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HomeMy WebLinkAbout28937_WALKER, LARRY AND ORIENTAL CUP REGATTA AND BOAT SHOW_20010910ltl� CAMA and DREDGE AND FILL r-, G E N E R A L`- PERM IT 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 15 NCAC Applicant Name Address City Project Location (County, State Road, Water Body, etc.) Type of Project Activity PROJECT DESCRIPTION SKETCH Pier (dock) Length F!'4F4 Groin Length number Bulkhead Length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other State 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, imprisonment 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 of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. t.: Phone Number zip (SCALE: Cj - L I. applicant's signature permit officer's signature 2- issuing date expiration date attachments application fee Slip Assignments Oriental Marina Docks & Temporary Floating Docks 2001 Oriental Cup Regatta & Boat Show M1* M2* M3* M4 M5 M6** M7 M8 M9** M10** M11** M12** 13' 12' ; 10' 13' ; 12' 15' ; 15' 13' ; 18' 20' ; 16' 15' 0" I 9" ; 7" I 3" 1 3" 2" ; 5" 8" 1 4" 91, ; 7" X X X X , X X , x x X x x X 44' 30' 30' ; 30' 30' ; 30' 30' ; 30' 30' ; 44' 44' ; 44' i F 13 F F 14 15 F 16 F F 17 18 F F 19 20 F F 21 22 F F 23 24 day, �QCC-00r C �. Notes: Slips are not drawn exactly to scale Floating Slips (F 13 — F24) are 13' x 34' and are all above average depth Marina Slips (M 1 — M 12) vary in depth: * Below Average Depth ** Above Average Depth L ft rr l U0ft, 1 ,x- Doc: slipplan LARRY WALKER NCDL# 20036913 981 DBA WORLD WIDE ENTERPRISES P.O.BOX 917 252-249-0957 ORIENTAL, NC 28571 Date-j ! /y zD' 66-30/531 Pay to the 472 � C n n Order of _ (j /� $ 61-6 OI Dollars oHRST CITIZENSa72 aAN K Fl"t-Citizons Bank 8 Trust Company Oriantal. N.C. 28571 For_ C4 1y"mli I:O531003001:00471201103711, Oro ocr„.xon.„..I,„„ GUARDIANOSAFETY BLUE TSBL MEMORANDUM To: Tracy Wheeler CAMA From: Oriental Marina Hodges Street and South Avenue Oriental, North Carolina 28571 Date: September 6, 2001 Subj: Floating Docks Please be advised that the Oriental Marina supports the efforts of Larry Walker and the Committee of the Oriental Cup Regatta and Boat Show with respect to floating docks in the Oriental Harbor adjacent to our marina slips. The docks will be used for the boat show. The Oriental Marina is also a sponsor and a participant of the boat show. Thanks for your consideration. Sincerely e eth R. Eliot Manager — Oriental Marina MEMORANDUM To: Tracy Wheeler CAMA From: Chris Fulcher Point Pride Seafood Oriental Harbor Oriental, North Carolina 28571 Date: September 8, 2001 Subj : Floating Docks Please be advised that I support the efforts of Larry Walker and the Committee of the Oriental Cup Regatta and Boat Show concerning the wooden floating docks that they are refurbishing. The docks are being refurbished for use at the Oriental Marina during the Oriental Cup Regatta and Boat Show. I am the owner of the property adjacent to the Oriental Marina and have no objection to the docks being used in the Oriental Harbor for that purpose. Sincerely, 11/74ulc-t Point Pride Seafood MEMORANDUM To: Tracy Wheeler CAMA From: Sally Midyette 1204 Neuse Drive Oriental, North Carolina 28571 Date: September 8, 2001 Subj: Floating Docks Please be advised that prior to Larry Walker anchoring his wooden floating docks offshore of my property on Whittaker Creek, he visited me and asked for permission. The docks are being refurbished for use in the Oriental Harbor during the Oriental Cup Regatta and Boat Show. I have no objection to the docks being where they are. Sincerely, Mr. Larry Walker Page 2 April 18, 2002 Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not hesitate to contact me at my Morehead City office, telephone number (252) 808-2808. Sincerely, M . Ted Tyndall District Manager Enclosures cc: Charles S. Jones - Assistant Director, DCM Scott Jones - Compliance Officer, DCM Tracey Wheeler - Field Representative, DCM Kim A47LA_ , WDENK North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary April 18, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry Walker P.O. Box 917 Oriental, NC 28571 RE: CAMA Violation #02-12C wi &/ : Dear Mr. Gay: This letter is in reference to the Notice of Violation sent to you on April 8, 2002 for the unauthorized development adjacent to your property located at 1204 Neuse Dr. off NC 55 on Whittaker Creek, in Oriental, Pamlico County, North Carolina. The violation involved non- compliance with permit conditions as well as the placement of additional dockage at the aforementioned site. The development took place in the Estuarine Waters and Public Trust Areas of Whittaker Creek. Estuarine Waters and Public Trust Areas are both Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission. There was not additional restoration requested by the North Carolina Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resource Commission rules, a civil penalty in the amount of $ 350.00 is appropriate for this violation. In order to expeditiously resolve the matter, you may accept responsibility for the violation, waive your right to an administrative hearing, and pay the amount proposed above. I am enclosing two copies of a "Waiver of Right to Administrative Hearing and Agreement to Pay Civil Assessment". If you understand the proposed assessment and wish to pay, you should: 1) sign one of the attached waivers; 2) include a check or money order for $350.00 made payable to the North Carolina Department of Environment and Natural resources; and 3) return the signed waiver and payment to this office in the enclosed, self- addressed envelope within ten (10) days of receipt of this letter. Once your check is credited to the Department's account you will be notified of your compliance and the closure of this enforcement action. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper 02-12C WAIVER OF RIGHT TO ADMINISTRATIVE HEARING AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq., committed adjacent to my property on Whittaker Creek, in Oriental, Pamlico County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 15OB-23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated April 8, 2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the Superior Court of North Carolina. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 02-12C WAIVER OF RIGHT TO ADMINISTRATIVE HEARING AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq., committed adjacent to my property on Whittaker Creek, in Oriental, Pamlico County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated April 8, 2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the Superior Court of North Carolina. DATE SIGNATURE ADDRESS TELEPHONE NUMBER ,AA, fLII� ANA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr Secretary CERTIFIED MAIL 8 April 2002 RETURN RECEIPT REQUESTED Mr. Larry Walker P.O. Box 917 Oriental, NC 28571 Re: NOTICE OF VIOLATION AND REQUEST TO CEASE AND DESIST UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 02-12C Dear Mr. Walker; This letter confirms that on 14 March 2002 I was onsite 1204 Neuse Dr. located off NC Highway 55 on Whittaker Creek in Oriental, Pamlico County, North Carolina. The purpose of this visit was to investigate the unauthorized placement of a floating dock structure adjacent to the shoreline. On 10 September 2001 State Permit No. 28937-C was issued to you for the temporary placement of a 187' by 6'section of floating dock with twelve finger piers in Whittaker Creek in Pamlico County, North Carolina. This permit was issued for a CAMA Major Development in an Area of Environmental Concern. This permit which expired on 10 March 2002 only authorized the above -mentioned structure which was to be removed by 10 March 2002. For the following reasons, it is my opinion that you are in violation of the above terms and conditions(s) of your permit: The structure was in place adjacent to the property at 1204 Neuse Dr. on 14 March 2002, after permit expiration and beyond removal date. In addition, another section of floating dock measuring 157' by 6, which was not authorized, was located in j the water at this property as well. These activities took place in the Estuarine and Public Trust Waters of Whittaker Creek. Estuarine and Public Trust Waters are designated Areas of Environmental Concern (AECs). Therefore, I conclude that you have undertaken unauthorized major development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (herein abbreviated N.C.G.S.) 113A-118. 151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post consumer Paper � ¢ 4 I Larry Walker Page 2 8 April 2002 I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.A.C.I 13A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon my site visit on 28 March 2002, I have determined that the aforementioned structures have been removed from the Areas of Environmental Concern. Therefore, no further restoration will be required by this Division. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Pending an enforcement report to be submitted, and you will be notified as to the amount of a civil assessment for undertaking development in violation of your issued permit. Sincerely, Tracey L. Wheeler Coastal Management Representative Division of Coastal Management Morehead City Office Cc: M. Ted Tyndall - District Manager, Morehead City Office, DCM Charles Jones - Assistant Director, DCM Scott Jones - Compliance Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office Deborah Sawyer - Division of Water Quality, Washington Regional Office ' Y Case #: O -1,D C DCM ENFORCEMENT REPORT (Use for Waivers) Permit #: 6F--dgg3q C Consultant: W6�je�— Name: Lav-r\, kj3aA—er Address: 91-� City: State: t,V Zip: Phone #: 05,)) �9 -J/,� cDrk e A c A L,,erte( - County: am� ck. N, Nearest Water Body: kC -L r 0k- State Plane X: Z , 693, boo til LPO: Locality:.►Jo-1 P��. (l,�,e,.�l��I o t 55 State Plane Y: 4?-44 zoc, Vio Descp: 15 KF 1 oq ;)jr-r n l��Q"TIC�v� O� ((YL3 NOV Sent: / / Violation: Major: ✓ Minor: Perm Cond: ✓ CAMA: ✓ D&F: Restore: R, Requested: / / Completed: (Yea/No) (Mo) (Day) (Yr) (Mo) (Day) (Yr) Estuary: Pub Trst: ✓ Shoreline: Ocean Hz: Other: Pri Nurs: ORW: Wetlands: tic (Yes/No) SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MT: TYPE (AEC) EXCAVATE (Sq. Ft.) FILLED (Sq. Ft) RESTORE (Sq. Ft.) OTHER (Sq. Ft.) ff vJ skocucA &e4 ******* ASSESSMENT & DISPOSITION ******* Recommended Assmt: $_35cc References: 7J. 040 0(0 Criteria: l JZjq 19R Report Rcvd: / / Assessed: $ ,b To AG: / / To Violator: _r /I /u- Payment Received: $ On: # Of Violators: Total Assessment: $ REVISED: 12/92 (zc45 QA' 0 ^ �-- T Case Closed: Total Received: $ 03/03/2002 17:15 2522492562 MARINE MECH & ELECT PAGE 02 Ammat Marine Mechanical & Electrical Repair Co., Post office Box 562 309 Midyette Street Oriental, North Carolina 28571 (252) 249-2925 • Fax (252) 249-2562 Ms. Tracy Wheeler C.A.M.A. Morehead City Office Fax 252-247-3303 Phone 252-808-2808 Re; Temporary Dock permits Dear Ms. Wheeler, please accept this letter es my -off ezal =quest for -a ternpwarY tloek permit -at any property located at 311 Midyette Street in Oriental. The two -dock units 9W 1 wish to temporwily place at my site belong to Mr. Larry Walker of Oriental who holds the current temporary storage permit for this docks which are located in Whittaker Creek at the present time The dimensions of these docks when they are stored at my site will be, Dock unit # 1 —156 feet long & 8 feet wide. Dock unit #2 - 156 feet long & 8 feet wide with 11 - 34 foot X 2 1/2 foot fingers for a total "width" of 42 feet. (See drawing enclosed) s we dismissed -on the phone, my business is mainly that of -a repair faculty -and we are in the middle of our redevelopment project (cama major permit # 10-02). The use of these docks during the next year, as we complete our upland redev vent -and fabricate -ourown new Ro=gJock system, will help: alleviate a pressing problem for us, Where to tie up customers boats for repairs during the next boating season. It will also provide additional benefit to the owner Mr. Larry Walker, while he awaits approval of his permit application to place dock unit # 2 permanently at one of his properties and to finish selling segments of dock unit #1 to various customers in the local area. 03/03/2002 17:15 2522492562 MARINE MECH & ELECT PAGE 03 .Ama,w MarWe Meclsv&9 & Electrical Repair Go. Post Office Box 562 309 Midyette Street Oriental, North Carolina 28571 (252) 249-2925 • Fax (252) 249-2562 As -youem see firo m my eonSfirt�e Wn drawings m germ it �# 1- 2 the "fnot print" of my approved docking system would be 157 feet long by 66 feet wide overall. The "foot print�' ,of dock units # 1 &2 during storage old be 15.6 feet long by 50 feet wide overall. There as my -approved decking -system would be secured by wooden pilings, these temporary docks would be secured with an anchoring system and shore attachments. I will weed -a pernxit that would cover nine months to a year's tune, or a permit that could be renewed up to a year's time total. If I have -omitted -any mfonnation you .need for this request, please contact me at once and I'll ensure that you receive it quickly. I am going to fax you a copy of this request and drawings and then, mail you a hard copy for your files. Thank you for your time in this matter, Gregory Bohmert 7 CD ...... m Ca ~ dx�a(nrc Lrhv cn 40 cri 44 LO Ln it cp LB UAr'. PO4(kpr,� ` . ham Z QO ka by t'*" r 1PM Pe 4- 3 . s l rH m --TKP t�ftwo- m - Sena r-ri J- r Ui LFG,ENp : � ��, •� e sa!�fit :n :�K t ffY!f. 1 aF� air a0R*fA4 WATER, ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: ---------- -- -- -----Ao -------- 3ECTION ON DELIVERY Wia A. Received by (P ease Prinf Clearly) B. Date of Delivery C. Signature X ❑ Agent ❑ Addressee D. Is delive dress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type s ied Mail ❑ Express Mail ❑ Registered-^$R>'ttT n Receipt for Merchandise ' ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7001 1140 0002 4963 0626 (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No, G-10 0 Sender: Please print your name, address, and ZIP+4 in this box • NC DIVISION OF COASTAL MANAGEMENT HESTRON PLAZA II, 151-B, HVVY. 24 ?2 cL f MO�REHEAD CITY, NC 28557 Q ��� �, (919 ) 8 08 2808 � �o_T 11t±1!{!t{{1t�±1{!�!sfittf�ttitEFl±Iff±±�l�tt!!l�l�±iS±1t±{{�i� ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: A. Receiltby (Pl*se Print Clearly) C. Signature ❑ Agent X ❑ Addressee j D. Is deliv ry dress different from item 1? El Yes If YES, ter delivery address below: ❑ No APR 2 2 2Q02 3. Service Type .-f7—Certified Mail ❑ Express Mail ❑ Registered Fiefurn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 0 01 1140 0002 4963 0602 PS Form 381 1, March 2001 Domestic Return Receipt 102595-01-M-1424 j i UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DIVISION OF COASTAL MANAGEMENT HESTRON PLAZA li; 151-B, H`.VY. 24 MOREHEAD CITY, NC 28557 (919) 808-2808 '�? � It:1l�IFl�{tl{�{tit4l�ilililltllil�lFt4llflf lliil�IFFiIIFflii� L�S. Postal Service CERTIFIED MAIL RECEIPT �YDomestic Mail only; No insurance Coverage Provided) rU tag Certified Fee Return Receipt Fee Postmark rU (Endorsement Required) Here Restricted D 'i"' Fee Total POstage&Faeesq Sent To Street, Apt, No-; Liz— rq or PO 21BIOX No- nj Return Receipt Fee Postmark -