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HomeMy WebLinkAbout41849_JORDAN, NEAL & TERRY_20050726 (2)jiFE' GE & FILL N: A 41849 RAL PERMIT Previous permit # Modification []Complete Reissue []Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources ff�� and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 1 o 14 fl li i oo i �V-J f I [mules attached. Applicant Name 1�P �,i'� ,.j rzb t% Project Location: County Na, f__u k Address Street Address/ State Road/ Lot #(s) i D l qn City State ,�Q`� ; 64 SS Phone # ( 33 0 — Fax #� �i �_�] — i t'i� Subdivision r Authorized Agent City ZIP " Affected [I CW XgW XPTA ❑ ES )iziPTS Phone # (v5-.-k-333-)QqJ River Basin AEC(s): EJ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body El PWS: ❑ FC: •� � nat man unkn ,1 ORW: yes /(g)PNA yes / no Crit. Hab, yes / no Closest Maj. Wtr. Body L3 0'i'� A Type of Project/ Activity NLVJ (Scale: S ) Pier (dock) -length —� Platform(s) j � ' X � Z �! j _ � 6'J Y, Finger pier(s) Groin length _ p number �w ip r✓� Bulkhead/ length 6 QI ,� ;) �'� {� avg distance offshore 't max distance offshore_C-7� Basin, channel _ cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing «' Other ,\ 1p�•- �� _xlp Shoreline Length SAV: not sure yes o Sandbags: not sure yes no Moratorium: n/ yes no Photos: &y no Waiver Attached: QD no A building permit may be required by: Notes/ Special Conditions N to- '1 76 r if A"\ Agent or Applicant Printed Name Sig ature Ple e r pliance statement on back of permit" rC Application Fee(s) Check # - ear rf 7 � l7 �liv : •-�� ^ t ,N V'J rJ .JUr 4 �?o�tr� t See note on back regarding River Basin rules. Permit Offic`er's'Stnat e / ' - - _ Zir a Issuingi!Date Expira ion Date {yf�bLdTeL j�L \.J"V�o Local Planningjurisdiction Rder File Name o N /F ` K.A. BATEMAN D.H. 353 PG. 338 C11 0 7 C12 i^ ..__ _ N¢8*04'25Y 65 9 C16 37,1p- C15 Lot 6 65,710 id. t Lot 8 34.290 &T; t i SHED �•�� iVs4 Ip� /� g�i n b at ; Lot 7 ,00 1 �. �s• 'v ks 3.n.e 2 .- s. P ASQU OTANK RI VEf • J _ S52 ,31'�3"tip, 3 e 43. 0�.�, ,I- , - . 1*10 En LYNDA WLLIAMS c.AROL A DUNES & G.E. D_H. 331, PG. 86 508 L MAM ST' �rzAeCT►+ crTr, N.C. 252-331— 2ti.i 2. AREAS CALCULATED BY COORDINATI 3.� TOTAL ACREAGE OF PARCE' 11_53 4-TOTAL WOW OF LOTS CREATED: 5, ApEA OF THE SYAL.tEST LOT. 30,0( � /F 6. ADAGE LOT �: 41.462 'M ot li A7,i��� F4CDENR 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 July 26, 2005 Lynda Williams 76 Small Dr. Elizabeth City, NC 27909 Re: Objection to the Issuance of CAMA General Permit No.A41849 and minor permit applied for - A Pier development with elevated walkway to a gazebo at 106 Eyrie Lane, Pasquotank County. Dear Mrs. Williams: This letter is in response to your objection as an adjacent riparian property owner to a permit request from Neal and Terry Jordan, for the construction of a pier structure to a gazebo at 106 Eyrie Lane in Newbegun Land Subdivision, Pasquotank County. Kimberly Hedrick, of the Division of Coastal Management staff, was recently on site to evaluate the permit applicant's request. The permit applicant has requested a permit to construct a pier structure to a gazebo. The gazebo will be 16-ft. long by 16-ft. wide with a 51-ft long by 6-ft. wide elevated, wooden walkway to a pier that will be 86-ft. long by 6-ft. wide with a 14-ft. long by 12-ft. wide platform at the waterward end of the pier. The structure will extend 100 ft. waterward of normal water line (NWL). Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for General Permits and Minor Permits for this type of development that are found in 15A NCAC 07H .1200 for piers, and 15A NCAC 07H.0209(d)(2) and (4) for the gazebo, respectively. You have notified the Division of Coastal Management of your objection to this proposed development by checking off having objections in the riparian notification form and a phone conversation with Kimberly Hedrick on July 26, 2005, regarding a discrepancy in the property line from a 1950's deed book. Kimberly Hedrick has reviewed your objection, along with all aspects of this development proposal for consistency with the aforementioned Rules, which describe the CRC's standards and guidelines for this type of development. Our review of the proposed development, supported by a 2002 deed provided by the Jordan's, has found it to be consistent with these Rules. The above referenced Subchapter allows for structures, as described above, to be built over the waters of Pasquotank River, provided that the permit applicant meets and complies with all of the application prerequisite conditions. This includes the construction of a pier structure with a platform and elevated walkway, provided that they comply with the specific conditions of Subchapter 07H.1200. These rules specifically allow for a 6-ft. wide pier and elevated walkway, a total of 172 square ft. of platform, and no more than 30% impervious surface coverage from the gazebo within the 75-ft. Area of Environmental Concern (AEC). The proposed pier platform will be 168 square ft. and the proposed gazebo will be 0.08% impervious 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet. www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight Mrs. Williams 7/26/2005 Page 2 coverage in the 75-ft. AEC. This rule also allows for piers to be constructed up to 200-ft. in length, so long as they do not interfere with a known navigation channel, extend beyond one- fourth of the water body width, or extend beyond the established pier length along the same shoreline for similar use. The proposed pier structure will extend 100ft. in length into Pasquotank River. This length will not extend beyond one-fourth of the water body width, and will not extend beyond the existing pier structure to the north along the same shoreline. The pier structure will also exceed the 15-ft. setback requirement by being set back 16 feet from your property line. The property line used to issue this permit was taken from the Mr. and Mrs. Neal V. Jordan Plat dated December 19, 2002, by McKim and Creed Surveyors. We recognize your claim of the property line from a 1950's deed book; however, we are permitting according to the most recent documentation provided by Mr. Jordan. You have the right to challenge the property line discrepancy through the court system. After having given careful consideration to your objection to this proposed development, we have determined that it is consistent with the Rules of the CRC and the State's Coastal Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of Coastal Management issued General Permit No. 41849-A on July 26, 2005 (copy attached) for the proposed development, and the minor permit has been applied for. If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form with the Director of the Division of Coastal Management within 20 days of the permit issuance date. If you choose to pursue an appeal, please contact this office so that we can provide you with the appropriate forms and addresses. If you have any further questions regarding this matter, please do not hesitate to contact Kimberly Hedrick, or me, at this office. Sincerely, Ted Sampson District Manager Northeast District TSlyc cc: Kimberly Hedrick, Division of Coastal Management, Elizabeth City, NC Tel* -Tyndall, Director, Division of Coastal Management, Morehead City, NC Neal Jordan, 106 Eyrie Lane, Elizabeth City, NC 27909 DIVISION OF COASTAL MANAGEMENT An.1ACRNT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED P Name of Individual applying for Permit: Address of Property:w-- or Street #, Street or R I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. Y1.4/ I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call (252) 264-3901 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. n J I do not wish to waive the 15' setback requirement. Ad'acent Riparian Signatur�/Date / L^vh c a 1, /V � !i A Print or. Type Name Address Telephone Number TS.V�iLli�t�Lj vlG�0 ��/�J✓�t LGVI//"�/'LJSAfi)n oVN 01 �. � ,►tea 134' 'J� �G� W11�1cm i L e �