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HomeMy WebLinkAbout57162_BOGGS, BILL_20110318711 0 CAMA / ❑ DREDGE & FILL GENERAL PERMIT v ` Previous permit # ❑New ❑Modification El Complete Reissue OPartial Reissue Date previous permit issued +, As authorized by the State of North Carolina, Department of Environment and Natural Resources a and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 Rules attached. i Applicant Name Address City �' State ZIP Phone # (`) ;�" l Fax # (_ ) Authorized Agent Affected ❑ CW [IEW ❑ PTA r Es ❑ PTS AEC(s): ElOEA ElHHF El IH lCUBA ❑ N/A ❑ PWS: El FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Type of Project/ Activity Pier (dock) length Platform(s) xJ Finger pier(s) Groin length number Bulkhead/ Riprap length i avg distance offshore max distance offshore Basin, channel I I cubic yards t Boat ramp Beach Bulldozing Other Shoreline Length V SAV: not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no IL I 4� A building permit may be required by: Notes/ Special Conditions _ Agent or Applicant Printed Name nS'ature Me read compliance statement on back of permit" Application Fee(s) Check # Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City j -i—� ?I . �. .' �R ..j ZIP Phone # ( ) `fit �)�� )River Basin W 1T Adj. Wtr. Body PYX X k A 1 1 _11/4 �n_at ;/man /unkn) �r Closest Maj. Wtr. Body i - Y�t ; (Scale: ) ❑ See note on back regarding River Basin rules. PermitOfficer's Signature p Issuing Date Expiration Date 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, 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 ❑ Neuse River Basin Buffer Rules ❑ Other: 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 (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans 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 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ Fill ❑ Both ❑ Other ` IVw Dredge El Fill Both E] Other El Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ =� 2- .G;3-��:;.s ;;: � 2 � n_�•';,'; 5.'U.a.a i ;: �ar.v- t ^r �.'' � 5�.r,,,:n_�.-�,., j,�4_n.�t ,,._,�.:.�,_,t. t � r''i; .i i� t°a AM=WN W ®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director March 18, 2011 Larry and Florence Poe 7516 Grist Mill Road Raleigh, NC 27615 Dear Mr. & Mrs. Poe: Dee Freeman Secretary This letter is in response to your letter dated March 6, 2011 to the Division of Coastal Management regarding your objections to the proposed pier project by your neighbor, Mr. Bill Boggs. The proposed project is located on Bogue Sound at 206 Shoreline Drive, in Atlantic Beach, Carteret County, North Carolina. The Division has reviewed your concerns and objections to the proposed project and in particular the riparian line determination. After reviewing the proposal along with your objections, the Division has determined that the proposed development is in compliance with the rules of the Coastal Resources Commission in 15A NCAC 07H.1200. Therefore, the Division issued CAMA General Permit #57162-C to Mr. Boggs on March 18, 2011for the construction of a 2.5' pier extension with a 10' X 30' "T" shaped platform at the waterward end, a 14' X 14' uncovered boatlift, two mooring pilings, and 78' of new bulkheading. I have enclosed a copy of the permit for your review. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days after the disputed permit decision is made. Please contact me or Heather Styron at (252) 808-2808, if you have any questions, or if we can provide any additional information. Sincerely, M. Ted Tyndall Assistant Director Enclosure cc: Heather Styron - Field Representative, DCM w/o enclosures Roy Brownlow - District Manager 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastaimanagement.net An Equal Opportunity , Affinnative Action Employer One NorthCafolina FIRST CITIZENS BANK OUTER BANKS MARINE CONSTRUCTION, INC 1501 FIRST AVE MOREHEAD CITY NC 28557 4328. 66-30/531 137 (252) 240-2525 3/18/2011 O N m C O PAY TO THE I #*600.00 ORDER OF � F N R 0 Six Hundred and 00/100**********�****************** DOLLARS 8 D.E.N.R. MEMO 111004 3 28,1' I:0 5 3 100 3001:00 13 12 113 2 12 OUTER BANKS MARINE CONSTRUCTION, INC D.E.N.R. AUTHORIZED SIGNATURE 3/18/2011 4328 •11 1! First citizens 600.00 T Styron, Heather M. From: Larry & Florence Poe [aflkpoe@bellsotith.net] Sent: Wednesday, March 16, 2011 11:20 AM To: Styron, Heather M. Subject: RE: Bill Boggs's Pier TIS e `haven, no ob -I o what you described about -a bafk-iead -2-ft out f0 he Larry & Florence Poe 7516 Grist Mill Rd. Raleigh, NC 27615 919-847-1513 e-mail-aflkpoe(@bellsouth.net Message Scanned by Norton Internet Security -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov] Sent: Wednesday, March 16, 2011 8:20 AM To: Larry & Florence Poe Subject: RE: Bill Boggs's Pier The applicant has stated that he thought this was part of the original drawing that was sent when this proposal first came up. What they are asking for is to place a new vinyl bulkhead immediately in front of the existing one in place. If this was permitted it would be limited to a maximum distance of 2' waterward of the existing wall. Please feel free to let me know if you have objections for this portion and what the objections are. Thanks, :) Heather From: Larry & Florence Poe [mailto:aflkpoe@bellsouth.net] Sent: Tuesday, March 15, 2011 2:43 PM To: Styron, Heather M. Subject: RE: Bill Boggs's Pier No, I have not seen any information about replacing a bulkhead. -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov] Sent: Tuesday, March 15, 2011 2:37 PM To: Larry & Florence Poe Subject: RE: Bill Boggs's Pier Good afternoon Mr. Poe, At this time our Assistant Director has not reviewed your objections and a permit decision has not been made. He has been out of town for the past two weeks and in meetings for the past two days, however he is aware of your objections to the proposed project. Once he has reviewed your objections he will provide you with a letter of his decision. I did have one question. Did Mr. Boggs or his agent Mr. Grimes provide you with a riparian form (drawing included) showing they are asking for a new bulkhead as well? If he did, do you object to the placement of a new bulkhead directly in front of Mr. Boggs existing one? Thanks, Heather From: Larry & Florence Poe [mailto:aflkpoe@bellsouth.net] Sent: Tuesday, March 15, 2011 10:24 AM To: Styron, Heather M. Subject: Bill Boggs's Pier Heather, just checking in and wondering what if anything is happening with our objection. Larry & Florence Poe 7516 Grist Mill Rd. Raleigh, NC 27615 919-847-1513 e-mail-aflkpoe(@bellsouth.net Message Scanned by Norton Internet Security 2 78' . 78' SI E 55' I HORELINE DR. Acvva� I o w Z FEB ? 1 2011 I > l ! SAL ER PATH RD. VICINITY MAP NOT TO SCALE BOGUE SOUND BOGUE SOUND w w Z Iz Y J J O w Q Fy Iz Z J In IQ Zi O- Icn F � of Q W WI F r co I I Co O Co WCD N m m w W 00 f O I Ow oioN t f O LEGEND E- 0 O aj � CP COMPUTED POINT W of IPF IRON PIPE IRS IRON ROD SOT ND N/F NOW OR FORMERLY Z DB DEED I I MB MAP BOOK OK v M r, PG PAGE R/W RIGHT OF WAY �I PP POWER POLE OE OVERHEAD ELECTRIC �\\\1111t1►d!///7 {�PSN CARp���i��� #`I ESS/p'• _ SEAL _ = : L-3776 O "1111110 \ ,, 7HOMA5 EDWARD STRICKLAND III, P -LS. L- 3776 CERTIFY THAT THIS SUR%EY IS OF AN E70571NG PARCEL OF LAND. TH011AS EDWARD STRICKLAND,u L-3776 +I L-3776 REGISTRATION NUMBER CERTIFICATE OF SURVEY & ACCURACY: NORMAL HIGH I I 1, TI/OMAS EDVMD STF6CIaAID ■ CERTIFY THAT THS MAP WAS WATER LINE DRAIN USER MY SUPET(DEED FROM AN ACTUAL SURVEY MADE USER MY SPERMS011 (DEED OESCIWT10N RECORDED N BOOK PACs OR OT1ER REFERENCE SOLaT THAT THE BOUIDANES NOT SURVEYED ARE NOICATED AS ORA'IN FROM NFTNMATOII N BOOK PA'E OR DI. WUOKE SIX1R(E: THAT THE RATIO OF PRMSION N I OR POSIPOPAL ACCURACY IS 1:,4000+ AND THAT TNS MAP MEETS Q 1 THE PEOURE]OIR OF THE STANDARDS OF PRACTICE FOR LAND ISRAEIIIC N NORTH • 21 MCHC 56.1600 �-f� ( L-3776 L7 Lj I PROEES"AL LAM REGISTRATKN NUMBER CK CD PQ p ROGUE SOUND NORMAL HIGH q I + WATER LINE C] lf) a Z I= NORMAL HIGH C_) WATER LINE WOOD CP CD I O BULKHEAD 9 3�~ IPF o S1 59 RS787' 3j f N86'30'1 4"E N6 21 66 Q I CP 31.61 CP � t5l� = I 3 OWNER: L7 cu o n o BILL BOGGS z i. N " REFERENCE: MB 5 PG 88 J ceryl _o c N DB 1231 PG 439 W RIPARIAN CORRIDOR SURVEY FOR I o ^ BILL BOGGS DOI Z BOGUE VIEW SHORES ADDITION U I V IPF / LOT 6, BLOCK 'J' Z MOREHEAD TWSP., CARTERET COUNTY, N.C, TIE TO "PK" NAIL � n X00 "W SURVEYED I FOUND AT THE T�', o ^ S15'S0 STRICKLAND SURVEYING, P.A. 2/10111 INTERECTION OF rn `O 53 80 P.O. BOX 331 NV#/ FBB- 4225 SHORELINE DR & �? Cl I,I�E UgL10 MOREHEAD CITY, N.C. 28557 DTE CP FAIRVIEW ST IPF R O R/w <P (252) 727-1970 SCALE. A j 1 6 THOMAS EDWARD STRICKLAND III P.L.S. 1' = 30' CURVE I LENGTH I RADIUS I CHORD BRG CHORD C11 25.111 770,00 N75 -50'00'E 25,11 0� D2Z0 F1 mrrA*lmoo D� O•�� m Z 1 D r 1 09'ZZ 1 � M. 60.90N J v N0510'0C ».st (total) 75.00' 0 305'i_0_;_00,, 62.27' 64.53' (total) - x 70 WW M -71 N m � Z1 L) M M Z w m C7 r 0 A m r m o� m .. N 2.91' V D O Mix z _s o m c m � co m �o M0 m ID 0 0 C: z 0 WE JI-� p:c>igmt\1Jg 30 GRAPHIC SCALE 0 m 0 15 30 60 120 W CL m 0 ( IN FEET) 1 inch = 30 ft. j 3,,Z2,5 L. LOS RIPARIAN LINE CD O G� C m J Cb U) O C Z 100°06'53"E — — — 392.08 RIPARIAN LINE — — — EXISTING DOCK S00°32'04"W — — — —RIPARIAN LINE 385.09' CD !% E $ ,� r� c o \\111111111///1// O f z ���\(�\\\\' �\" 0Hl /// C o D �< � s.� O•�� M co 0 07 m 0 c gpp Q in m /�/jQIi2 •••`���\\` m p0 O OA;mm C7 J O I j 1� O 1f11fIt411 0 0 0 o 0 \:2 > m rr*1 D X M C) O m m�oz Km 0 X O N n _< A n D r MB5PG88 V t-,, m PELICAN DR. o ISM HodAmmousilb, Asd tom,14C ?.8557 MOCKS - SEAMUS - t?nvxmQ ocXKS t26M 240-5 Zkoferror7Me TamerBbazol!v Z,(, U,5b- T�LW*3_ Z 2� ZoI I J 11 1 j� TLC,+ 4' o2i�gsp- C\ c 4cx� vj& U a) wosi-- MD-ITKS EXIL4�t t P5L>') Lock -H o ►--) -To MAR 3 2011 MoreheuCi cii}I 0 c%g CMJTM BANKS ll IE CONSMUCUON 1501 First ManAmnd Cir HC 28557 DOCKS - SEAYMUS - ftokTmG #IIIcKS 240-2525 !l%rr TFde %r Basad i 1c)` V C i CERTIFIED MAIL, RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOrNiNVAIVER FORM Name of Individual applying -for Permit: 7p�l' I � ll Arlrlrggc n -f Prnnarfy: • r ` 1 !v (Lot or Street #, Street or Road, City & County) 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. I have no objections to this proposal. if you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, 28557 orcall (252) 808-2808 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, boathouse, boatlift 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. 1 do not wish to waive the 15' setback requirement. (Applicant Information) JE oc' lcmco� C.6Z-�- Mailing Address City tatelZip �( �1 i-Lkll_ Telephone Number 2_ - Date Date (Riparian Property Owner Information) Signature Print or Type Name Telephone Number Date RIPARIAN LINE O G') C fTl V) O Z 392.08' RIPARIAN LINE — N Ui EXISTING DOCK _,QO'�L04"W — RIPARIAN LINE 9 385.0 — w O G7 C m _ n n j me5PG88 Fn AIR PELICAN DR. 00 £d WdTZ:So TT@Z TZ '9z_� 6TTS2Z2ZSZ: 'ON XUA S: WMJJ 0 LL NORMAL wcH WATER UNE TiE TO 'PK' NAIL , FOLM AT THE LNTERECTION OF a % OFCJNE Oft do FAIRVEW ST 1� I i i f 1 1 f i I I ,IINORYAL HIGH iWATER LINE 71 9WHD WOOO WLXH iFl eF N IPF r�fl 6p RI 'a SEAL. L-8776 z I PLS L- Vm comy *At 1E awwy 6 i"Mr L-3778 iCMnRCATE Of SURVEY & ACCURACY: � wirwnsro 1�if. • 1f,1� � �w�a0 1� uN 1LAW �NOR'YAL HIGH WA7SLU a e OWNER: BD -L Bods REFERENCE: MR s PG 89 D2 1231 PG 439 PCDRRIWR SURVEY FUR SS�iOR�S ADDiIION 6, X-MKW&P„ CARTERET COXM N.C.URVEY{NG. PA2CITY, N.C. 83557 1970 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, ■ Print your name and address on thereuers�eri%: so that we can return the card to you. B. eyceived by ■ Attach this card to the back of the mailpiece, / /I� C 4 or on the front if space permits. D. Is delivery ac 1. Article Addressed to: If YES, enter ONR % 20 I C. ElatelOt4kAsiWery Ot% different from item 1 . ❑ Yew ary address below: o S rvice Type rt�ed Mail [I Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 3090 0002 7825 9223 (Transfer from service lab PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; '3 �,J,ctk'U.c,r.f Yl'2_ s a 'im r-u!d Ammmup, Me 1 Cik HC 28557 DOCKS - SE4MUS - R D DUNG DOCKS 240-2W5 zkwkr Ar Tide TwzrarA %4 RECEIVED 9 e v� I4b /q S 20 , -, cg-Zn� MAR 15 2011 Za,�*j •�� = 1'70 Zn t im of 9 01/12/2011 18:02 3367898921 ADJACENT R7PARIAY PROPERTY OWNTR STA.TFrYXF;lti--i' (FOR,d PjERitk100AZN(r PIL.INGSBOAT.I.l. ,7MOATEOUsL) `Tf , 1 I hcrCby cettil'y that 1 own property adjacent to � j ` `• '^' „'s (Name of Property Owner) PAGE 01/01 RECEIVED MAR 15 2011 DCM-MHD CITY propt&y locowd at 2—b(z) (Lot, Block, Road, etc.) on _L_ -- iz►1 +1-a��C : �taj���a-� �. N -C" (VIfaterbody) (Town and/or Couniy) Applicant's phone Il: I Manu/$ Address:�� 4 lie b.as described tome, as shown below, the developrnent be is (proposing at that location, and, 1 have no objections to Itis proposal, t understand that a pier/tmouring pilins / boatdiil / boatdiatise must by set back a miniruutn distance of fifteen feet (15') from my area of riparian access unless waived by nae- (If you wish to waive the setback, yoia must i" tial the approprinte blank below.) I du nit wish to Fvaive ,� , _ 1 do wish to waive that setback mquiremenL. DESCRIPTION AND/OR DRAWING OF PROPOSED DLvr:L0181KENT: rPp ha,/'illed in by individual proposing donlelopment) AA Vc7v]� z- (,Information fur Property Owner Applying for Perwit) K0111"n-g Address Cii�►%St�,tc%�i� � .�.. (Riipartan Property Owner Information) -V-zf!�-a retephouc Nuznbor Te one Number �� Si htrc Dole Date ConnectGIS Page 1 of 1 1:100 feet http://carteret.connectgis.comIMapIPrintWindow.aspx?Map=http://carteret.connectgis.com... 3/14/2011 MEM r�►-iii I u r i 4 AF&= - 0 it I'mill I.s-- i � ,1.11 I � � I � `' � •r ,� .,,,■ ,,�,� �„�"&"&ULM �f oil -4.-.. T m I .'"� f z v - x ,e .99 ml,f r... 1 I�������4►�����i��'��; � �� �t��1�_�1! i� ����4i 441�4����I�����h��1 ���4ii�4��l��y�� _ "En.. ; _.. acs ,`:: + .r � "�"�St-�° •.^ •s A y � �1 • T , :��''�' a r.Fr1 +•�... F . .s 3Y si, • �'i:h - iso, a •� , _ � �*�.x' h.�, �',� 3 `� * i �reN 'y.4,� � F �f•+,��at Ih..,.=i t •, i � +. _ � er , _ ,, - !E �.:� �y' '°;�, .. u. ... ii -.Kir r •5 ,a ���4�. �' ♦ '_��,� � - • �'.? '� __�•.. if �•�•. • �Fi- s � L•�T j .. ' �, it � .� 1 �• ' t .��+ �' � ..ray �� - •rr� • 1 - T a �•!y _ Jr fI� P R� A•t , `�� '' •'` •t 11. e+ iii. �" ♦ Mme. , rY��4 '` � 1 A .� a ell iia y� �,-` +.���`'•,�,+' yJ�- ••"jj� +. '�,� �- '.tee. 1 .. i' , ;�� M 1ps�. 421W V� I I I f I 0M."n rl� a 'Ilk • Pir ,. �e •i►-` r'y`a N + I ' • �" ,ajt.: r .t*�! .� >,.`�dRS—s!1'q►��Ye�t}!/�E.rt�awN;i � , FT iw y� I tar 1 Styron, Heather M. F-rorn: Larry & Florence Poe [aflkpoe@bellsouth.net] Sent: Tuesday, March 08, 2011 10:20 AM o: Styron, Heather M. Subject: RE: Proposal from Tim Grimes for Bill Boggs Pier Heather, our Boggs pier project objection package was mailed to you yesterday via certified mail. -----Original Message ----- From: Styron, Heather M.[mailto:heather.m.styron@ncdenr.gov] Sent: Tuesday, March 01, 20113:50 PM To: Larry & Florence Poe Subject: RE: Proposal from Tim Grimes for Bill Boggs Pier Good afternoon Mr. Poe, I just wanted to let you know I have received your email and have noted you will be sending your objections in writing. Thanks, Heather From: Larry & Florence Poe [mailto:aflkpoe@bel]south.net] Sent: Tuesday, March 01, 20113:47 PM To: Styron, Heather M. Subject: Proposal from Tim Grimes for Bill Boggs Pier Heather, I received a copy of the proposal to add to Mr. Boggs Pier yesterday (2/28/2011). 1 do object to the proposal and will have the basis of my objection documented and to you within the required 10 days. Larry & Florence Poe 7516 Grist Mill Rd. Raleigh, NC 27615 919-847-1513 e-mail-aflkpoeCa.bellsouth. net Message Scanned by Norton Internet Security March 6, 2011 Heather Styron (CAMA Representative) Division of Coastal Management MAR 400 Commerce Avenue mofofia4d �g Morehead City, NC 28557 Subject: Response to Mr. Boggs's request for agreement with his proposal to add/change his pier located at 206 Shoreline Drive, Atlantic Beach. References: Attachment A. Adjacent Riparian Property Owner Notification/Waiver received 2/28/2011 Attachment B. Letter describing our agreement to allow second 200' of pier dated 4/21/2001 Attachment C. Description of how Riparian Corridor was established in 2001 Attachment D. Satellite view of Bogue Sound North of our property at 300 Shoreline Drive Attachment E. Layout view of our Subdivision Attachment F. Current Satellite view of pier Attachment G. Copy of Mr. Boggs's Proposal with Riparian Line using lot line extension Dear Ms. Styron: We have strong objection to Mr. Boggs's proposal to add to the pier as described in his drawing. There is history with this pier dating back to April 21, 2001. When the first 200' was built, it was placed at an angle that crossed the 15' set back, which we had not waived. We objected to the request to build the final 200' as to continue it was obvious that it would cross the actual line defining our riparian boundary on the east side. We begrudgingly agreed to allow the pier to be continued provided that no part of the pier actually crosses the east riparian boundary line. All parties agreed (Attachment B). This is the reason the pier now does not have a westerly extension on the end platform. Now, Mr. Boggs wants to add 10' to the platform to the west. Again that will violate our Riparian Corridor, which is the basis of our objection. We assume that there is disagreement with this, as the diagram we received conveniently had a line drawn from the corner lot marker parallel to and set back 25' from his pier. This line cannot possibly be perpendicular to any water in Bogue Sound as is required by the rules stated in the CAMA Handbook for Development in Coastal NC. We have included here a description of how, with the help of CAMA Representatives, our Riparian Corridor was established back in 2001 (Attachment C). In a previous letter to Mr. Boggs and his contractor, we stated that we're sure we could figure out a way to be in agreement on this but have had no indication that there is any interest to do so. Instead, we have received rather harsh phone calls using such words as legal action, which of course if necessary we certainly won't shy away from. Sincere Larry & Flo n/ePoe 7516 Grist ill Road, Raleigh, NC 27615 300 Shoreline Drive, Atlantic Beach, NC (919) 847-1513 cc: Mr. William Boggs Attachment A ED MAIL • RETURN RECEIPT REQUESTED _,VISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: - v n Address of Property: .246 ,5_iote I the V/";, (Lot or Street #, Street or Road, City & County) *010 . '? oil Applicant phone #: qj !-j ;Z 2 - -5�`j_3S Mailing Address: /;2 C 10,E 1'eva, ,yam -a 5:4. 7 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, must be provided with this letter. I have no objections to this proposal. - P I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmangement.net/contact dcm.htm or by calling 1-888-4RCOAST. 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, boathouse, 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. L.'p I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature i GC f4 c Print or Type Name MailingAddress % City/Sta* Zip /C —yl9-.e-�3., Telephonb Number J 33 Date (Riparialf�roperty OwnVinformation) Print or Type Name Mailing Address Prylt-�V� City/StatelLip Telephone Number ; /&- /Ire 4z Date Attachment B April 21, 2001 Mr. Eric Ellis 205 Nottingham Lane Morehead City, NC 28557 Mr. J.C. Newcomb 1705 Wilshire Blvd. Wilson, NC 27893 RAS? 1,0416C,4�`91 Reference: 1. Original Adjacent Riparian Property Owner Statement signed by me dated March 8, 1999 2. Your request for approval to continue your pier from 200' to 400'. 3. Our meeting to discuss your plans 4/20/2001 4. Our agreement that my (300 Shoreline Dr. lot 7) riparian access is marked on the east by the extension of the lot line between Mr. Newcomb's property (lot 6, and my property lot 7). This is the case as that extension best defines a line perpendicular to the deep water channel and is also in direct line with the center line of Fairview Dr. which is perpendicular to the deep water channel as viewed by aerial photo obtained from NC Division of Coastal Management. Dear Mr. Newcomb and Mr. Ellis, As we discussed, it is not possible to continue the pier from its present 200' to 400' without violating the original agreement of a minimum 15' set back Also as we discussed, I have agreed to waive the 15' requirement and agree to the pier being continued to the 400' length with the requirement that no part of the pier or boat lift crosses the line marked by the extension of the property line described in item 4 above. Please let me know if I have not described our agreement adequately and also indicate your agreement by signing below and returning a copy to me. Thanks... aCifig d. Raleigh, NC 27615 919-847-1513 (IT) 919-847-1513 (Fax) Enclosure 1—"ewcomb Date Eric Ellis Date Attachment C Establishment of Riparian Corridor For 300 Shoreline Drive, Atlantic Beach, NC�s��� April 2001 The very courteous and professional people of Division of Coastal Management, located on HWY 24 at that time, assisted me with aerial maps, definitions, and guidance in establishing my riparian corridor. This occurred after the first 200 feet of pier was built and it was obvious that something was wrong. Also very obvious was the pier was being constructed parallel to the neighbor's pier on the East which in my opinion is drastically wrong as well. There was agreement that the North/South streets in our subdivision were as perpendicular to any water in Bogue Sound as anything could be. Also, by coincidence, the east lot line dividing 300 Shoreline, and 206 Shoreline was lined up exactly with the center line of Fairview St. This can be seen in the current Satellite Map Attachment D., and copy of our Subdivision layout Attachment E. • So, the extension of the lot line by coincidence defined the Riparian boundary between 300 Shoreline Drive and 206 Shoreline Drive. • In Attachment F (Current Satellite View of Pier) and G (the drawing of Mr. Boggs's proposal) it is plain to see the problem. �y 1 r, 1'F I t C.ilp /1; wlt' Rt • �ix •�• ti rYs. s �.. dik e81�` ,� tri �/ .� _ rr } t a -:Lrr �.• ' Sr West Cal', Parkor ZZ A, ?C:1 i:' �n YY�• ri.. \��\„tel TJs ;�,.y_ tib,'' jII fill ,',I�t,, te�'a".. = �La,l_ 4• ry t ... rirc,�' ��� SE �Comminrty . College - � �{± M� �n�:tt ' - ' ',,,• ♦`ter,•.: �t�,An�n�run Shopprng.Centee Rd ., Y .�_ ,vv Fort Shopping Celle r _•4 `Pell R ! 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L y�` .7 �'� :ice � .�� � � • �`� h c l Cs� z 0 of LL a R 0 » OC o A� =z u L/7 0 � a A n Q T Fvi - LD z LJ J W U U TIE M 'PK- NAIL FOUND AT THE INTEREC71ON OF SHORELHE DR & FAlRMEW ST t7� p 78' 25 8' of OWNER: BILL Bocla I� REFERENCE: W S RELINE OR. 0 Fil 5 PG 88 g H DI 1231 PG 439 0 n n RIPARIAN CORRIDLIR SURVEY FOR z 4 I HOGUE V" SHORN ADDMON P s FPF / i U _ (173' ,D EHEAD FVSP- CARMtE-T Q11NTY. XC. ITHWAs I STRlCf�Af� SIVEYi11G, rA Pt�fAflCITGME) a I Nk- Z9=7 1 ARE R/ S I SALTER PATH'AD. 72770 , sa I EDVAID snmaw r" 1• • 3D' nx m VICINITY MAP NOT TO SCALE BOOUE SOUND I I 1 BOGUE SOUND z �LLJ z Y I I __j z V 0 Iz Q ; Z J I� I� C.3 I� xLLJ aI Ia I k N a C W a m Im 3I I co }_ p II0 i ;►% O co LEGEND I t+1 M CP COMPUTED PONT PF IRON PFE FOUND EtS IRON ROC SET I N/� NOW OR FORMERLY E Im BOOK MBMAP BOOP( PG PAGE I R/W MGHT OF WAY E PP POKER POLE OE DEAD EECTRIO I '�'� f �1 ``,��11ttI111Jlly�i CA *i _ �_4 SEAL L -STIR z 1 �z��/'/'/�it'�RD iI 115jP1G���` irk Y. rLi L- vm 0111' *4A7 lE lIRIEY 6 NORMAL HIGH WATER I CERTIFICATE OF SURWY k ACCURACY: m r 1a 111E 4 loom U�1 awsom :� - a IBM ' G fes'/► f 1-3776 HIGH I J MUTER UNE ORMAL H4H WAFER LINE wow 81JUOiEAD 31 9PF C ;1-e 688'30'14E 2 TIE M 'PK- NAIL FOUND AT THE INTEREC71ON OF SHORELHE DR & FAlRMEW ST t7� OWNER: BILL Bocla I� REFERENCE: W S a Fil 5 PG 88 g H DI 1231 PG 439 0 n n RIPARIAN CORRIDLIR SURVEY FOR z an.L Bows HOGUE V" SHORN ADDMON P s FPF / LOT b, ALIO C •J' s _ ,D EHEAD FVSP- CARMtE-T Q11NTY. XC. ITHWAs 5?5 �� STRlCf�Af� SIVEYi11G, rA Pt�fAflCITGME) I' G� Nk- Z9=7 ARE R/ S PtygLlGi 72770 , sa EDVAID snmaw r" 1• • 3D' nx m Thursday, January 1$, 2011 10;53 AM Larry & Florence Poe 919-847-6447 p,01 FmiPU(At ATTN. Ms. Heather Styron Fax Number 1-252-247-3330 Phone Number 1-252-808-2808 FROM Larry & Florence Poe Fax Number 919-847-6447 Phone Number 919-847-1513 SUBJECT Additions to Mr. William Boggs' Pier Number of Pages 4 Date 1/13/2011 MESSAGE Please see the attached pages that somewhat outline conversations with Mr. Grimes concerning the subject and some history dating back when the pier was built. At that time, there was agreement that the pier has violated my riparian access. Th imclay, January 13, 2011 10:53 AM Larry & Florence Poe 919-847-6447 p.02 January 12, 2011 Mr. Tim Grimes Outer Banks Marine and Construction Morehead City, NC Reference: 1.) Agreement Letter Between. Larry and Florence Poe and.3.C. Newcomb, a former owner of the property at 206 Shoreline Drive concerning Mr. Newcomb's construction of a pier. 2.) Satellite view of pier at above property. Mr, Grimes, thank you for giving us a call and sending the fax that outlines your intent to construct an addition to Mr. Boggs pier. As 1 said, a previous owner who constructed the original pier violated our Riparian Access to the waterway with the construction of the first 200' of the pier as described in the attachment. We were able to come to an agreement to allow the continuance of the next 200' of the pier provided that no part of the pier or boat lift violate the east side of my Riparian Access, as defined by the extension of our property line also described in. the attachment (an agreement that we have regretted many times over). Your diagram describes an addition that not only would violate the 15' set back but also the actual line marking the boundary of our (and Mr. Boggs') Riparian Access which we can not agree to (see attached satellite picture of the pier). You also indicated that you planned to meet with the NC Division of Coastal Management to try to get a permit to continue w/o my ap rumcnt. I askcd you to please notify me of any such meeting so I can also be in attendance. I am sure that we can figure out a way to be in agreement w/o such drastic legal steps that you also outlined for me, but if not, I will also be ready to participate legally to protect our investment. Sincerely, Larry & Florence Poems 7516 Grist Mill Rd. Raleigh, NC 27615 300 Shoreline Drive Atlantic Beach, NC (919) 847.1513 ec Mr- Wm- Boggs Ms.14eather Sty -ton ?h ;rsday, January 13, 2011 10.53 AM Larry & Florence Poe 919-847-6447 p.03 April 21, 2001 Mr. Eric Ellis 205 Nim UMC Nkothead City, NC 28557 Mr. J.C. Newcomb 1705 Wilshire blvd_ VrAwrn, NC 27893 Ref aw,e: 1. Origin! Adjacent Riparian Property Prouty Owner Statement signed by me dated Mare 8, 1999 2. Your request for approval to continue your pier from 200' to 400'. 3. Our melting to discuss your plans 4!20/2001 4. Our agreemcat dint my (300 Shoreline Dr. lot 7) riparian access is marked on the east by the extmskm of the lot line between Mr. Newcoamb's propedy (lot 6, and my property lot 7)• This is the case as that mv=sion bole dc&cs a linc peipendzcW= to the deep welter channel and is alto in direct line with the cemW line of Fairview Drwhwh is perpendicular to the detail water channel as viewed by aerial photo obtained from NC Division of Coastal Managt:ment. Dear Mr. Newcomb and Mr. Ellis, As we disc amd, it is not possible to continue the pier from its present 200' to 400' without viomtmg the original ageement of a njohmm 15' set back. Also as we discussed, I have agreed to waive the 15' requitement and agree to the pier being continued to the 404' knSth with the roqairement that no part of the pier or boat lid crosses the line marked by the extension of the property line described in item 4 above. Please let me kaow if I have not desmlW our agreement adequately and also indicate your agmtvxot by signing below and returning a copy to me. Thwks... sincerdy Lary KPoe 7516 C,rist Rci Raleigh, NC 27615 919-847-15.13 (A) 919-847-1513 (Fax) Enclosure r J. Date Eric F.Tlis 1 ! Date Thursday January 13, 2011 10:53 AM Larry & Florence Poe 919-847-6447 %_RK) It; IVRIIJ5 r�,C i ui p.04 Google -maps To see all the details that are visible on the "��"��"' " Y screen, use the "Print" link next to the map. http://maps.google.corn/maps?hl-eii&tab=il 1/11/2011 Akvxml �e RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director March 18, 2011 Larry and Florence Poe 7516 Grist Mill Road Raleigh, NC 27615 Dear Mr. & Mrs. Poe: Dee Freeman Secretary This letter is in response to your letter dated March 6, 2011 to the Division of Coastal Management regarding your objections to the proposed pier project by your neighbor, Mr. Bill Boggs. The proposed project is located on Bogue Sound at 206 Shoreline Drive, in Atlantic Beach, Carteret County, North Carolina. The Division has reviewed your concerns and objections to the proposed project and in particular the riparian line determination. After reviewing the proposal along with your objections, the Division has determined that the proposed development is in compliance with the rules of the Coastal Resources Commission in 15A NCAC 07H.1200. Therefore, the Division issued CAMA General Permit #57162-C to Mr. Boggs on March 18, 2011 for the construction of a 2.5' pier extension with a 10' X 30' "T" shaped platform at the waterward end , a 14' X 14' uncovered boatlift, two mooring pilings, and 78' of new bulkheading. I have enclosed a copy of the permit for your review. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days after the disputed permit decision is made. Please contact me or Heather Styron at (252) 808-2808, if you have any questions, or if we can provide any additional information. Sincerely, JC // M. Ted Tyndall Assistant Director Enclosure cc: Heather Styron - Field Representative, DCM w/o enclosures Roy Brownlow - District Manager 400 Commerce Ave., Morehead City, NG 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer One N orthCafolina