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 -
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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
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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
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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)
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-------------------------------------
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---- -- ---- ---- - --- --------------
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
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Signature
Print or Type Name`
��';� 2
Telephone Number
P.
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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
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FORZ�
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SIGNED
FORM 3002S
MADE IN U.S.A.