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HomeMy WebLinkAbout48902_CATALIOTTI, ANTHONY_20070302❑ CAMA / ❑ DREDGE & FILL ,�,/ 48902 GENERAL PERMIT Previous permit# 0 ❑New ❑Modification ❑Complete Reissue El Partial Reis a2 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 ❑ Rules attached. Applicant Name Address City 6 �'� t `,y- State _ ZIP.' Phone # Fax # Authorized Agent Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Project Location: County Street Address/ State Road/ Lot #(s) +` .>, 'A - Subdivision City ZIP Phone # ( ) `i `!' ! % ' River Basin Adj. Wtr. Body - i�. t i (nat /man /unkn) Closest Maj. Wtr. Body Type of Project/ Activity v_ (Scale: ) Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: not sure yes r no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes �,no Waiver Attached: yes i no A building permit may be required by: Notes/ Special Conditions Agent or Applicant' rinted Name Signature "Please read compliance statement on back of permit" Application Fee(s) Check # E See note on back regarding River Basin rules. Permit Officer's Signature r" C 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 [)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: ❑ 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 Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (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 , < , 0 • :5"r A­ - NCDENR 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 March 7, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Anthony Cataliotti 100 Wind Tide Lane Havelock, NC 28532 RE: DENIAL OF CAMA GENERAL DEVELOPMENT PERMIT PROJECT ADDRESS- 100 Wind Tide Lane Dear Mr. Cataliotti: After reviewing your request in conjunction with the development standards required by the Coastal Area Management Act (CAMA), it is the determination of this Division that no permit may be granted for the project that you have proposed. You have requested to construct a mooring at 100 Wind Tide Lane, in Mitchell Creek, near Havelock, Craven County. The proposed mooring included a 200-pound mushroom anchor, 12 feet of/z" chain, 12 feet of '/2" cable, and a mooring buoy. The mooring was requested for your 27' powerboat. The mooring was proposed to be located at approximately 1/3 the width of the water body. Your request is inconsistent with 15 NCAC 07H .2205(d), which states: "Freestanding mooring buoys and piles shall be evaluated based upon the arc of the swing including the vessel to be moored. Moorings and the attached vessel shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet from the adjacent property lines...". The mooring as proposed would have an arc of swing of 102'. Your application states that you have 110 feet of shoreline perpendicular to Mitchell Creek. The arc of the swing of the vessel must be set back from the riparian line to the east by 15 feet and set back from the riparian line to the west by 15 feet unless specifically waived by the adjacent riparian owner. Therefore your available area for a mooring is effectively 110' — 30' = 80'. The arc of the swing of the proposed mooring would exceed the area available for a mooring. It should also be noted that the proposed mooring setup does not meet recognized standards for permanent mooring construction, especially related to the size and length of the rode for the mooring. 400 Commerce Avenue, Nlorehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net A,- Equal Occer,� rr.,; ' .Arirma!ive Acaor Emcic-er - 50". Recyc:ec � 10% Pos: CcrsLmer Paper ANTHONY CATALIOTTI MARCH 7, 2007 PAGE 2 We have received objections to your project from local and adjacent property owners that have raised concerns including navigational and safety issues that appear to have credibility with regard to the rules and regulations. If you wish to modify your project and reapply, the Division will consider a revised application under the major permit process in accordance with 15A NCAC 07J.1106 to ensure that potential navigational .and safety issues are addressed. Should you wish to appeal this decision to the Coastal Resource Commission or request a variance from that group, please contact me so I can provide you with the proper forms and any other information you may require. The Division of Coastal Management must receive appeal notices within twenty (20) days of the date of this letter in order to be considered. Respectfully yours, Tere Barrett District Manager, MHC cc: Charles Jones, Division Director Stephen Lane, Coastal Management Representative 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIA... Subject: 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT From: "Wiler, Neal" <NWi1er@iasair.com> Date: Mon, 12 Mar 2007 12:18:03 -0600 To: <jonathan.howe11@ncmai1.net> CC: <manatsea@insight.rr.com> JONATHAN: Per our discussion this morning, attached are the documents that I've received from Anthony Cataliotti of.the above address in the Mitchell Harbour subdivision, regarding his proposed construction in Mitchell Creek, Craven County. I am entering my objection to this proposed construction for the following reason: the cover letter's description of the proposed concrete ramp and the. enclosed drawing's depiction of the ramp's location don't appear consistent to me. I need a further explanation of exactly what Tony is proposing, overall, and where it/they will be installed. [I have copied Ray Simpson on this e-mail as he is owner of an undivided half interest in Lot D, as am I. Lot D in immediately adjacent to Tony's Lot 9.] Any clarification of this request from Tony that you can provide me would be greatly appreciated. Thanks for your help. Regards, Neal Wiler 303.376.6914 (b) Content -Description: D00008.PDF D00008.PDF Content -Type: application/octet-stream Content -Encoding: base64 1 of 1 3/12/2007 2:21 PM Anthony J. Cataliotti 100 Wind Tide Lane Havelock, NC 28532 February 22, 2007 Gentlemen, Attached hereto is my request to modify my existing dock to add another mooring piling, a floating ride on dock for my Wave Ramer and a concrete ramp, similar to the dock's existing construction material. Also included is the form necessary for your approval/notification- Please review the drawing and return the form as soon as possible, as I would like to get this accomplished quickly. I need the additional mooring piling as I have decided not to have a boat lift. The piling will be in line with the other two existing pilings and well within my property lines. The floating dock .will be within the boundaries of the existing concrete dock, and the ramp will be used to facilitate entering and exiting the dock. The existing dock is too high to easily make the transition for older or infirm guests. Thank -you in advance for your prompt acquiesce to my request Sincerely, 2 Attachments a. LAMA Form b. Drawing of modification ADJA.CEN7 RIPARIAN PROPERTY 0117s"ER. STATEMENT I hereby certify that I own property adjacent to j.CJJ1 0 7L 's (1`ame of Property Owner) propert} located at L o o B r (Lot, Mock, Road, etc.) on �.//cLi e z% ' k , in �h r,��� , I.C. (Waterbody) (Town and/or County) He has described to me as s1m-n below, the development he is proposing at that location, and, I have no objec4ions to his.proposal. DESCRIPTION ,ANTWOR DRAZ UNG OF PROPOSED DE TLOPAIEh'T (% be filltd in by individual proposing dtrd meal) c�A Signature - Print or Tyre N12me Telephone Number Date: . —29- Anthony J. Cataliotti 100 Wind Tide Lane Havelock, NC 28532 February 22, 2007 IVIOrQ110ad1 city DOM Gentlemen, Attached hereto is my request to modify my existing dock to add another mooring piling, a floating ride on dock for my Wave Runner and a concrete ramp, similar to the docks existing construction material. Also included is the form necessary for your approval/notification. Please review the drawing and return the form as soon as possible, as I would like to get this accomplished quickly. I need the additional mooring piling as I have decided not to have a boat lift. The piling will be in line with the other two existing pilings and well within my property lines. The floating dock will be within the boundaries of the existing concrete dock, and the ramp will be used to facilitate entering and exiting the dock. The existing dock is too high to easily make the transition for older or infirm guests. Thank -you in advance for your prompt acquiesce to my request_ Sincerely, Anthony J. Cataliotti 2 Attachments a. CAMA Form b. Drawing of modification ADJACENT RIPARIAN PROPERTY 01VIXTER STATEMENT I hereby certify that I own property adjacent to J, cc 0' 2 Ali' -3 (:Fame of Property Owner) prqpeiV'1oM'W at Lu Z41_-Z' (Lot, Mock, Road, etc.) onZ_yZ4 4in- CA*_�X,_a_.,,,, (VY2terbody) (Town and/or County) He has described to me as shown below, the developnient JlCiS PfOPOSin.0, 2t that location, and, J have no objections to his.proposal. DMIUMONAN TWOR DRAMING OF PROPOSED DEITLOPMENIT (To be flUed In by individual proposing deve*menl) 4_4 A .5( 1— 'i t" JVj()r0hoad City QCM Signature Print Or T)?C N2M6 e�2 Telepthonie Number Date: 7 -29- 0 'o 10, E 11 U7 N Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desired. IIIII Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the matilpiece, or on the !V-1 spare permits. 1. Article Address to: s' o s' A. Signature 0 Agent X E] Addressee B. Received ly (Printed tarnreTC. D to f Delivery D. �s delivery address different from item 1? 0 Yes If YES, enter delivery address below: 11 No 3. Se "cefiType Oe,fied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O-D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Ara 7006 2150 0003 5758 2717 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 F U.S. Postal ServiceT'.', CERTIFIED MAIL,, RECEIPT 1 (Domestic Mail Only; No Insurance Coverage Provided) ru r— M77.71 ru ':0 Ln 17� Postage $ Ln Certified Fee M Postmark O Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee r-3 (Endorsement Required) L-17) r-9 Total Postage & Fees rij Sent To 1:3 C3 -STrWjF,AFt.W .......... ------------------------ —C) :� ------------- ----- ---- P'/ 17�- or PO Box No. I ---------------------- ................ -- -------------- ------------------------------- City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructions 1 L (Domestic Mail Only; No Insurance Coverage Provided) 1ti For delivery information visit our website at www.usps.com�, ru Fd— Ln $ 17� Postage Ln Certified Fee M Postmark IZ3 EZI Return Receipt Fee (Endorsement Required) Here C3 Restricted Delivery Fee C3 (Endorsement Required) Ln r-9 Total Postage & Fees -. $ C-4 4111 ru -0 Sent To • ----------- or PO Box No. 2 ------- ------- P ------------------------- - --- ----- --- City, State, ZIP+ PS Form 3800, August 2W6 See Reverse for Instructiolva.- PAQroahowl pity I 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIA... Subject: 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT] From: "Wiler, Neal" <NWiler@iasair.com> Date: Mon, 30 Apr 2007 18:26:52 -0600 To: <jonathan.howell@ncmail.net> CC: "Wray Simpson" <manatsea@insight.rr.com>, "BMERCER" <BMERCER@ec.rr.com>, "Tony Cataliotti" <t.cataliotti@earthlink.net> JONATHAN; I've had a chance to review Mr. Cataliotti's additional information regarding his proposed "ramp" to be connected to his existing dock. As it is just a substitute for stairs that were never installed, and is a simple lineal extension of the existing dock's structure on to the shore, I don't see any problem with his proposal. As a result, I hereby remove my objection to his proposed construction in Mitchell Creek, as outlined in his various attachments to this e-mail. Please contact me if you have any questions regarding my comments. Thanks. Regards, Neal Wiler From: Tony Cataliotti[mailto:t.cataliotti@earthlink.net] Sent: Wednesday, April 11, 2007 3:58 AM To: Wiler, Neal Cc: J Howell Subject: Fw: [Fwd: 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT] Mr. Howell has been kind enough to send me the question you had. Evidentally, the MHPOA has an incorrect e-mail address for you, as my repeated requests to address the issues have been unanswered. I believe the connoctation of a ramp may be misleading. It is NOT a "RAMP" per se. When I had the dock constructed, I had intended to have two or three steps on to it. After having the dock for about two years without the steps, and just an appox two foot step up, it became apparent to me that this was not only inconvenient but uncomfortable when trying to carry items to the dock. The ramp dipicted on the drawing will be an extension of the dock from appox ground level to the existing level of the dock It will not be a ramp to launch boats or any thing like that. It will be in lieu of the steps I had originally envisioned. I hope this clarifies your issues and you will inform Mr. Howell that your objections are removed. If you need any further clarifications, please contact me via e-mail so we can move forwrd with this project. Thank -you in advance for your prompt reply. -----Forwarded Message ----- From: Jonathan Howell Sent: Apr 9, 2007 8:53 AM To: Tony Cataliotti Subject: [Fwd: 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT] ------- Original Message -------- Subject: 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT Date:Mon, 12 Mar 2007 12:18:03 -0600 From:Wiler, Neal <NWiler@iasair.corn> To:<ionathan.howell @ncmail.net> CC:<manatsea@ insight.rr.com> 1 of 2 511f2007 5:02 PM 100 WIND TIDE LANE -HAVELOCK, NC ADJACENT RIPARIA... JONATHAN: Per our discussion this morning, attached are the documents that I've received from Anthony Cataliotti of the above address in the Mitchell Harbour subdivision, regarding his proposed construction in Mitchell Creek, Craven County. I am entering my objection to this proposed construction for the following reason: the cover letter's description of the proposed concrete ramp and the enclosed drawing's depiction of the ramp's location don't appear consistent to me. I need a further explanation of exactly what Tony is proposing, overall, and where it/they will be installed. [I have copied Ray Simpson on this e-mail as he is owner of an undivided half interest in Lot D, as am I. Lot D in immediately adjacent to Tony's Lot 9.] Any clarification of this request from Tony that you can provide me would be greatly appreciated. Thanks for your help. 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