HomeMy WebLinkAbout19846_WIKLE, RICHARD AND CHUCH BISSETTE_19990209^'eta -,?id-^ ^r;=:;�..'�p!a�".'�7d.�' 6.1�h�"`�#+�'�'s; a'� �wzi��• r�r�`±.?�i.'!�,.a,,w^�w �t �xf�;, i� 4,.:� �t!
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CAMA AND DREDGE AND FILL
GENERAL NV 01-9846
PERMIT
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
Applicant Name
Address
City State
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION
Pier (dock) length
Groin length
number -
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
SKETCH
i
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.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
attachments
application fee
Phone Number
Zip
(SCALE:
Y
�
1
ssuina date
applicant's signature
permit officer's signature
expiration date
BRANCH BANKING AND TRUST COMPANY 27322
T.D. EURE CONSTRUCTION COMPANY, INC. MOREHEAD CITY, NC 28557
P.O. BOX 650
MOREHEAD CITY, NC 28557 66-112/531 2/2/1999
m
a
PAY
TO THE DEHNR
ORDER OF $ **50.00
v
Fifty and DOLLARS
DEHNR
VOID AFTER 60 DAYS n
MEMO / J , l ^� AUTHORIZEDSVT611i
NP
Richard Wikle Permit I\ (�I'
II■D2732211' 1:05310LL20:L23L00242811'
NICON Arp?
6:'S2-728 419�
I D. EURE CONSTRUCTION CO., INC.
POST OFFICE BOX 650
MOREHEAD CITY, NORTH CAROLINA 28557
PHONE 252-728-4191
January 28, 1999
Mr. Charles Pigott
Division of Coastal Management
Hestron Plaza ii
151-B Highway 24
Morehead City, NC 28557
Dear Mr. Pigott:
FEB 0 1 1999
As agents for Mr. Richard Wikle, 1009 Front Street, Beaufort, NC, we would like
to apply for a general permit to construct a residential pier on Taylors Creek, per
the enclosed drawing. The pier will not extend beyond the existing pierhead
line, and will not be within 15 feet of the riparian property lines.
I have enclosed statements of no objection from the adjacent property owners,
as well as a check for $50.00 made out to DEHNR.
Your consideration of this application is appreciated.
Chuck Bissette
/7
C�
T. D. Eure Construction Co., Inc.
enclosures
27 �
F E B 0 1 1999
• •
ri
w
j �l6
I
� 7 !
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
for Construction of (-� n rl�,
Date ! - /S - ? ?
CERTIFIED MAIL / RETURN RECEIPT REQUESTED FEB O 1 1999
This letter is to notify you as an adjacent riparian property owner of
RIC H A T 1b W.� I k L C who plans to construct amp C
at their property located in _�cIAU>`oi�T NC. The attached drawing
depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement, and return this
letter to T. D. Eure Marine Construction Co., Inc. P.O. Box 650, Morehead
City, NC 28557 as soon as possible.
Should you have objections to this proposal, please send your written
comments to the NC Division of Coastal Management, 151-13 Hwy 24, Morehead
City, NC 28557. Written comments must be received within ten (10) days of
receipt of this notice. Failure to respond in either method within ten (10) days
will be interpreted as no objection.
Sincerely,
✓ I have no objection to the project as presently proposed and hereby
1 P 1 P Y P P Y
waive that right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments.
Signature -& � (� , Q,:ft7�
Date o 1 - z o — 99
JRN-23-1999 15:44 FROM ELECTRIC SYSTEMS
INC
TO
125272841912 P.02
FEB
01
1999
� -�-1d0/
'FATE OF NORTH CAROLINA
OUNTY OF NORTH CARpLYNA ENCROACHMENT AND CAMA SETBACK AGREEMENT
This Agreement entered into this ---47 day of June, 1996,
9tween B. T. Funderburk, Inc., a North Carolina Corporation, 5933
onderosa Drive, Raleigh, NC, and Billy T_ Funderburk and wife,
laine C. Funderburk, 5933 Ponderosa Drive, Raleigh, NC,
ollectively herein "Party of the First Part" and Richard W. Wikle
nd wife, Claudene P_ Wikle, 911 Oak Crest Drive, Reidsville, NC,
erein "Party of the Second Part";
W I T N E S S E T H:
WHEREAS, Billy T. Funderburk and wife, Elaine C. Funderburk,
ave entered into a contract to sell certain real property acquired
y Billy T_ Funderburk by Deed recorded in Book Sog, page 196,
arteret County Registry, to -.he Party of the Second Part, said
ontract being dated May 6, 1996;
WHEREAS, 54-ij property being -conveyed by Billy T. Funderburk
cid wife, Ela.Lnc C. Funderburk, to the Party of the Second Part is
hown on a survey prepared f or the Party of the Second Part by
amen Phillips, Registered Surveyor, dated May 29, 1996, and said
arvey indicates that pilings and a portion of the dock on the
3j Oin.i.ng property of B . T. Funderburk, Inc. on Taylor's Creek,
Zcroach across the common boundary line between the property of $.
. Funderburk, Inc. and the property being acquired by the Party of
tee Second Part;
WHEREAS, it is within contemplation of the Party of the Second
Part that they will hereafter make application to the Office of
C astal Management for a dock permit on said property being
JR11-28-1999 15:45 FROM ELECTRIC SYSTEMS IhIC 10 1251'204192 P.03
onveyed pursuant to Lhe contract between the parties dated May 6,
996, and the Parties hereto now desire to provide for future
ederal and State permits for the property being acquired by the
4rty of the Second Part and to further provide as to said
ncroachment; and
WHEREAS, boat slip number 1 as shown on plats recorded in Map
ook 10J, Page 31, Carteret County Registry, is part of the limited
ommon areas of the Lord Carteret Condominiums and has been
onveyed by Deed from B. T. Funderburk, Inc. to Billy T. Funderburk
nd wife, Elaine C_ Funderburk, by Deed recorded in Book UO-50,
age 32, Carteret County Registry, and the land on the south side
f Front Street to include the docks was conveyed to B. T.
derburk, Inc_ by Deed recorded in Book 613, Page 144, Carteret
my Registry, with the exception of those Deeds thereafter given
B. T. Funderburk, Inc. for individual slip spaces within said
al property, IpLgd the Party of !the First Part collectively have
tered into this agreement for the purposes set forth herein.;
NOW, THEREFORE, in consideration of the mutual terms and
itions set forth herein, the Parties have agreed as follows:
1. Acknowledgement of Encroachments. The Parties hereto
cknowledge that the western 1.88 feet of the dock forming the west
ine of slip number 1 as shown on said plats recorded in Map Book
0J, Page 31, Carteret County Registry, encroaches across the
ommon boundary of the property being purchased by the Party of the
econd Part from the Party of the First Part as recorded in Book
08, Page 196, Carteret County Registry, as shown on the attached
F
1 f11 Ii Imo' — -- ll;`l'�t r;�
JRN-28-1999 15:45 FROM ELECTRIC SYSTEMS INC TO 12527284192 P.04
urve of James Phillips. Additionally, said pilings as shown on
Y p Y P 9
he attached survey further encroach 17 feet. The Parties hereto
i
tipulate and agree that the dock portion encroaching across said
jLune may continue in its present location with the consent of the
arty of the Second Part and the Party of the First Part may do
eriodic maintenance to the same.
2. Use/Removal of Pil;L S. With regard to the encroaching
flings as shown on the attached survey, the Party of the Second
Part may either remove said pilings hereafter or may incorporate
he same into any pier or dock configuration. The Party of the
Second Part may hereafter construct on the Party of the Second
arc's real property. Said pilings may be either removed or may be
used by the Party of the Second Part for docking exclusively for
he Party of the Second Part's real property and vessels thereon.
dditionally, the Party of the Second Part may incorporate the west
Ortion of the ),d(�ck which encroaches 1.88 feet across the common
oundary line as part of the Party of the Second Part's dock
configuration. The Party of the Second Part may use the western
1.88 foot portion of the dock that encroaches across the common
oundary line as part of the Party of the Second Part's dock
configuration, for the tie-up of a vessel and the installation and
use of pilings adjacent thereto including the placement of new
ilings adjacent thereto. However, nothing herein shall give the
Party of the Second Part access over the land of the Party of the.
First Part or over the docks and slips of the Party of the First
Part for access to the encroaching portion of the dock.
3
JRN-28-1999 15:46 FROM ELECTRIC SYSTEMS INC
TO 12527284192 F.05
3. Consent to CAMA Setbacks. The Parties hereto acknowledge
:hat the dock of the Party of the; First Part and particularly slip
encroaches within the required 15 foot CAMA setback under the
egulations of the Office of Coastal Management and the Coastal
rea Management Act. The Party of the Second Part does hereby
onsent to the encroachment and its continuing nature and consent
o the ability of the Party of the First Part to replace, repair or
ainta.in boat slip number 1 and the docks on the Party of the First
art's land.
Additionally, the Party of Lhe First Part acknowledges that a
ortion of the Party of the Second's Pa.rt's dock or piers hereafter
onstructed may encroach within the 15 foot setback along the
boundary between the properties of the Party of the First
art and the Party of the Second Part, and the Party of the First
t further consents to a. waiver of the 15 foot setback so that
he Party of thT Second Part may incorporate the encroaching
ilings and place docks and other structures within the 15 foot
setback_ This waiver of the setback likewise shall be
ontinuing and shall authorize the Party of the Second Part to
epair, replace or maintain pilings and other structures located
ithin the 15 foot setback. The Party of the First Part does
ereby authorize and permit the Party of the Second Part to present
his waiver to the Office of Coastal Management for purposes of
ssuance of a CAMA permit. Provided, the Party of the First Part
hall not be :authorized to dock, tie up or place any vessel between
he pilings and the western portion of the dock encroaching over
4
JAN-28-1999 15:46 FROM ELECTRIC SYSTEMS INC
TO 12527284192 P.06
he common boundary as shown on the attached map, and the Party of
he Second Part shall not construct any dock configuration within
he Party of the -Second Part's riparian boundaries nor shall any
instruction and use interfere with the Party of the First. Part's
avigational rights in and out of slip number 1, Lord c'arteret
ndominiums.
4. Insurance and Indemnification. The Party of the First_
art will continue to maintain liability insurance on the
ncroaching portion of the dock as well as boat slip number 1 and
ill indemnify and hold the Party of the Second Part harmless from
ny injuries, property damage, liabilities and costs resulting from
nyone injured on the encroaching portion of the dock as part of
lip number 1_ on and after this agreement the Party of the Second
art- will maintain liability insurance covering injuries, damages,
osts and liabilities associated with the pilings and the Party of
l e Second Part l,s; dock or piers acid uses thereof, and shall further
ndemnify and held harmless the Party of the First Part from any
laims resulting from injuries, costs and liabilities which may be
Lade against the Party of the First Part.
5. Binding Effect. This Agreement shall be binding on the
'arties and their heirs, successors in interest and assigns.
additionally, this Agreement shall inure to the benefit of the
'arties hereto and their heirs, successors in interest and assigns.
G. Construction and Legal Effect_ This Agreement shall be
.nterpreted and enforced in accordance with the Laws of the State
of North Carolina. As used herein the singular shall include the
5
JPN-23-1999
15:47
FROM ELECTRIC SYSTEMS
INC
TO
12527204192 P.071
plural
and
the masculine shall.
include
the
feminine or neuter
nders as the context may require.
IN WITNESS'WHEREOF, the Party of the First Part and the Party
r the Second Part have executed this executed on the day and year
irst above written.
Secretary
�00
.r4d-
B. T. Funderburk,
tv
ir z
r
P-sid/nt
SEAL)
Billy Funderburk
EAL)
Elaine C. Funderburk
(SEAL)
Richard W. Wikle
1-14 A i ... . ) // " , . '61, 1
Claude!ne P. Wikle
BOOK--- FAGF.
JRN-28-1999 15:47
FROM ELECTRIC SYSTEMS INC
TO
12527284192 F.08
TATE OF NORTH
CAROLINA
COUNTY
OF CARTERET
T, ;Z1*+h11 t.Uare )�- , a Notary Public of the
aunty and State aforesaid, cerG.i,.f.y that.
personally appeared before me this day and acknowledged that he
s the Secretary of B. T. Funderburk, Inc., a North Carolina
orporation, and that by authority duly given and as the act of the
6rporation. thefor'egoing instrument was signed in its name by its
-;residetiL, sealed with its corporate seal, and attested by
e'l'E as its Secretary.
.Witness my hand and official stamp or seal, this the I day
euhe ,' 1996.
�-�'•, y Gobnmission Expires:
lrl 'c �-1 ►. Notary Public
TATE OF' NORTH CAROLINA COUNTY OF "Y L.(%4 Q
a Notary Public for the
foresaid County Ad state, do hereby certify that Silly T.
Funderburk and wife, Elaine C. Funderburk, personally appeared
before me this day and acknowledged the execution of the foregoing
instrument.
MA 1t.YNL,,ljtbttLOess my hand and seal, this the day of ,June, 1996.
Notary Public. State of NC
\ _
CuquatEwAtitssion Expires: 1'P `\o -a0C30
Cammissio w Expiros June 6,2000 Notary Publi
T.A.TE OF NORTH ICA�cOLINA COUNTY OF CARTERET
I ,� -�-roN L` ¢- �N� t-1 a Notary Public for the
aforesaid County and State, do hereby certify that Richard W. Wilde
and wife, Claudene P. Wikle, personally appeared before me this day
and acknowledged the execution of the foregOL4�c instrument.
•,Witness my hand and seal, this the t day of June, 1996.
jf"rnmission Expires:
Notary Public
ORTH CAROLINA, CART
O ed p; �4ROLINAERET
he foregoing certificatp(s) of,
(are) .certified try be correct. This instrument was pre-
> k.
t' ''•:... q Jj° 00
� registr i n
Sen
Pa d r orded in this office in
Th i
y o ,JI
Sharon Piner
a este
By. r of Deeds
cL = A Deputy �
i __
Location:
Field Rep.
Phone: ��& ?j — -5/(p Date of FEoort:
DE_=crintion of Project:
Date Project Feportedly Compute:
(1) ' Do the Measured dimensions of th.E development,Q1ffer fron, those
indicated in the per-mit .and workplat?, Yes / Have all pE t
rm j
conditions been satisfied? No
CO2P-aNT :
(2)
(3)
SC=1riET1tct1GT"i c?"iC Erosion control: Has pe=mi
or ct wice all G1s llrhE^ crE_SE No
CO?*^�:ENT .
I
Cray=;-= f
Fut—ure MOnitcring and ZnfOrce'en r .
AC'• n: IS fLr�ncr irVE_�1Qc�10P_
Cr E7fOrCE:':ETIt action needed. YES
COIL=T :