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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 --- -..----- ---- ----- -------- -------- - - - ---------------- 6 G Ly---------- -- -- IIIIII IIIIII cnco IIIIII �' IIIIII �_ IIIIII co N U II III __ E co W � IIIIII IIIIII ' ' C:o IIIIII IIIIII O � U N IIIIII Z °' 0 N � � IIIIII x (a yr — — J L� p co m L M d W 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 - 51; L I T r I I - Z' iA .,j -4 1pl.l' -)."t 1f Ai; ji; J- li'l i - jv�m--k Al cl 1j; ! . , ';X .; I i i 'I I,,", , I Ij 1 $1, d �; - i J bt-i , - , �., i 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 2of7 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 3of7 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 4of7 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 5of7 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) 6of7 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 7of7