HomeMy WebLinkAbout16947_COULTER, JOHN_19951115CAMA AND DREDGE AND FILL <'. d.6'-
GENERAL ,�
PERMIT
as authorized by the State of North Carolina
1►✓��—%� Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name Phone Number
Address
City State Zip
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
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This permit 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,
applicant's signature
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's signature
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 issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee
Management Program.
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John Shuler
5700 Baird Dr.
Raleigh, NC 27606
18 Octber 1996
OCT 21"
NC Division of Coastal: Management
P.O. Box 769
Morehead City, NC, 28557
Attn: Mr. Ted TStndall
Dear Sir:
I am writing to express my objections to t}.e latest (un-
dated) proposed construction of a pier off the property of Mr.
and Mrs. John S. Coulter, Lot #7, Fork Point Sub -division,
Orienta.f, NC, Pamlico County NC.The proposal has been sub-
mitted by "Missy" Baskervill of Harbor Realty, PO Box 864,Orie-
ntal, NC 28571.
C onstr. fiction Of such a long pier (approx. 243,feet) will have
a sevekly adverse impact upon my property and riparian rights
in the restricted waters of the small cove where the pier
would belocated, effetively denyinAefccess and use of the
waters along the southern bouddari s of my property(between
points A & B on the proposed survey lay-out).As depicted, there
is no provision for a 15 foot setback line to protect my
interests alongthe northern proposed line between property
owned by me and that of Mr. Coulter,p(as there is on the south-
ern boundary betwee�h Mr. Coulter"s roperty and that of Lot
It would seem that there should be a total distance of 30'
between my land and the southern boundary of the proposed
setback line for the area in question.,ie: 15' on my side off
the setback line and 15' on Mr. C oulter's side of the bound-ry.
The necessity for such a long pier is also questionabble in that
a pier of 24.3'would dominate the cove and deny others the
use of those waters. Justification kr such,a long pier seems to
Ztb hinge on the water's depth,, when fact -soundings taken on
18 October 1996 show the water to bk 9" at 200 feet from the
shorvand 5'at 243' from the shore.... a deference of only 37.
Shortening the pier by 50' would help relieve somewhat the
impact of the proposed construction on the cove itself as well
my, property. At the proposed length of 243' the pier would
block my view and decrease the value of my property sub-
stantially�as any boats tied up there would appear to be
almost in my living room. If the pier were shorter, its
impact would be reduced and less overpowering to view from
my property. As proposed, the Coulters are in effect being
granted exclusive riparian rights to the cove (and my watep
frb.nnt property)should the propsed plan be app oved.
Sincerely yours,
John Shuler
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A MESSAGE FROM THE COMMANDER
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OCT 19 196 09:21 W. WINEERG III 919 249 1518 TO: P02
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:'onStr--rt1 on Of siicii a Lanz L'iii! 6 r i:'ij„),:. 24'?M feet) yy!.� 1 ?jf v,•'
n 1--,veir1y acLverv:P imnat!t upon_ my property and rinariarl riv.ht.,-
ir -t:hf- reztricl:ed naterc r>f' th small cove where the >:ler
world belocaterd, effet;veIy and o) ,t% of tl'i^
,,ra.iters a.1.ona the rzonthern boil il. aridr, o `` my pr-ontrrty ba t,w(.: n
Points A & B on the proposed sU',"vey laynut).AF drsnintf (d, th(::r•i-
is no Provision for a 15 foot etbac'k l i nc to -,rote^ t T,•71
lnterest� t`?nnaAhe northern r?rnr'josc'ti j'11rit? ?Pt•:nn., r,wrlrinr'tYa
owned by !1'_ ?•-Y.3 tliat of .r•r. ^f71'r-. 0i ,r--' i :,r th,= `.';:u'�h-
,,rn bnure,,,ry �1i'rNP°'ii ..� •,r�,.t,�.,.+� `,,; - - ,: .,,, f , T C
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Yt '•ri1':!+1 r'� '!�'.} �.h,vr ..t]Er!1:, ri t: l �� ,; e: .1{' ';f)•
i1gtN E? h'• Y'- •1 and 'I :. Jt,iti rs r•„ tin 1r'r• r � htr + nt• ^� t • �+• r f' t car. onnr�, ci
retbaclt 1'!'„ .'•nr th-:• :lro t in .Y,t..ntlor•.. if'� !I;* on r','ly
the se'tkl}:,^.. ? ._ne 'cirri nn "• ri 011l ter l r t7i.de '7' the
n'htr i1v+CCr,`: 1U i Cor `:'lch 9 lonc` vi, 'r J.^ • i ;;t1 itj trip
a pier of 243'would dominate the cove and deny othtirc: the
use of those waters. Justification ar such a long pier seems to
� hinpe on tha water.'s death; whenIhfPct sounrlin-s imke„ on
1" C'c tou(,'_• SNOW Lh1U wa'.u—, ;,o bit at 200 1'r c u from th,r
sh.qrtyand S'at 243' from the shore.... tt. diference of only
"horteniknsr the pier by 50' wo-..lyd helx) rryl.ievo sumpwhat the
impact of the nroposed construction or i.ho cave it!--alf as, vrel, t
my Pro-perty. of the oro.nosed lenmth of .241, the Mer would
block my view -and decrease the value o? m.v nraoprty sub-
4tantially as ,tny bna-i•r tied jr- thd. w-,tld appear. to be
almost In rky- l ivinr room. If the vier wE're shorter, its
eanP�-
impact would be reduced and l,? over-oteerine to view fron
my Property. As pronot:ed, the Cal;.Item. are in i'ft'ect being
lframted exclusive rinarian ri;,h1.r to tl-,? rove . nd inv watlter
fr$nrit rronerty)should tho r!'oh:-1!d r111111 be arn. aved.
SincereYy yours,
John Shuler
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OCT 19 196 09:21 WM. WINBERG III
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919 249 1510
TO:
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HARBOUR REALTY
October 3, 1996
Mr. Ted Tyndall
c/o NC Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557
Dear Ted,
OCT 071996
i PO BOX 864
901 BROAD ST.
r ORIENTAL, NC 28571
BUS. (919) 249-1000
FAX (919) 249-2663
400660"w466#6 GG�iGir�ei��1YMD!�
Enclosed please find copies of the new Adjacent Riparian Landowner notifications on the
proposed dock for the Couthers (Lot 7 Fork Point Subdivision). Also enclosed are copies of the
envelopes with post marks, return receipts and a dated receipt for postage paid from the US Post
Office in Oriental, NC.
These Notification. Letters were mailed to the Winbergs and Shulers at 3:55 p.m, on October 3,
1996. The Letters were both mailed; Certified, Return Receipt Requested. As soon as I receive
the "green cards" I will let you know.
Thanks, as always, for your helpH
Sincerely,
1
B.H.W. "Missy" adze
An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc.
CER .� I D MAIL "r-
RETURN RECEIPT REQUESTED
p OCT o7t i
Dear Capt. and Mrs. vu.1� Win +a.w.«..w+r.�w•wwwnww�MM)w
This letter is to notify you as' an adjacent riparian landowner of Mr/Mrs
John S. Coulter plans to construct a pier (as shown on attad,ed survey/sketch)
on their property located at Lot 7 fork Point Subdivision on Fork °flint Road Oriental, NC 28571
in Pamlico Coin-,;,y , NC. The sketch on the reverse side accurately depicts the
Proposed construction. (Survey/sketch is attached)
Should yc-u have rio objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and retut-n this letter to: Missy Baskervill
c/o Coldwell Banker Harbour Realty P.O. Box 864 Oriental, NC 28571
as soon as possible.
Should you have objections to this proposal, pleas;; send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
rC:lure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
B.H.W. "Missy" Baskervill
have no objection to the project as presently proposed and hereby 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
DATE:
% SENDER:
O ■Complete itemS Tand/or 2 for additional services. '
y ■Complete items 3, 4a, and 4b."
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December1994____Domestic
_Return _Receipt
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RETURN RECEr �' � `�ZTESTED
l f� act 4 7 1996 �I11
' �iiwll>AiYGLi�\YYN• •
!' Dear Mr. and Mrs. John Shuler:
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
John S. Coulter plans to construct a pier (as sho,Nn on attached survey/sketch)
on their property lxated at Lof 7 fork Point Subdivision on Fork Point Road Oriental, NC 26571
in Pamlico County , NC. The sketch on the reverse side accurately depicts the
proposed construction. (S-rvey/sketch is attached)
Should you have rio objections to this proposal, please check the statement below, sign
and date the blanks below the staten:e:a, avid retiY m this letter to: Missy Baskervill
Jo Cold i i Banker Harbour Realty P.O. Qox 8e4 Oriental NC 285 11
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Divis:.on of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either methou wit; iz ten (10) days will be interpreted as no
objection.;
Sincerely,
B.H.W. "Missy" Baskervill
----------------------- -------
I have no objection to the project as presently proposed and hereby 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
DATE:
■Complete items 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
permit.
■Write'Return Receipt Requested' on the mailpiece below the article number.
■The Return Receipt will show to whom the article was delivered and the date
delivered.
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ORIENTAL. NORTH CAROLINA 2850 _
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PS Form 3b11, De.embor 1994 --- - - --
- - - _
Domestic Return Receipt
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 22, 1996.
Mr. John Shuler
5700 Baird Drive
Raleigh, NC 27606
Dear Mr. Shuler:
ANT � aWA
E� H R��
This letter is to inform you that the North Carolina Division of Coastal Management issued
CAMA General Permit #016947-C to Mr. John S. Coulter for the construction of a 243' pier (inclusive
of a 3' X 40' boat catwalk and an 8' wide X 18' long platform) and 4 associated mooring pilings. The
pier would originate from his property, adjacent Brown Creek off SR 1321, in Fork Point Subdivision,
near Whortonsville, in Pamlico County.
In your letter of October 18, 1996, you objected to the project for several reasons. First of all,
you stated that the location of the dock would have a severe adverse impact upon your property and upon
your riparian rights in the cove where the pier would be located, effectively denying you access and use
of the waters along the southern boundaries of your property. Secondly, you question the need for such
a long pier in the cove and stated that only minimal increases in water depth are gained in the last 50'.
Finally, you stated that the pier would block your view consequently, decreasing the value of your
property.
I have reviewed your objections and have determined that the proposal is consistent with the
appropriate rules and regulations of this Division. In particular, I reviewed the riparian line and it
appears to be drawn according to T15A: 07H.0208(b)(6) of the N.C. Administrative Code (NCAC) which
states that "the line of division of areas of riparian access shall be established by drawing a line along the
channel or deep water so that it intersects with the shore at the point the upland line meets the water's
edge". It goes on to say that "when shoreline configuration is such that a perpendicular alignment cannot
be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable".
This appears to have been done. In addition, the proximity of the pier to your property (15' minimum
setback observed) and the length of the pier (not exceeding the established pierhead alignment) both meet
the General and Specific Conditions stated in T15A: 07H.1200 of the NCAC.
If you wish to request an appeal of this permit decision, you may file a request for a Third Party
Hearing. Such a request must be filed within 20 days of the permit decision. I have enclosed an appeal
form for your use if you so choose.
Sincerely,
�r Charles S. Jones
District Manager
Enclosures
cc: Preston Pate - DCM
M. Ted Tyndall - DCM `y
Mr. Jopn�S Coulter
P.O. Box 769, 3441 Arendell orehead City NC 28557 �� C An Equal Opportunity /Affirmative Action Employer
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