HomeMy WebLinkAboutGress, Michael 76627CAMA / ❑ DREDGE & FILL Np 76627
A B OC D
GENERAL PERMIT Previous permit#
New' ❑Modification []Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality ��/
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ///
% / ❑ Rule} attached.
Applicant Name ��/ �' f f�/ 7JU I % �/t ?t+ r� Project Location: County C w
Address ) (,I— 67.v Street Address/ St//ate oaacd/, Lot #(s)
City State A ZIP i1yo6 /// (GJ
Phone # )_ V27 -1 M it Subdivision
//1 r^
Authorized Agent C; ell ��'� �``' City ' ZIP 7.
Affected ❑Z* FT'EW ''f;J9fA Li ES ❑PTS Phone# ( ) River asin ✓
❑OEA ❑HHF ❑IH ❑UBA ❑ N/A
AEC(s): Adj. Wtr. Body 1,. W i,. Fa"t' man unkn
❑ PWS:
ORW: f�1/ no PNA yes /
Closest Mal. Wtr. Body
Type of Project/ Activity u
Pier (dock) length_
Fixed Platform(s) _
Floating Platform(s)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap le
avg distance o
max distance,
Basin, channel
cubic
Boat ramp
Beach
Other
Shoreline LengthVIL
SAV: not sure yes no
Moratorium: n/a yes
Photos: yes ' no,
Waiver Attached: yes no I
A building permit may be required by:
( Note Local Planning jurisdiction)
Notes/ Special Conditions
(ScaleA.f7f )
❑ See note on back regarding River Basin rules.
J
"Please read compliance statement on back of permit"
Fee(s) Check# Issuing
,,I &
Date
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 [)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, certifythatthis project is consistentwith the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑Tar- Pamlico River Basin Buffer Rules ❑Other:
❑ 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 INC Division of
Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the
Wilmington Regional Office (910-796-7215) for more information on howto comply with these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-8884RCOAST
Fax: 252-247-3330
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
401 S. Griffin St.
Ste. 300
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 - South of New River Inlet -
and Pender Counties)
http://portal.ncdenr.org/web/cm/dcm-home
Revised 7/06/ 17
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Michael Gresa
Mailing Address: 56 tNpavpr Trail
Phone Number: 919-427-2699
Email Address: michael@gressinc.com
I certify that I have authorized Harber Marine Construction
Agent i Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Demo storm damaged dock and
replace with hogslat at my property located at 8406 Sound Drive Emerald Isle NC 28594
in Carteret County.
I furtherrimore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application. I
Owner Information:
Signature
Michael Gress
Print or Type Name
Owner r-e6 b-a f-
Title
2 1-2,-�-Jb
Date
This certification is valid through 12 1 31 20
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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Carolyn King Trustee 's
(Name of Property Owner)
property located at 8408 Sound Drive
(Address, Lot, Block, Road, etc.)
on Bogue in Emerald Isle N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
X I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill in description below or attach a site drawing)
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, 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,
l d " I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State/Zlo
Telephone Number/email address
Date
'Valid for one calendar year after signature*
( l ent Property Owner Information)
Signatu •e
Prinf or Type Name
PO Box $072 (8410 Sound Drive)
Mailing Address
Emerald Isle NO 28594
9
959
!F2
k4l staeblerhomes@embargmaii.com
Telephone Number/email address
5/19/20
Date*
(Revised Aug. 2014)
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Michael Gress 's
(Name of Property Owner)
property located
8406 Sound Drive
(Address, Lot, Block t Road) etc.)
on Bogue , in tmerale Isle N.C.
(Waterbody) (CityfTown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
Icatjbn.
j` I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, 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.)
c 1 do wish to waive the 15' setback requirement.
1 (_ I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State/Zip
Telephone Number/email address
Date
Valid for one calendar year after signature'
(Ad nt Pro caner rmatlon)
Signature"
Daniel Cushing
Print or Type Name
8404 Sound Drive
Mailing Address
Emerald Isle NC 28594
City/Stale1bp
336-253-4652
Telephone NuTber/email address
�? 7;
Date*
(Revised Aug. 2014)
�GV
Melanie Arthur 3P
Carteret CountRegister of Deeds
JL Date 08/19/2602 T}➢te_ 10:3,.k:00
OR 951111 PI a 1 of, 3
NORTH CAROLINA, CARTERET COUNTY '
The foregoing cartifIcate(s) of Notary Public(s) is/are
certified to be correct. This Instrument and this certifi-
cate are duly registered at tho date and time and In '
the gook and Page shown on the first page hereof. ,
I l Ad U. R is r cells ,
BY nnuta . m odm
Power of Attorney
Power of Attorney from Carolyn Riggs King
to Joni King Brooks
July 19, 2002
BOO � (r PAGE �{----�?
,O
(If power of attorney is to be a durable power of attorney under the provision of-Article-2v
of Chapter 32A and is to continue in effect after the incapacity or mental incompetence of
the principal, add: >This power of attorney shall not be affected by my subsequent
incapacity or mental incompetence.=)
(If power of attorney is to take effect only after the incapacity or mental incompetence of
the principal, add: >This power of attorney shall become effective after I become
incapacitated or mentally incompetent.=)
(If power of attorney is to be effective to terminate or direct the administration of a
custodial trust created under the Uniform Custodial Trust Act, add: >In the event of my
subsequent incapacity or mental incompetence, the attorney -in -fact of this power of,
attorney shall have the power to terminate or to direct.the administration of any custodial
trust of which I am the beneficiary.=)
(If power of attorney is to be effective to determine whether a beneficiary under the
Uniform Custodial Trust Act is incapacitated or ceases to be incapacitated, add: >The
attorney -in -fact of this power of attorney shall have the power to determine whether I am
incapacitated or whether nay, incapacity has ceased for the purposes of any custodial trust
of which I am the beneficiary.=)
Dated this ✓� day of —,TIA,-LY =_�j p V,
L)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
On this day ofjUc _ _—Y , personally appeared before me, the
said narn ,PN (6E5 f to me known and known to me to be the person
described in andwhoexecuted the foregoing instrument and he acknowledged that he
execut a.6e and being duly sworn by me, made oath that the statements in the
foregE tf}" uinent, are true.
one
•..e s-4 '&ta ublic r +oRTFt auN�.CnaseaErcoutm
The foregdng 08 fit atofa> of Notary and this ire
verified to be correct. TMs insaumant and this corafr
uiy't,p,ryr�roton fix _iris: (—c�tJ-2Lr33 cafe are duty registered Ma data and ri heanrd in
1+ � • . ,. R. the Bock Page stwwn on the tirsF
ArtlmG R691,
/ BY ntwioms *we...dow+ .�.
BOO _`_- - PAG L_...
STATUTORY SHORT FORM POWER OF ATTORNEY -
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
SWEEPING. THEY ARE DEFINED IN CHAPTER 32A OF THE NORTH
CAROLINA GENERAL STATUTES WHICH EXPRESSLY PERMITS TI4E USE OF
ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY
THE PARTIES CONCERNED,
STATE OF NORTH CAROLINA
COUNTY" OF WAKE
?���t f' y' J i�'ppuint �Invself�Yattorney-in-1 ct, to ac i my name any wa which i could , with respect
to the following matters as each of them is defined in Chapter 3 2 A of the North Carolina
General Statutes. (DIRECTIONS: INITIAL THE LINE OPPOSITE ANY ONE OR
MORE OF THE SUBDIVISIONS AS TO WHICH THE PRINCIPAL DESIRES TO
GIVE THE ATTORNEY -IN -FACT AUTHORITY)
(1)
(2)
(3)
real property transactions;
personal property transactions;
bond, share, stock, securities and commodity
transactions;
(4) banking transactions;
(5) safe deposits;
(6) business operating transactions;
(7) insurance transactions;
(8) estate transactions;
(4) personal relationships and affairs;
(10) social security and unemployment;
(11) benefits from military service;
(I2) tax matters;
(13) employment of agents;
(14) gifts to charities, and to individuals other than
the attorney -in -fact;
(15) gifts to the named attorney -in -fact;
(If power of substitution and revocation is to be given, add: >i also give to such person
full power to appoint another to act as my attorney -in -fact and full power to revoke such
appointment.=)
(If period of power of attorney is to be limited, add: >This power terminates....., ....,.=)
BOOKS `- PACE
Cannon, Amanda 1
From: Davenport, Ryan
Sent: Tuesday, May 26, 2020 9:32 AM
To: Cannon, Amanda J
Subject: FW: [External] Signed Bipartite Dock Agreement
Attachments: Gress -King Bipartite Agreement signed.pdf
From: Joni Brooks[mailto:jonikingbrooks@gmail.com]
Sent: Saturday, May 23, 20201:40 PM
To: Davenport, Ryan <ryan.davenport@ncdenr.gov>; Teresa Brewer <teresa@harbercontracting.com>
Cc: Austin Brooks <adbrook5@ncsu.edu>; Michael Gress <Michael@gressinc.com>
Subject: [External] Signed Bipartite Dock Agreement
you verify. Send all suspicious em s an attachment to
Good Afternoon Ryan and Teresa,
Attached is the signed copy of the agreement. Please advise if additional information is needed. It will be
recored with the Carteret County Register of Deeds.
Sincerely,
Joni Brooks
k
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STATE OF NORTH CAROLINA BIPARTITE DOCK EASEMENT AGREEMENT
COUNTY OF CARTERET
This Bipartite Dock Easement Agreement entered into this&=�_Day of May, 2020, by
and between Michael E. Gress and wife, Amanda D. Gress, % Weaver Trail, New Hill. NC 27562.
herein "Gress", and Carolyn Rrggs King, co -trustee of the Carolyn Riggs King Revocable Living
Trust, dated November 27, 2010, 8408 Sound Drive, Emerald Isle, NC 28594, herein "King
WITNESSETH:
Whereas, Caro" King Riggs as co -trustee of the Carolyn Riggs King Revocable Trust. (First
Amendment dated May 9, 2019), is the owner of all real property known, designated, and described as Lot-
4, Section A, as shown on Map/Plat Book/Cabinet 7, PagelSlide/File 89, Carteret County Registry, which
description is hereby referenced, is acquired by instrument recorded, through a deed recorded in Book 13
61, page 65, Carteret County Registry; with King Property being located immediately west of and abutting
Lot 3 owned by Gress;
Whereas, Michael E. Gress and wife, Amanda D. Gress, are the owners of Lot 3, Section A, as
shown on the map titted "Map of Emerald Isle, being a portion of Block 260," as recorded in Map Plat
1 of 7
Book 7, page 89, Carteret County Registry, as conveyed in Book 1473, page 173. Carteret County
Registry, with Gress' property being located immediately east of and abutting Lot 4 owned by King;
Whereas, Gress and King propose to rebuild and locate a dock on the common boundary line
between King's Lot 4 and Gress' Lot 3, said common line being the cast of Lot 4 and west line of Lot 3,
and the dock once reconstructed and built is intended to be shared by the owners of Lot 3 and Lot 4 as
it was jointly constructed and is physically attached to and located within the riparian rights of Lot 3 and
Lot 4;
Whereas, the Parties hereto now desire to provide for the use, maintenance, upkeep, repair, and
replacement of the dock through this agreornonL as the common dock was built by the owners of Lot 3
and Lot 4 jointly and will be jointly maintained from time to time, and the Parties hereto desire to agree
as to the continued joint use of the dock and the rights and responsibilities of the Parties as to payment
of continuing maintenance costs, the right of use, maintenance. and associated matters; and
Novi, therefore, in consideration of the mutual terms and conditions set forth herein. the
Parties have agreed as follows:
I. Joint Oock E,"gment. The Parties hereto agree that a common dock may be built and
located on the common boundary of Lot 3 and Lot 4, with the construction costs of the common dock to
be shared, and, that upon completion, the common dock shall remain in place and be used, repaired. and
replaced as set forth herein. Further, that setbacks under the Coastal Area Management Act, herein
" CAMA." are waived for the continued location, access to. repairs. and replacement of the common dock,
and the common dock shall be available for use by the Parties hereto and their heirs, successors in
interest and assigns, tenants, lessees, and invitees, in accordance with this agreemont. The dock is
located within the riparian rights of 1.01 3 and Lot 4. The owners of Lot 3 and Lot 4, and their guests,
tenants, lessees, and invitees may cross from one lot to the other to the extent necessary and reasonable
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to access and use the common dock. The owners of both lots and guests, tenants, lessees, and invitees
shall have access to and from dock.
2.Construcdon Exoen King and Gress shall share equally, unless otherwise agreed upon, in the
cost of constructing and completing the dock and the installation of plumbing and electrical facilities to
the dock. The costs to be shared include the costs of securing the permits, the services of a CAMA
consultant, labor, materials, and construction costs associated with the completion of Ore basic dock,
excluding lifts, and the labor, materials, and costs associated with running and installing or upgrading
existing water and electrical utilities to the dock.
3. Construction and A$sionment of boat lifts. In the event each party chooses to install a lift. King shall
be responsible for the costs of construction of a lift on the west side of the common dock, and the
westemmost lift shall be assigned to King as the owner of Lot 4 and shall be appurtenant to Lot 4. Gress
shall be responsible for the costs of construction of a lift on the east side of the common dock, and the
easternmost lift shall be assigned to Gress as the owner of Lot 3 and shall be appurtenant to Lot 3.
Each respective slip and the assignment of the same shall be binding on and inure to future owners
of Lot 3 and Lot 4 and their guests, tenants, lessees, and invitees.
4. Ownership. Managgmant and Control of pock. As the dock is located along the common boundary of
Lot 3 and Lot 4 with approximately 50°% of the dock located on each lot with the extension of the
common boundary northerly, and, with the dock being jointly located within the riparian rights of each
lot, such location and ownership of the common dock is subject to the casements granted herein for
the continued location of the dock, to the easements granted for access to the common dock.
5. Budget Rules ManagtxMn of ode. The owners of Lot 3 and Lot 4 shall meet annually in order to
establish a separate budget for the dock, to assess Lot 3 and Lot 4 for their respective shares of such
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expenses, to attempt to agree on the need or necessity for repairs, the payment and budgeting for
utilities, replacement, liability insurance, and other associated costs, and, generally, to provide for the
management of the dock. Minutes of the meeting shall be maintained, and the minutes shall be
signed by the owners of Lot 3 and Lot 4 indicating their agreement with the matters therein. In the
event the owners reach an impasse as to any item, the matter shall be submitted to binding
arbitration with the two owners selecting mutually a third -party considered fair and impar►ial by the
parties to CPA, attorney, reaftor, builder, etc.) to confer with and to make a decision to break the
impasse. Such arbitration shall be invoked by notice in writing setting forth the impasse tram one
owner to the other, and, thereafter, the parties shall submit to the other a list of 3 proposed impartial
third parties to be considered. The persons on the lists shall not be related to the parties, shall have
no financial interest in either lot, and shall not have worked for or previously been involved in any
business or personal relationship with either party- The parties shall attempt to agree as to the third
person, and, upon such agreement, a meeting shall be held and a decision made regarding the
subject of the impasse. If the parties are unable to agree, then the Clark of Court for Carteret County
shall select a third person. The costs of arbitration shall be equally shared.
6 oss, ind Expenses. The owners of Lot 3 and Lot 4 shall share on an equal basis the cost
Sharing of C
of maintaining the dock, including but not limited to insurance, maintenance, repairs, and
replacement. Upon adoption of the budget and notification to each owner of his or her portion,
upon non-payment, the owner not in default shall have the right to enforce payment including the
right to file a civil action to recover all sums duo, and, in the event it becomes necessary, to hire
an attorney to enforce payment and to collect sums due, the owner not in default shall have the
right to recover a reasonable attorney fee.
Each party is responsible for its own expenses associated with enhancement or features not
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shared with the other party or deemed not needed for the functionality of the dock. King shall
provide and pay for ongoing electrical utilities and Gress shall provide and pay for ongoing water
utilities.
7. Cgnciituxj;i of Joint Use. The following conditions shall be applicable:
A. Liability insurance regarding injuries from use of the dock shall be maintained by each lot owner,
insuring that each owner of the water accuss easement, dock, and slip, and their guests, lessees,
and invitees in such amounts and on such terms as the Owners at each annual meeting deem
necessary. Each Owner shall be provided written evidence of such coverage under each Owner's
policy, and, in the event the Owners are unable to provide reasonable coverage under each
owner's separate homeowner's coverage, then the two owners shall acquire and maintain a
separate liability policy covering the dock,
B. All costs of repairs, maintenance, and reconstruction of the dock or parts thereon shall be shared by
the owners of Lot 3 and Lot 4 on an equal basis. In the event of damage or destruction, the two
owners shall reduce the plan for repair, restoration, or reconstruction to writing and attempt to
agree as to each lot owner's respective share in advance before reconstruction or repairs are
begun The dock may be rebuilt or reconstructed in the same location with the Parties waiving all
State and Federal setback requirements and consenting to the relocation of the dock in its present
location.
C. Any cost of utilities to the dock shall be shared equally by owners of Lot 3 and Lot 4.
O. None of the lot owners or their guests, tenants, lessees, and invitees shall use the dock or adjoining
waters in such a manner as to block use of the dock and adjoining waters by another party except
as permitted herein or during brief periods of time for unloading or during other prearranged times.
E_ Both Parties shall refrain from using the dock after sunset for parties, the playing of loud music,
or the creation of noise which interferes with the use and enjoyment of either nearby residence.
Both Parties, including but not limited to their guests, lessees, and invitees, shall riot act with
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malicious intent or engage in destructive behaviors in which property damage or loss of life
may occur. Each owner accepts total responsibility for their guests, lessees, and invitees, who
use the dock, platform, and beat lifts, and, by providing permissions fully acknowledges
responsibilities and assumes all risks and will not hold the other non -responsible Parties
financially liable for damages, injury, or loss of life resulting from accidents. malicious intent, or
improper use.
9. Bindina Effect. This agreement is subject to modification, amendment, or termination by mutual written
agreement This agreement is binding upon the owners of said lots and their hairs, successors.
and assigns, and is appurtenant to ownership of Lot 3 and Lot 4.
10. Permanent Nature and Binding Effect. This bipartite dock easement is permanent and shall be
appurtenant to the respective properties of the Parties hereto and shall both inure to and be binding
upon the Parties and their heirs, successors in interest, and assigns, as well as their tenants.
lessees, guests, and pormittees.
To Have and to Hold Said Easement unto each Party hereto and each Party's heirs,
successors and assigns, in accordance with the terms and conditions set forth heroin.
In Witness Whereof. the Parties have executed this easement on the day and year above written
7'd. �eal)
Joni Kin rooks, P.Q.A. f r royn Riggs King, co-1
Michael E. Gress
— O V I
•
(Seal)
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State of North Carolina
County o
I, a Notary Public, ofe&:kX4?+ County, North Carolina, aforesaid, certify that Joni King
Brooks, P.O.A. for Carolyn Riggs King, co -trustee has personalty appeared before me this day and
acknowledged the execution of the foregoing instrument.
Witness My Hand and Official Stamp or Seal, this thA3_ day of I I 94A Month of 2020-
"�e'�p'�A7�1•-
Notary I'uhlic
My Commission
State of North ro/llino
Countyof
I, a Notary Public, of 6- _,_, County, North Carolina, aforesaid, certify that Michael E
Gress and Amanda D. Gress have personally appeared before me this day and acknowledged the
execution of the foregoing instrument. cccc.�r�
Witness My Hand and Official Stamp or Seal, this the day of 7/' f�"?e Month of 2020
V
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