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39319_CARTERET COUNTY_20040706
DCAMA / ❑ DREDGE & FILL '� ��� l 4 — + GENERAL PERMIT Previous permit # New ❑Modification []Complete Reissue ❑Partial Reissue Date permit ermit issued P As authorized by the State of North Carolina, Department of Environment and Natural Resources ..0 40 and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �J Applicant Name (.Afy�re -76% �r• ❑}RUles attached. Project Location: County '��'t=T� i Address �rIUS •.`_�c)4"Q1-6 Street Address/ State Road/ Lot #(s) (' '' ': k City C% �_ t State VCZIP5 Phone # �Y! -) i. Fax # ( ) Subdivision Authorized Agent City ' '% r .1 .:' �fli ZIP i ❑CW LAW Ca PTA ❑ES ❑PTS Affected Phone # ( ) River Basin l ✓�%'�� ❑ OEA ❑ HHF ElIH ElUBA ❑ N/A AEC(s): 'r +- Adj. Wtr. Body '' "- -i- `� ' ` "' fLI j4), "'-- (nat dman) unkn) ❑ PWS: ❑ FC: ORW: yes / no PNA yes / (Ccp Crit. Hab. yes / no �'�" Closest Maj. Wtr. Body fl i Type of Project/ Activity lay Ak w �' �' i i�., i i -� ' d ¢ ( dock) 9DX E. ' i_ -•- Ile (Scale: Pier (dock) length Platform(s) Finger Groin Boat Beac LU Othe Shor SAV: Sand Mo Phot Waiver Attached. ryes, no A building permit may be required by: Notes/ Special Conditions El See note J" t on back regarding River Basin rules. aF length: I , number Agent or Applicant,.{'rinted Name r � Signature "Please read compliance statement on backof permit" Application Fee(s) Check # Permit Officer's Signature Issuing Date Expiration Date Local Planning Jurisdiction Rover File Name 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 thatthis project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 'I 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 (910-395-3900) for more information on howto complywith thesebuffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax:919-733-1495 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) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico 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 910-395-3900 Fax:910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 COUNTY OF CARTERET COUR11-10USE SQUARE BEAUFORT, N.C. 28516-1898 GENERAL FUND 06/17/2004 THREE HUNDRED AND 00/100 DOLLARS 62194 L l NC DENR PROVISION FOD THr PAYMENT1HlS (: ON LYDRAFT) FIAS BEEN MADL lY AN APPrROPRIATfD P( )fYI11 _.ADF ofl lenPgl , ()P, r101E1\ t)ijlr Y rri: in•, 1 P,rT:; Wil It' LT 3C � __. 06 2 L9 5��' �:0 5 3 L00 3001:0000 5 21-0�, 2 2811' 62195 X $300.00 '�^n+�;�M7�?8?�filuh`w+7y+•�c!'�I!'��4A^Nlcat�+,��{yaw+. e++'.:.,,„,e; z 0 — CL S. L I NE C LID SURV E: TIE TO SCA N/F KENNETH GASKILL I-1� " ,,13 l ! 1 r I r ! .I I r I 1 I 1 / � r I ! I 1 I I � I I 1 I 1 ! 1 I ! FOUND CONCRETE r / \ MONUMENT / -- N/F JANES T. GAiSK I LL 4, 9 9 c — — — FIOUNBRASS F1 ROD A CORNER NAVIGABLE WATER AREA IN HARBOR= 1.33 HWM--e.� ACRES / AREA ABOVE HWM= / 0.22 ACRES / ` OkI(:46�457 ) 'GINAL HARBOR LINE \ FOUND IRON � ! \ PIPE ! \ / y SUBSEOIIENTLY DEEDED TO COUNTY HWM ! FROM NI(NVROE GASKILL ! ! \ 9 0�"tl ! NAVIGABLE WATER PfknPosCO 4� ! Ss ! 77r 3 EY.cAVAT�� 'Y S)• �� r 1 Q Z F41 S AP>C To Q E 1 f Romeo fvvTe a . G ASrcILL a, �� pocKsep OFr_SIT oy \ ��ioPtply poll% NoT R!!uT NAv, wC-� wAr0.'m C V-4mTe ri eT C.u%A. cy Lth-, 'CI-`(1— , c %--ta"`SIC 0 T, �\! t, 4tc•0.t+ ��.a` �N \� FOUND IR \ ROD SURVf i 'ir, r'ARTERET COUNTY HARD -OR CEDAR ISLAND HARBOP CEDAR ISLAND TOWNSHIP CARTERE T COUNTY, N. C. HWM - Vy •+y` � r J4 o O� op 7 V ! 3B,4 q), y N/F YVONNE STYRON 536/ 147 i FOUND IRON FIFE \ / 3 r � • F SET PIN '.L N. HWY 160 r \ AUTHORITY �' SURVEY NAIL CL N. C. MIN' ' 2 ti. / ?� / QO / h� FOUND CONCRETE MONUMENT ON L INE COMPUTED POINT ORIGINAL HARBOR CORNER / hti N/F LOURIE HENNESSEY 91 1 /70, DFC. 3, 200- SCALE 1" =40' 0.�vlsRt� G (l (04- GRAPHIC SCALE r T_ 4 0' 0' 4 0' ql ,.'F;YED BY 7 POWEL_L . ' ,RVL �,IG COMPANY, P.A. F 0, BOX 616 _ BEAUFORT, N C 28516 — SEA PG .. N07 FOR RECORDATION NAVIGABLE BASIN SET IRON PIPE AT HWM NOTES: SEE DEED BOOK 248, PAGE 467, AND SUBSEOUENT DEED FROM MONROE GASKILL SEE PIN 8406.04620004 ALL BEARINGS REFERENCED TO DEED BOOK 246, PAGE 467 LEGEND: CL- CENTERLINE. EIP- EXISTING IRON PIPE. HWM- HIGH WATER MARK. N,-Fe NOW OR FORMERLY. PIN- PARCEL IDENTIFICATION NUMBER, k.'W- P. I GHT OF WAY. Pic- JUN 1 5 2004 Morehead City DCM WHEATLY, WHEATLY, NOBLES, WEEK. VALENTINE & LUPTON, P.A. JUN 1 5 2004 ~ Claud R. Wheady Jr. Claud R. Wheady, III John E. Nobles, Jr. Stevenson L. Weeks, Stephen M. Valentine James M. Lupton Mr. Ted Tyndall Division of Coastal Management ATTORNEYS AT LA W 710 Cedar Street urruhe a r. ` P. O. Box 360 ciiy CIV, Beaufort, NC 28516-0360 Telephone (252) 728-3158 Facsimile (252) 728-5282 E-Mail. rwheady@wwnwpa.com June 11, 2004 Hestron Plaza 151-B Highway 24 Morehead City, NC 28557 RE: Application of Carteret County To repair portions of dock at Cedar Island Dear Ted: Enclosed please find a copy of a survey that was performed by James Powell, RLS, showing the proposed reconstruction of the dock at Cedar Island. As you are aware, the county owns the property as shown on said map and previously a dock existed in the harbor area as you have seen on your aerial photography. A portion of the dock that was previously constructed was on property of J. T. Gaskill subject a lease between Gaskill and the county. Gaskill has advised me that he will not allow the county to construct or put anything on his property. Powell has surveyed this area and has determined that Gaskill is not a riparian landowner and this is clearly shown on his map. Also, I have attached a copy of an affidavit from Powell showing that Gaskill is not a riparian landowner in the harbor. As a result of J. T. Gaskill's refusal to allow us to reconstruct the property where it would have to cross his property, we are limiting the scope of repair to that area as shown on Powell's map which would begin at the county's corner on the harbor and would extend eastwardly along the highwater mark. We are anticipating the addition of approximately 21 feet to make up the area that is being lost so that the fishermen can load and unload across said dock and gain access to NC Highway 12. The riparian landowner on the east side, Johnny Styron, has agreed to waive the 15 foot setback requirements and I have obtained from him a waiver which is enclosed. Mr. Ted Tyndall June 11, 2004 Page 2 r"Al :J JUN 1 5 2004 More -head City D 1 In addition to the repair of the dock, we would also request that CAMA allow us to repair the bulkhead. It also appears from an inspection of the property that there is various junk and other storm debris which is located seaward of the bulkhead together with some fill material which has washed back into the basin. We would request that you also give us a permit to remove that debris and additional sediment not to exceed 1,000 cubic yards. Mr. Johnny Styron, our neighbor to the east, has agreed for us to put the spoil on his property. If there is anything else that you need prior to issuing the permits, please advise. I am also sending a copy of this letter to Johnny Styron and to J. T. Gaskill so that if our adjacent landowners disagree with anything that is set forth in this letter, they cancontact you. We are sorry that we could not repair dock in its full length as it previously existed; however, I understand from Mr. Gaskill of his previous problems with the county and that he does not feel the county treated him fairly. The purpose and scope of this work is to provide public access, more particularly for the fishermen, in the area in order for them to unload product. As to the current scope, it is not the intention of the county to charge for usage of this docking facility. Previously agreements were reached between the county and some fish dealers to allow them to construct fish houses or similar type structures in the vicinity of the docks and whether or not that would become an issue in the future is not something we are concerned with at this time. Hopefully, once everything is constructed, the Carteret County Harbor Authority will assume the responsibilities for use and maintenance of this tract. If you need any further information, please do not hesitate to call me. Very truly yours, cL� C. R. Wheatly, III CRWRI/gg Enclosures Cc: Johnny Styron J. T. Gaskill �i{rl gCE JUN 1 5 2004 IN RE: CARTERET COUNTY CAMA PERMIT CEDAR ISLAND HARBOR moretioad C I' I, James L. Powell, Registered Land Surveyor, being duly sworn depose and say: 1. I am a Registered Land Surveyor and have been for more than 30 years. 2. I have surveyed the property for Carteret County where the Cedar Island Harbor is now located. 3. I have determined based upon actual field survey that J. T. Gaskill and wife do not own any property that abuts the property of Carteret County in the vicinity where the docks are to be replaced by Carteret County. 4. J. T. Gaskill is not a riparian owner adjacent to the Carteret County dock replacement project. Further your affiant sayeth not. ,\)�� (SEAL) as= L. Powell, RLS Sworn Ito and subscribed before me EgnQ�®8Sl�� •��,�'`°�°s aom This 3 day of June, 2004. eo�,o� pp�+„ • o boo °es� 00 �9 ;? a �� H ^� • � e O o Notary Public My Commission Expires: 3/12/05-- �v�,,F,Q�^.....•••'�.��ao`� iso�0e; rC ©VN o"', r ADJACENT RIPARIAN PROPERTY OWNER ST ' 1 (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATH JUN 1 5 2004 I hereby certify that I own property adjacent to Carteret Count s (Name of Prope tmtz City DC property located at adjacent to Cedar Island Road, Cedar Island Harbor, J.T. Gaski] l and (Lot, Block, Road, etc.) Johnny Styrcn . on Cedar Island Harbor in Cedar Island, Carteret County , N.C. (Waterbody) (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. I do not wish to waive the setback requirement. t. I� I & wish to waive that setback requirement. �. ---------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) \ f iA- 6 o ry IL v C V4.'4 4 r� / I /k00o �y n O , Roposl�`n��ccK isuLKK AO S •T. G RSK�LL - Ge u art RMtl�,t Y E P V To F�ykRY C ---------------------------------------------------------------- --- ------------------ natu Johnny Styron Print or Type Name 252-225-8821 Telephone Number Date: 1 June 2004