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HomeMy WebLinkAbout54343_KOZLANSKY, JAY AND HOFFMAN AND KOZLANSKY, LLC_2009073081Z&/'d ' /'� ElCAMA / ❑ DREDGE & FILL �� GENERAL PERMIT ❑New •L]Modification ❑Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environment and Natural esources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC_ :YAt Applicant Name n L Project Location: r 1 Address r C: City r : j r_ State? ZIP 1 �+ Phone # () Fax # ( ) 54 143C Previous permit # Date previous permit issued County Street Address/ State Road/ Lot #(s) Subdivision i �ri 1. ; ., -o Authorized Agent -A) • 'I_ City Affected C CW ❑ EW 3 PTA AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ PWS: ❑FC: ORW: _ yes no PNA yes / no 0 Rules attached. ZIP DES ❑ PTS Phone # ( ) �7 :2 4: dr. { ? River Basin ❑ uBA ❑ N/A Adj. Wtr. Body T 7-�' �'U (at Lman /unkn) c Crit.Hab. yes / no Closest Maj. Wtr. Body C-r e This facility is located within a Primary ■:■■■■.■ ..MOM : No mom ■■■■■■■■■■■■■■■■■■■■!I ■■■■■■■■■■■■■■■■ ■■■IlI��_HE J�■/ �■■■■iiRMINEE■Et►`E. :.. :.. ME NOR- go �\■■■■■■rrl1���1!■■■tl■■■■■1�11■ ■■■■■■■■■rNf�il ■■■■■■■■■■■■■ ■■ __o- 1111MMONNOOMMONONE mm, .■ 7 ,,■■ ■■Ial%E■ ■ ■■■■■■�i—....■�r■�R�■!�■■■■■■■■■■■��r■■■■■ ■�I■■■:■■■®■��■rl■i�ri■Ir■■■■■■■■■■■■rr■■■ EVNO hq _ ■■■■�:7■■r►.l�■■■\\■■►\■fit■■lwl■►�■■■■■■■■■ ■■ mom =ONE . ■■■■■■■■■■■■■■■■■■III■■MOM R i.V rh N_ ■■■■■■ enr r Applicant Printetl Name, Signature Please read compliance statement on back of permit Application Fee(s) Check # Permit Officer's Signature r Issuing Datef rExpiration Date 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, 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 rules. 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. (Serves: Carteret, Craven, Onslow -above Raleigh, NC 27604 New River Inlet- and Pamlico Counties) 919-733-2293 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) 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 W"Ib. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATIIOUSE) I hereby certify that I own property adjacent to /� f �/j(Name of Property Owner) property located at v �� J '�; ,j 4, �--" d' e" 'I./"C`/. �� (Lot; Block, Road, etc.) on N.C. (Waterbody) own 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 piiings/boattift/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) " )„ 4 7-' SCa --)e 'To Iu � (e,, 5,4 o ,,e My c� 4 Print or Type Name -17a-tiIS-t�1-7 Telephone Number Date_ �-1 -,so - 0 -UJACENT RIPARIAN PROPERTY O (FOR A PIER/htOORING PILINGS/Rpq L.1 BOA �'�jQ STATEMENT I hereby certify that I own property adjacent to (Name of Property Owner) Z—, Property located at �i-1 - .. � ,/f (Lot, Block, Road, etc,) one h� a� C% in Miterbody) C _ , N.C. own 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/boatlifl/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_illed in by individualproposing development) 4 To -u (4,94omr-�,� Signature J Print or Type Name 3 3 G -- Q c4c4 Li 3 s� Telephone Number Date: s �'� _ HL-1 7 -2009 03 : = 7 PM N 0 E t "1. JAN-07-2009 12:34 PM HOE 7283966 P.01 7283966 P.03 FIR MC R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael f. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Applicant Name d -qw v rt �1D Id, r'4 �Q Mailing Address -�D, s7 -k I certify that I have authorized (agent) Ike ,/D e- �% - to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) C� 2 0 K-r at (location) Ka [ �' --Z /��/tT1 ��'a�� T�) /s►ur�•r This certification ' aid thry date} Signature 7 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28M8 FAX: 252-247-33301 internet: www.nccoastalmanagernent.net An Equal 1 AlllitmYre Action Employer - 50% Recycled 110% PM Consumer Paper .JRN-87-20109 13:33 From:7283966 ID: Paee:003 R=92: Noe Construction & Services PO Box 2012 Beaufort, NC 28516 252-728-3966 Norman Gillikin 9930 Bluff Court Emerald Isle, NC 28594 2/17/09 Dear Mr. Gillikin I am an agent for the people that own lots near or intersecting your oyster lease in Hancock Creek, Smyrna, NC. Enclosed are drawings and an aerial photds describing the project. As you can see from the aerial photo as well as the drawing the docks are day docks without slips, and will be located up to your lease on Lot 3, and inside your lease on Lot 2. 1 surveyed the lease and the properties at low tide, and it appears neither proposed dock would interfere with active oyster beds. I have included a copy of the CAMA regulations per field agent Barry Guthrie of the NCDCM in Morehead City. You as lease holder are offered the opportunity to designate an access point for the dock access across your lease so as to minimize any present or future impact to your lease. It did not appear that there were active oyster beds in either location, but if there are, Marine Fisheries allows you 60 days to move them to another place on your lease to avoid damage to your oysters. If you have any questions please direct them to me at the above phone number or email address. If you would like to meet on site with me or Mr. Guthrie then please let me know. Thank you, Mike Noe Jr. Sent via certified mail riparian owner(s), or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before Construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any development of the pier, dock, or boat house. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Application of this Rule may be aided by reference to the approved diagram in Paragraph (r) of this Rule illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. 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. (p) Piers, and mooring facilities shall be designed to provide docking space for no more than two boats. (q) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. (r) The diagram shown below illustrates the various shoreline configurations: y \. vl,, ��• t% e irk , EXAMPLES ` �- RIPARIAN ACCESS AREAS F t-, PROJECT AREA EDGE OF CHANNEL OR Y --- DEEP WATER R ' -----' PROPERTY LINE RIPARIAN LIMIT MEAN HIGH WATER WATER History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990; RRC Objection due to ambiguity Eff. March 18, 1993; Amended Eff. August 1, 1998; April 23, 1993; Temporary Amendment Eff. December 20, 2001; Amended Eff. April 1, 2003. 49 Page 1 of 1 From: "Margaret Bailey" <pasturept@starfishnet.com> To: <anoe@ec.rr.com> Sent: Thursday, March 12, 2009 9:34 PM Subject: re: Oyster Lease Mike, please send the paperwork to me at 158 Pasture Point Ln, Smyrna, NC, 28579. I hate to be so uninformed, but who are you? What property do you own on Hancock's Creek. After looking over the paperwork, I'll give you a call so we can do a face-to-face. Thanks. Margaret Bailey From: "mike" <anoe@ec.rr.com> Sent: Wednesday, March 11, 2009 2:37 PM To: "Margaret Bailey" <pasturept@starfishnet.com> Subject: Oyster Lease Ms. Bailey, I understand from Walt Gillikin that your father Norman Gillikin is deceased. I have paperwork I would to send you concerning proposed docks in Pasture Point. The county records show him as the lease holder of a oyster lease running parallel to shore in Hancock Creek. It had a mailing address and your late father's name listed in Emerald Isle. The paperwork came back of course undeliverable. If you could give me your address I can drop this in the mail and then call me, or I will check with you about the information and we can meet out at the properties if you want. It is a formality that CAMA requires whether there is an active lease with oysters or not. I have a copy of the rules to give you that states the shell fish lease owner is to be notified and given opportunity to establish a corridor across their lease and or move oysters if necessary. surveyed things at low tide and I did see what appeared to be active oyster beds. These docks run up to the edge or in the lease area slightly and do not allow for boat lifts or wet slips . They are referred to as observational docks due to the new rules and that Hancock Creek is a PNA or Primary Nursery Area that is protected further under new rules. Your late father's lease would be minimally impacted should you decide to sublease or work it again. I will be glad to send this paperwork and discuss it with you. The rules are there to protect the leaseholder from people driving across his oysters or clams without his knowledge or designation of an approach corridor. Thank you, Mike Noe Jr. 6/1/2009 NOE CONSTRUCTION & SERVICES, INC. P. O. BOX 2012 PHONE: 252-728-3966 BEAUFORT, NC 28516 w LL Pay to the Order of J 2�� r Beaufort, NC 2851 t For 1 053 L L 21, I: 00770991fe L 262 1262 r 66-1246/531 Date olIars , ...,.,..