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HomeMy WebLinkAbout41385_TARRANT, BILL_20050524LiCAMA / Ci DREDGE & FILL GENERAL PERMIT Previous permit # LJNew Modification C'Complete 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 `J ❑ Rules attached. Applicant Name �{ I �a i'r �`/t�� Project Location: County �! Address a S ��'' " k L' " Street Address/ State Road/ Lot #(s) City �U' c''i� //i3e, f 1 State ZIP Phone #Fax # (_) Subdivision Authorized Agent lc•,y City � '" J N ZIP ` `l CW Dti S•P•TA i9,d ❑ PTS Phone # ( ) River Basin Affected r� OEA ❑ HHF+ ❑ IN d UBA ❑ N/A G C, AEC(s): L� PWS: ❑FC: Adj. Wtr. Body .� dad (nat�man /unkn) 1 Closest Maj. Wtr. Body ORW: yes / no PNA yes / no Crit. Nab. yes / no - -- Type of Project/ Activity (Scale: ) Pier (dock) length Platform(s) Finger pier(s) Groin length number - - — - fi=—f—f-- Bulkhead/ Riprap length avg distance offshore__ — max distance offshore Basin, channel — -- —. T I i cubic yards — Boat ramp _ ? ! )•' L Boathouse/ Boatlift _ ` , • ; r"`� ---------- --- -- -- i -- I Beach Bulldozing 1 Other Shoreline Length SAM not sure yes pnoj rccJ i'S { / v r 6ai�af P s Sandbags: not sure yes f Moratorium: n/a yes Photos: yes Waiver Attached: yes A building permit may be required by: See note on back regarding River Basin rules. Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of permit Application Fee(s) Check# Permit Officer's Signature Issuing Date Expiration Date AA If Local Planning Jurisdiction Rover File Name 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, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: j Tar- Pamlico River Basin Buffer Rules Other: _ 1 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: Fax: 252-264-3723 Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 (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 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSBOATL�IIFTBOA�TJH�OUSE) I hereby certify that I ow�property adjacent to /J • �z / 's V5 (Name of property owner) property located at 4CM!a CAV06Jer,,l CK# (Lot, block, road, etc.) on Re%4J 011e0 4 , in New Bern/ Craven , N.C. (Water body) (Town 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/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by me. 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) Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Fax#: (252) 636-3127 C�- Signature f -7- o� Print or Type Name GIZz 3 � Telephone Number and Dat W. MICHAEL KAPPELER, CPA CERTIFIED PUBLIC ACCOUNTANT / CONSULTANT A Member Of KBCC / Kappeler Buck Certified Public Accountants & Consultants CPA 12 Greenbrier Court, Suite A (609) 605-2750 Cell (856) 768-8436 Office (856) 753-3746 Fax Member of American Institute of CPA's Voorhees, NJ 08043 MKappeler@msn.com Member of PA Institute of CPA's May 12, 2005Zra Mark Hardeman MAY Division of Coastal Management Hestron Plaza 11, 151-B Morehead Hwy. 24 Q tY DCM Moorehead City, NC 28557 RE: Bill Tarrant Permit Application (Parcel ID: 2-017-2 -315) 925 Crooked Creek Drive (Applicant shows address incorrectly as 295 Crooked Creek Rd) New Bern, NC (Craven County) We are the owners of 927 Crooked Creek Drive. Our property is directly adjacent to the applicant's property. The applicant is proposing the construction of a new 70' ft. bulkhead and dock/deck to be constructed within the 15 ft minimum setback from our area of riparian access (their drawing actually shows it on our property line). We object to the applicant's proposed construction of a bulkhead and dock/deck within the 15 ft. minimum setback from our area of riparian access and we request that Vour department deny their request. Instead we re uest that your department enforce the 15 ft. setback requirement. Please consider the following: Pursuant to the application process the applicant has previously requested our waiver by sending us page 3 of the attached application. We immediately called, discussed the issue with the contractor, and responded that same day in writing via certified mail that we did not authorize any such waiver (a copy of our letter to applicant is attached). Applicant has apparently proceeded forward in spite of our clear and immediate objections. 2. There is really no reason that applicant needs to violate our 15 ft setback requirement area other than it benefits them to do so ... at our expense. 3. The applicant has 120 ft. of direct water frontage. Accordingly, the applicant has ample water frontage so that any planned bulkhead/deck/dock construction they may want to do could be easily accomplished without the need for infringement of the 15 ft setback area. 4. Our property has 99 ft on the water and the adjacent property to our right (929 Crooked Creek) has only 56 ft on the water. Any infringement on our left property line shared with applicant negatively impacts our future dockage location and our water access and creates potential water access problems for us and our neighbor at 929 Crooked Creek. 5. Any bulkhead and/or deck construction/improvement by the applicant that were to be built within the required 15 ft. minimum setback area would result in the diminishment of the value to our property in a variety of ways. 0 .14 Our site lines looking to our left should be an unobstructed view of Broad Creek., Instead, our site line would be of applicant's bulkhead material and not of Broad Creek. 7. Our riparian access would be negatively and permanently affected as the structure in question is proposed to be right up to our property line and it would impede water access to our property. 8. The proposed construction by applicant negatively impacts the location of our future dock construction and may create added cost to us to reach deep water as we would now be forced further down our property to erect a future dock. 9. It appears that the only reason that applicant is requesting violating the 15 ft. setback area is to leave themselves more unimpeded water access on their property at the expense of our property's water access. This is simply not fair and not in keeping with the spirit of the 15 ft. setback requirement. Based on the reasons noted above we would anticipate that your department would deny the applicant's request to infringe on our 15 ft setback area. There is simply no basis for deviation from the established 15 ft. setback requirement. Just because one wants to do something (in this case construction that applicant knows we object to within the 15 ft setback area) should not be reason enough to override another property owner's rights. It is our understanding that the15 ft. setback provision is intended for just these types of situations. Instead, we request that you direct applicant to adjust their construction plans to comply with the 15 ft. setback requirement. We appreciate your anticipated assistance in reviewing this matter and in getting in touch with us ASAP regarding your decision. If you have any questions or require any additional information, please contact me. Best W. Mich4l Kappeler, CPA T��� � \ Administr ive Manager — Wa �t vestment Property, LLC MAY E 0 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Morehead City DCM DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for Permit: Bill Tarrent Gz DO Address of Property: 1�Crooked Creek New Bern/Craven (Lot or Street #, Street or Road, City & County) I hereby certify that I own propert-y 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. I have no objections to this proposal. 3 If you have objections to what is being proposed, please write the Division of Coastal Management, Hestron Plaza H,151 B, Hwy. 24, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notirled by Certified Mail: !�1 ft'11(� C '� 4BK WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags 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. �donotsh to waive the 15' setback requirement. Foley & Foley Contractors Print Name p4.t iJ��`C-09-�1� Phone#: (252) 636-2515 Ve.4-')W e71 y, LL. Fax#: (252) 636-3127 Telephone Number With Area Code 15 NCAC 7H .1102 has been proposed to be amended as follows: MAY 2 0 2005 .1102 APPROVAL PROCEDURES (b) The applicant must provide: Morehet§d City DCM M Confirmation that a written statement has been obtained signed by e adjacent riparian property owners indicating that they have no objections to the proposed work, or, Confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. Such notice should instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments and determine. based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the applicant will be notified that he must submit an application for a major development permit. HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. January 1, 1990; December 1, 1987. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PILINVGSBOATLIFTIBOATHOUSE) I hereby certify that I own property adjacent to IJ:" / t Rfuz 's (Name of property owner) property located at G12Qo t z-OS (� 12ffl /C t (� (Lot, block, road, etc.) on E 6n cX C' 4114, , in New Bern/ Craven , N.C. (Water body) (Town 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/mooring pilings/boatlift/boathouse must be set back a minimum distance of fiftee my area of riparian access unless waived by me. I do not wish to waive the setback requirement. 19F MAY 2 0 2005 I do wish to waive that setback requirement. Morehead City D C M DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (to be filled in by individual proposing development) ��L j2 cokz76 13�` (L • k l) � Foley & Foley Contractors, Inc. Phone#: (252) 636-2515 Sign e Fax#: (252) 636-31276 t L Print or Type Name IS� -'i Qk--, - 1�4-,�-� (o Telephone Number and Date e� 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 • �►�e�u, , "C Ira� Ir11.111r11.IIIIIllrrrf�rll�Ifr�ll�ilr�f�r�l�ll��lr�lf�lflrirl ■ Complete items 1, 2, and 3. Also complete A. Sign r item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. ece' ed qy (Pin ■ Attach this card to the back of the mailpiece, or on the front if space permits. Val 1 D. -Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: A No Vt 1Z CD reeAb'%er CN- `�c 1*1� 06-bU3 3. Service Type 09'6ertified Mail ❑ Express Mail GR<egistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 0 0 2. Article Number (Transfer from service label) 3y�, �1, (1�?�Z '� yZA PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; W. MICHAEL KAPPELER, CPA CERTIFIED PUBLIC ACCOUNTANT / CONSULTANT A Member Of KBCC / Kappeler Buck Certified Public Accountants & Consultants 9=0 2 Greenbrier Court, Suite A (609) 605-2750 Cell (856) 768-8436 Office (856) 753-3746 Fax Member of American Institute of CPA's Voorhees. NJ 08043 MKappeler@msn.com Member of PA Institute of CPAs May 9, 2005 PIC) Foley and Foley Contractors, Inc. MAY 2 0 2005 1810 Old Airport Road New Bern, NC 28564 IV10reheac1 City CM RE: WATERFRONT INVESTMENT PROPERTY, LLC — 927 Crooked Creek Drive, New Bern, NC We received the enclosed "Adjacent Riparian Property Owner Statement" which refers to a proposed bulkhead and deck that Bill Tarrant (owner of 925 Crooked Creek Drive) would like to construct/repair/improve within our 15 ft setback area. Normally, we would try to accommodate a neighbor's request providing such request _ had no negative implications to our property. However, as described below, we ,unr'ooge believe the proposed construction negatively affects our property and we are unable to offer any such accommodation. Accordingly, we do not approve such proposed ' work and DO NOT waive our 15 ft. setback rights. r or Prior at atied M Any bulkhead and/or deck construction/improvement within the required 15 ft. minimum setback area could result in potential downside to our property value. Our pp ro iattacdhtr water view site lines could be negatively affected, our riparian access could be -age afee ow negatively affected, our future docking location could be impeded and the overall d Mail n negative impact on our property value could be quite significant. addre ailpjece In addition to our objection for any new structure to be constructed within the 15 ft. )repent Gerti' setback area, there has been reference to an old, dilapidated and totally unusable g an in structure that currently exists within the 15 ft. setback area that is being proposed to n mail be repaired, replaced and/or improved. We object to any new construction, improvement or expansion within the 15 ft. setback area and we do not waive our 15 ft. setback rights. Instead, removal of the old, dilapidated and unusable structure is recommended leaving the 15 ft. setback area free of any structure whatsoever, so our riparian access within the 15 ft setback area is unimpeded as the requirement intends. In the event that the 15 ft. setback requirement were to be violated against our now documented objections we would use all legal options available to us to hold the parties involved in the encroachment to be held financially responsible for all damages suffered by us and such damages could be significant. gB � t r,ep,ar Ig� \ is ael Kappel(rO'C A r Administ tive Manager — Wate nt Investment Property, LLC Postage sn 4l� Certifled Fee 30 Ocl e um Reciepi Fee (Endorsement Required) LO Restricted Delivery Fee 0) (Endorsement Required) L'Il'i Total Postage & Fees $ $4.65 I — Sent To Foley & Foley Construction weer Apr. or PO Box No. 1810 Old Air po rt Road e-,- zfo�v New Bern NC 28564 a a MAPS Page 1 of 1 SEARC' ' MAY 2 OWNER NAME: 2005 LAST NAME: FIRSTNRIbtf.' ehead City DCM (optional): a. . _� ► ADDRESS: REET NUMBER: �„ (optional) .r q2S eP?4�cw STREET NAME:........ Do not enter directional(N E S W) SELECTED PARCEL ID: 2-017-2 -315 May 12, 2005 12:15:40 AM Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. or suffix (St,Ave,Blvd, Hwy,etc. ) PARCEL ID: TOWNSHIP - MAP NUMBER - LOT NUME 0 390 ft GEODETIC SURVEY MONUMENT: http://gismaps2.cravencounty. com/maps/map. asp?cmd=REFRESH&msize=S&tool=ZOO... 5/ 12/2005 INFORMATION Page 1 of 1 PARCEL ID: 2-017-2 -315 Owner: TARRANT, WILLIAM C JR & CATHERINE L Mailing Address: 259 E ROCK CREEK RD NEW BERN NC 28562 Address of Property: 925 CROOKED CREEK DR Property Description: 337 H B DUFFY TR ��� Assessed Acreage: 0.000 Calculated Acreage: 1. Deed Book Page: 1861 0659 Deed Recording Date (m d y): 1111 1 200001 MAY l 0 ZppS Recorded Survey: -- Land Value: sftc head City ®P�/`►M Total Improvement(s) Value: $121,680 Total Value: $199,680 7 'V� Number of Improvements: 2 Tax Exempt (YES/NO): NO City Name: Fire District: Tri-Community Drainage District: Lot Description: Special District: City Zoning Code: Land Use: Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. May 12, 2005 1:32:53 PM Residential-1 Family .p http://gismaps2.cravencounty.com/maps/map_cama.asp?pid=2-017-2 -315 5/12/2005