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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. Project Location: County i �` I t V( 2—/Z �I�/-' ��t Street Address/ State Road/ Lot #(s) ;cU I i paState N(-ZIP Zk4i- c j -DhV\ L: (q-JQ) !J Ali_ f7 1Fax # ( ) Sul7i ivision Bid Agent TQMMK POZ.kq 0 &ry\L-)UCW 0Ae-INL- City ZIP � S 4L ❑ CW 21 EW XOTA ❑.DES n PTS \ CS' y Phone # ( ) River Basin ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body G/n ❑ PWS: ❑ FC: to yes / PNA yes /�i'dt Crit.Hab. yes / no Closest Maj. Wtr. Body Project/ Activity l� 0 CT AL -CM, L (Scale: ` k) length ` igth __.. nber I/ Riprap length distance offshore _ c distance offshore annel is yards_ P -- ;e/ Boatlift dldozing Length %Cil(� C❑ 1_ /1+Nb�V/�1 �........ not sure yes / - �� _ ! ❑_❑_ not sure yes 0 -- r gym: n/a yes ! I + es no l [cached: yes Do ig permit may be required by: `7S0(J7 M`-V,2 ❑ See note on back regarding River Basin r 1 /7-,) / d r iti ,:l i-rL: l special Conditionc ( r-) iN 0, n , X I f /) -1L `% 1.i. pug cu cu 1 e 4: 1 ern SULS t 1 Uh BU 1 LUEK5 U 1 O 454 U823 Avg--' �"'�`{moo awt ;;-'„� # s�� iouu,tt f'a'm cow'1w, 1, F-m AM360M40 (om �1ti1.1b1 Srllb 3iQ1 �57Ii�51 f.i,� 4 .17 CAk feat K ter k0 cw,1.c Ug ZU ZUIZ 4:15FM SULSTIGE BUILDERS 910 454 3823 P 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. -SRI 2 z f t 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— Ug LU eU1e 4:15rm 'UL511LL BU1LLLK, 51 U 45.4 uuej 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-- aOV t'A —� i'Hr. i•1a:ri : tiephone Num...'er -,;,I Arta Code NCDEN �V�N N..y V.•�d. y jl Via, 1 . •�.4• :�: is �. 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. W 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 ❑