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
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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
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■ 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
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■ 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
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CERTIFIED MAIL RECEIPT
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tag
Certified Fee
Return Receipt Fee Postmark
rU (Endorsement Required) Here
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Total POstage&Faeesq
Sent To
Street, Apt, No-; Liz—
rq or PO 21BIOX No-
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Return Receipt Fee
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