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HomeMy WebLinkAbout39768D - Oppeyaard NM 8q768 0 CAMA /t DREDGE & FILL _ GENERAL PERMIT Previous permit# >� 'New Modification Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC "7 /./) L_Rules attached. Applicant Name (Y\I- elv R.. 0 PPP JAA-k ) _ Project Location: County ftjj' j` Address 4,0...)0) (,q.-leo/eAdef 31 1.)I\ Street Address/State Road/Lot#(s) /b 0d (r4-r O/,A.A City .i-1)95/!',1 t 4 state /NOZIP c`�eYY1 e�/ If u L.o`j -? 5 , ;,�/u 313' Phone # (q/ta 5/7-/`1t-/3Fax#( ) Subdivision 51.461r JiVAP• Authorized Agent A frrt*{— f,t e City t)5A2, 1 344tif ZIP d eV c/S Affected cw VIA ElES PTS Phone # ( _ ) River Basin ( Pg- AEC(s): OEA ❑HHF ❑IH ❑UBA N/A Adj.Wtr. Body PSA',( 51(AAvD aelP man /unkn) PWS: ❑FC: ORW: yes / no PNA yes / Crit. Hab. yes / no Closest Maj.Wtr. Body ���'J SdH� Type of Project/Activity t tL) t2 P, e P. p u 7 `7 (24 i. 1p. 1- 1L P.(°IE 5 (Scale: ) Pier(dock)length `""��' "� � E. �' � ���s____ _- - Platform(s) (, x/0 i 4t4 /k11/ P vseNQ -'- Finger pier(s) P rS fe" �•_t 6 °9) /�Groin length ) ice►�r4 number t ' --- -- 6 Bulkhead/Riprap length 1}'% S S IciA { 0 NC' �Cr°�#Lw 161?U�, avg distance offshore U La/4/2- --/3 MA.; U'P 9 max distance offshore /� Stv l C Basin,channel - �Jh1_L...SIS cubic yards Boat ramp_ + __ 5 x' 8P-P►P! y , 4\NNet� Boathouse Boatli r'3 /�� AR.� oe Beach Bulldozing r Other f/JAI.1 L K/O f , . . ..._ N>✓e tie i Shoreline Length - -_ AA 1) °PPt� SAY: not sure yes no — ----- Sandbags: not sure yes no P • • 1 Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: rDpsKit e..kt k1 . 7 See note on back regarding River Basin rules. Notes/Special Conditions 1 e' n Qy yi " 52'/i/v' Agent or Applic, NPrinted Permit is ignature 3. -o7—o41 677-07-05' Signature **Please read compliance statement on back of permit** Issuing Date Expiration Date `� ti� -p P5A;1 6 c# S! ) b7,)lit Application Fee(s) T/fit 1 Check# i/JQ�( 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 I)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 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 NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington Regional Office(910-395-3900)for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Washington District Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall 1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889 Raleigh, NC 27699-1638 252-264-3901 252-946-6481 Location: Fax: 252-264-3723 Fax: 252-948-0478 Parker Lincoln Building (Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie, Hertford,Hyde, Dare,Gates, Pasquotank and Perquimans Tyrrell and Washington Counties) 2728 Capital Blvd. Counties) Raleigh, NC 27604 9I9 733 2293 / 1 888 4RCOAST Morehead City District Wilmington District Fax: 919 733 1495 I5 I-B Hwy. 24 127 Cardinal Drive Ext. Hestron Plaza II Wilmington, NC 28405-3845 Morehead City, NC 28557 910-395-3900 202-808-2808 Fax: 910-350-2004 Fax: 252-247-3330 (Serves: Brunswick, New Hanover, (Serves:Carteret,Craven,Onslow-above Onslow-below New River Inlet-and New River Inlet-and Pamlico Counties) Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 GENERAL PERMIT COMPUTER FORM APPLICANT NAME: rl l\-6 ti e lJ o ADDITIONAL NAMES: `�L 1M v`� N e AEC DESIG: I i "T DEVELOP AREA:_0 O PROJ DESC: P - D- (Will only take 6) (Will only take 1) WORK: e �' �'. -..� CAL 13 , l3 you (Will only take 4) 6 U 5 (,CO MAINT: (Will only take 4) IMP: Q \„J 4:-Iitfl C)aY (will only take 6) ACTION EXPIRATION DP_EDGE&FILL REQUIRED: CAMA MAJOR DEVEL REQUIRED: , a -0 7-61 j 0 3-07-6 S • DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: ,, _. 0 e _ �A & � OAC3� 4-44 ; Address of Property: 1 lL C A00-a l t„\a ' \� 1J e �'�S/v,1 (Lot or Street#, Street or Road) (City and 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. /,Qs&J I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 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,boat house or boat lift must be set bck 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\ ,G.; I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Sign Name Date . Print Name 4617/92i • `\` ° LS- "4-1 ._ NCDENR Telephone Number with Area Code NORnI CAROU.A DawrrMEr.r ENVIRONMENT AND NATURAL RESOURCES S:\cama\shells\riparianproperty.frm „w gL4} t ° 0 ;0 i • - I0 C 7 i fly �‘0.a•k.i.„ � k_ J•. , r(aa i,,,S «-lam got P�. �100.�“h5 1���L Z1 5� 1 Ft Oa i�� b�oc.lc 6 c L'3' . . iLiandiiiamm...... N'% `), o it A'‘ (° o r �ry � ►e t-- �oc�c l fr /� h,<- �� ��dp�v � o , ��� Q carki I� P�h n e\� -ter lC- ti r Op e,A.ArL� 5 tr I< lit _ Spy �, :. * O :r1 e* Ss ok �� (��= 30` I,,o� a,3 i� L'\ — 3 g' Locality Permit Number • Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER Name M \ `4-° . Op4eo CD-' rd Address 7 0 13 t0`i- 3 (Da City \ O SA%\ C-ALA-- State N C _ Zip `75 Phone o11 0—3�cZ- LJ'3I AGENT e1 l q o— `�'�— "A- AUTHORIZED Name Address City State Zip Phone LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody?) � O. h'(s tire_ — 1 1p O a �' ArO� rq v�, '\0�� Cr o -ro o Sr S L r a Q d- 5 O 7 71 o r's d o, A-u e DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) CO r \C-- Lc V c C Ar.,-\- o k '1 ,.\-\k—q BC"' � SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential (Single-family Multi-family ) Commerical/Industrial Other ✓ S 0TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- RONMENTAL CONCERN (AEC): square feet (includes all floors and roof-covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT-UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): sq. ft. (Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) Choose the AEC area that applies to your property: within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters (3) within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Manage pent Permit issued by the N.C. Division of Water Quality? YES NO If yes, list the total built-upon area/impervious surface allowed for your lot or parcel. square feet. , 111,,,,,. !1-4,‘ 11\m„.... $4 c l C j APPLICATION FOR 41. it 7 , oCAMA MINOR Z y s aIL, DEVELOPMENT , Iv ' ', „,,,,,, - e ,,, i 41, it. PERMIT -111,044, .6 In 1974, the North Carolina General Assembly passed the Coastal Area Y _ Management Act and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to imple- ment clear regulations that minimize the burden on the applicant. This application for a minor development permit under CAMA is part in of the Commission's effort to meet the spirit and intent of the General 6:-.--‘,X)5°.----Assembly. It has been designed to be straightforward and require no /� more time or effort necessary from the applicant. Please go over this +� folder with the Local Permit Officer(LPO) for the locality in which you l plan to build to be certain that you understand whatinformation he or she needs. C Under CAMA regulations, the minor permit is to be issued within 25 ..\72days once a complete application is in hand. Often less time is needed if t /�C� the project is simple. The process generally takes about 18 days. You ' l ' can speed the approval process by making certain that your application r 6: ..„..........."*. is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related,we urge you to check with the ) Local Permit Officer to determine which of these you may need. A listing is included on page 2 of this folder. r 4 Alm '14111r :yid it / We appreciate your cooperation with the North Carolina Coastal Man- b agement Program and your willingness to build in a way that protects ' . , the resources of our beautiful and productive coast. {' •=: : .; Coastal Resources Commission Division of Coastal Management :, r, OTHER PERMITS MAY BE REQUIRED:The activity you are planning may require permits other than the CAMA minor development permit.As a service we have compiled a list of the kinds of permits that might be required.We suggest you check over the list with your LPO to determine if any of these apply to your project:Zoning,Drinking Water Well,Septic Tank(or other sanitary waste treatment system),Building,Electrical,Plumbing,Heating and Air Conditioning,Insulation and Energy Conservation,FIA Certification, Sand Dune,Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway,Connection,and others. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as: (check one) V an owner or record title.Title is vested in k ��o-, �. OP .-P-ft-, see Deed Book t^n4OCodr1'9 page- 'i a in the \ County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) ` �j (Address) (1) L.VP— \�ti.\\ L1. ct.4 3 \ D w1 C��V �2� �r .�� .4e t-Q-\ rJ.L._� c< ...a]0"� (2) a r r 0 c> o 12 (0`f- 3 0 03 �-CD-c- SAN\ �xaEs�-� 6.0 . (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- ated with this lot.This explanation was accompanied by recommendations concerning stabilization and floodproofing tech- niques. PERMISSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for$100.00 made payable to the locality, and any infor- mation as may be provided orally by the applicant.The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit.Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This the_*day of ]�e_c . , 0 0 4- Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. SITE DRAWING/APPLICATION CHECKLIST ease make sure your site drawing includes the following information required for a CAMA minor development !rmit.The drawing may be simple and not necessarily to scale.The Local Permit Officer will help you, if quested. HYSICAL DIMENSIONS Label roads Label highways right-of-ways Label local setbacc lines Label any and all structures and driveways currently existing on property HYSICAL CHARACTERISTICS Draw and label mean high water mark Draw location of on-site wastewater system you will be working in the ocean hazard area: Draw and label dune ridges (note height) Draw and label toe of dune Identify and locate first line of stable vegetation Draw and label setback line under CAMA Draw and label topographical features (optional) you will be working in an estuarine shoreline area: Draw and label landward limit of AEC Describe terrain (slope) EVELOPMENT PLANS Draw and label areas that will be disturbed If a house is to be placed on lot, describe location of house Note size of piling and depth to be placed in ground Draw and label all areas to be paved or graveled Describe composition of surface Note and list fully all trees and vegetation to be removed or relocated Show landscaping 3TE TO APPLICANT we you: • completed all blanks and / or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing/ • signed both application and statement of ownership? • enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections )ate of Action: Issued Exempted Denied Appeal Deadline (20 days) levised 3/2003 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER.NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: NV, \..-Vo R 0 t P ���� r cl, Address of Property: Le0-\-- 3 4-31t wb - Vs\c (Lot or Street#, Street or Road) N `\---,Ste'\ Cam. C_. c-oL\ —TO c s i l i e-nc.),n R e,.-.d e.r-- (City and 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, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 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,boat house or boat lift must be set bck 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. I do not wish to waive the 15' setback requirement. �7. / (.3 Si Name Date c PUi_LA RJ . Print Name �fi !' � • • 9iO NCDENR Telephone Number with Area Code NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NRURAL RESOURCES S:\cama\shells\riparianproperty.frin AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Date Lot Was Platted: 1 °\ k-o 0 5 SPECIAL NOTE: This hazard notice is required for This notice is intended to make you,the applicant,aware development in areas subject to sudden and massive of the special risks and conditions associated with storms and erosion.Permits issued for development in this area expire on December 31 of the third year following the development in this area, which is subject to natural hazards such as storms,erosion and currents.The rules of year in which the permit was issued.Shortly before work the Coastal Resources Commission require that you begins on the project site, the Local Permit Officer will receive an AEC Hazard Notice and acknowledge that determine the vegetation line and setback distance at your notice in writing before a permit for development can be site.If the property has seen little change and the proposed issued. development can still meet the setback requirement, the LPO will inform you that you may begin work.It is impor- The Commission's rules on building standards,oceanfront tant that you check with the LPO before the permit expires setbacks and dune alteration are designed to minimize,but for official approval to continue the work after the permit not eliminate, property loss from hazards. By granting has expired. Generally, if foundation pilings have been permits, the Coastal Resources Commission does not placed and substantial progress is continuing, permit guarantee the safety of the development and assumes no renewal may not be necessary.If substantial progress has liability for future damage to the development. not been made, the permit must be renewed and a new bythe Coastal setback line established. It is unlawful to continue work The best available information,as accepted after permit expiration without this approval. Resources Commission, indicates that the annual ocean ero on rate for the area where your property is located is feet per year. For more information,contact: The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as ' 'r"1 C-aY.\ much as IS`' feet landward in a major storm. Local Permit Officer The flood waters in a major storm are predicted to be about 0 S. 8. (} feet deep in this area. x \ e.J-e t,,) C\7.C . Q_c<`kA-1-_ Preferred oceanfront protection measures are beach Address nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, l 0v. d-c 1 &A-k \ 3 1 seawalls,revetments, groins,jetties and breakwaters are Locality prohibited.Temporary devices,including sand bags,may be allowed under certain conditions. q1 0 — 3 D-Nq — 3 to 0 This structure shall be relocated or dismantled within two Phone years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature,the application will not be complete. Applicant's Signature a \ �- c '-- Date Revised 11/93 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calculated whichever is greater.If the erosion rate is greater than 3.5 risk.Natural forces of water and wind collide with tons of feet/year,the setback is 30 times the erosion rate plus 105 force,even on calm days. feet. Man-made structures cannot be guaranteed to survive the The Reasons force of a hurricane. Long-term erosion (or barrier island The beachfront is an ever-changing landform. The beach migration)may take from two to ten feet of the beach each and the dunes are natural "shock absorbers", taking the year and, sooner or later, will threaten oceanfront struc- beatings of the winds and waves and protecting the inland tures. These are the facts of life for oceanfront property areas.By setting back 30 or 60 times the annual long-term owners. erosion rate,you have a good chance of enjoying the full The Coastal Resources Commission (CRC) has adopted life of the structure.At first,it seems very inviting to build rules for building along the oceanfront. The rules are in- your dream house as close to the beach as possible,but in tended to avoid an unreasonable risk to life and property five years you could find the dream has become a and to limit public and private losses from storms and nightmare as high tides and storm tides threaten your long-term erosion.These rules lessen but do not eliminate investment. the element of risk in oceanfront development. The Exception As you consider building along the oceanfront, the CRC The Coastal Resources Commission recognized that these wants you to understand the rules and the risks.With this rules, initially passed in June of 1979, might prove a knowledge you can make a more informed decision about hardship for some property owners.Therefore,they es tab- where and how to build in the coastal area. fished an exception for lots which cannot meet the setback requirement.The exception allows buildings in front of the The Rules setback line if the following conditions apply: When you build along the oceanfront, coastal manage (1) the lot must have been platted as of June 1, 1979,and ment rules require that the structure be sited to fit safely not capable of being enlarged by combining with adjoining into the beach environment. land under the same ownership,(2)development must be Structures along the oceanfront must be behind the frontal as far back on the property as possible and in no case less dune,landward of the crest of the primary dune and set than 60 feet landward of the vegetation line, (3) no back from the first line of natural stable vegetation a dis- development can take place on the frontal dune(4)special tance equal to 30 times the annual erosion rate(a minimum construction standards on piling depth and square footage of 60 feet).Large structures(multi-family residential struc- must be met and (5) all other CAMA, state and local tures greater than 5,000 square feet and non-residential regulations must be met. structures greater than 5,000 square feet)must be set back The exception is not available in the Inlet Hazard Area. from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate or 120 feet, To determine eligibility for the exception,the Local Permit Officer will make these measurements and observations: I � required setback from vegetation line I4 SETBACK SETBACK It STABLE LINE OF It STABLE exception setback(maximum feasible) 160 x ANNUAL' 30 x ANNUAL I NATURAL Don AVERAGE AVERAGE VEGETATION rear property line setback U 'EROSION EROSION RATE I RATE max.allowable square footage on lowest floor Q QO 1 D I I I Iot area as calculated from vegetation line 1 piling length needed to extend 4 feet below MSL (LARGE (SMALL STRUCTURES) I STRUCTURES) PRE-PERMIT STRUCTURE;INADEQUATE SETBACK PERMITTED STRUCTURE; PRE-STORM BEACH PROFILE ADEQUATE POST-STORM BEACH PROFILE SETBACK ONE YEAR AFTER STORM/BEACH REBUILDING _ ———— -ems—_ After the storm,the house on the dune will be gone. The other house has a much better chance of survival. BANKS CHANNEL ,FLOATING / o 40. DOCK \ - \ ,FLOATINGDOCK / ,FL DOCKOATING \ FLOATING DOCK leit e 111 FLOATING P� `` 121 100 DOCK o 0G • 00° boa 1g _1 , 0 .5 0 09 k =ter � O vs 1 g0 k. 0 Ogg 0 9��0P0 `go, ���c /X 1' Y� 10 SP1 PG 2 a ` k. • v C� �k� s�s� `g�g� / ��C.y^ fl- / 1y �43 ,y Vs*.c^� "�\•ram O�• �\\ $O� Q) 0 � Z�� \/ DUMPS � � C. Py-O `\ // \ ' \ EIS G ` 0 CEO \ / .P / po •Ii\- V .\\ 6 ev , . \ N % OTC/ / \�t f0/AREA ` i EIS `.�, pY'�p- / / o, a 'ono, 9,870 SF co. 0 F r5 n f i -; /JF%� ??`� 61 10 1( r'E�G�o ���E7P O N 80'31'ST --_____"\ o y \- p p 0.85' FROM CORNER rn �(g�� I������ "P�� `�,� 6�1 h 0 'r' 61 PP \ �� 1 10 5 0,"' .''� o Op'E LOT No. 16 6 /. = 1 BLOCK 40 \ O / / ►� CONCRETE w,,X � ` 61 3rd SUBDIVISION ,� °�S�£a ass s' NEW TOPSAIL BE4CH t � i� - 10 "'9. MB 4, PG 2 �o/o �.�lt 'ern"` ,C.' 6 �o- e_ = .� N 39'40"00"W 61' k 0 c o: S 6'23'16"W `�"' ISS ® 2.41" LIFT STA\ �� �c9. 'tip in `to. '� sc. SO. FROM CORNER \ Fo\ �°P. N 5. 'ro- `g 00, y C`' Q LOT No. `23 �Z;594A1ANC OF \ 6� •s�� <of �" / / BLOCK 38\ n c \ l o o / \ A{L. Cl inns n.�,.... �\ �V 0.J \ -.Cr_ N if-in AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Certified Mail# 7004 2510 0001 8280 0055 Return Receipt Requested January 3, 2004 Mrs. Ann Johnston Post Office Box 3034 Topsail Beach,North Carolina 28445 Dear Mrs. Johnston: This letter is in response to your December 20, 2004 letter regarding your concerns about the pier being constructed by Milton R. Oppegaard at 1602 Carolina Blvd., adjacent to Topsail Sound, in Topsail Beach. in Pender County. Your letter was received in this Office on January 3, 2004. A CAMA General Permit was issued to authorize this development on December 7, 2004. I have enclosed a copy of the General Permit and the applicable rules that govern the construction of piers, docks and boat houses in estuarine waters and public trust areas. 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. Unfortunately more than 20 days have passed since the permit decision. I have enclosed the applicable forms and instructions that should have been filed prior to that deadline. Please contact me at (910) 395-3900, if you have any questions, or if I can provide any additional information. Sincerely, Jim regson Dist ict Manager cc: Ted Tyndall 127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax: 910-350-20041 Internet: http:!/dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Rr AMA/ n DREDGE & FILL ! �"� :. GENERAL PERMIT _ �� Ci ew. ❑Modification ❑Complete Reissue ❑Partial Reissue DatePrev rsous permit# Date previous permit issued 4s authorized by the State of North Carolina,Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC 7 4. 1";;_;(3 QRules attached. \pplicant Name iyi,j--tuv R. 0 p,0 J,•,�-, •i) Project Location: County ff�P' address / Q� . /� (4)/4(9,i- , v Street Address/State Road/Lot# s1 :ity neck=%( 1.j.s.4 - State /1iC ZIP 0�VVi ti �( ) / ,r : ' -•,,r t f; 'hone#(C/f+l) 57--f?-/,1-13Fax#( ) Subdivision / -•' �:�t i; -;; • ,V uthorized Agent 41.?cr ';i-'AA ;,N" City .)!:,:i_ : :-3.�,•;t ZIP %�-- d ,ffected ❑CW ❑EWE PTA 7 ES ❑PTS Phone# ( ) River Basin _ =' ,EC(s): ❑OEA ❑HHF C IH E UBA ❑N/A ❑PWs: Adj.Wtr. _Body • . EFC: (nat /man /unkn) IRW: yes / no. PNA yes / no Crit.Hab. yes / no Closest Maj.Wtr. Body �''- °' - ` 5`�'iA C'd ,-- Type of Project/Activity ::K;;,1:1 -, o; Pier(dock)length'-`'•S'I)' -,c ,tu am - 'c ,f =-'-ci 4 04 p`+ — -,,- , -(Scale: / ) J Platform(s) Cc; r\it ' —,i ;.+j:' � i ' �� Finger pier(s) g J fit' -r;.` �'-' `�"' Groin length r� It,-i• 3"�� number - i •r r :L �. Bulkhead/Riprap length ii 1 • . i',,, avg distance offshore p--� ,J;u r - •+- max distance offshore • - ��.` Basin,channel ?- --' ,f� `: cubic yards - Boat ramp _ �' — ._. �` 1 i. ? 'Iy7 Boathouse/Boatlift"-f t . .; — - .- -- �.__ - 1_ Beach Bulldozing --- Other . •. -' ?, :C;C'• 1 • - • - - rt-.j:�r :. - shoreline Length /f1 ' iAV: not sure yes no _—.—_ �,� � ' a�' -- ------- z-- iandbags: not sure yes no — .4 - —_ 1_"L_ 1oratorium: n/a yes no — — i 'hotos: yes no --- ---------- alver Attached: yes no --.._..-_...._._ building permit may be required by: ^.`' A:, 2't�;L — See note on back regarding River Basin rules. • totes/Special Conditions - ), r)//i ),, .....\1---\--ks.s....7?„-- eot. A ea tr�inted ame ' PermitOfficer'sSignature • -off-off 63 07-05" ;nature Please read compliance statement on back of permit** Issuing Date Expiration Date ` -mP` ,i 3 4 S / ) oi:)l4" plication Fee(s) /OQ t"v Check# La/q rl Local Planning Jurisdiction Rover File Name ECErvE 13 J'N 13 3 2005 LATITUDE 34° RESTAU� ITIM O AOEMENT P.O. Box 3034, TOPSAIL BEACH, NC 28445 910-328-3272 E T December 20, 2004 ( 7 Mr. Gale Stenburg J a • 0 1 2005 CAMA r� 127 Cardinal Drive Extension DIVISION OF Wilmington, NC 28405 Co a STAL MANAGEMENT Dear Mr. Stenburg: On December 7, 2004, a permit was given to Mr. Milton (Kip) Oppegaard and construction on a dock began on December 9, 2004. I cannot reference a permit number because there is not nor has even been a permit displayed on site. Ann and David Johnston, owners of Latitude 34 Restaurant, would herein like to appeal the CAMA permit for the property located between 1520 Carolina Boulevard and 1604 Carolina Boulevard, Topsail Beach, as follows: We were not asked for permission or approval on the location of the boat slip and lift. We appeal this permit for two reasons: 1. We are under contract to purchase this property, and have been since November 4, 2004. It appears that at the minimum, the dock is on the property line, and it appears that the dock and boatlift do cross the property line and riparian rights line. It is certainly not 15 feet from the property line and riparian rights line. The property is schedule to close on December 21, 2004. It appears they are still working on the dock. 2. We hold a long term lease (filed in Pender County, NC, Book 1963, Page 26B) through December 31, 2008, renting the property and conducting business on the property. This dock, and boat lift specifically; completely alter the view of the restaurant from all tables in the restaurant. The entire ambiance of the restaurant has degraded significantly and will impact us financially_ Again, there is not a permit on site. The property affected is 1520 Carolina Boulevard, Topsail Beach, NC. The bordering property is 1604 Carolina Boulevard, Topsail Beach, NC. The permit would probably have been issued under the Boryk or Oppegaard name, or the Oppegaard QTIP trust. Thank you in advance for your time. We look forward to hearing from you. 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'f7Si„s v #+.+'1,31 ?4..: t stilt.. .1 F:FaS401-'s' a.�l.!'' � - x xax ls` -' X. 0 4 Y. ,- -`'' { Sx7' Oil' $.Yn'"1serl of,',.iifwl•l�'•Eo4',� 4 „.. . . ,..... t v i:Y ...f i iQ ! 4 iii FY 111 YIXL) ,'131';rf ' • ,. •,�" , t� ?4 h ,dam•< . .. . • . , .. '>. ..Y f � . t,. is ,r a . ri ' _ -. - - ' . ANNETTE BORYK OPPEGAARD 41 98 PH 910-328-4531 NCDL 1981885 1604 CAROLINA BLVD 4' • P 0 BOX 3031 Date kk 1 °Li- 66-30/531 365 :1 TOPSAIL BEACH, NC 28445 Pay tothe 1,\.) R Order of $ LcDc . cQ r,^47 Ffl u\J .!1 RST CITIZENS 365 .1 BANK ri'.'Mp-CIVNBr.2t4T4rt Company www.firstcitizens.com For CPD 37, g IP • I 0 5 3 LOO 30010000000 6 6 5 2 6111 0 LI L 913 !I •- A GUARDIANS SAFETY BLUE WOBL • . '•. ••• • • • • • • • • • • • .. • • • • • • • • • . • • . . • .• • • . „ •• ,. .„ • • • • • • '• • • • • • •