20090967 Ver 1_Email_20111011

FW: SR1304 Hurricane Irene Damage Pamlico
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FW: SR1304 Hurricane Irene Damage Pamlico PCII'VA IO
Sutton, Michael W 0%
Sent: Tuesday, October 11, 2011 10:29 AM
To: Lane, Stephen; Ward, Garcy; Steffens, Thomas A SAW [e-mail]]; Eure, Gordy R;
Lee, Alvie E; Carrillo, Sonia
Cc: Johnson, Jay B
Attachments: Site 4 SR 1304 CAMA Permits.pdf (7 MB)
Good Morning Lady and Gentlemen.... Site Number 4, SR 1304,River Road,Pamlico Bank Stabilization CAMA
Plermit/Buffer Authorization for your files... Thank You.... mike
From: Lane, Stephen
Sent: Monday, October 10, 2011 10:28 AM
To: Johnson, Jay B
Cc: Sutton, Michael W
Subject: SR1304
Hi Jay,
I have attached a scanned copy of the CAMA General Permit for the shoreline stabilization on River Road in
Pamlico County. Please review, sign, scan, and email back to me. Let me know if you have any questions on the
permit.
Thanks,
Stephen
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https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAADMSzLcd9 W2TJHI4%2b.... 10/12/2011
NCDENR
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SUFFER AUTHORIZATION CERTIFICATE FOR SHORELME STABILIZATION
A riparian buffer authorization is required fof shoreline stabilization activities within the Tar-Pamlico & Meuse River basins
per Division of Water Quality (DWQ) regulations 16A NCAC 0211.0259 & 0233. ,The Division of Coastal Management
(DCM) through a Memorandum of Understanding with the Division of Water Quality(DWQ) has reviewed your project
proposal, determined that the project as proposed complies with the aforementioned regulations, and made a'no practical
alternatives" determination per those regulations.
Those activities covered by your Coastal Area Management Act (LAMA) permit have received Buffer Authorization as
long as the project Is constructed in a manner that continues to meet-all of the conditions listed below. Failure to comply
with this Buffer Authorization shall subject the property owner& the party (contractor) performing the construction &tor
.land clearing to a civil penalty of up to $25,000 per day per violation. ,
1. Impacts: Impacts to woody vegetation from.dearing and filling In Zone 1 (begins at the most landward of either
the waters edge or, the coastal wetland line and extends 30 feet landward) shall be minimized to what must be
impacted for the sound installation of the shoreline stabilization project. Unnecessary clearing and filling in the
buffer is a violation of the riparian buffer rules.
2 Clearing & Grading: Clearing and grading of Zone2 (begins at the landward edge of Zone 1 and extends 20 feet
landward) is allowed provided that It is re•vagetated immediately and Zone 1 is not compromised, which includes
maintaining diffused (non-channelized) flow of storm water runoff through the buffer.
3. Construction Corridors: Construction corridors are allowed for shoreline stabilization projects, but they must be
satisfactorily restored as described in condition 5 below. •!
a. Potential Overwash: For vertical shoreline stabilizationprojacts (bulkheads) only, sites where wave overwash is
expected to be severe, the first ten (10) feet landward (unless specifically authorized otherwise by DCM)from the
structure may be maintained as a stable lawn in order to provide for structural stability.
s. Site Restoration: At minimum, pro-project site conditions must be re-established. A she that was wooded prior to.
this shoreline stabilization project must be restored with woody vegetation at a stem density of 320 stems per
acre. Non wooded sites may be re-vegetated with woody vegetation. Restoration must be completed by the first
subsequent planting season (November 1 through March 30) after completion of the bulkhead. Once re-
established, understory vegetation In Zone 1 Is to be undisturbed and no mowing or any other sctjvity that would
remove understory vegetation is allowed.
Pre-project site conditions: ??«?? `Q f oe f r taw •
s. ` Project Drawing: The drawing on the CAMA General Permit Is considered the project drawing of your property
indicating the location of the shoreline. stabilization structure and any associated clearing, grading, and
construction corridors. This drawing will be used to aid in compliance and monitoring efforts.
By your signaturebelow you agree to beheld responsible for meeting all of the above listed conditions and verify that all
information is complete and accurate.
l YC 5 "^N
Agent or Appll rd Printed Name
Agent or Ap Ic tS nature
CAMA GENERAL PERMIT: $ 7 9 "
Permit Officer's Signature
Issue Date
Office hienhmd City office
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protected. in cases of increased risk of imminent damage, the location of the temporary erosion control structures
shall be determined by the Director of the Division of Coastal Management or designee.
(4) Fill materials used in conjunction with emergency work for storm or erosion control shall be obtained from an
upland source. Excavation below MHW in the Ocean Hazard AEC may be allowed to obtain material to fill
sandbags used for emergency protection.
(5) Structural work shall meet sound engineering practices.
(6) This permit allows the use of oceanfront erosion control measures for all oceanfront properties without regard to
the size of the existing structure on the property or the date of construction.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
inspections at any time deemed necessary to be sure that thee activity being performed under authority of this general
permit is in accordance with the terms and conditions in these Rules.
(c) Development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust
areas including estuarine waters.
(d) This permit shall not be applicable to proposed construction where the Department bas determined, based on an
initial review of the application, that notice and review pursuant to O.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.
(a) This permit does not eliminate the need to obtain any other state, local, or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements, CAMA rules, and local
eland use plans, storm hazard mitigation, and post-disaster recovery plans current at the time of authorization.
History Nate: Authority G.S 113-129(cl); 113.4-107(a),(b): 113A-113(b); 113A-118.1;
Ejj: November], 1985;
Amended F.f December 1, 1991; May 1, 1990;
RRC Objection dire to ambiguity Eff. May 19, 1994;
Amended Ff May 1, 2010; August 1, 1998; July 1, 1994.
15A NCAC 0711.1705 SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in the Ocean Hazard AEC,
(1) Permutable temporary erosion control structures shall be limited to sandbags placed landward of mean high
water and parallel to the shore.
(2) Temporary erosion control structures as defined in Subparagraph (1) of this Paragraph shall be used to protect
only imminently threatened roads and associated right of ways, and buildings and their associated septic systems. A
structure shall be considered imminently threatened if its foundation; septic system, or, right-of-way in the case of
roads, is less than 20 feet away from the erosion scarp. Buildings and roads located more than 20 feet from the
erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently threatened
when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of imminent damage to the
structure.
(3) Temporary erosion control structures shall be used to protect only the principal structure and its associated
septic system, but not appurtenances such as pools, gazebos, decks or any amenity that is allowed as an exception to
the erosion setback requirement.
(4) Temporary erosion control structures may be placed seaward of a septic system when there. is no alternative to
relocate it on the same or adjoining lot so that it is landward of oriu9ine with the structure being protected.
(5) Temporary erosion control structures shall not extend morethan 20 feet past the sides of the structure to be
protected. The landward side of such temporary erosion control structures shall not be located more than 20 feel
seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be,
imminently threatened and at increased risk of imminent damage due to site conditions such as a flat beach profile or
accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the structure
being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control
structures shall be determined by the Director of the Division of Coastal management or designee.
(6) Temporary erosion control structures may remain in place for up to two years after the date of approval if they
are protecting a building with a total floor area of 5000 square feet or less and its associated septic system, or for up
to five years for a building with a total floor area of more than 5000 square feet and its associated septic system.
Temporary erosion control structures may remain in place for up to five years if they are protecting a bridge or a
road. The property owner shall be responsible for removal of the temporary structure within 30 days of the end of
the allowable time period.
(7) Temporary sandbag erosion control structures may remain in place for up to five years from the date of
approval if they are located in a community that is actively pursuing a beach nourishment project and up to eight
years atom the date. of approval if they are located in an Inlet Hazard Area adjacent town inlet for which a
community is actively pursuing an inlet relocation project. For purposes of this Rude, a community is considered to
be actively pursuing a bench nourishment or inlet relocation project if it has:
(A) an active CAMA permit, where necessary, approving such project, or
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(a) been identified by a U.S. Army Corps of Engineers' Beach Nourishment Reconnaissance
. Study, General Reevaluation Report, Coastal Storm Damage Reduction Study, or an ongoing
feasibility study by the U.S. Army Corps of Engineers and a commitment of local or federal
money, when necessary; or .
(C). received a favorable economic evaluation report on a federal project; or
(D) is in the planning stages of a project that has been designed by the U.S. Army Corps of
Engineers or persons meeting applicable State occupational licensing requirements and has
been initiated by a local government or community with a commitment of local or state funds
to construct the project and the identification of the financial resources or finding bases
-necessary to fund the beach nourishment or Inlet relocation project
if beach nourishment or inlet relocation is rejected by the sponsoring agency or community, or ceases to be actively
planned for a section. of shoreline; the time extension is void for that section of beach or community and existing
sandbags are subject to all applicable time limits set forth in Subparagraph (6) of this Paragraph.
(8) pace the temporary erosion control structure is determined to be unnecessary due to relocation or removal of
the threatened structure, a storm protection project constructed by the U.S. Army Corps of Engineers, a large scale
beach nourishment project or an inlet relocation project, it shell be removed by the permitter within 30 days of
official notification by the Division of Coastal Management regardless of the time limit placed on the temporary
erosion control structure.
(9) Removal of temporary, erosion control structures shall not he required if they are covered by dunes with stable
and natural vegetation.
(10)The property owner shall be responsible for the removal of remnants of all portions of any damaged temporary
erosion control structure.
(11) Sandbags used to construct temporary erosion control structures shall be tan in color and 3 to 5 feet wide and 7
to 15 feet long when measured flat Base width of the strucbrre shall not exceed 20 feet, and the height shall not
exceed 6 feet.
(12) Soldier pilings and other types of devices to anchor sandbags shall not be allowed.
(13) Excavation below mean high water in the Ocean Hazard AEC may be allowed to obtain material to fill
sandbags used for emergency protection.
(14) An imminently threatened structure may be protected only once regardless of ownership unless the threatened .
structure is located in an Inlet Hazard Area end in a community that is actively pursuing an inlet relocation project in
accordance with Subparagraph (7). Existing temporary erosion control structures located in Inlet Hazard Areas may
be eligible for an additional eight year permit extension provided that the structure being protected is still
imminently threatened, the temporary erosion control structure Is in compliance with requirements of this
Subparagraph and the community in which it is located is actively pursuing an inlet relocation project in accordance
with Subparagraph (7) of this Paragaph. In the case of a building, a temporary erosion control structure maybe
extended, or new segments constructed, if additional areas of the building become imminently threatened, Where
temporary structures are installed or extended incrementally, the time period for removed under Subparagraph (6) or
(7) shall begin at the time the initial erosion control structure is Installed. For the purpose of this Rule:
(A) . a building and septic system shall be considered as separate structures.
(B) a road or highway shall be allowed to be incrementally protected as sections become
imminently threatened. The time period for removal of each section of sandbags shall begin
at the time that section is installed in accordance with Subparagraph (6) or (7) of this Rule.
(15) Existing sandbag structures may be repaired or replaced within their originally permitted dimensions during the.
time period allowed under Subparagraph (6) or (7) of this Rule.
(b) Erosion Control Structures in the Estuarine Shoreline, Estuarine Waters, and Public Trust AECs. Work permitted by
this general permit shall be subject to the following limitations:
(1) no work shell be permitted other than that which is necessary to reasonably protect against or reduce the
Imminent dmger caused by the emergency or to restore the damaged property to its condition immediately before
the emergency;
(2) the erosion control structure shall. be located no more than 20 feet waterward of the imminently threatened
structure. If a building or road is found to be imminently threatened and at increased risk of imminent damage due
to site conditions such asa flat shore profile or accelerated erosion, temporary erosion control structures may be
located more than 20 feet seaward of the structure being protected. In cases of increased risk of imminent damage,
the location ofthe temporary erosion control structures shall be determined by the Director of the Division of
Coastal Management or designee.
(3) fill material used in conjunction with emergency work for storm or erosion control in the Estuarine Shoreline,
Estuarine Waters and Public Trust AECs shall be obtained from an upland source.
(c) Protection, Rehabilitation, or Temporary Relocation of Public Facilities or Transportation Corridors.
(1) Work permitted by this general permit shall be subject to the following limitations:
(A) no work shall be permitted other than that which Is necessary to protect against or reduce the
imminent danger caused by the emergency or to restore the damaged property to its condition
immediately before the emergency;
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(II) the erosion control structure shall be located no mom than 20 feet waterward of the
imminently threatened structure or the right-of--way in the cave of roads. If a public facility or
transportation corridor is found to be imminently threatened and at increased risk of imminent
damage due to site conditions such as a flat shore profile or accelerated erosion, temporary
erosion control structures may be located more then 20 feet seaward of the facility or corridor
being protected. In cases of increased risk of imminent damage, the location of the temporary
erosion control structures shall be determined. by the. Director of the Division of Coastal
Management or designee;
(C) any fill materials used in conjunction with emergency work for storm or erosion control shall
-. - . ,...: be obtained-from an upland source except. that dredging for film material to protect public
facilities or transportation corridors shall be considered In accordance with standards in 15A
NCAC 7H .0208;
(D) all fill materials or structures associated with temporary relocations which are located within
Coastal Wetlands, Estuarine Water, or Public Trust AECs shall be removed after the
emergency event has ended and the area restored to pre-dismubed conditions.
(2) This permit authorizes only the immediate protection or temporary rehabilitation or relocation of existing public
facilities. Lang-term stabilization or relocation of public facilities shall be consistent with local governments' post-
disaster recovery plans and policies which are part of their Land Use Plans.
HirforyNote: AtdhortryG.S 113-229(ci); 113.4-107(a),(b); 113A-113(6); 113A-118.1;
E . November 1, 1985;
AmendedEff. Apr01, 1999;. February 1, 1996; June 1, 1995;
Temporary Amendment Ef' July 3,1000; May 22, 2000;
Amended Ef" May 1;1010; August 1, 2002.Tempormy Amendment Eft July 3, 2000; May 11, 2000;
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