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HomeMy WebLinkAbout15975_BODENHAMER, WILLIAM & PEACOCK, IVAN_19960307CAMA AND DREDGE AND FILL °; 015975 GENERAL PERMIT as authorized by the State of North Carolina //i Department of Environment, Health, and Natural Resources and the t/ aste esourded r►iVssion in an area of environmental concern pursuant to 15A NCAC This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any fl violation of these terms may subject the permittee to a fine, �t imprisonment or civil action; and may cause the permit to be- �� / applicant's signature come null and void. % / This permit must be on the project site and accessible to the permit officer when the project is inspected for compliant '. e applicant certifies by signing this permit that 1) this pro - is consistent with the local land use plan and all local nances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objectionsT'b'fhe—p opo eed'work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. permit officer's signature ' issuing date expiration date attachments i, rlp 7 application fee 27�-e WILLIAM H. BODENHAMER H/P 305-785-2902, W/P 305-524-6500 :3930 N.E. 31 AVE. 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CZ04(Z POI All- 136rAC-4 SLid VISION � t tit CONSTRUCTION SPECIFICATIONS JOB: PeacockBodenhamer Boat Dock 103/104 Tammy Paige Court Cedar Point, NC 28584 SPECIFICATIONS: 1) All piles will be round and 2.5 marine treated 2) All decking, caps and joists will be 0.4 treated #2 pine 3) All X-braces will be 2 x 6 #2 pine 2.5 marine treated 4) All piles on walkways, head dock and catwalks for slips will be 8" butt 5) Piles at end of finger pier, tieoff piles for slips and support piles for boat lifts will be 10" butt 6) All nails and bolts will be hot dip galvanized 1'VI-ICAL CONSTRUCTION Elf" GRI -f-i,ru 6,1L ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own the property bordering the West side of Lot 43, Tammy Paige Court, Cedar Point Beach Subdivision, Cedar Point, NC, owned by William Ff. Bodenhamer. I also attest that I have reviewed the plan which delineates the construction, configuration and location of the proposed pier/dock on Lot #3, and specifically acknowledge: the pier length of 160'; the pier location on the joint property line of Lots #3 and #4; the 18' X 20' patio deck with covered seating areas; the two boat berths with lifts; and the additional small water craft lifts. I have no objection to the proposed plan. I understand that the pier must be set back a minimum distance of fifteen feet from my area of riparian access unless waived by the me. I do not wish to waive that setback requirement. Bob Barnes 102 Tammy Paige Cl' Swansboro, NC 28584 919 - 393-7595 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT As the Chairman of the Board of Directors for Cedar Point Beach Homeowner's Association (CPBIiA), I hereby certify that the property bordering the East side of Lot 94, Tammy Paige Court, Cedar Point Beach Subdivision, Cedar Point, NC, owned by Ivan Y. Peacock, is Common Property, owned by CPBIIA. I also attest that the Board of Directors, CPB14A has reviewed the plan which delineates the construction, configuration and location of the proposed pier/dock on Lot #4, with specific acknowledgment of: the pier length of 160', the pier location on the joint property line of Lots #3 and #4; the 18' X 20' patio deck with covered seating areas; the two boat berths with lifts; and the additional small water craft lifts. The Board of Directors has no objection to the proposed plan. The Board understands that the pier must be set back a minimum distance of fifteen feet from the Common Property area of riparian access unless waived by the Board. The Board does not wish to waive that setback requirement. _ Bob Barnes Chairman, Board of Directors Cedar Point Beach Homeowner's Association 102 Tammy Paige CT Swansboro, NC 28584 919 - 393-7595 22 February 1996 Carteret County Building Inspector ATTN: Mr Larry Smith Courthouse Square Beaufort, NC 28516 Dear Sir: We hereby request your approval to construct a boat dock on our residential property at 103 and 104 Tammy Paige Court, Cedar Point, NC. This will be a joint use boat dock to be constructed on our adjoining property lines and will extend into the Intercoastal Waterway for approximately 160' to a water depth of 4' at low tide. Enclosed are multiple documents for your review including: (1) Detailed drawing of the dock configuration; (2) Layout of dock location; (3) Construction specifications; (4) Reparian property owner's statements; (5) Joint Boat Dock Construction, Maintenance and Use Agreement. If additional information is required, please contact Dr. Peacock at your earliest convenience ( 919-443-7686). We thank you in advance for your prompt consideration and approval of our request. Sincerely, Ivan Peacock, MD 329 Old Coach Road Rocky Mount, NC 27894 919 - 443 - 7686 �illiaml-lnhamer, JR. 3930 Northeast 31st Avenue Lighthouse Point, F133064 STATE OF NORTH CAROLINA COUNTY OF CARTERET JOINT BOAT DOCK CONSTRUCTION MAINTENANCE AND USE AGREEMENT THIS AGREEMENT, is made and entered into this the day of February, 1996, by and between IVAN Y. PEACOCK and wife, MARGARET P. PEACOCK of Nash County, North Carolina, (hereinafter referred to as "Peacock") and WILLIAM H. BODENHAMER, JR_ of Broward County, Florida, (hereinafter referred to as "Bodenhamer"; Q s W I T N E S S E T H: W Z 0 WHEREAS, Peacock is the owner of certain real property described as "Lot 4 as shown on that certain plat of Cedar Point a Beach recorded in Map Book 27, Page 80, Carteret County Registry" u Z. w hereinafter referred to as the "Peacock Lot"; and J J_ o WHEREAS, Bodenhamer is the owner of certain real property x v described as "Lot 3 as shown on that certain plat of Cedar Point ti Beach recorded in Map Book 27, Page 80, Carteret County Registry" W o hereinafter referred to as the "Bodenhamer Lot"; and a m WHEREAS, the western line of the Peacock Lot and the eastern line of the Bodenhamer Lot are a common boundary line of both Lots; aand 0 G WHEREAS, Peacock and Bodenhamer desire to construct a private J J boat dock to extend from the southernmost point of their common U boundary line into the Intracoastal Waterway and further desire to d o set forth the terms for construction, maintenance and use of said d o boat dock. NOW, THEREFORE, for and in consideration of the premises and V ten dollars and other valuable consideration to each party paid byl the other, the receipt and sufficiency of which is hereby acknowledged Peacock and Bodenhamer agree as follows: 1. CONSTRUCTION. Peacock and Bodenhamer shall mutually] agree upon the plans for the size, manner of construction and''. actual construction and shall each pay one-half of the cost of construction of the boat dock which shall extend from the southernmost point of their common boundary line into thee. Intracoastal Waterway. Any future additions or alterations to the original construction of the boat dock shall be mutually agreed upon, in advance, by Peacock and Bodenhamer. The payment for the costs and expenses for any such future addition or alteration to the boat dock shall also be mutually agreed upon, in advance, by Peacock and Bodenhamer. 2. RIGHT OF USE. Peacock and Bodenhamer, their family members and designated guests shall have the right to use the boat dock for recreational purposes. No portion of the boat dock or " lifts may be leased, rented or assigned for use by any other person z or entity without the prior consent of the other party to this 0 agreement. All deck space, walkways and covered areas shall be deemed common area for the mutual use of both parties, their family co members and designated guests. All use of the boat dock by the U La parties, their family members and designated guests shall be in _J 0 such a manner so as not to disturb the peaceful enjoyment of the X U boat dock by the other party, their family members and designated F guests. Each party shall be responsible for ensuring compliance w o with this paragraph by family members and designated guests. m 3 Two boat lifts shall be constructed at the south end of the z boat dock. The boat lift to be constructed on the west side of the T boat dock shall be assigned for the sole use of Bodenhamer, his O family members and designated guests. The boat lift to be J J constructed on the east side of the boat dock shall be assigned for w the sole use of Peacock, his family members and designated guests. U o Any watercraft lifts, equipment or gear now or subsequently ce o attached to or extending from the west side of the main dock walkway shall be assigned for the sole use of Bodenhamer, his u family members and designated guests. Any watercraft lifts, equipment or gear now or subsequently attached to or extending from the east side of the main dock walkway shall be assigned for the sole use of Peacock, his family members and designated guests. 3. PEDESTRIAN ACCESS TO BOAT DOCK. Peacock and Bodenhamer shall each construct and maintain a separate walkway upon their separate Lots to the main dock walkway for pedestrian ingress and egress to and from the boat dock such that no access shall be required or permitted over the adjoining property owner's Lot. 4. MAINTENANCE AND REPAIR. Peacock and Bodenhamer agree that the boat dock and access thereto shall be maintained in a safe and suitable manner and that each party shall pay one-half the reasonable repair and maintenance expenses. Provided, however, in the event Peacock or Bodenhamer by their negligent or willful act causes damage or destruction to the boat dock, he shall bear the entire cost of necessary repairs. 5. APPURTENANT RIGHTS OBLIGATIONS AND EASEMENTS. The " rights, obligations and easements granted and established in this z agreement shall be appurtenant to the Peacock Lot and Bodenhamer 0 Lot and shall run with the land and be binding upon the parties, their heirs, successors in title and assigns. a IN WITNESS WHEREOF, the parties have hereto set their hands lJ z w and seals, the day and year first above written. _J z o g (Seal) Ivan Y . Peac .rk (Seal) o M a et P. Pe cock H.z vr. act (Seal) Wil 'am H. denhamer, Jr. by his attorney in fact, Joan E. Bardin STATE OF NORTH C�AROLINA COUNTY OF I, a Notary Public in and for the county and state aforesaid, certify that Ivan Y. Peacock and wife, Margaret P. Peacock personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal, this day of February, 1996. My commission expires: �1 Notary Public BRUCE ANN STF�VA?'.TS NOTAI?V T'?-� , NASII COUNTY. NC a STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, a Notary Public in and for the county and state aforesaid, certify that Joan E. Bardin, attorney in fact, for William H. Bodenhamer, Jr. personally appeared before me this day and being duly sworn, says that she executed the foregoing instrument in behalf of William H. Bodenhamer, Jr. and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in the Office of the Register of Deeds of Carteret County, North Carolina on December 2, 1993 in Book 725, Page 626, and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney; that the said Joan E. Bardin acknowledged the due execution of the foregoing instrument for the purposes set forth therein on behalf of William H. Bodenhamer, Jr. m Witness my hand and official stamp or seal, this o February, 1996. My commission N } W z Ce 0 Q J J W 00 cd W U Q 1 N O O w 0 J } K U expires:_(�� r�w.,`�\''�5:.� 'r `N23F;a Public V"- day of