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HomeMy WebLinkAbout27055_JONES, KEN_20001109Applicant Name Address City CAMA and DREDGE AND FILL G E N E RA L PERMIT as authorized by the State of North Carolina r a r a 27055 - fr�,�1aN�� G� Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC G.10. liyol, ii'A), 4 1'� State Phone Number I gaC G r ' `t zip 2-7- 5:�i Project Location (County, State Road, Water Body, etc.) a . a.3 F 'f�2 7v'+a M��«" Gfb+vf.�GtF Jc[/rrll_ Type of Project Activity �' ►w,: le, kr aAI?' !zx �l' c�xPh 1 ,ham,) ; • r` PY A M . l � 1 1A/4 ana auacnea general ana speQnc conuI UUn5. /1ny VIVId11UII UI UleSe lef 1115 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. ,'i---T-rj, issuing date applicant's signature permit officer's signature expiration date attachments In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. application fee SAMMIE EARL TURNER CONSTRUCTION ACCOUNT 1751 P.O. BOX 369 252-247-Mo MOREHEAD CITY, INC 28557-0369 ��ll -(o 66-112/531 02301 49 BIB&T Ut(.(LNonr,e.n BRANCH BANKING AND TRUST COMPANY ^ MOREHEAD CI NORTH CAROLINA �l llnm hale-�K t GPI o,�r� GP a7as5 J;y,,.,(,.r� r��� I:053h3A2P:52105840660• L75i ADJACENT R.II'ARIAN PROPERTY OWNER STATEMENT ` (FOR A PIER/UNCOVERED BOAT LIFT) I hereby certify that I own property adjacent to i5 's (Na-me of Property Owner) rort / located at T �( h� (Lot, Block, Road, etc.) on M L__, in _ i C C �' N.C. aterbodv) (Town andlor County) He has described to me, as shown below, the development he is proposing at that Iecation, and, I ha,.,-- no obje-tions to his proposal. I understand that a pier/uncovered boat lift must be set back a minimum distance of fifteen feet (15') from my area of riparian ac;�ss unless waived by me. . I do not wish to waive the setback requirement. 3 2000 I do wish to waive that setback -,,!q rcment. DESCR=Oiv A-N-D/OR•DRAw-riG OF PROPOSED DFVELOP),MNT: (To be �J�by individual proposing development) fx�oUl✓ -A c , sTrt 04 � ``II t � �!" L ------------------------------------- �" -� �.�1SflN ---- -- ---- ---- - --- -------------- Signature Print or Tye Name Telephone Number Date: %--� �� ADJACF,IT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/UNCOVERED BOAT LIFT) I hereby certify that I own property zcijacent to KQ-X_-A _ Y 11p I (`lame of Propertv Owner) Pro r� located at T Pe -- - - --- (� (Lot, Block, Road, etc.) (� on cw -�- in Pa-1 N.C. (Waterbodv) (Torn 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/uncovered boat lift must be set back a minimum distant- of fifteen fe-t (115') from my area of riparian acctss unless waived by me. I do not wish to waive the setback requirement. I do wish to waive that setback requirement. ----------------------------------------------------------- --------- ------ ------------------------------------------ DESCRLPTION .kN-D/OR DRAW1Pi(r OF PROPOSED DEi ELOPNM-N-T: Doe( V e(Tef'U?7(d G by individual proposing Ce lap��nt) �(1(l l? L) L �T pU C c L--LFI <-------------------------------------- - - ---------- ----------------------------------------=------- • na —"V Signature Print or Type Name` ��';� 2 Telephone Number P. T"-,e- - ( - e ib C) - 6w 0. 6��� Ken Jones P.O. Box 2280 Smithfield, NC 27577 CERTIFIED MAIL RETURN RECEIPT REQUESTED January 3, 2001 Dear Mr. Jones, I am writing in regard to the General Permit issued in your name signed by your agent/contractor, Robbie Webb. This permit, #27055-C was issued on 11/09/00, for the removal of concrete slabs, maintenance dredging, bulkhead construction, and the relocation of a double jet ski lift within an artificially created basin. The issuance of a General Permit is predicated on the assumption of ownership of the waterfront property by the applicant, which affords him "riparian rights", or that the applicant is acting as the authorized agent of the riparian property owner. The Attorney General's office has advised our division that riparian property rights are afforded to the property owner and cannot be transferred. Recent information has come to light that indicates that you are not the riparian property owner, and were not acting on behalf of the riparian property owner. We have discussed this matter twice since this information has been brought to my attention and I have had similar discussions with your contractor. You have admitted that you have no title to the property in question, but rather, easement rights. Therefore, you are not afforded the right to initiate development into the public trust and estuarine shoreline area adjacent to the property. The General Permit was issued to you based on your property lines intersecting the bulkhead, as represented on the submitted plat. As stated on the face of the permit, any violation of the "application, site drawing and attached general and specific conditions.... may cause the permit to be null and void." The misrepresentation of the property lines and ownership in this case negates the validity of this permit. As such, State Permit #27055-C is hereby considered NULL and VOID, and any development accomplished under the permit is not legal. Whether the aforementioned development will be allowed to remain will depend upon the property owner and his major permit within the affected basin. If the current owner chooses to request a modification to his permit, #52-93, the request will be considered. If the development is considered to be inconsistent with the appropriate standards of the conditions of his permit, of if he decides not to pursue a modification to the permit, then the new development will have to be removed. If you have any questions, please don't hesitate to call me at 252-808-2808. Sincerely. Brad Shaver Coastal Management Field Representative cc: Ted Tyndall, District Manager IMPORTANT MESSAGE FORZ� DATE ( 1 TI M E M OF PHONE AREA CODE NUMBER EXTENSION ❑ FAX ❑ MOBILE AREA CODE NUMBER TIME TO CALL TELEPHONED /, PLEASE CALL ✓ (I CAME TO SEE YOU T WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION MESSAGE SIGNED FORM 3002S MADE IN U.S.A.