HomeMy WebLinkAbout55230_PINE KNOLL ASSOC_20100614"JIW '} '> 't+s`•45FJ,R''�iF 7 -.;x^ S `'�3 5a �. .'.T"^cr_ -__ _ �/1 _ _. _ LLll// _:'S,._. .i �..w Kyi .i 'c}
❑ CAMA / ❑DREDGE &FILL U
GENERAL PERMIT Previous permit#
❑New ❑Modification ❑Complete Reissue ❑Partial Reissue eate previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resourcesand the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC -
� y ,fNRules attached.
Applicant Name if'tr r\i;%' (f hOC . f t,�o�E.: Project Location: County +, : e ',
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City StateW ZIP -9 2
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Phone # O Fax # ( �,.___ Subdivision
Authorized Agent ------ -- City ZIP
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Affected
AEC(s):
❑ OEA ❑ HHF
❑ IH
❑ PWS:
❑ FC:
ORW:
yes / no PNA
yes / no
Type of Project/ Activity
Pier dock length
Platf
Fing
Groi
Bulk
Basin
Boat
Boat
Beac
Oth
Shor
SAV:
Sand
Mon
Phot
Wain
❑ ES ❑ PTS
❑ UBA ❑ N/A
Crit.Hab. yes / no
Phone # ( I I River Basin
Adj. Wtr. Body. - .� �} �n C1 (nat /man /unkn)
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A building permit may be required by: I (� (� ,��}- �? ❑ See note on back regarding River Basin rules
Notes/ Special Conditions 1^�-- (-{' f t!`r�' n •^.• ~
Agent or Applicant Printed Nar
Signature Please read compliance statement on back of permit
Application Fee(s) Check#
Issuing Date "` % Expirpon 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 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/ 1-888ARCOAST
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
HARRIS & HILTON, P.A.
DAVID N. HILTON
Dhiiton(mhfltlaw.com
Pine Knoll Association, Inc-
Attn: Kathy Kimel
PO Box 905
Atlantic Beach, NC 28512
ATTORNEYS AT LAW
7320 SIX FORKS ROAD, SUITE lo0
RALEIGH, NORTH CAROLINA 27615
February 10, 2010
RE: Marty Hampton and Marvin Cardon
119 Loblolly Drive
Dear Ms. Kimel:
'telephone: (919) 848.6164
Facsimile: (919) 848-6918
AICEftitb
1EB 2 2 201p
Mor""a ehy 0CJW
This law firm acts as general counsel to Marty Hampton and Marvin Cardon. I am in
receipt of the proposed Adjacent Riparian Property Owner Statement from you with respect to
the proposed dock replacement by the Pine Knoll Association, Inc. After review of the same, it
appears that the foot print of the proposed reconfiguration expands the existing foot print thereby
encroaching into the area of riparian access of my clients and, according to the waiver, does not
comply with the 15 minimum set back.
As the reconfiguration is not compliant with the 15 minimum set back and otherwise
encroaches further into the riparian access of my clients thereby diminishing the value of 119
Loblolly Drive, my clients will not waive the set back requirements or otherwise consent to the
reconfiguration as proposed. Notwithstanding, my clients are willing to review and consider a
revised proposal if the revisions the encroachment and set back concerns. If you have any
questions, please contact me at the above address and telephone number.
DNH/lh
Sincerely yours,
David N. Hilton
cc: Marti Hampton and Marvin Cardon
' Connell, Brad
From: Connell, Brad
Sent: Wednesday, February 10, 2010 10:14 AM
To: 'Richard Belanger'
Subject: from the USPS website....
Attachments: image005.gif; image006.jpg; image007.png; image008.png; image009.png
Label/Receipt Number: 7005 1820 0002 4437 1871
Class: First -Class Mail®
Service(s): Certified Ma11TM
Return Receipt
Status: Delivered
Your item was delivered at 10:39 AM on January 6, 2010 in RALEIGH, NC 27609.
Detailed Results:
' Delivered, January 06, 2010, 10:39 am, RALEIGH, NC 27609
Arrival at Unit, January 06, 2010, 8:58 am, RALEIGH, NC 27609
Acceptance, January 05, 2010, 3:39 pm, ATLANTIC BEACH, NC 28512 Cc/
From: Richard Belanger [mailto:rbelanger@ec.rr.com]
Sent: Wednesday, February 10, 2010 9:33 AM
To: Connell, Brad
Subject: Re: Pine Knoll Association - Dock Replacement
Brad .... here's the number
7005 1820 0002 4437 1871
----- Original Message -----
From: Connell, Brad
To: Richard Belanger
Sent: Wednesday, February 10, 2010 8:36 AM
Subject: RE: Pine Knoll Association - Dock Replacement
What are the certified mail numbers? I can look up the status of the letter for you.
Brad
*E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties.*
��j�a�om ajc�chem
From: Richard Belanger [mailto:rbelanger@ec.rr.com]
Sent: Monday, February 08, 2010 9:07 AM
To: Connell, Brad
Subject: Pine Knoll Association - Dock Replacement
Bred ...... as per your note we have obtained signature from one of the adjacent waterfront property owners, but after
certified mail to the other we have not rec'd a response after 30 days. Are we allowed to move forward with this project at
this point?
If yes, please advise when you would be available to meet with me at the site to finalize the permit process. I am
available this week, but will be out of town the week of Feb 15th, returning Feb 23.
Thanks ..... Dick Belanger - PKA Waterways Director
----- Original Message -----
From: Connell, Brad
To: Richard Belanger
Sent: Friday, November 06, 2009 8:36 AM
Subject: RE: Pine Knoll Association - Dock Replacement
Mr. Belanger,
Thank you for the inquiry! Yes sir, I believe that this proposal would qualify for our General Permit process. The
process consists of providing proof of notification to the adjacent waterfront neighbors and a permit fee for this type of
development would be $400 payable to the NCDENR. Once you have those items "in hand," just contact me to set up
a site visit appointment. During that visit, I will get those from you, draw up the permit, go over the special conditions
of the permit with you, we'll both sign it and you'll be "good to go" at that point.
I have attached the adjacent riparian property owner form to this email. Simply fill out the top portion, sketch out the
proposal in the middle with dimensions of the proposed activity, and the neighboring waterfront property owners on
either side will sign and date the bottom right-hand corner of the form. If you have any questions in the interim, please
don't hesitate to contact me.
Brad
Mr. Brad Connell
NC Division of Coastal Management
Field Representative
470 Commerce Drive
Morehead City, NC 23557
(252) 808-2808 ext. 214`yV oO:
Brad, Connell@ncdenr.gov
ww,,,,, nccoasta!management, net
C PC, PC:) r
*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. *
From: Richard Belanger [mailto:rbelanger@ec.rr.com]
Sent: Thursday, November 05, 2009 1:14 PM
To: Connell, Brad
Subject: Pine Knoll Association - Dock Replacement
Brad ....... we are looking to replace our final fixed dock at our Davis Landing boat ramp with a new floating dock. We
need to do this because the dock is getting on in age and during 4-6 hrs each day is unusable due to high tide conditions.
The attached pictures speak for themselves. This dock is approximately 30ft in length and 6 ft wide. We would like to
replace it with a floating dock of the same dimensions and similar in construction to our last project at our Hall Haven
Marina. Mud bucket will be doing the work and there will be approximately 10-20 yrds of dredging required at the end of
the dock closest to the bulkhead. Is there anything else I would need to supply other then the usual scale sketches and
dredging profile?
I'm assuming this would be a minor permit - what is the fee required to be submitted with the drawings for this permit?
If there are'any other questions please reply or call me anytime on my cell phone @ 860-916-1174
Thanks in advance for your help!
Dick Belanger - Waterways Director
Pine Knoll Association
1
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIERIMOOREVG PILIIVGSBOATL/IFTBOJATHOUSE)
n/
I hereby certify that I own property adjacent to 1"/ ,L
n (Name of Property Owner)
property located at , L69(e/ L` Die,
ff % (Lot, Block, Road, etc.)
on &)6 l�fit�l L- s/� s (4,041 , in Plxre LA.kot� 5 )ecS , N.C.
(Waterbody) (Town and/or County)
Applicant's phone Z Z''0—1 71 % Mailing Address: P 0-1 &)2( 906
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. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do not wish to waive
y I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
1<E PCACL
P2F,/Z 477TACWz�,4)
(Information for Property Owner Applying
for Permit)
Mailing Address
4 %ZAAJlIC- &VAIVO
City/State/Zip -Z Z
2.2—Zg4-?--17/7
Telephone Number
12
Signature
Date
(Riparian Property Owner Information)
'T" `L Signa e
Print or a Name
Telephone Number
/�i �diog
Date
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PINE KNOLL ASSOCIATION INC
P O BOX 905
ATLANTIC BEACH, NC 28512-0905
DATE Q — 1 ()— / C)
5657
66-112/531
PAY
TO THE
ORDER OF r\ `,
c� Feelurea
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Back.
BRANCHCOMPANY
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II'000056571I' i:0531011211:00051983 8951I'
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue
Governor
Mr. David N. Hilton, P.A.
7320 Six Forks Road, Suite 100
Raleigh, NC 27615
Dear Mr. Hilton:
James H. Gregson
Director
June 14, 2010
Resources
Dee Freeman
Secretary
This letter is in response to your February 10, 2010 letter on behalf of Marty Hampton and
Marvin Cardon which was received by the Division of Coastal Management on February 22, 2010.
Your correspondence was regarding your clients concerns about the proposed expansion of the
existing staging dock by Pine Knoll Association, Inc. (PKA) at the Davis Landing Park boat ramp in
Sections 4 & 5 off Loblolly Drive, in Pine Knoll Shores.
The Division reviewed your concerns and objections to the proposed project and carefully
determined the riparian lines in accordance with 15A NCAC 07H.1205(q). These riparian lines were
subsequently surveyed by Strickland Surveying, P.A. and are shown on the attached surveyed plat (a
copy of which was mailed to your office this morning). The 5' X 26' access pier with a 6' X 12'
"side -to platform" was found to be located all within PKA's own riparian access area as well as
meeting the required 15' riparian setback. Therefore, after a thorough review of the rules, the Division
found the proposal to be consistent with the rules of the Coastal Resources Commission in 15A NCAC
07H.1200 and issued CAMA General Permit #55230-C to Pine Knoll Association on June 14, 2010
for the proposed project. I have enclosed a copy of the permit for your review.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party
Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources
Commission. The hearing request must be filed with the Director, Division of Coastal Management,
in writing and must be received within twenty (20) days after the disputed permit decision is made.
Please contact me or Brad Connell, if you have any questions.
Sincerely,
M. Ted Tynda
Assistant Director
Enclosures:
cc: ield Representative, DCM w/o enclosures
Dave Timpy - USACOE, Wilmington w/ enclosures
400 Commerce Ave., Morehead City; NC 28557 One
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net INorlhCaro ilia