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34570_HINE, JOHN C_20030703
TIT CICAMA / n DREDGE & FILL` GENERAL. PERMIT Pre" ious permit # G� '--I New Modification iComplete Reissue ❑Partial Reissue Date previous permit issued 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 15A NCAC ❑ Rules attached. Applicant Name_ ( , �• ` i yam: , __ Address City k-:) c- _ State_ ZIP_ -( Phone # ('I/`) ..f, . Fax # Authorized Agent ' (,L , (rt } "'A J , { t ; i Affected ❑ CW ❑ EW ❑ P-A ❑ ES ❑ PTS AEC(s): OEA ❑ HHF ❑ IH ❑ USA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Agent or Applicant Printed Name SignaturePlease read compliance statement on back of permit i 0!,__. Application Fee(s) Check # Project Location: County_ Street Address/ State Road/ Lot #(s) " Subdivision 4 City__ t �� �1 ZIP Phone # ( ) River Basin Adj. Wtr. Body (nat /man /unkn) i Closest Maj. Wtr. Body — --�) '- Permit Officer's Signature Issuing Expiration Date Local Planning jurisdiction 'Rov6 File Name �17[:;- _" . ;� :�_�S x� d �' 1 .,�., ... }'_. :i _ ..�ji'Se`,--• . �?"k"r :...: _, ,•3e ,.. Statement of Compliance and Consistency 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 or criminal 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 officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 JOHN C HINE PH. 919-734_9143 P O DRAWER 916 GOLDSBORO, NC 27533 i % A /o BRANCH BABIT WING AN GOLDS OUST COMPANY BORO, NORTH CAROLINA ': O 5 3 10112 5 1'• .21390�,738u� 3957 —4a-169- 66-112/53I 71201 0 0 L 39 AP 31 BADDOUR, PARKER, HINE & ORANDER, PC ATTORNEYS AT LAW PHILIP A. BADDOUR, JR.+ E.B. BORDEN PARKER JOHN C. HINE*+ WILLIAM D. ORANDER, III** GREGORY T. RILEY + CERTIFIED MEDIATOR * BOARD CERTIFIED SPECIALIST, ESTATE PLANNING AND PROBATE ** BOARD CERTIFIED SPECIALIST, REAL PROPERTY LAW: RESIDENTIAL TRANSACTIONS Ms. Terry Barrett Coastal Management Hestom Plaza II 151-B Highway 24 Morehead City, NC 28557 Dear Ms. Barrett: 208 SOUTH WILLIAM STREET MAILING ADDRESS: GOLDSBORO, NORTH CAROLINA 27530 P.O. DRAWER 916 GOLDSBORO, NC 27533-0916 July 7, 2003 (919)735-7275 PHONE (919)736-3297 FAX I understand you have been working with my realtor, Quincy Canady, concerning approval of a new dock at 1315 Marshallberg Road, Marshallberg, North Carolina. I understand that I owe $100.00 for your services, for which I enclose my check. Thank you very much for your assistance in this regard. JCH:bwh Enclosure G:\Wp5I\DATA\BARB\COR\barrett terry letter.wpd AUTO ACCIDENTS • PERSONAL INJURY • BRAIN INJURY • WRONGFUL DEATH • WORKERS' COMPENSATION REAL ESTATE • WILLS, TRUSTS & ESTATES • TAXATION • FAMILY LAW • BUSINESS LAW • CIVIL LITIGATION • PRODUCT LIABILITY Quincy Cannady REALTORO) / Broker E-Mail quincycCc2lnewsomball.com Down East Realty 415 Front Street Beaufort, North Carolina 28516 Home Office (252) 729-5681 Business (252) 728-5274 Cellular (252) 725-1734 Toll Free (800) 849-5795 Fax (252) 728-3221 Each Office Is Independently Owned And Operated Q ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PILINGSIBOA TLIFTIBOA THOUSE) I hereby certify that I own property adjacent to 0-© 4, s J � e o�ro erty Owner Z property located at (� / 16Q ✓- k e ✓ ,�o L (Lot, Block, Road, etc.) on j' e in A IT NC. (Waterbody) (Town and/or ounty) He as described to me, as shown below, the development he is proposing at that location, nd I have no objections to his proposal. I understand that a pier/mooring pilings/boa fi t/boathouse must be set back a minimum distance of fifteen feet (15") from my area arian access unless waived by me. JUN 3 0 2003 I do not wish to waive the setback requirement. I do wish to waive that setback requirement. ----------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) �r�11F1 (0 x ---------------------- u"ivrt v�- vJ Sig atureL Print or Type Name _ 2-5Z ,343 -215W �—j Telephone Number Date: -�i'l2 1$! Zo 0 Water Depths 1347 Marshallberg Rd 6/ 12/03 All depths at mean low water and measured at from the seawall: 0-16% 0" 32'- 6" S6"-8" 80'-9" 96'-12'" 112% 4" —shoal that runs parallel to shore and even with the end of the groins 162'- 12" 192'- 24" JUN 3 0 2003 Proposed pier would be 190'overall which would keep a few feet inside the preexisting pier line with the old county dock to the south and Terry Willis (he shortened his dock after the last hurricane) to the North. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSBOA TLIFTBOA THO USE) I hereby certify that I own property adjacent to alr3 s ?? j ArckZ;r e of Pro a Owner) property located at ' J (� C 77y L d�2 v �` /(Lot, Block, Road, etc,) on �' e c1 u n i in -'T/ ,NC. (Waterbody) (Town and/or ounty) 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/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15") from my area pariah access unless waived by me. I do not wish to waive the setback requirement. JUN 3 p 2003 I do wish to waive that setback requirement. -------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) j � 11ixlf a� 0,rg(GF ! C> k .i / �r � V✓ -------r--__ °'�------------------------------- c�ivrt.v.r Signature s c?t'en �i0.iy1 q� c� c Print or Type Name 2-51.343 -zs Telephone Number Date: -'-) J n e— g Za 0 3 19 ADJA.CEIN'T RIPA RLkiv PROPERTY OWNER STATENEEt'N7 (FOR A PIER/MOORING PILINGSIBOATLIFTIBOATNOCSE) ).#g JUN 3 0 2003 I hereby ce:-diy that I own propeLy adiacent to � is (Fame of Property Omer) prope.-y located at � : 3 od- / M g4 #W')- A�;" I , (Lot: Block, Road, etc.) on (�� , in N.C. (Waterbody) (Town and/or Cq"ty) He has &=LLUe i to me, as sown below, the deve'.00<<ien.: he is propos --.- a: C-:at Iocadon, and, I have no objections to his proposal. I unde.sa-:d �:_: a pier,'noor►rE pi,iinEsiroa:L'ft/'ooad.ouse must be sc: back a minimium distance o Ffteen fe- (:5') from my are: of doa-ian access us:Iess waived by me. I dn not wish to u•alvc the: > > setback requiren-:e:�t. I �Ln wish to wove C`.a: se:bac --------{ � u-oc%fi7lz�tTnz�pzrmtrrtrnatp�epes�r+rg-�usgat) --------------- DESCRIPTION A.ND/OR DRsC . F OP%fx'ti-I': '1 (To be filled i : by irzAvioUb-p 000sur .;4 rzent s Jo �— ` V / ------� r--1�.�° r y-�, ---- �_ ___--__--_----__---_�_=---- a% , SiEnaa-jre Print or T}' e Name 2-6-2— 7 2- 1 Te!e:)hore I\•smbzr 1 PHILIP A. BADDOUR, JR.+ E.B. BORDEN PARKER JOHN C. HINE*+ WILLIAM D. ORANDER, III** GREGORY T. RILEY + CERTIFIED MEDIATOR * BOARD CERTIFIED SPECIALIST, ESTATE PLANNING AND PROBATE ** BOARD CERTIFIED SPECIALIST, REAL PROPERTY LAW: RESIDENTIAL TRANSACTIONS BADDOUR, PARKER, H1NE & ORANDER, PC ATTORNEYS AT L A W Mr. Quincy Canady Century 21 Down East Realty 415 Front Street Beaufort, NC 28516 Dear Quincy: 208 SOUTH WILLIAM STREET GOLDSBORO, NORTH CAROLINA 27530 June 12, 2003 MAILING ADDRESS: P.O. DRAWER 916 GOLDSBORO, NC 27533-0916 (919)735-7275 PHONE (919)736-3297 FAX Enclosed please find four duplicate originals of the Offer to Purchase and Contract, which has been signed and initialed by me and my wife. s� lY, t I Joh C. Hine JCH:bwh Enclosures G:\Wp5l\DATA\BARB\COR\canady quincy letter.wpd AUTO ACCIDENTS • PERSONAL INJURY • BRAIN INJURY • WRONGFUL DEATH • WORKERS' COMPENSATION REAL ESTATE 0 WILLS, TRUSTS cat ESTATES • TAXATION • FAMILY LAW • BUSINESS LAW • CIVIL LITIGATION 0 PRODUCT LIABILITY PHILIP A. BADDOUR, JR.+ E.B. BORDEN PARKER JOHN C. HINE*+ WILLIAM D. ORANDER, III** GREGORY T. RILEY + CERTIFIED MEDIATOR * BOARD CERTIFIED SPECIALIST, ESTATE PLANNING AND PROBATE ** BOARD CERTIFIED SPECIALIST, REAL PROPERTY LAW: RESIDENTIAL TRANSACTIONS BADDOUR, PARKER, HINE & GRANDER, PC ATTORNEYS AT LAW 208 SOUTH WILLIAM STREET GOLDSBORO, NORTH CAROLINA 27530 July 30, 2003 Ms. Tere Barrett Coastal Management Representative Division of Coastal Management, NCDENR 151-B Highway 24, Hestron Plaza II Morehead City, NC 28557 Dear Ms. Barrett: A U G 0 1 2003 MAILING ADDRESS: P.O. DRAWER 916 GOLDSBORO, NC 27533-0916 (919)735-7275 PHONE (919)736-3297 Fax As you may recall, I applied for a permit to put a dock in front of my lot in Marshallberg. The original application was cut down to 125 feet, and I would like to ask for a reconsideration of this based upon additional evidence. In addition, I would like to put a seawall upon my adjoining lot to help prevent any erosion. I am asking that my contractor to prepare some drawings so to be able to apply for a permit for this seawall, which should come to you shortly. As for the dock, I do not believe 125 feet will be satisfactory. That length will basically only get me to a sandbar which is completely out of the water at low tide. If I am reading the regulations correctly, I think I am entitled to a longer dock. My son and I went out to measure the depths of various places at low tide directly in front of my lot. All depths were taken at near low tide, at 3:00 p.m. on July 26. We measured all this with a combination of measuring tape, range finder, depth finder, and measuring stick, cross checking the various instruments and taking all measurements at least twice. We tried to find depths at various locations directly in front of my cottage, as well as trying to find the location and depths of the channel. As you know, the channel leaves the creek where the old Jarrett Bay Boat Works used to be and angles diagonally away from the shoreline into Core Sound. Finding the boundaries of the channel is not the easiest thing in the world to do, but I have absolutely determined that it is nowhere near where I would like to have a dock, and that my requested dock is no impediment to navigation. Directly in front of my cottage, the near side of the channel is 568 feet from my sea wall where it drops to a depth of 10 feet. That is the closest that the channel would come to my lot or proposed dock. The channel continues to have a depth of 10' at 633 feet (which appears to me to be the midpoint of the channel). At 713 feet from my sea wall is the farside of the channel at which point the depth decreases to 7 feet 6 inches deep. The boat traffic seems to confirm that the channel is almost exactly where I calculate the channel to be. AUTO ACCIDENTS • PERSONAL INJURY • BRAIN INJURY • WRONGFUL DEATH • WORKERS' COMPENSATION REAL ESTATE • WILLS, TRUSTS & ESTATES • TAXATION • FAMILY LAW • BUSINESS LAW • CIviL LITIGATION 0 PRODUCT LIABILITY Ms. Tere Barrett 2 July 30, 2003 On the west side of my lot (toward the creek), there is an old county dock for which the pilings are still in place. The end of those pilings is about 230 feet out from the shore. (I did not measure it, but I waded out to the point in front of my lot where it looked in line with the end of the old pilings.) The depths which I measured are as follows: Distance from Seawall Depth of water at low tide 110 feet On the sandbar completely out of the water 135 feet 6 inches 160 feet 1 foot 180 feet I foot 200 feet 1 foot, 8 inches 220 feet 2 feet 240 feet 2 feet, 8 inches 250 feet 2 feet, 6 inches 260 feet 3 feet 265 feet 2 feet 285 feet 3 feet, 6 inches 300 feet 4 feet 310 feet 4 feet, 6 inches 330 feet 5 feet 335 feet 7 feet 355 feet 7 feet, 6 inches 400 feet 8 feet 500 feet 8 feet 568 feet Near side of channel (10 feet) 633 feet Midchannel (10 feet) 713 feet Farside of channel (T 6") I am enclosing with this 'letter a rudi-mentary drawing which help illustrate this. To have a boat lift, I need at least two feet of water. It therefore appears that I need to have a 250 feet dock, with a T on the end. My next door neighbor would like to share the dock, so I would like to have a lift or slip on each side of the "T". This should get me to about 3 feet of water. This is still over 308 feet from the near side of the channel. My neighbors consent to the dock length, and it is less than some other docks along the shoreline. This dock would not impede or impair public navigation at all. I appear to need 260 feet to get me to deeper water. I clearly meet the requirement of deeper water at the rate of one foot per 100 feet increment of pier length. Moreover, the additional length is necessary to span some obstruction to navigation, i.e. the sandbars and the adjoining county pilings. Ms. Tere Barrett July 30, 2003 Accordingly, I would like to accomplish this without having to undergo the expense and time delay for a maj or permit. If I have to go through that cost and inconvenience, I may want to apply for an even longer dock. However, I believe that 250 feet dock plus the T should be satisfactory for my needs. As I stated, according to my reading of the Regulations, I think I am entitled to this. In fairness, I know that you did not have the information about the depths that we now have. Therefore, I would like to request you to reconsider your ruling based upon this new evidence. If you continue to disagree, I would like to appeal, and if unsuccessful, apply for a major permit. I thank you for your prompt attention to this. I very much appreciate the help, consideration, and courtesy you have given me. 9' C JoM C. Hine JCH:bwh G:\Wp51\DATA\BARB\COR\barrett tere letter.wpd L` 1 j I o fo r 3 r J O G°`Jy