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38066_CASEY, ROGER JR_20040405
-ems ❑-, CAMA / ❑DREDGE &FILL 0 r; GENERAL PERMIT Previous permit # ❑New ❑Modification ❑Complete Reissue 1Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC (11-I C Rules attached. Applicant Names l�'•p�y ; 5� Project Location: County_ r• j Address a.,.V .A,64 3ux Street Address/ State Road/ Lot #(s) City c:o State nl[ ZIP 533 +l bevy =�f f; Phone # Fax # (�I) 73Subdivision Authorized Agent ,rr,V"r jj City P�'iar� ou�i ZIP 1" orb 3' ❑ CW [JEW �RPTA R ES ,® PTS Phone # ( ) River Basin 1F"' �' DO I Affected El OEA HHF El IH El UBA ❑ N/A AEC s : Adj. Wtr. Body Rtrr V D !P (na /unkn) ❑ PWS: ❑ FC: � ORW: yes / no PNA yes / no Crit. Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity 4 Pier (dock) length Platf Finge Groin Bulk Basir Boat Boat Beac Oth[ Shor SAM Sand Mora Phot Waiv (Scale: N::�r ) r pier(s) r Q} / I f F✓ 3 t < length i -. I! �_ �r tC7 - W -_ ✓ i r number lead/ Ri ra len h P P length rr avg distance offshore 11 max distance offshore channel t k i MC1 N h4 (. rJ J ! r _i_ 1 t� 11rt ( . F _ -- �pc r E r _ -- 77 J_t__ cubic yards 9 T ramp- iouse/ Boatlift a f4 — f _ - N�1! - 7 Bulldozing AL S eline Length G not sure yes bags: not sure yes no - torium: n/a yes no os: yes no er Attached es no — } C(" - - - I y A building permit maybe required by: Pfer} �( hpoJ ❑ See note on back regarding River Basin rules. Notes/Special fodij . tjr,,�,) ►urp. l� C�,I �iv�k�I,.a rrh�o 7•`•il�, i'i �. + rrk.-I re .„J.- 3Conditions t' r~ i�'V1•tY<<r'�� r l�' Ji/,CJJ !«cN)�`/r.p�r, l6,rJA (1[.l �rNre,! f►of(��+�rhF' /b� fa'�/Flf •- �" 'dt,G�� le � d ifF (P �J ♦�:1 Q{�h, �I�,r1! 8�111C,. je,� Yf�Yl�.e I /{A l%�, .�r�1,P :ieFil f :ti �' �G �1! ��V�. 7! �,7�I gib! ♦v� f i'�1F-}�7•L J, ! t I�PJ 1 a K o.. E r, 'ti r. 4, r 4 4P t ri PVt11 t.,�ll` • „ i Agent or Applicant Printed Name Signature Please read compliance statement on back of permit Application Fee(s) Check # �-f� �•'; r1.eA1r� Permit Officer's Signature , Y- i c Issuing Date Expiration Date 4.)Q33; 1; Local PlanningJurisdiction 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, certifythatthis project is consistentwith the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: El 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 how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 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 Mr Roger P. Casey, fr. Mrs. Roger P. Casey 66-30/531 600 Hartley Acres Dr 731-2600 172 8647 Goldsboro, NC 27534 PAY To 111! DATF ORDER 01 P, fill" 111w. k. DOI 1"NI's 17-1 FIRST FQTjZF, NS NK ire ltizens a;4 Cl www-firstcItIzens.com 011 �2tA'7— -,� ---? ':OS3&0030D':OO&S9SSSiBlL.3u- 08647 Mr. Brad Shaver Coastal Management Field Rep. Division of Coastal Management - NCDENR 151-B Hwy 24 Heston Plaza II Morehead City,NC 28557 Mr. Shaver: This letter is written in response to our recent conversation concerning a request you have received from Mr. Roger P. Casey ,Jr.,103 Bay View Blvd.,Adantic Beach.I am the adjacent owner of Lot 1,Block 11,109 Bay View B1vd.I have received from Mr Casey an Adjacent Riparian Property Owner Statement for my signature along with drawings explaining his intentions to expand his current dock facility and bulkhead along existing Town property on Bay View B1vd.I also have a letter from Mr Neil B. Whitford,city attorney for the Town of Atlantic Beach ,with explanations for Mr Casey's intentions. My thoughts and intentions. 1.Per our conversation,my ONLY concern revolves around my boat ramp and maintaining clear access to it.A large boat ,based on the proposed new docking configuration by Mr Casey ,could conceivably protrude into the area needed to launch and load a boat from this existing ramp.Also,any future pier or dock built from the proposed new bulkhead area along Bay View Blvd could pose a similar concern for the boat ramp.Again,I want to maintain access and usage of this ramp both in this proposal and any future proposals. 2.I intend to sign the Statement from Mr Casey.He is a fine neighbor and equally fine gendeman.l have no reason to question any intention he has to improve his existing facilities or those of the Town.However, I want my concerns for my existing facilities to be of record.Before I sign the Statement,I wish to have written notification of your agency's receipt of / acknowledgement of my concerns and guarantee that access to the ramp will remain as currently exists. Thank you for your time and efforts. Rachel W. Burnette 911 bob Y4 8 oetl��- Cc:Mr Neil B. Whitford oR03 V ADJACENT RIPARIAN PROPERTY OWNER STATEMEN-i +'�'� 3 0 200, (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to �o�r��l� to,- C��-/ zws (Name of Property Owner) property located at (Lot, Block, Road, etc.) on ii`C , in 4-511-y7-7G �G�9�F% , 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. V I do wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) Signature Print or Type Name ,�/9 - y&;7-1Z1, Telephone Number Date: Z/ l7/0�z ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE) MAR 8 0 2004 I hereby certify that I own property adjacent to Pa 61 a P, clffv JA's (Name of Property Owner) property located at on (Waterbody) l 0 3 ?�C/ v; �36 4--;p (Lot, Block, Road, etc.) U, in �77��� , N.C. (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. I do wish to waive that setback requirement. ------------------------------------------------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) -6o ch / C, C /-z�� `0 �'Z' C (2 , -:- ,/- Print or Type Name Telephone Number Date:�����"� Mr. Brad Shaver Coastal Management Field Rep. Division of Coastal Management - NCDENR rr 20011 151-B Hwy 24 I'j" Heston Plaza 11 Morehead City,NC 28557 Mr. Shaver: This letter is written in response to our recent conversation concerning a request you have received from Mr. Roger P. Casey ,Jr.,103 Bay View B1vd.,Atlantic Beach.I am the adjacent owner of Lot 1,Block 11,109 Bay View Blvd.l have received from Mr Casey an Adjacent Riparian Property Owner Statement for my signature along with drawings explaining his intentions to expand his current dock facility and bulkhead along existing Town property on Bay View B1vd.I also have a letter from Mr Neil B. Whitford,city attorney for the Town of Atlantic Beach ,with explanations for Mr Casey's intentions. My thoughts and intentions. 1 Yer our conversation,my ONLY concern revolves around my boat ramp and maintaining clear access to it.A large boat ,based on the proposed new docking configuration by Mr Casey ,could conceivably protrude into the area needed to launch and load a boat from this existing ramp.Also,any future pier or dock built from the proposed new bulkhead area along Bay View Blvd could pose a similar concern for the boat ramp.Again,I want to maintain access and usage of this ramp both in this proposal and any future proposals. 2_I intend to sign the Statement from Mr Casey.He is a fine neighbor and equally fine gentleman.l have no reason to question any intention he has to improve his existing facilities or those of the Town.However, I want my concerns for my existing facilities to be of record.Before I sign the Statement,I wish to have written notification of your agency's receipt of / acknowledgement of my concerns and guarantee that access to the ramp will remain as currently exists. Thank you for your time and efforts. Rachel W. Burnette maw -�� moo Y Cc:W Neil B. Whitford kf'- , 3 0 2004 February 23, 2004 Mrs. J.A. Burnette 132 Rand Road Raleigh, NC 27603 Re: 109 Bay View Blvd. Atlantic Beach, NC Dear Mrs. Burnette, Thank you so much for allowing my wife, Johnnie and myself to meet with you and Ronnie about our extending the bulkhead along Bay View Blvd. You and your family were very gracious host. Johnnie and I enjoyed the delicious meal and the visit. I agree with you that extending the bulkhead will benefit both your properties and ours. We can finally get rid of and improve an unsightly shoreline. Ronnie told me Friday that he has hired Jimmy Powell, Surveyor to survey and determine your property lines. I have also hired James Phillips Land Surveying to determine my property lines. I agree with Ronnie that determining the property lines and thus the halfway point will prevent future problems from coming up. I am enclosing additional copies of our improvements as well as the N.C. Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form. If you have no objections to the improvements, please initial where indicated and return to me. I have enclosed a self addressed stamped envelope for your convenience. Sincerely, Roger P. Casey, Jr. RPC/kd M m 7�� W- Lr1 Postage .J m a Certified Fee Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee Ct (Endorsement Required) F-3 Total Postage & Fees 0 S Name (Please Print Clea 'Tt Arts_ J `---'-4- -- Er Street, Apt. No.; or PC i ED — — T City State, ZIP+4 f� fJ it_ / C I.iA" S O 2000r )ASTAL MANAGEMENT r OWNER NOTIFICATION/WAIVER FORM -- Ac Beach, NC Carteret r =' (Lot or Street #, Street or Road, City & County) - y adjacent to the above referenced property. The individual ed to me as shown on the attached drawing the development -- )r drawing, with dimensions, should be provided with this I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, Hestron Plaza II, 151-B, Hwy. 24, 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, boat house, 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.) Signature Print Name I do wish to waive the 15' setback requirement. i do not wish to waive the 15' setback requirement. Date Telephone Number With Area Code Post Office Locator Page 1 of 1 Post Office Locator Mail addressed to: 1A -' 3 0 2004 132 RAND RD RALEIGH NC 27603-9227 is delivered by: UNITED STATES POSTAL SERVICE 2100 LAKE DAM RD RALEIGH NC 27606-9997 Phone: 919-743-0663 Fax: 919-839-0655 Version 5.0 Database 02104 Copyright ©1997 United States Postal Service. All rights reserved. Developed by the USPS National Customer Support Center http://zip4.usps.com/cgi-bin/zip4/po 3/4/2004 fj'IA + 3 0 2004 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: cJ, 4,/,/Z—`` 2 /y, C. 2. Article Number (Transfer from service label) PS Form 3811, August 2001 ❑ Agent X 'r ❑ Addre B. Received by (Printed Name) �DaofI D. Is delivery address different from ite If YES, enter delivery address below: ,<No/ 3. Service Type ,Certified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Domestic Return Receipt 102595-0-M-1540 UNITED STATES POSTAL • Sender: Please �'� r' I AfY�' I I address, au'* x "65" �a i f i1►!!lll,,,111��l11�f„�fit lf,1,l,i1!!,lh11 Mrs. Rachel Burnette ;Ois132 Rand Rd Raleigh, NC 27603-9227 i S: :1�i•i 7S:L1* 1tIit "It IiI'lllllll$111lllII/l/IIt/itllitIII III )IIfill IIIit/I G� O N O O t TONAIN OF ATLANTIC BEACH i'. O. Sox 10 125 West Fat Macon Road Atlantic Beach, NC 28512 Mr. and Mrs_ Roger P. Casey, Jr. 600 Handley Acres Drive Goldsboro, NC 27534 t"t Dear Mr. and Mrs. Casey: September 24, 2003 Enclosed please find a copy of the recorded Ton -Warranty Easement. Sincerely, Leslie H. Eldredge, CMC Town Clerk LHE:smf Enclosure D 0 2004 Phone: (252) 726-2121 Fax: (252) 726-5115 E-mail: tab@atianticbeach-nc.com W �m R1- f Q 2QQn HCRTH CAROLINA, CARTES COUP ¢7c foregoing t:ertdicat4s) of 3-.Otary PLZ ic!s) Mats ce,lafie : to tie, corr9ct. "ii'i� instri : A and i'is cesisa cite are a1iV reg:ste:ac at t3;e date acid t' and BooC a-nd P :rye.'' sha— wn on t `3:"e Me herecli. At t ur, ---ter of Curs By AsscPte�asi• a d De► s STATE OF NORTH CAROLINA COUNTY OF CARTERET THIS AGREEMENT OF NON -WARRANTY EASEMENT, made and entered into this 5th day of September 2003, by and between the TOWN OF ATLANTIC BEACH (hereinafter referred to as "Town"), a North Carolina municipal corporation, and ROGER P. CASEY, JR_ and wife, JOHNNIE H. CASEY (hereinafter referred to as "Casey"), their successors, heirs and assigns. STATEMENT OF EXPLANATION Casey is the owner of 103 Bay View Boulevard, which is also known as Lots 16, 17, and 18, Block 10, Sound View isle Subdivision, Atlantic Beach, North Carolina according to the plat thereof in Map Book 3, Page 71, Carteret County Registry Stormwater runoff has caused severe erosion in or near the right of way of Bay View Boulevard just to the north of Case)?s property. The erosion is undermining the shoulder and in the fiiture the pavement may be damaged by the erosion. Casey has offered to place a seawall on the canal within the easement area as a means of stopping the erosion. In exchange Casey requests the release of all of the Town's riparian rights associated with the easement area. The Town has agreed to grant an easement to Casey for the installation and maintenance of the seawall and to release its riparian rights. ' n r STATEMENT OF AGREEMENT In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration paid by Casey to the Town, the receipt and sufficiency of which is hereby acknowledge, it is agreed as follows: I . GR ANT OF EASEMENT, The Town grants to Casey a non-exclusive easement for the installation and maintenance of a seawall as follows: Beginning at the northeast corner of Lot 18, Block 10, Sound View Isles Subdivision as shown in Map Book 3, Page 71, Carteret County Registry, from said point of beginning run thence with the western right of way of Bay View Boulevard sixty (60) feet to a point; run thence in a westerly direction to a point located in the high water mark of Center Canal; run thence in a southerly direction with the high water mark of Center Canal sixty (60) feet to a point in the northernboundary line of Lot 17, Block 10, Sound View Isles; run thence in an easterly direction with the northern boundary Bare of Lots 17 and 18, Block 10, to the point and place of beginning. •►1ii�!\ • u!.'Il►r - f, rn� - - •� f RyeW, 1. M - witYii.n. twenty-four (24) months of the date hereof. If construction is not completed within twenty- folz (24) months, this easement shall terminate. Additionally, this grant is conditioned upon Casey permitting the Town to establish and maintain a drainage system within the easement area for the draining of the right of way of Bay View Boulevard. If a suitable drainage plan cannot be agreed upon by the parties, this easement shall terminate. 3. RTPARTAN RTCx . The Town hereby releases any and all riparian rights the Town may have within the easement area. However, in no event will this release give Casey the right to interfere with the use and enjoyment of the boat ramp into the canal belonging to the owners of Lot 1, Block 11, Sound View Isles Subdivision. Page 2 of 5 4. NON—EXCUTSTW, FASFM-FNI. The casement granted herein shall be non- exclusive. 5. NO WARRANTY. The Town makes no warranty, express or implied, that it has the night, title, or interest, to grant the easement stated above. Casey assumes all risk associated with the authority of the Town to grant such casement. 6. RMFW41TY. In the event any third party claims damage as a result of the granting of this easement, or any third party challenges the validity of any term of this easement and agle.cment, Casey agrees to indemnify and save the Town harmless from all claims and demands, including the Town's costs and attorneys fees in defending against such_claims and demands. 7. TERM C)FFA,,F.VFNTT. Unless terminated as set forth in paragraph 2 above, this easement shall be perpetual and shall run -with the title of the Property. In testimony whereof, the parties hereto have set their hands and seals the day and year set out above. A7rEST-. H. Eldredge Town Clerk TOWN OF ATLANTIC BEACH BY: L- Joseph Stioud, -3r. Mayor Page 3 of 5 &W--V--0e Roger P_ Casey, Jr. Johnnie H. Casey STATE OF NORTH CAROLINA COUNTY OF CARTERET 1, "—\. �Ap c—tK , a Notary Public in and for the above -named State and County, do hereby certify that personally appeared before me this date L. JOSEPH STROUD, JR., who being by me duly sworn, says that he is the Mayor of the Town of Atlantic Beach and that he knows that Leslie Eldredge is the Town Cleric, and that he knows the common seal of the said Town; that the Town's name was subscribed to the within document by him as Mayor and was attested by its Clerk, with its seal thereto affixed, all by order of its Town Council duly given, and that the said ins'r+ ument is the act and deed of said Town. w[TNESS my hand and notarial seal, this the day of — , 2003. SAN�iL NOTARY CARTRET JNT-y, N- C. -%W c°�1� C�+�• . � L — - Notary Public My Commission Expires: _ 10k, Page 4 of 5 MIZ 64 MA STATE OF NORTH CAROLINA COUNTY OF eU6TJ�ET e-�j G + �- I, I n CLI`.- s'�+� r fi , a Notary Public of the County and State aforesaid, cerbiy that ROGER P. CASEY, JR. and wife, JOHNNIE H. CASEY, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. `/ I WITNESS my hand and notarial seal, this the day of `5�1` , 2003. C"� <5'C'0"C Notary Public -Z-1 S'\ 0� Page 5 of 5 f1 I _ 0� It ECM � I RA CNS, IN UL 1 j 1 lAv Rip; y�r�^ IA�r y/•�� ` i f J•.! \/I S I KH f D- J JL��HLAD f 7 PUNCH 10 1 / / -- - 12 TRA�T f r l r 4r� � CL m %C "7 f f 'Y6— Co A,,(% % /a 3 �Ay v,`c-&,o -Oep.0. 9 f9- r� 7r -- ee 7 9 a w 3'34 N Jo t4tki=crop A� 1 F. '1 s 1 6 lSf/'U�-fJS-tr�Lt/ 3007, 0 9 Nvv) Q .9 --.Vo � 7.�� WS -18 o"'78 416'a Ca/ 4-44V-PcI A,?-Sb'7 �-9106 me,pp(ef-- lc-4"4t eei� P, ew r-Fy 3 Pl. pl- imt c4-*- o P14 664 2004 PAP `� 1, t _ - - _ �- 14 6A P 7fr�s %�:•�-*!7 ey eky- 17/ P7'd f7O j tGW,4� � f � � 1 ,L �Sz 00, f� i��� LA/ - -S£C, -!/6 • .et,� '� � j 7-:!'v-�74 tom' 7�