HomeMy WebLinkAbout60740D - Taylor'. ZAMA / e�DREDGE & FILL
,/ NO. 6U i
aENERAL PERMIT
V Previous permit #
$4ew iModification ❑Complete Reissue `Partial Reissue
Date previous permit issued
ized by the State of North Carolina, Department of Environment and Natural
'castal
Resources ` t
Resources Commission in an area of environmental concern pursuant
to I SA NCAC t�
Name c// TAy�L L) r- •
Ej�Rules attached.
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ig permit may be required by: `7S0(J7 M`-V,2
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North CaroW a Department Of Envianmerd and Nakft Resouir-c-es
Division of Coastal Management
md"F, Easley. C*"Mor AM63 K Cof"Son, 01fector
Authorized Agent Consent Agreamant
A is hereby authorized to act an my
AWW o(Age"
irf akkt to obtain any LAMA pe it(s) reqtjkW for the Pn4wrtY listed bek>&. The authorization is QrnA4
specific activities described in the attached sketch.
LOCATION OF PROJECT.
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PROPERTY OWNER MAJUNG ADDRESS:
NISCIN-0-31c)
-AW"ORMWAGENT MAKING ADDRESS:
..........
PHONE NO. 0t&0-4V1-Vff'S-
Signature of Property Owner:
Signature Of Aufflorizeid Aoent-dri',
Date: Ti—
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1 Y l]LLJlV �f' � MAIJAI•M_M�N�
A:71_ AAC_N,TRIP&B:6N0A'b RNOTI�ICAr''-tC�ll�'�wat
tiame of tndivdua..Aopiyin8 For Fermis: _ � h _
Address of Prop_,.'3 Q
tot 'f Street 4. Street or ilaeo
;C:ry ark Ca;:1`11)y,
aercoy Corti: :;:at ; cwfl ptap" kdjacem to the Above-referer.:ea pmrt-t Tit in411viduni
appiyins for (•his per.nia has Grins#bad tome xe snov n on the aawhec driv4tr.g �c dsv�etelpRtetaitxY
are p-ofV)S;-g. A Ces:rip!.o-1 cr drawing, with d:"naione. ehe.;d wit!► chic letter
tkkck IN�`, : h5vt ne objections ID this PMV sa.
tLA►c a
if you have vbjtc[ioes to what it, being proposed, please write t>,1: i):• ;i,ri el (`o4ate►
'Nlfloojemon:, 11.7 Cardlital Drlyo intension, WIlmino ott, NC 2830• or e u 910.791P.7113
within :odavi:rrateiptofthisnotfu. No response is considered the same:1;nooD}ec.tianit
y:u iave been iorilied h} Certitlod ;Mail.
WAIVER SC-CTIC�
I uadtrstund t^at a pitor, dock. Mooring pilinp,brcnko ater: nr;-�t :es;rsc ^r nca: iiit.tnastbtset
hKk a minimum d�stonet of IS' front tay area of riparilan ucceis - uniea, wA i, cd by "W. ifp,
Wisp to ivaivt *!it setback. YOU must initial the approprioce blank beto%s
H In to tyrivs the i S setback
Ate►. Pr oP' � / $' Zo v�Of Y--
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: tiephone Num...'er -,;,I Arta Code
NCDEN
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
;verly Eaves Perdue James H. Gregson Dee Free
ovemor Director SecrE
December 21, 2012
& Mrs. Berkow
4 Dunwoody Dr.
woody, GA 30338
r Mr. & Mrs. Berkow:
This letter is in response to your correspondence, which was received by the Division of Coastal Management on Septeml
?012, October 22, 2012 and December 6, 2012, regarding your concerns about the proposed development by Ethyl Taylor at
% River Drive, adjacent to the Cape Fear River, in Southport, Brunswick County. The proposed project consisted of the
;traction of a 35' bulkhead wingwall. The proposed project has been determined to comply with the Rules of the Coastal Resoui
emission FH.0208 (b)(7) & 07H .1100] and as such, a permit has been issued to authorize the development. I have enclosed a
of the permit, as well as the relevant statutes.
i wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal, The Chairman of the Coasta
)urces Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty
of the disputed permit decision, Please contact me at (910) 796-7215 if you would like me to send you the applicable forms an
actions that must be filed prior to that deadline or if you have any additional questions. Alternatively, the forms can also be foun
ur website.
►ectfully yours,
a Wilson
ct Manager
Wilmington Files
Christy Goebel, AG's Office
Doug Huggett, DCM
September 25, 2012
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC, 28405 — 3845
Re: Ethel Taylor
302 '/2
River Drive
Southport, NC. 28461
Gentlemen,
I represent the ownership of 304 River Drive, Southport and object to the contemplated
improvements. Previous bulkhead improvements have resulted in a sever erosion of my
property. I believe that the contemplated improvements will result in a scouring of what
beach is left and a diminution of my back yard.
I would like to discuss alternatives to the proposal which might accommodate MS. Taylor
as well as protecting my property.
Sincerely,
Sandra Berkow Executrix
�i.
Cell phone; 770 363 0828
Home phone: 770 394 8339
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address of Property:
L L-2x S4
(Lot or Street #, Street or Road, City & County)
Agent's Name #: i Mailing Address: ,a c-3 Lr-(4
Agent's phone #:
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. _y"" 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. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is
considered the same as no objection if you have been notified by Certified Mai!
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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.
0-1� I do not wish to waive the 15' setback requirement.
(PrOPWV Owneq Information)
Signature ` `" ' U
F-JrL6 a�w- 61%
Print or Type Name
3o a ` z P, ;y rA�
Mailing Address
UK- Stiy-ion
ropery Owner Information)
Signature
Print or Type ame
44T�' LI-A
Mailing Address
Ms. Heather Coats,
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC28405-3964
Dear Ms. Coats,
RECEIVED
DEC jQ 2012
DCM WILMINGTON, NC
We have read the shoreline stabilization rules that you have provided us in the past. Our
objection to the issuance of a permit is not based on emotions but rather on rule 15A NCAC
07H.1104 General Conditions (d).To refresh your memory, this provision states that a permit is
not applicable when "there are unresolved questions concerning the proposed activity's impact on
adjoining properties"
In our letter of November 29,2012 we stated " we object to the proposed project on the grounds
that the wing wall will exacerbate the erosion effects on my property. By extending the bulkhead
wing wall the erosive forces on my property will be accelerated. A permit cannot be granted for
projects that have an increase or acceleration of erosive properties on the permitted properties
and adjacent properties."
There can be no doubt that erosion is occurring on Mrs. Taylors property since she is asking for a
solution to her erosion problem, and there can be no doubt that our property is being effected by
her bulkhead. A visual inspection tells the story.
For these reasons, the issuance of a permit will in contravention to your own rules.
Sincerely,
Sandy and George Berkow
A . -r � P �4, )
_,
November 29, 2012
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Attention: Ms. Heather Coats
Re: Permit Application for Ethel Taylor Property (302 '/2 River Drive, Southport, NC 28461)
Dear Ms. Coats:
Over the past 50 years I have had the privilege of growing in my parents' house at 304 River
Drive Southport, NC and inherited this property (along with my brother) upon my parents death.
Over these years, I have watched this property slowly disappear. I understand that the river will
change the local landscape and I have accepted these changes.
However, over the last 10 years the landscape has changed very dramatically and the erosive
forces of the river have greatly accelerated. Much of this acceleration of erosion can be
attributed to the building of the bulkheads downstream of my property. This is evident in the
aerial photography which indicates no shoreline in the vicinity of the properties with bulkheads.
For the last 10 years each of the property owners adjacent to the initial bulkhead have had to
build bulkheads to offset the loss of property. My neighbor is doing exactly the same. This band
aid approach is not the solution to the bigger problem.
Now I find myself in the dilemma of how I proceed. Since my neighbor has built their bulkhead,
the loss of my property has greatly accelerated. I feel that bad planning and the lack of scientific
data have ultimately limited my options as well as my neighbors. In order for us to keep our
properties, we will ultimately have to install these very costly bulkhead systems. There has to be
another solution that is available to us. We have requested that a breakwater/jetty system be
explored. This type of system will in effect slow or deflect the current away from the natural
shoreline. It would negate the need for the bulkhead extension/wing wall.
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and adjacent properties. By building the wing wall, the permittee's property will be protected,
then the erosive forces of the moving water will then be deflected totally onto my property. In
fact, these forces have already been increased by the previous construction. If I do not build a
bulkhead, I will lose my property, and Ms. Taylor will return in the near future requesting an
extension to her wing wall.
Previously you made a comment that our objection could have an gffect on Interstate Commerce.
Evidently, there has been some discussion about ferries and ships that could cause waves that are
creating these erosion problems. That is a real possibility. However, the possibility that a tide or
river related current is very possible as well. Also, most major ports on the eastern seaboard are
being sued because of the loss of shorelines and lack of shoreline protection. The intent of the
lawsuits is not to stop Interstate Commerce, but to slow or stop the loss of shoreline, habitat and
property.
It is not the intent of my actions to prevent Interstate Commerce. However, it is our intent to
protect my property and the adjacent upstream properties from further erosive properties that are
caused by bad planning and uninformed decisions. In our previous correspondence, we have
requested that a study be conducted to determine the cause of the problem and possible solutions.
The current band aid approach seems to be resulting in the loss of very valuable property and
habitat. These fixes are not necessarily in the interest of the environment, and they are very
costly to the landowners that are trying to hold on to their properties.
I would request that the application of Ethel Taylor, next door at 302 '/2 River Drive be denied
and be restudied by your agency.
If you have any questions concerning this response, please feel free to contact me and/or my
consultant J. Patrick Barber, Principal at Acer Environmental. LLC. You already have his
contact information although you have heretofore opted not to use his input in this matter.
Sincerely,
October 15, 2012
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Re: Permit Application for Ethel Taylor Property (302 %z River Drive, Southport, NC 28461)
Dear Sirs/Madam:
I am the property owner located at 304 River Drive, Southport, NC. Recently Ms. Ethel Taylor
submitted a permit application on September 20, 2012 to extend the bulkhead on her property.
Downstream of my property and Ms' Taylor's property the State has allowed property owners to
construct bulkheads without any hydraulic or transport studies as to how their placements would
affect the upstream property owners. It should be the responsibility of the state to perform the
necessary studies and implement the appropriate measures to stop the otherwise endless chain
reaction along the shoreline that has resulted in costly countermeasures (bulkhead construction)
by property owners and/or the loss of very expensive property.
Respectfully Submitted,
Sandra Berkow
Cc: Mr. J. Patrick Barber
RECEIVED
October 15, 2012
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
ACIE
Environmenta
Re: Permit Application for Ethel Taylor Property (302 % River Drive, Southport, NC 28461)
Dear Sirs/Madam:
This letter is in response to the permit application submitted by Ms. Ethel Taylor on September
20, 2012 to extend the bulkhead on her property. I am responding on behalf of Ms. Sandra
Berkow and Oliver Property located at 304 River Drive, Southport, NC.
It is our understanding that Ms. Ethel Taylor is proposing to extend a bulkhead on the seaward
side of her property to reclaim land which has been lost as a result of erosional processes
associated with ebb and flood velocities within the vicinity of the property. Longshore sediment
transport has been impacted via the installation of structures (i.e., bulkheads), migration of the
Cape Fear River, and turbulence and waves induced by marine traffic. Erosion is common in
areas where natural banks, which once impeded or redirected velocity vectors, have been
eliminated. Based on our observations, these velocity profiles are resulting in increased scouring
at the Oliver Property and erosion in the vicinity of the bulkhead on the Taylor Property. If these
conditions are not addressed, the Oliver Property will likely continue to erode and recede at an
accelerated rate. Further, these conditions, if left unabated, may jeopardize adjacent properties
that do not have bulkheads.
For many years the property owners downstream from this property have placed bulkheads on
their property to prevent the loss of their property from the erosion processes of the river. A
review of historical aerial photography shows a steady expansion of the bulkhead over the years
since construction of the first bulkhead. In building theses bulkheads, each property owner has
put pressure on their neighbor by speeding up the erosion process. Thus, there has been a chain
reaction by each property owner to build bulkheads to protect their properties.
If you have any questions concerning this response, please feel free to contact me at the
letterhead address, email at pbarbernae ,acerenv.net or (404) 520-9422.
Sincerely,
ACER ENVIRONMENTAL, LLC.
J. Patrick Barber
Principal
Cc: Ms. Sandra Berkow
applicant: %�� �I A�_ Permit #: (�C` +o
Z2)/
)ate: �/12... TT
)escribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
Fund in your Habitat code sheet.
abitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet
(Applied for. (Anticipated final (Applied for.
Disturbance total disturbance. Disturbance
includes any Excludes any total includes
anticipated restoration any anticipated
restoration or and/or temp restoration or
temp impacts) impact temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount)
Dredge ❑ Fill M/Both ❑ Other ❑
amount)
CSC (
—700
Dredge ElFill ElBoth ElOther ❑
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 ❑