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51161_WILLIAMS, KAY_20080717
❑ CAMA / ❑ DREDGE & FILL �n / GENERAL PERMIT / ❑ New ,, ❑ Modification ❑ Complete Reissue ❑ Partial Reissue Previous permit # Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources , y hr and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC % [ I. (- n `CQRules attached. Applicant Name ii Project Location: County '� ; , +i �, C. 1.` Address `t C"' v,CX ! Street Address/ State Road/ Lot #(s) L.; 4-. CiTo State ;`c' ZIP Phone # O Fax # O-^'� Authorized Agent (r) {}'I - Affected ❑ CW ❑ EW ❑ PTA [9 ES ❑ PTS AEC(s): ❑ 0EA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Subdivision City ZIP �` C Phone # ( `%,T-),� �cy� River Basin Adj. Wtr. Body �Z� "!" C� t U�� at:/man /unkn) Closest Maj. Wtr. Body i � ! �, 1 L T E■■E■■■■■■■■O■■■1ffilEa■■i�NN■l Ir i■■!I■7■■■ EMMEMMOMME ■MENEM . ■■■■■■■■■M M:::■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■NONE■■■ ■ ■ONES■ENE■■■■■■■■■■■■■■■■■■■m■■■■■■■■ ■■■■■■■■■■■■E■ NOON■■ IIMMMIMMMMMMMM ■ E■E■EENE■NEEN■EE■■N■■E■■E■■E■■■■IIN■ 0 ■ EN■■■■■■■E■■■■■■■■■■■■■■■■■■E■■■NEE ■■C�;■.■■...■...�■NIMUMNERE 17M ME= ommom ENE■■■ENEENEENEEr�L9ii!!!!`IIiENENN MESON offla MEMO ■■ NOON■ ■■■ MMENEWSMEM1111r�■ 11■ENE■ M FRI M. -.1Y- I Aw__4 f/•._.Ail�•i�ll`��� A 1, AIL 4 ■■■■1E■■■■■■■■■■■■■■■■■■■■■■�■E■ELONESOMENESS E■■; IMMISMOMMEMME ■■■■■■■■■■■■■■■■■■■■■E■■NEE■ INS■■■■■■■■■■:.■■■■■■■: .21 61,9.� n Agent or Applicant Printed Name ( Signature Pleas r ad ompliancestatementonback ofp�rit Application Fee(s) Check # Pe it Officer's ignatu e -Ili 70? %O� Issuing Date ^ Expiration Date Local Planningjurisdiction Rover ile Nam Statement of Compliance and Consistency 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 or criminal or civil action; and may cause the permit to become 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) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: - Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer ru e�___'�' Division of Coastal Management Offices Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-2808/ 1-888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 NCDENR r North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary Date Applicant Name 4, (/ P)ILLI 4 M-S Mailing Address / I certify that I have authorized (agent) .6_ 6,,W-tact on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (location) \c�C st v� 6�-vt L This certification is valid thru (date) Signature k/'Z'C��-- 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 501/6 Recycled 110% Post Consumer Paper CERTIFIED MAIL — RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for the permit: Address of property:IXT-40-!l A-UZ14AI r- .S � fy� (Lot or street#, street of road) (city & county) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. have no objections to this proposal - If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified Mail. Waiver Section I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to waive the 15' setback requirement Signature Date J"s- e, 14, /fie/ /J Print Name -�'5'�? - C� 9 9— / z CD/ Telephone number with area code From:Greene & Wilson, P.A. 252 634 3484 07/09/2008 08:34 #963 P.004/004 CERTIFIED MAIL — RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for the permit: `� 1 Address of property: f «a,- ur�+oaa, we- A-97st—w'stred ncic' - I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. r I have no objections to this proposal V464 If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave_, Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified MaiL Waiver Section I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15'setback requirement X 1 do not wish to waive the 15' setback requirement Signature Da R V efts C prtQ,i Z� Print Name !IL g • Telephone number with area code p'd VAP6-fib7.-7.G7 Nn i 1nN 1 CNnn NnnuH-) ,� gpnp d7n:cn Qn 177 unr GREENE & WILSON, P.A. KELLY L. GREENE THOMAS R. WILSON -�' G -os CERTIFIED MAIL — RETURN RECEIPT REQUEST DIVISION OF COASTAL MAN Favea MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION . FORM ltl9k Y 2008 Name of individual applying for the permit: �/4 IMLLIArep 8d City DC 9 Address of property: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimensions, should be provided with this letter.f �j w4v4� I have no objections to this proposalJGZz`�"`C If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave_, Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified Mail. Waiver Section I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me. (If you wish to waive the setback, you mast initial the appropriate blank below.) I do wish to waive the 15' setback requirement X � I do not wish to waive the 15' setback requirement Signature Da R r> Pyt m V� . C p�Q �- Print Name 1L 4t - 660 - 53S5 Telephone number with area code p,-d tPPR-Ft7.-7q7 Nni i nnm 1 cninn NlnOPV) Aqanq d7n-C'n on 1-,7 unr W GREENE & WILSON, P.A. 409 Pollock Street ATTORNEYS AT LAW P.O. Box 1676 New Bern, North Carolina 28563 Telephone: (252) 634-9400 Facsimile: (252) 634-3464 9 July 2008 Mr. Gene Crow Bobby Cahoon Construction, Inc. 6003 Neuse Rd. Grantsboro, NC 28529 Re: Carr Riparian Notification Letter for Proposed Shoreline Development at Lot #4 Indian Bluffs (Ms. Kay Williams' property) Dear Gene: This letter is to memorialize the discussions at our meeting held on Ms. Kay Williams' property, Lot #4 Indian Bluffs, Section 1, in Pamlico County, North Carolina. On 2 July 2008, you, Judge Carr, and I met at the proposed construction site to discuss Ms. Williams proposed shoreline development. At that meeting we discussed the following terms and objectives for the proposed development: l . That there would be as little disturbance as possible to the existing tree -line at the top of Ms. Williams' bluff; 2. That, using an existing open area in the tree line at the top of the bluff, there would be a "driveway" down the face of the bluff, as narrow as possible, used to reach and undertake the riprap/shoreline stabilization development; 3. That at the toe of the of the proposed development and running the entire distance of the shoreline of Ms. Williams property (from Mr. Carr's property line to the western adjacent property line), a "Geoweb" approximately 6 inches deep and eight feet wide, filled with granite stone, would be installed; 4. That the toe of the development would be approximately eight feet landward of Mr. Carr's outer most sea wall, at about the point of the second piling on Mr. Carr's sea wall; 5. That you estimated approximately 12,000 cubic yards of fill would be dumped on the site prior to placement of riprap; 6. That the riprap height would not be significantly higher than the first tier of Mr. Carr's sea wall as it ran up the bluff; www.greenewilson.com Page 2 9 July 2008 Letter to Gene Crow 7. That riprap and fill would be placed in a manner to support Mr. Carr's existing retaining walls and seawall, of greatest concern being the portion of Mr. Carr's retaining wall beginning to slope towards Ms. Williams' property due to the erosion of Ms. Williams' bluff; and, 8. That Mr. Carr's largest concern is at his adjacent property line at the top of the bluff. We discussed that no work is being shown here on the current drawings, but that we understand the plan is to do some development at this point. We discussed that any cutting or pushing over of the bluff at this point will cause Mr. Carr's property to cave toward the Williams' property. Therefore, we discussed that some type of preventative measures will have to be taken before the cut or pushing over of the bluff is done as this particular point. It was a real pleasure meeting you. I know Mr. Carr has confidence in your work. Therefore, in light of the representations you made regarding the proposed development, Mr. Carr does not have any objections to Ms. Williams moving forward with her shoreline development. With Warmest Regards, A/� U )2- Thomas R. Wilson cc. Judge Carr (via electronic mail) Division of Coastal Management, Ms. Tere Barrett NOV 1 J 2007 November 15, 2007 Morehead City DCM Robert W. Carr, Jr. — Owner 47 Indian Bluff Drive Arapahoe, North Carolina, 28510 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina, 28557 Re: Land Improvements to 65 Indian Bluff Drive —Pamlico County, NC Kay Williams —Property owner-65 Indian Bluff Drive Dear Mr. Connell, This is to advise you that I have now received a second sketch with a cover letter dated November 13, 2007 on the proposed work on the above referenced property owner's land. There are several changes to this sketch when compared to the original sketch. (I am enclosing a copy for your records.) Again, and unfortunately there are some significant factual errors on this sketch as was the case with the original sketch. I hope you understand my deep concern that these sketches are so flawed that neither the property owner, nor the contractor fully understands the true complexity of this project. In my opinion this project cannot be accomplished as shown without severe damage to my property. Let me attempt to explain where I notice errors in this most recent sketch. There are THREE separate bulkhead walls on my property. (The sketch only shows TWO!) The walls are stacked on top of each other and there is approximately fifteen feet of sand and plantings between the top of my second wall and the top of my third wall. Again the sketch only shows TWO of my bulkhead walls omitting this sand/plantings area between the second and third wall. Now look to the left and you will see a "wavy line" called "Top of Property". This line is taken straight off the top of my SECOND bulkhead wall per the sketch. As I mentioned above there is at least another FIFTEEN FEET of elevation above the top of my second wall and the top of my THIRD bulkhead wall! Where is this fifteen feet of sand/plantings and the third wall shown on the contractor's sketch?? So, for argument's sake lets assume the contractor is considering my second wall is my third wall and that is where he designates as "upper level". Therefore we will assume the wavy line which is the "Top of Property" line is taken straight off the top of my THIRD wall. _J Page 2 Mr. $rad Connell, a I November 15, 2007 N0 V l L1oro So with this assumption the contractor would have to go back toward the street at a con,,% distance in order to have adequate sand to provide a reasonable sloe on the bank. The worst P P .Y problem with this design is there would be an approximate FIFTEEN -foot drop from my back yard property elevation to the new elevation of the above referenced property and nothing is shown to hold my property in place. At this shear drop at the property line considerable sand would have to be brought in from off site to accomplish this as drawn. Is the contractor figuring to do this? Again, I am requesting two additional drawings for ALL of us to better understand what is proposed here. ---1,) a section drawn through the bank from the MHW level to the "Top of Property" line and 2.) a section drawn at the property line between the two properties and I want this section taken from about ten feet back of my third wall. I also request a meeting with a representative from your office at the property site to discuss this project in full. Please call me when this can be arranged. Until we have this meeting I continue my objection to this work because the sketch provided is factually flawed and again is to vagued to understand what the contractor is planning to do. With best regards. Sincerely, Robert W. "Judge" Carr, Jr. P.O. Box 1594 Durham, North Carolina, 27702 Enclosures NOV-1%3-2007 04:40P FROM: TO:19196844860 P.2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (Bulkhead/rip rap) I hereby certify that I own property adjacent to 1604 4.,, 's (Name of Property Owner) property located at &,s��i *9��y �✓� (Lot, Block, Road, etc.) /J on /U�� i:� in �- / m . �c , N.C. (Water body) JoN6 and/or County) He has described to me as shown below, the development he is proposing at the location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENTSI,L (to beoiled in by individualproposing development) �� ti� ,,�OF 0� R0 1 a N Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Fax# (252) 636-3127 Signature Print or Type Name Telephone Number Date H V-1+3-2007 04:39P FROM: TO:19196844860 P.1 Foley & Foley Contractors, Inc. 1810 Old Airport Rd. New Bern, NC 28562 Phone: 252-636-2515 Fax: 252-636-3127 Send To: Form: Robert W. Carr Jr. Dan Foley Attention: Date - November 13.2007 Re(# Kay Williams P 1651ndian Bluffs Dr. Fax Number Phone Number 91948"860 252-636-2515 Total Pages, including cover sheet: 2 Kay William/Adjacent Riparian Property Owner Statement 65 Indian Bluffs Dr. Arapahoe, NC 28510 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/W City 0CM Name of individual applying for Permit: Kay Williams Address of Property: 65 Indian Bluff Dr. Arapahoe/Pamlico (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Signature Date Print Name a5a_a4-q-)9DI Telephone Number With Area Code Foley & Foley Contractors Phone#: (252) 636-2515 Fax#: (252) 636-3127 15 NCAC 7H .1102 has been proposed to be amended as follows: 1102 APPROVAL PROCEDURES (b) The applicant must provide: .A $?Q0> Confirmation that a written statement has been obtained signed by thy, adjacent riparian property owners indicating that they have no objection&Z to the proposed work, or, �® (2) Confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice should instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. January 1, 1990; December 1, 1987. ADJACENT RIPARIAN PROPERTY OWNER STATEMEI� (Bulkhead/rip rap) N�✓ I hereby certify that I own property adjacent to L%,zi + 's BeOp,� (Nalne of Property 0wii6q(x property located at �� �w�.��A /���{ zr • , 4/0• � (Lot, Block, Road, etc.) on�l9�ut� l2� v►i in d �"' rh . Lc N.C. (Water body) ( own and/or County) He has described to me as shown below, the development he is proposing at the location, and, I have no objections to his proposal. jX- -S� avae" '5�' DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (to be filled in by individual proposing development) :c- 1 Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Fax# (252) 636-3127 Signature E-f i s -A- -E'o h Nun Print or Type Name �a — 9k4q — IS©( Telephone Number Nam, /' -a'q07 Date Page 1 of 2 Site: 65 INDIAN BLUFF DR F994-1-�� F094-1 s7 00 09 F994-1 <5 " �_ FOOW c 9 Q F9 �9 9 F 9 94 -1 -4;� 1889 ., - a S -3 �r� 286 3 F994-1 -2 1' Property Details: START 479 UNIQUEID 11476 ACCTNUM �I 4503 LASTNAME WILLIAMS, KAY P. FIRSTNAME -� CAREOF ADDR1 P.O. BOX 1295 ADDR2 CITY NEW BERN STATE NC ZIP 1128560 PARRECNUM 2520 [NAME WILLIAMS, KAY P. MAPNO -� F094-1-4 CONTROLNUM PIN CLSCODE MB DISTTOWN D05 INSERT F094 JIDBLCIR [BLOCK 1 PARCELNO 14 SITEADDIR 1165 INDIAN BLUFF DR SITUSADDR 65 SITUSROAD INDIAN BLUFF DR JEXEMPT LEGDESCI LOT 4 INDIAN BLUFFS LEGDESC2 ON RIVER INDIAN BLUFF DR TOTACRES 10 CRNTTOTUEE 0 CRNTTOTDEF i� 0 CRNTLANDVA 85571 CRNTBADGVA 0 CRNTOBLDGV 2470 TOTCRNTVAL 1188041 FIRECODE JA HOUSECODE -� SEWERCODE SALEAMNT �[0 - SALEDATE 3/312003 7SALEDATE2 73872 SALECODE ROADNUM --� 0 JPCTCOMP 1 100 WILLBOOK 10 WILLPAGE 0 DB_PG 395/635 DEEDBOOK 395 DEEDPAGE 635 PLAT 15-Aug i vv� It http: //www2. undersys. com/scriptsltestadvlusiwebpc. dlllusi? formis=ptmap&MouseX=O&... 10/3 /2007 (f oLc4.,,/MhO''eo, ROBERT W. C.ARR JR. P.O. SOX 1594 DURNAM, NORTH CAROUNA 27702 IDUKE ROBERT W. "JUDGE" CARR, JR. E'71 SENIOR ASSOCIATE DEAN rvSCHO rxnrr,I"_' FOR DEVELOPMENT WUM SCHOOL OF ENGINEERING AND ALUMNI AFFAIRS DUKE UNIVERSITY 305 TEER ENGINEERING BUILDING (919) 660-5385 BOX 90271 FAX: (919) 684-4860 DURNAM, NC 27708-0271 judge.carr@duke.edu Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 DUKE IN ROBERT W. "JUDGE" CARR, JR. E'71 SENIOR ASSOCIATE DEAN EDMuhVT.mTaT, lx. FOR DEVELOPMENT -SCHOOL OF AND ALUMNI AFFAIRS LENGINEERING DUKE UNIVERSITY 919 660-5385 305 TEER ENGINEERING BUILDING FAX: (919) 684-4860 BOX 90271 judge.carr@duke.edu DURHAM, NC 27708-0271 PIC,r� Nov7 2007 November 5, 2007 Wrehea ci City DCM Robert W. Carr, Jr. — Owner 47 Indian Bluff Drive Arapahoe, North Carolina, 28510 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina, 28557 Re: Land Improvements to 65 Indian Bluff Drive —Pamlico County, NC Kay Williams —Property owner-65 Indian Bluff Drive Mr. Connell, This is in response to a letter that I received concerning some proposed development changes to the adjacent property (65 Indian Bluff Drive) to our property, (47 Indian Bluff Drive) in Pamlico County, North Carolina. First let me say that I am pleased to learn that the property owner of 65 Indian Bluff Drive is at long last considering some improvements to the above referenced property which has become, in my estimation, a serious and grave hazard to any unsuspecting trespasser who might walk out for a view of the river on this property. There are no warning signs or barriers preventing someone from falling forty feet straight down off the cliff of this property! I cannot imagine what a property owner is thinking who would open themselves up to this type of liability! Also, because of the above referenced property owner's lack of reasonable responsibility of maintaining some minimum upkeep of their property, and being a "good" neighbor, it has caused us adjacent property owner's considerable expense on our part to maintain our properties to protect our dwellings from damage from erosion caused from the neglect by the above referenced property owner. Having stated the above let me direct the remainder of this letter to comments on the "sketch" that we received pertaining to the specific work proposed on the above referenced property. (I would hope that your office will require something with considerable more details than what has been provided so far!) The sketch as it is now drawn is factually flawed, and is entirely too vague for me approve this work! Therefore, I OBJECT to the proposed work until it is better clarified to my satisfaction. I will also request that this be done in a meeting with the above referenced property owner or the property owner's representative. There are many ways to achieve what I guess the above referenced property owner is attempting Page 2 Mr. Brad Connell November 5, 2007 to do here, and that is to make this property more inviting to be purchased. (It has been on the market for quite some time now.) I submit that the proposed solution is probably the cheapest and most expedient to accomplish this. HOWEVER, I will also submit it is the LEAST desirable solution from an adjacent property owner's point of view!!!!! Specifically here are my concerns: 1. The drawing is factually flawed because (facing the property from the river) the above referenced property owner is encroaching on my property on the right hand side starting at my existing lower bulkhead and going up the bank by at least eight feet or more at the top. Obviously this is unacceptable! 2. The sketch is entirely too vague to understand totally what the above referenced property owner is doing and what the property will look like when the work is completed. 3. 1 am assuming that the above referenced property owner is coming out 16 feet from each adjacent property line and then is more or less pushing the existing cliff over toward the river by cutting the bank down to the river bed. The height of the bank is approximately forty feet so is the referenced property owner beginning this cut from forty feet back on the property for a one to one slope? A two to one slope? What? This is important to me as the adjacent property owner because the steepness of the slope has a direct impact to how stable the property will be where the sixteen feet is to remain. By cutting the slope the above referenced property owner will weaken this sixteen feet, which could cause it to cave in bringing my property with it. This would cause me to lose my garden and adjacent landscaping not mentioning the peril it could bring to the foundation of my dwelling. 4. The amount of granite rock that is to be deposited on the bank after the earthwork is complete will determine how stable the bank will be. The sketch gives no indication to the amount of granite rock that will used! One layer, three layers, what? And again this all goes back to stability of the bank at our property line! 5. The sketch indicates that granite rock will be placed next to my existing wood bulkhead walls. l have no objection to this, however if this granite is not placed with care it will cause my wood bulkhead to split or break. I will expect this to be repaired to my satisfaction including the replacement of my bulkhead wall if necessary. A letter of agreement will have to be signed between me and the above referenced property owner to this point before I will approve the work to be done. 6. In order to better understand the total work to the adjacent property I would like additional drawings with stated dimensions --one in "plan," and one --a cross section through where the rock as it will be typically placed on the bank and on the adjacent property bank at the sixteen foot area. I think granite rock should be placed over the whole area at the sixteen -foot area and at the proper depth to prevent possible erosion. Page 3 Mr. Brad Connell November 5, 2007 7. I will assume and ask that filter cloth be placed under wherever the granite rock will be placed. 8. I have serious concerns that when this project is complete all existing vegetation, trees, bushes, etc. will be removed leaving this property completely barren, except for granite rock. This could necessarily lower the value of my property and at the very least add another scar to our already fragile environment. 9. There are no erosion fences or other erosion control devices shown to prevent erosion from occurring on our property during the construction period. This will be required before we will approve the work on the above referenced property. 10. There is no grass or other minimum landscaping indicated on the sketch to prevent erosion at the completion of the project. Though we may not be able to require this I hope the referenced property owner will consider this as part of the project. 11. Any and all damage to my property as a result of the work on the above referenced property will be repaired to my satisfaction. A letter of agreement will have to be signed between me and the referenced property owner to this point before I will approve the work to be done. 12. I will require a meeting of the above property owner and/or representative of the above property owner to have a clear understanding of the work to be accomplished before I will approve any work to begin. I have left a message on your machine and look forward to discussing this letter with you. With best regards. Sincerely, Robert W. "Judge" Carr, Jr. P.O. Box 1594 Durham, North Carolina, 27702 Enclosures CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for Permit: Kay Williams Address of Property: 65 Indian Bluff Dr. Arapahoe/Pamlico (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave-, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Signature Date Foley & Foley Contractors Print Name Phone#: (252) 636-2515 Fax#: (252) 636-3127 Telephone Number With Area Code 15 NCAC 7H .1102 has been proposed to be amended as follows: 1102 APPROVAL PROCEDURES (b) The applicant must provide: W-Confirmation that a written statement has been obtained signed by the adjacent riparian property owners indicating that they have no objections to the proposed work, or, (2) Confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice should instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments and determine based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); II3A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. January 1, 1990; December 1, 1987. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (Bulkhead/rip rap) I hereby certify that I own property adjacent to LC2' i s (Nalne of Property Owner) property located �xo 14 fie' (Lot, Block, Road, etc.) on/V�ur� /2, �_� in d It�� fi . , N.C. (Water body) ( own and/or County) He has described to me as shown below, the development he is proposing at the location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (to be filled in by individual proposing development) f6 16, �� o p 0 Q, oC--) rX;a► n00 C)60 G� oo 6 b o b° a Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Fax# (252) 636-3127 Signature Print or Type Name Telephone Number Date • Site: 65 INDIAN BLUFF DR t n 094- F0 94 -1 �� n' 0 9 0046 1 _ O 9� �r4 ,r 06 889 9 �� 1 r' Property Details: START 479 UNI QUEI D 476 ACCTNUM 4503 LASTNAME WILLIAMS, KAY P. FIRSTNAME CAREOF ennR-1 11P O ROX 1995 HADDR2 L. . , CITY I - - NEW BERN STATE NC 2 P 28560 PARRECNUM 2520 NAME WILLIAMS, KAY P. MAPNO I F094-1-4 L ONTROLNU M I !PIN CLSCODE MB DISTTOWN D05 lticFcrr 11 Fng4 IDBLC R [BLOCK 1 PARCELNO 4 SITEADDR 65 INDIAN BLUFF DR — — SITUSADDR 65 SITUSROAD 11INDIAN BLUFF DR EXEMPT LEGDESCI LOT 4 INDIAN BLUFFS LEGDESC2 ON RIVER INDIAN BLUFF DR TOTACRES 110 t CRNTTOTUSE 110 CRNTTOTDEF 0 CRNTLANDVA 85571 CRNTBLDGVA 0 CRNTOBLDGV 2470 TOTCRNTVAL 88041 FIRECODE A HOUSECODE SEWERCODE SALEAM NT 0 SALEDATE 3l31 i2003 SALEDATE2 73872 SALECODE ROADNUM 00 JPCTCOMP 100 WILLBOOK 0 WILLPAGE 110 DB PG 395/635 DEEDBOOK 395 DEEDPAGE 11635 IPLAT 15-Aug http://www2.undersys.comlscripts; testadv!uslwebpc.dlllusl"forml's�ptmap&MouseX=O&... 10%3/2007 NOV-13-2007 04:00P FROM: T0:2473330 P.1 Foley & Foley Contractors, Inc. 1810 Old Airport Rd. New Bern, NC 28562 Phone: 252-636-2515 Fax: 252-636-3127 Send To: Form: Terry Dec Foley Attention: Date: Novevnher 13, 2007 Refl1 Judd Carr Kay Williams Pry rt /65 Indian Bluffs Dr. Fax Number Phone Nutnber 274-3330 252-636-2515 Total Pages, including cover sheet: 4 rnmmpntQ! Kay William/Adjacent Riparian Property Owner Statement 65 Indian Bluffs Dr. Arapahoe, NC 28510 NOV-13-2007 04:01P FROM: TO:2473330 P.2 Foley & Foley Contractors, Inc. 1810 Old Airport Rd. New Bern, NC 28562 Phone: 252-636-25 ] 5 Fax: 252-636-3127 Send To: Form: Robert W_ Carr Jr. Dan Fole Attention: Date: November 13 2007 Refit Kay Williams Proa /65 Indian Bluffs Dr, Fax Number Phone Number 919-6844860 252-636-2515 Total Pages, including cover sheet: 2 Comments: Kay Willis m/Adj acent Riparian Property Owner Statement 65 Indian Bluffs Dr. Arapahoe, NC 28510 ©�S��e, NOV-13-2007 04:01P FRCM: TO: R. 3 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (Bulkhead/tip rap) I hereby certify that I own property adjacent to 16dv It), ) i J'0.,, 's (Name of Property Owner) property located at �S �i �� � J D (Lot, Block, Road, etc.) on /l]g,1I_lr r �» in ^fit / ZdFi , �- �il� , 4c2 , N.C. (Water body) —� (ToA and/or County) He has described to me as shown below, the development he is proposing at the location, and, I have no objections to his proposal. proposingDESCREMON AND/OR DRAWING OF PROPOSED DEVE] "V- op 1 a;ma i a7'��:, M Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Fax# (252) 636-3127 J.V }'? fZ46 - � 0 4 Roc K Signature Print or Type Name Telephone '_Dumber Date kAd NOU-13-2007 04:01P FROM: TO:2473330 PA Sending Conf i-rm Date : NOV-13-2007 TUE 04:54PM Name Tel, Phone 19196844860 Pages 2 Start Time 11-13 04:39PM Elapsed Time 00'43" Mode ECM Result Ok I BOBBY CAHOON MARINE CONSTRUCTION AND LAND DEVELOPMENT DBA BOBBY CAHOON NEUSE CONSTRUCTION, INC. 6003 GRA H �2 O O,,9 C 8529 PAY TO THE ORDER OF . W �l( ujI 1 ICLns 511(1 68 48 281�' it. 00 5 5 L 71I' I:0 5 3000 2 191: 20000 L 4 WACHOVIA BANK, NA BAYBORO, NC 28515 66-21I530 :h 5517 DOLLARS 8