la S � )
Waiver Attached: yes
1 �- 1 17," . ` . . 7
A building permit may be required by: 1'AM(-J(O Cot n)11 . E See note on back regarding River Basin rules.
( Note Local Planning Jurisdiction)Notes/Special Conditions Sr ( 6711.200o r O
€11rA I J co/JP/noN 5
F ' i' t ( t) /� CJ )I�\J l i- I Mel—
Agent or Applican(Printed Name Permit Of r' anted N e
.Jt--CYI.1
Signature "Please read-compliance statement on back of permit*" Signature
I Zco•ao 812 b lb 1APJ to Z o it' APO. zvz 0
Application Fee(s) Check# Issuing Date Expiration Date
Statement of Compliance and Consistency
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 or criminal or civil action; and may cause the permit to become
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 I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the
Wilmington Regional Office(910-796-7215)for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters Washington District
400 Commerce Ave 943 Washington Square Mall
Morehead City, NC 28557 Washington, NC 27889
252-808-2808/ I-888-4RCOAST 252-946-6481
Fax: 252-247-3330 Fax: 252-948-0478
(Serves:Carteret,Craven,Onslow- (Serves: Beaufort, Bertie, Hertford, Hyde,
North of New River Inlet-and Pamlico Tyrrell and Washington Counties)
Counties)
Elizabeth City District Wilmington District
401 S. Griffin St. 127 Cardinal Drive Ext.
Ste. 300 Wilmington, NC 28405-3845
Elizabeth City, NC 27909 910-796-7215
252-264-3901 Fax: 910-395-3964
Fax: 252-264-3723 (Serves: Brunswick, New Hanover,
(Serves:Camden,Chowan,Currituck, Onslow-South of New River Inlet-
Dare,Gates,Pasquotank and Perquimans and Pender Counties)
Counties)
http://portal.ncdenr.org/web/cm/dcm-home
Revised 7/06/17
ROY COOPER
Governor
N
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Coastal Management
ENVIRONMENTAL QUALITY
10 January 2020
Mr.and Mrs. Simmons
16180 Lakeshore Drive
Wagram,NC 28396
RE: Robert and Cindy Fuller
10 Overlook Ct
Arapahoe,NC 28259
Boatlift General Permit
Dear Mr. and Mrs. Simmons:
The Division of Coastal Management has reviewed your 29 December 2019
correspondence objecting to the above referenced project. The boatlift as proposed is consistent
with North Carolina Administrative Code 07H.2000. (See Attached) The project as proposed is
consistent with the appropriate rules and regulations of this Division. Therefore, on 10 January
2020, Kevin Hart of my staff issued CAMA General Permit No. 74139B for the aforementioned
boatlift located at 10 Overlook Court,Arapahoe,NC 28529 (See Attached).
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environmental Quality within 20 days of the
permit decision. I have enclosed a copy of the permit, applicable rules and the third party appeal
form. If you have any questions regarding this matter, please do not hesitate to contact me at
(252)-946-6481.
Since ly,
•
KEfS ive
r Y
District Manager
Division of Coastal Management
Washington Regional Office
Enclosures
Nothing Compares
State of North Carolina i Environmental Quality E Coastal Management
Washington Office•'. 943 Washington Square Mall I Washington.North Carolina 27889
252 946 6481
r •
SECTION.2000-GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO
EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN
HAZARD AREAS
15A NCAC 07H.2001 PURPOSE
A permit under this Section shall allow for reconfiguration,minor modifications,repair and improvements to existing pier and
mooring facilities in estuarine waters and public trust areas according to the authority provided in Subchapter 07J.1100 of
this Chapter and according to the rules in this Section. This permit shall not apply to oceanfront shorelines or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the
Estuarine Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy,and lower erosion
rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107; 113A-118.1;
Eff October 1, 1993;
Amended Eff April 1,2003.
15A NCAC 07H.2002 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request
approval for development. The applicant shall provide information on site location, dimensions of the project area,and
his/her name and address.
(b) The applicant shall provide:
(1) a dated plat(s)showing existing development and the proposed development;and
(2) confirmation that:
(A) a written statement has been obtained and signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work;or
(B) the adjacent property owners have been notified by certified mail of the proposed work. The
notice shall instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal
Management within ten days of receipt of the notice,and, indicate that no response will be
interpreted as no objection.
(c) DCM staff shall review all comments. If DCM determines that the comments are relevant to the potential impacts of the
proposed project and the permitting issues raised by the comments are worthy of more detailed review,DCM shall notify the
applicant that heJshe must submit an application for a major development permit.
(d) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the
applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed within 120 days
of permit issuance or the general authorization expires and a new permit shall be required to begin or continue construction.
History Note: Authority G.S. 113A-107; 113A-118.1;
Eff January I, 1994;
Amended Eff August 1, 2007.
07H.2003 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars(S200.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119.1;
Eff October 1, 1993;
Amended Eff September 1, 2006;August 1,2000.
15A NCAC 07H.2004 GENERAL CONDITIONS
(a) Structures authorized by this permit shall conform to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of
this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers or
mooring pilings.
(d) This permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
(g) This general permit will not be applicable where the Department determines that the proposed modification will result in
closure of waters to shellfishing under rules adopted by the Commission for Health Services.
History Note: Authority G.S. 113A-107; 1I3A-118.1;
Eff.January 1, 1994;
Amended Eff.August 1,1998.
15A NCAC 0711.2005 SPECIFIC CONDITIONS
(a) All proposed work must be carried out within the existing footprint of the development with no increase in the number of
slips nor any change in the existing use. "Existing footprint"is defined as the area delineated by the outer most line of tie
pilings,ends of piers,and upland basin or area within an enclosing breakwater,whichever is greater.
(b) Modifications to piers and mooring facilities shall not interfere with the access to any riparian property,and shall have a
minimum setback of 15 feet between any part of the pier(s)or piling(s)and the adjacent property lines extended into the water
at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written
agreement of the adjacent riparian owner(s),or when two adjoining riparian owners are co-applicants. Should the adjacent
property be sold before construction of the pier(s)or piling(s)commences,the applicant shall obtain a written agreement with
the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any
development. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep
water in front of the property,then drawing a line perpendicular to a line of the channel so that it intersects with the shore at
the point the upland property line meets the water's edge. When shoreline configuration is such that a perpendicular
alignment cannot be achieved,the pier shall be aligned to meet the intent of this rule to the maximum extent practicable.
History Note: Authority G.S. 113A-107; 113A-118.1;
Eff October 1, 1993.
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to R66A 1 heir is
(Name of Property Owner)
located at_ I C `�U ei ock C.� Ut+/ Aria 1( 11) C
property -.- t,Block,Road,etc.)
on t5 CP CA-Zak k ,in p, a, C_D ,N.C.
(Waterbody) (Town and/or County) .(_
Applicant's phone#: q[g`�6--(03 7l Mailing Address: i 0 c)l � court S.
Crwrl j
g52
He has described to me,as shown below,the development he is proposing at that location,and,I
have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by property owner proposing development)
F3topo c (0 O01b Ca70 ty
10
boa_4_1; wn 412e.46,,,_.‘1112_1f-
Jus f - cro55 flock
RECEIVED
JAN 03 2020
lt�}- DCM-WARO
(Information for Property Owner Applying (Riparian Property Owner Information)
for Permit)
Mailing Address Signature
rrrn-Ek Sri 1 n0- 21524
City/State/Zip Print or Type Name
9i q — to - 6371
Te • • I • +e Number Telephone Number
. el 2-6*
S__. te Date
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to RAripAl-- 4,44, ru I Ievs 's
(Name of Propelity Owner)
property located at I O Cb U V kook_ coot` ArA D r j 1 C
-- (Lot,Block,Road,etc.)
on 6.0.40.4 , in PA-eY) I i Cc7 ,N.C.
(Waterbody) (Town and/or County)
6-6371Mailing Address: i a OV Cour+
Applicant's phone#: Ql q`
Gr►4etfS borne ✓)C.-
He has described to me,as shown below,the development he is proposing at that location,and, I
have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by property owner proposing development)
052. scP r4 '\ et_ (0 0 OO ) C�
boA+Ii wrt 472,ult0d1 f 749 1'1'2'
G1oc J uS+ f _t&, C ro S5 e0c
e
(Information for Property Owner Applying (Riparian Property Owner Information)
for Permit)
1
MailingAddress cf
Signature
City/State/Zip Pr or Type Name
q ► � - 37/ sz -aye— � ���
Te a Number Telephone Number
6‘...011 -We- 12- J 5 I
S
ate Date Date
r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete Items 1,2,and 3. A. Signature
IIPrint your name and address on the reverse X /f ❑Agent
so that we can return the card to you. A . - '11 i/` 1 ❑Addressee
III this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes
194— D y- If YES,enter delivery address below: ❑ No
V)?,1-c-fie I( g/ tY1 mofLs
I & / ? o L J S/ DG-
CC-9 r-:'‘4--W n
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I II I I III 1111111 I I II 1111111 o Adult Signature 0 Registered Mail'"
❑Adult Signature Restricted Delivery 0 Registered Mail Restrictec
_ 'fled Mail® Delivery
9590 9402 4546 8278 8717 90 0 Certified Mail Restricted Delivery O Return Receipt for
❑Collect on Delivery Merchandise
2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation'"
it 0 Signature Confirmation
7 019 2280 0000 0 417 7383 it Restricted Delivery Restricted Delivery
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
II'I��11��11'4'!f!'II11l111111I1'I'IIIII(I+IIII' I1l111IIiI�II(I
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue,Governor James H. Gregson, Director Dee Freeman,Secretary
Date ( Z 1 S f l
Name of Property YOwner Applying for Permit:
FC).6-,2A FL.)
Mailing Address:
/0 ntitA)ask Cipu/4 5--
GA04/. .69-r‹D n ,g -z_v
P1es 1 to actonI certify that I have authorized (agent) 1 �/r� � my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct(activity) Q4-1 1/ 7�
at(my property located at) / C U c x f, 62 /-r /1 ,. is
This certification is valid thru (date)
L21, 'p
Property Owner Signature Date
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
North Carolina Department of Environmental Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Mitchell O. Simmons
Sara C. Simmons
16180 Lakeshore Drive
Wagram,NC 28396
December 29, 2019
Dear Sir or Madam,
We received the attached form from a property owner of a property adjacent to ours in The Oaks
at Beard Creek subdivision in Pamlico County. The form we received seems to be an invalid one,
since there is no such form on the DNR website (https://deq.nc.gov/about/divisions/coastal-
management/coastal-management-permits/adjacent-riparian-property). The form we received
from the property owners did not include a space to record our objection.
Please accept this letter as our written objection to the proposed project. We believe that there
will be significant adverse effect on the value and enjoyment of our property as riparian owners
because the proposed project will detract from the view of the water from our property.
The location of our adjacent property is:
Lots 21
5 Overlook Court West
The Oaks at Beard Creek Subdivision
Pamlico County
Arapahoe,NC
Sincerely,
't e O. Simmons
Sara,C. immons RECEIVED
ja-Q e. tefe:„ i y .) iAN 03 2020
DCM-WARO
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Robert & Candy Fuller ,s
(Name of Property Owner)
property located at 10 Overlook Court, Arapahoe, NC
(Address, Lot, Block, Road, etc.)
on Beard Creek , in Pamlico County , N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
X I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See attached proposal
RECEIVED
JAN 0 3 2020
DCM-WARO
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
X I do not wish to waive the 15' setback requirement.
(Property Owner Information) (Ad' a Pro Owner Information)
Signature ig tit
Mitchell & Sara Simmons
Print or Type Name Print or Type Name
16180 Lakeshore Drive
Mailing Address Mailing Address 28396 Wagram,
City/State/Zip City/State/Zip
910-280-5510
Telephone Number/email address Telephone Number/email address
12/30/2019
Date Date*
(Revised Aug. 2014)
*Valid for one calendar year after signature*
Applicant: ROODZ C I N P y r ULC
Date: /D TA Ai 202(7
General Permit#: 7_9/3 ,_
Describe below the HABITAT disturbances for the application. All values should match the name,and units of measurement
found in your Habitat code sheet
I TOTAL Sq. Ft FINAL Sq.Ft TOTAL Feet FINAL Feet
(Applied for. (Anticipated final (Applied for. (Anticipated final
DISTURB TYPE Disturbance total disturbance. Disturbance disturbance.
Habitat Name Choose One includes any Excludes any total includes Excludes any
anticipated restoration any anticipated restoration and/or
restoration or and/or temp restoration or temp impact
temp impacts) impact amount) temp impacts) amount)
O Pr.J i)A r Dredge❑ Fill 0 Both 0 Other 0 I� 7F' 2 It 9 F I Z
Dredge❑ FiN❑ Both ❑ Other ❑
Dredge❑ Fill❑ Both ❑ Other 0
Dredge❑ Fill 0 Both 0 Other 0
Dredge❑ Fill❑ Both ❑ Other 0
Dredge❑ Fill❑ Both ❑ Other 0
Dredge❑ Fill❑ Both 0 Other ❑
Dredge❑ FA❑ Both ❑ Other 0
Dredge❑ Fill 0 Both 0 Other 0
Dredge 0 Fill 0 Both ❑ Other ❑
Dredge❑ Fill❑ Both 0 Other 0
Dredge 0 FiN❑ Both 0 Other 0
Dredge❑ Fill❑ Both ❑ Other ❑
Dredge 0 Fill 0 Both 0 Other ❑