HomeMy WebLinkAboutGeneral Permits (768)3 � Y
CERTIFICATION OF EXEMPTION
Y FROM REQUIRING A CAMA PERMIT ru- {`,f
as authorized by the State of North Carolina, ► Pi. S?G►3a�
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203.
Applicant Name �� Vv" ;� <flr (a, I{, ( `yam {-mod dy P/fV/ Phone Number 393 72c S
Address tuZ )q.
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Project Location (County, State Road, Water Body, etc.) r'e, ft, F noun 4? 7 t to',n4<, r fa s �,
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Type and Dimensions of Project <TT rJHr✓ (Nc, n_ci i
The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quirement pursuant to 15 NCAC 7K .0203. This exemption to
CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
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Any person who proceeds with a development without the con-
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this exemption that (1) the ap-
plicant has read and will abide by the conditions of this exemp-
tion, and (2) a written statement has been obtained from adjacent
landowners certifying that they have no objections to the
proposed work.
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Applicant's signature
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CAMA Official's signature
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Issuing date
Expiration date
Attachment: 15 North Carolina Administrative Code 7K .0203
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(FOR A PIERIMOORING PILINGS/BOATLIF IBOATHOUSE)
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I hereby certify that I own property adjacent to
(Name of Property Owner)
Property located at 7 Wa 7-
(Lot, Block, Road, etc.)
on ,o J- in 76cyeap-e ��,-7-�`�F? , N.C.
aterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
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* Print or Type Name
Telephone Number
Date: (,, - f - C-) �
TOWN OF CAPE CARTERET
102 Dolphin 5t
Cape Carteret, NC 28584
Phone 252-393-8483
Fax 252-393-6799
May 31, 2001
Ms. Evelyn Cook
25 Burton Place
Jacksonville, NC 28540
Dear Ms. Cook:
The Town of Cape Carteret has applied to CAMA for a permit to repair the Town street
end park at the end of Easy Street. The erosion caused by past hurricanes has resulted in a loss of
property. Unfortunately, CAMA will not allow the town to bulkhead the property because of the
marsh grass.
CAMA has approved for the Town to fill in the washed out area with suitable soil, install
the black filter cloth and wash rock along edges in order to prevent further erosion. The soil filled
area will be covered with sod.
CAMA also requests that the Town have approval of any adjoining property owners.
Since you are the property owner on record for parcel # 5384.11.65.8956000, we are sending you
the Adjacent Riparian Property Owner Statement that is required. If you in agreement with this
project, would you please sign this statement and return it to us in the enclosed envelope? I am
also enclosing a copy of this statement for your records. If you have any questions at all, please
call our Maintenance Supervisor, Buddy Dew, at 252-393-7205.
Thank you so much for your cooperation and understanding of this project.
Sincerely,
Carole A. Fox
Assistant Town Clerk
Enclosure: Adjacent Riparian Property Owner Statement
Return envelope
CX"Jnv1.:1V 1 XUXtJiVl•uI t AlJrrnI I V YYJ'NrA JlaII:IYIL_LN I
(FOR A PIERIMOORING PILINGSIBOATLIFTIBOATHOUSE)
I hereby certify that I own property adjacent to _70-0-4, �,� �Qo �o RT��ET 's
(Name of Property Owner)
property located at T w, , Jp Q, /P Z�4,/ o c- 8y .ST.PE"- 7- ,
(Lot, Block, Road, etc.)
on ,Bo !J7 ,, in 7euvw
aterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boadift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOP.NMx4 :
(To be filled in by individual proposing development)
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Signature
Print or Type Name
Telephone Number
Date:
1
Page 1 of 3
Tenn of Cape Carteret
From: <Cclyde2@aol.com>
To: <Tccfox@tcpl.com>
Sent: Tuesday, June 12, 2001 6:08 PM
Subject: 322 Easy Street—Park/Erosion
Clyde R. Cook, Jr.
302 Lakeside Drive
Garner, NC 27529
Ms. Carole A. Fox
Assistant Town Clerk
102 Dolphin Street
Cape Carteret, NC 28584
-- June 12, 2001 --
Dear Ms. Fox:
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I called Cape Carteret Town Clerk Karen Zornes on June 8, 2001, and informed her that my mother,
Evelyn E. Cook, has asked me to assist her in responding to your letter to her dated May 31, 2001.
My mother does not necessarily object to the erosion -repair -and -control plans for the "park" at the end
of Easy Street, as outlined in your letter. However, she does have a couple of concerns that could lead
her to object if those concerns are not resolved.
First of all, my mother is worried about the possibility that the measures proposed in your letter could
divert the erosion -causing tidal wash from the
park onto HER water -front property at 322 Easy Street. Secondly, she worries that the proposed
measures might be related to some underlying intent to promote even heavier use of the park, by
providing still more recreational and parking area at the site.
The first concern appears quite justifiable to me, now that extensive i-nfilling and bulkheading of the
water -front lot immediately acoss the street from my mother's property has been allowed; and given the
fact that could be responsible for at least some of the more recent erosion problem at the park's
shoreline.
The second concern stems from my mother's unresolved objections to park "improvement" plans
announced by the town in 1996. Both she and my late father, Clyde R. Cook, were convinced that the
so-called improvements and related relaxation of access restrictions involved would, in effect, open the
park up to the general public, by unlawfully encouraging persons other than property owners in the
Bayshore Estates Subdivision to park and visit there.
Regarding the latter concern, my parents retained attorney Richard L. Stanley of Beaufort, NC, who
wrote a letter on July 2, 1996 to Mr.Paul D. Acri, the town's Commissioner for Parks and Recreation
at that time. That letter asked the town to "cease and desist" its implementation of the so-called
improvements
planned for the park. But unfortunately, for some reason (hurricanes?) the town never responded to Mr.
Stanley's correspondence. Nor did it ever respond after I appeared before the town board some time
rage z or -i
.
during mid 1997(?), to present my parents' objections to the park improvements [as well as to explain
their objections to the town's ordinance that prevents rebuilding on a fifty -foot -wide lot they owned
(and which my mother STILL owns)at 320 Easy Street.]
Although my parents noted the town board somewhat later adopted a decal requirement for vehicles
parked at the subdivision parks, they remained convinced that, because of historically lax enforcement
of earlier -existing parking ordinances appplicable at the end of Easy Street, the decal requirement
would be widely ignored. They were also disappointed to subsequently learn that the relaxed parking
ordinance and new sign at the end of Easy Street permits parking by ALL town residents who display
the required decal, NOT just subdivision property owners and their guests.
Ms. Zornes informed me during my telephone conversation with her of June 8, 2001, that she had no
knowledge of Mr. Stanley's letter to Mr. Acri. (For her additional information, I will fax a copy of it to
her later this week). In addition, she told me that shortly after she began working for the town in 1997,
the town obtained a legal opinion of some sort advising that it could
NOT restrict parking at the parks to subdivision property owners ONLY; and opinining that it could
only restrict parking there to town RESIDENTS and their guests. (By the way, did the person who
rendered the opinion address the legal issues raised in Mr. Stanley's letter to Mr. Acri?) Finally, Ms.
Zorn stressed that the town's new police chief has cracked down considerably on enforcement of the
parking ordinance at the end of Easy Street --which will no doubt please my mother, IF the stepped -up
enforcement continues and proves effective in bringing about better compliance.
Meanwhile, for the record, lest there be any doubt, my mother's overall position regarding the park at
the end of Easy Street remains essentially the same as in
1996, as set forth in the aforementioned letter Mr. Stanley sent to 1%Jr. Acri on my parents' behalf.
Since my telephone conversation of June 11, 2001 with Ms. Zorn, I have spoken via telephone with
Cape Carteret Maintenance Supervisor Buddy Dew, about the town's plans for erosion repair and
control at the end of Easy Street. He has informed me that he feels the town would probably be willing
to take similar such
measures to shore up my mother's sound -front property there --in the event implementation of the
town's erosion -control measures unexpectedly diverts the
prevailing tidal wash onto my mother's shoreline, and provided any thus diverted tidal wash causes a
significant increase in erosion to her property. A written agreement by the town to do so would likely
diminish my mother's concerns along these lines considerably.
By the way, as I also mentioned to Mr. Dew, my mother had already been concerned for some time
about the possibility that some significant erosion to her shoreline might already be occuring, because
of the town's practice of regularly mowing the marsh grass at the end of Easy Street --all the way to
edge of Bogue Sound. In fact, she even wonders if such a practice is allowable under CAMA laws
and/or regulations. (IS it?)
Although your position as stated to me thus far failed to resolve my mother's five -year -old objections to
the town's relaxation of parking at and access to
the park, she was pleased to learn that both Ms. Zornes and Mr. Dew have assured me the town
neither plans to provide more parking there nor to further ease existing access restrictions.
Meanwhile, as for obtaining my mother's approval for the erosion -control aspect of the park issue: Is
the town willing to first provide her a written statement to the effect that, at it's expense, it will
promptly take appropriate measures to deal with any significant erosion to her property that might
U.
Page 3 of 3
result?
Thank you VERY much for your time, courtesy, patience, and understanding regarding this matter to
date; and please do not hesitate to call me in order to resolve it expeditiously.
If you need to contact my mother to verify any of the information herein, her present address is 25
Burton Place, Jacksonville, NC 28540; and her telephone number is (910)347-6809.
Sincerely yours,
Clyde R. Cook, Jr.
919-716-0030(o)
919-779-1154(h)
Page 1 of 2
Town of Cape Carteret
From: <Cclyde2@aol.com>
To: <tccfox c@tcp1.com>
Sent: Wednesday, July 11, 2001 3:37 PM
Subject: Easy St. Park Erosion
Clyde R. Cook, Jr.
302 Lakeside Drive
Garner, NC 27529
-- July 11, 2001 --
Ms. Carole A. Fox
Assistant Town Clerk
102 Dolphin Street
Cape Carteret, NC 28584
Dear Ms. Fox
This correspondence is a follow-up to my letter of 6/12/01 to you on behalf of my mother, Evelyn E.
Cook, regarding the Town's application for a CAMA permit that will enable it to implement certain
erosion -repair -and -control measures at the end of Easy Street.
As it turns out, the proposed project is not quite as extensive as the drawing that accompanied your
letter had initially led my mother and I to think it was.
More specifically, as she and I now understand it, the wash rock involved will only extend between the
two CAMA-tagged stakes that are presently errected at the site --a distance of about twenty (20)feet
or so, on the southeastern edge of the park nearest to Bogue Sound. Also, we assume that the Town
would not object to the issuance of CAMA a permit enabling her to take similar protective measures
herself later on, in the event a similar or related erosion threat to her property adjacent to the park
develops.
My mother has informed me that if this indeed is the case, she has no objections to CAMA issuing the
permit in question. I so informed Mr. Brad Shaver of CAMA's Morehead City Office to this effect on
7/9/01, via voice mail.
If you have any questions or need any additional information or clarification, just give me a call at one
of the following telephone numbers: (919)716-0030[o], (919)779-1154 [h], or (919)420-8766 [pg].
In the meantime, thank you very much once again for your understanding and patience regarding this
matter.
Sincerely yours,
Clyde R. Cook, Jr.
//1L./V1