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 •
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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