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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! O 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 :