HomeMy WebLinkAbout10387_General Permit_19920618I
CAMA AND DREDGE AND rU
GENERAL
PERMIT
J U N 2 3 1992
z; 10387 -
as authorized by the State of North Carolin.T"' " `'' `—
Department of Environment, Health, and NITatIh'PtotrrCeslallttthe-eoastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC "') �A � :).QO
Applicant Name room n�� Q �� �'+ s Phone Number
Address
City, State zip Z1A
ti
Project Location (County, State Road, Water Body, etc.).� �-.-
Type of Project Activity
PROJECT DESCRIPTION I SK
Pier (dock) length � 140
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other �O�` a
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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,
imprisonment or civil action; and may cause the permit to be-
come 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) this pro-
ject 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.
applicant's signature
permit officer's signature
issuing date expiration date
attachments —W. `tl(w
C', I
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee w • tJ 0 �sJ e- �13
Management Program.
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N O cR�iZ\ 0.
DCM FORM b
PETITIONER'S N).XEDrs. Thaddeus & Teresa THIRD PARTY HEARING
Kostrubala REQUEST ON
COUNTY Beaufort T wn N.CC-YA PERMIT DECISION
CMT-10-92
FILE NO.
(Petitioner leave blank]
PLEASE TAKE NOTE that the undersigned, a person affected by
the decision of (check one):
a 1,ocal Permit Officer acting on a CAMA Minor
Development Permit Application; or
the Division of Coastal M&nngemsnt,
Department of Environment, Health, and
Natural Resources and Community Development,
acting on a CAMA Major Development permit
Application
hereby eauests permission from the Coastal Resources Commission
to file an appeal pursuant td G.S. 113A-121.1(b)•
Requests are reviewed by the Chairman of the Coastal
Resources Commission to deter=ine whether a hearing should be
granted. The determination of whether to grant a hearing is in
the sole discretion of the Chairman , (15A NCAG 7J .0301(b))
Factors considered by the Chairman In determining Whether to
grant a hearing are as follows (You must address these factors
before your Request will be reviewed.):
(a) whether the permit decision vas contrary to any
applicable statute or regulation. (GS
113A-12.1.1(b)(1)) please set -out below the statute or
regulation allegedly violated by the permit decision.
(b) Whether the Petitioner is directly affected by the
permit decision. (G.S. 113A-121.1(b)(2)) Persons
directly affected by a decision include, but are not
limited to:
(1) any owner of real property in the vicinity of the
property to be developed who can show e that hane the
proposed development is likely
to Significant adverse effect on the value and
enjoynent of his property; and
(2) any person who can demonstratexesourcastory in the
Of
substantial use of the public
' area directly affected by the development When the
REVISED: KARCH 61 1991
E-J�3UQ
0 1992 u
JI_IL 10 ' 9;_' 16 : 10 F!ODf' AH HJL:-.HEF'
P.4
development is within or touches upon an area subject to the
public trust. please state below in what way you are a person
directly affected by the permit decision.
(c) Whether the petitioner has a substantial likelihood of
Prevailing in a contested case hearing. (G.S.
111A-121.1(b)(3)) Summarize the evidence you will
present at a hearing in support of your appeal•
7/10/'92
Date
Thaddeus L. Kostrubala, M.D.
Teresa Kostrubala, Ph.D.
F3C04I-sabe
?A">Ie
r o A orney
v.
Address
Washington, N.C. .27889
C Fty State zip
(919) 946-9333
Telephone Number
NOTE: Denial of a request for hearing is a final
13A-a21.1(b) and cbaP which p G.S.
1ter 150BArticle a •
13A
NOTE: A Hearing Request involving a CAMA Xinor
Development Permit gust include a verification by
the Local Permit officer that here has been a
final decision by the local government on the
permit Application. (15A NCAC 7J .0302) (A COPY
of the pei"x t decision attached to this form will
constitute verification.) .
?TOTE: This Request must be filed With the Director,
Division of Coastal Hanagemen4, within twenty (20)
days after the decision by the Local Permit
officer or the Division of Coastal Y.anagement.
Failure to do so const Etute$CAC waiver of .030 ; e right:
to request a hearing.
The original Hearing Request should be filed with
the:
Director,
Division of Coastal Management
Post pffice Box 27697
Raleigh, North Carolina 27611
REVISED: MARCH 6l 1991
JUL 10 '92 1G: 10 P(H)MAH H(-:,L'-;HER
Pl.
.7
CERTIFICATE OF SERVICE
:r hereby certify that a copy of this Third Party Hearing
Request has been served on the following by depositing A cOPY Of
it with the United States Postal Service with sufficient postage
or by personally delivering it tO.-
General Counsel
office of General Counsel
p.p. Box 27687
Raleigh, NC 27611
This the 10th day of Julgg�
1991.
gnature
pet tioner or;Lttorney
REVISED; KARCH 6, 1991
i
JUL 10 '9 ' i5: it POEIMH- I HOL'=;HEF'
P . r,
May 27, 1992
The undersigned are aware that Tommie and Audrey Norri%
are planning to build a pier and boathouse on 'their property at
Blackbeards View in Rath, NC. The adJacent property owners are
Claude & Sandra Dupree and Thaddeus & Teresa Kostrubala.
Thaddeus K'ostrubal a
WqG4�,
Teresa i:astrut)al a
RECEIVE
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JUL 10 "_ 2' POEIFIAI l HCiL'=.HFF'
F' .
Director
Division of Coastal Management
Post Office Box 27687
Raleigh, NC 27611
Re: Request for Hearing
CAMA Permit Decision
Dear Sir:
304 Isabella Avenue
Washington, NC 27889
10 July 1992
Request is hereby made for review and hearing as to the permit
granted to Tommie and Audrey Norris of Bath, Beaufort County, North
Carolina.
We are the adjacent riparian property owners to the subject proper-
ty and are directly affected by the permit decision in that the
value and use of our property will be substantially and signifi-
cantly affected.
On May 27, 1992, we signed the attached statement for Mr. and Mrs.
Norris. We received no further notification other than it would be
a "boathouse." Construction began on July 8, 1992, of a large,
raised structure.
This construction is directly in front of our property which is
outlined in yellow on the attached map. Our jetty is indicated in
green. The approximate location of the new construction is indi-
cated in red - it straddles the end of our jetty and effectively
blocks and is in front of our beach on our property! We no longer
have any recreational use of our beach.
We believe the permit decision is contrary to statute ( G. S . 146-12 )
and regulation [15 NCAC 07H.0208(b)(6)(E)) in that the construc-
tion:
-is in front of our property;
-is not set back 15 feet from our adjoining property line.