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HomeMy WebLinkAbout79405A_Burrus, C. Daniel_20210820}CAMA /� DREDGE &FILL ( A} B C D ENERAL PERMIT Previous permit # MI§AW. 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 I SA NCAC �j I t f i C Rules attached. Applicant Name C a 0",-A s It- t Project Location: County Z Address I ' `' t AT �- Y _ 7 3 i_ _ Street Address/ State Road/ Lot #(s)__S5 9 _ City n —State f! `C- ZIP 7,7 J:Z41, Phone # i;U1) 75 ` 4 Authorized Agent _ T. S . Al Affected 0 CW PkW O"A E ES ❑ PTs AEC(s): OEA HHF IH 1 USA J WA P%VS — ORW: yes ( 6io� PNA yes /Q9 ) ,)-- Subdivision City ZIP 2-72922, Phone # (_" _)---�River Basin �( a Adj. Wtr. Body-- /,,.k P, l: 0 ,jar ..{, to lunkn) Closest Mal. Wtr. Body- �u,n f i •_ Type of Project/ Activity n 3 4 C,(� c� �+ a 1 a s k % .f. f-_ <s �' t V T LAnAe.c o— c-A, z X 'is 44 ^ 4 V t a y b -k I A A—' d- (Scale: A(; _5 ) Pier (dock) length L A o S S' S EC.T /J Fixed Piatform(s)- Floating Platform(s) _ It � 0— --�• Finger pier(s) � D Groin length _ a _,, aA► A G number Buck<Riprap I ;' S'n N (". i it � s avg ice offshore of 7� max distance offs my I Al I� Basin, channel - `---- cubic yards_ Boat ramp ` _ C Boathouse/ Boatik Beach Bulldozing Otter Ln Sharew,e 9 . - — SAY: not sure yes G) N Moratorium: n/a yes no Photos: �s no Waver Attached yes A building permit may be required by: 4L, ( Note Local Planning jurisdiction) Notes/ Special Conditions A) R•, QICa'!�a 0y� y r i 7 p— -1l See note on back regarding River Basin rules. s J trot i n �•.H s.i•t (V, ✓moo i 'ikon. Agex or Apple " P. I "d N7 Sigr—PW4 readcompliance statement on back of permit'• Appication Fee(s) Check # V-R-r-- Pert if, Printed Name Sign e n j2,ti12�_ �.z ?�► 4 t Issuing Date Expiration Date Burrus Shoreline Stabilization Project Plan View Date: June 26, 2021 Sheet 1 Drawn By: JS Mitchell Burrus Shoreline Stabilization Project Typical Cross Section Scale: NTS Dimensions Shown Date: June 26, 2021 Drawn By: JS Mitchell Sheet 2 of 2 Existing Bulkhead Proposed Riprap Placed on Min Slope 2'T e NWL - 10' Max PROPERTY LEGAL. DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: STREET ADDRESS: 1� 9 � ? ? Pff � �� V* l •-2 :'t .x ton rj Please print - Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize l t ' of 3�' I i v {Contracto(J Agent) tf ame of consulling firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 2-7q 2.v Telephoner - Lf We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. s Au horized Signartre Date: .. Authorized Signature Date: Q s r A" +ti CIA I �o �2-77-�> 58? r • Complete items 1, 2, and 3. A nature d Agent • Print your name and address on the reverse Cl Addressee so that we can return the card to you. • Attach this card to the back of the maifplece, _ Revel by ( dried me) Y C ,��'y h& fi li, or on the front If space permits. o +`�'L` 1. Article Addressed to: D. is delvery address Jiff Q Ya8 `t i If YES, enter delivery address grow: Q,1n11 �rAgv Fa n-,x 176 3. Type D Priority eJ 1 dullSiService ❑ Adult Signature red adil" D R�!stsred Maiir'" 1111,11 Jill 11111111111111 Jill 111111111111111 O Adu'.t Signature Restricted Delivery D Registered Mall Restdcta< 9590 9402 6672 1060 8485 65 ❑ Certified MOO D Certified Mail Restricted Deltvery �I�Y O Signature ConfirmationTM O Signature Confirmation 2. Article Number (Transfer from service labeq D Collect on Del:very D Cw,'ect on De:ivery Restricted Delivery 'tad Restricted De?;very 7020 3160 0001 9592 0768 11 Restricted Delivery PS Form 3811, July2020 PSN 7630-02-M-9053 �^ V Domestic Return Receipt • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you.° ■ Attach this card to the back of the maiipiece, A. Signature X .. 0 Agent 1 Addre B. Received by rdnted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: Od eh 5 F sk 3 Lti1 C Urti f' � / �j r(, D. is delivery ad cliifere+tt from it 17'. 'Y If YES, en,� address t dbw: Q N4 PO t30x J 7 % p J 13u,64r, '-27+2,ta 3. Service Type Pdar:ty Matt ExFressJ II1❑Adu#tS,gnature RegteredMallr D Adult Signature Restricted Delivery Registered Restricted!, Mall Restricted i 111�11I111IIIillllll1l11l11111111II111�I111 D Certified WED De':very 9590 9402 6672 1060 8485 89 D Cetifled Mart Restricted Delivery Signature Cont rmallori'm Cl Co'!ecton Delvery Signature Confirmation 2. Article Number (Transfer from service label] C Collect on Delvery Restricted Delivery Restuicted U,:very Mail 7020 3160 0001 9592 0775 40ali Restricted Dafiivery PS Farm 3811. July 2020 PSN 7530-02-000-9053 Dom tic Return Receipt J. S. MITCHELL INC PO Box 362 WRIGHTSVILLE BEACH NC 284BO RECEIVED June 28, 2021 AUG 0 g 2021 Mrs. Yvonne Carver DCM-EC DCM Field Representative 401 S. Griffin Street Suite 300 Elizabeth City, North Carolina 27909 Dear Mrs. Carver: Enclosed is a package I am submitting to you on behalf of Mr. Danny Burrus to obtain a CAMA/Dredge and Fill general permit 7H.1100 for the placement of a riprap revetment seaward of an existing bulkhead onsite his property located at 48888 NC HWY 12 adjacent Buxton Harbor and the .Pamlico Sound in Buxton, North Carolina. Mr. Burrus is concerned with the potential of a tropical storm event this season affecting the existing bulkhead and is eager to start the work. Included in this submittal is an agent authorization form, proof of adjacent riparian property owner notification, plan view and cross section and a $400 check made out to NCDEQ. The purpose of this riprap is to better attenuate wave action interacting with the existing bulkhead along his Pamlico Sound frontage. A total of 250 linear feet of riprap is proposed. Due to the high wave energy experienced at this location during storm events, the riprap toe will extend 10' from the base of the existing bulkhead with a minimum of a 2':1' slope for stability of the revetment. An excavator will operate from the landward side of the bulkhead to place the riprap. Thank you for time spent discussing this project with Mr. Gary Mitchell. A Major CAMA application package is being developed for the other proposed development activities discussed with you. .If you have any questions please contact either Gary or myself. My phone number is (910) 471-1728 or Gary Mitchell at (910) 279-6587. Sincerely, John S. Mitchell J.S. Mitchell INC. Enclosure 28 June 2021 Certified Mail — Return Receipt Requested Oden's Fish and Oil Company. Inc. C/O Mr. Don S. Oden Jr. Post Office 177 Buxton, North Carolina 27920 Dear Mr. Oden: Mr. Danny Burrus is seeking a LAMA General permit 7H.1100 to place riprap seaward/against his bulkhead on his property located at 48888 NC HWY 12 in the village of Buxton adjacent the Pamlico Sound and Buxton Harbor. A sloping granite riprap revetment will be placed against the existing bulkhead to better dissipate wave energy received from the Pamlico Sound. The specifics of the proposed work are in the enclosed drawings. As the adjacent riparian property owner to the aforementioned project, the applicant is required by the North Carolina Division of Coastal Management (DCM) to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Ron Renaldi, District Manager, Elizabeth City District Office, 401 South Griffin Street, Elizabeth City, North Carolina 27909 within 10 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the permit request. No comment within 10 days of your receipt of this notice will be considered as no objection. To expedite this process. if you have no objection, you can sign the attached form and email it back to me at jsin itchel1360'd:gnmail.com. If you have any questions on this project, please call me at (910) 471-1728. Sincerely, John S. Mitchell Enclosures N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Daniel C. Burrus Address of Property: 48888 NC HWY 12, Buxton, North Carolina 27920 Mailing Address of Owner: 433 West Bridge Lane, Nags Head, North Carolina 27959 Owners email: Agent's Name: John S. Mitchell Agent's Email: jsmitche11360@gmail.com Owner's Phone#: Agent Phone#: (910) 471-1728 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Michael G. Stein Mailing Address of ARPO: Post Office Box 176, Buxton, North Carolina 27920 ARPO's email: ARPO's Phone#: Date: "waiver is valid for up to one year from ARPO's Signature* Revised May 2021 A Proposed 250 LF of Riprap 11 Burrus Prop im Burrus Shoreline Stabilization Project Plan View Date: June 26, 2021 Sheet 1 Drawn By: JS Mitchell 0 Burrus Shoreline Stabilization Project Typical Cross Section Scale: NTS Dimensions Shown Date: June 26, 2021 Drawn By: JS Mitchell Sheet 2 of 2 Existing Bulkhead Proposed Riprap Placed on Min Slope 2'T 10' Max L 28 June 2021 Certified Mail — Return Receipt Requested Mr. Michael Stein Post Office 1.76 Buxton, North Carolina 27920 Dear Mr. Stein: Mr. Danny Burrus is seeking a LAMA General permit 7H.1100 to place riprap seaward/against his bulkhead on his property located at 48888 NC HWY 12 in the village of Buxton adjacent the Pamlico Sound and Buxton Harbor. A sloping granite riprap revetment will .be placed against the existing bulkhead to better dissipate wave energy received from the Pamlico Sound. The specifics of the proposed work are in the enclosed drawings. As the adjacent riparian Property owner to tfw aforementiwed project, the applicapt is required Mr by the North Carolina Division of Coastal Management (DCM) to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Ron Renaldi, District Manager, Elizabeth City District Office, 401 South Griffin Street, Elizabeth City, North Carolina 27909 within 10 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the permit request. To expedite this process. if you have no objection, you can sign the attached form and email it back tome at ism itchel1 60 a-igmail.com. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (910) 471-1728. Sincerely, John S. Mitchell Enclosures N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Daniel C. Burrus Address of Property: 48888 NC HWY 12, Buxton, North Carolina 27920 Mailing Address of Owner: 433 West Bridge Lane, Nags Head, North Carolina 27959 Owners email: Agent's Name: John S. Mitchell Agent's Email: jsmitche11360@gmail.com Owner's Phone#: Agent Phone#: (910) 471-1728 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed 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 (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Michael G. Stein Mailing Address of ARPO: Post Office Box 176, Buxton, North Carolina 27920 ARPO's email: Date: ARPO's Phone#: 'waiver is valid for up to one year from ARPO's Signature* Revised May 2021 Burrus Shoreline Stabilization Project Plan View Date: June 26, 2021 Sheet 1 Drawn By: JS Mitchell Burrus Shoreline Stabilization Project Typical Cross Section Scale: NTS Dimensions Shown Date: June 26, 2021 Drawn By: JS Mitchell Sheet 2 of 2 Existing Bulkhead Proposed Riprap Placed on Min Slope 2'T 10' Max This instrument drafted by: Robert L. Outten After recording, mail to: Dare County Attorney Bryce Pike Attorney At Law PO BOX 1581 Morehead City, NC 28557 STATE OF NORTH CAROLINA DARE COUNTY Recorded: 04/29/2021 11:27:24 AM BY: CLAUDIA HARRINGTON Cheryl L. House, Register of Deeds Dare County, NC Fee Arnt $26.00 NC Excise Tax: $40.00 Land Transfer Fee; 5200.00 BOOK 2499 amp. 194(2) 0097856 fiNNlVl�lllll APPROVED DARE COUNTY LAND TRAN5f" TAX NO. NON WARRANTY DEED This deed, made and entered into this the :�% day of April 2021, by and between County of Dare, a body politic, ("Grantors"), and Danny Burrus of Dare County, North Carolina ("Grantee"), whose address is: 433 West Bridge Lane, Nags Head, NC 27959. WITNESSETH: That the said Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to them in hand paid, the receipt of which is hereby acknowledged, have remised and released, and by these presents do remise, release, and forever quitclaim unto the Grantee and his heirs and assigns all right, title, claim, and interest of the said Grantors in and to a certain tract or parcel of land lying and being in the County of Dare, State of North Carolina, in Hatteras Township, and more particularly described as follows: Beginning at a point, said point being the following courses and distances from N.C.G.S. "Bright" NAD 83 N 568.703,4426 F, E 3.025.657.7709 F, South 87 degrees 32 minutes 37 seconds East 2019.71 feet to a PK nail in the southern margin go the right of way of NC Highway 12; thence North 78 degrees 42 minutes 58 seconds East 203.48 feet to a concrete monument located in the intersection of the eastern boundary of the now or formerly Calvin Burrus tract and the western boundary of the now or formerly Donald and Jan Silber Stein tract with northern margin of the right of way of NC Highway 12; thence North 88 degrees 41 minutes 30 seconds West 204.92 feet along the northern margin of the right of way of NC Highway 12 204.92 feet to a concrete monument; thence North 3 degrees 27 minutes 10 seconds West 406.12 feet to a point, said point being the point and place of beginning; thence from said point of beginning South 82 degrees, 30 minutes 00 seconds West 49 feet to a point; thence North 10 degrees 30 minutes 00 seconds West 348.25 feet to a point; thence North 00 degrees 30 minutes 00 seconds East 95.50 feet to a point; thence North 70 degrees 00 minutes 00 seconds East 88.70 to a point; thence south 03 degrees 27 minutes 10 seconds East 462.75 feet to the point and place of beginning, save and except therefrom any lands below the low water mark of the Buxton Harbor or the Pamlico sound. To have and to hold the aforesaid tract or parcel of land and all privileges thereunto belonging to him the said Grantee and his heirs and assigns free and discharged from all right, title, claim or interest of the said Grantors or anyone claiming by, through, or under them. In Testimony Whereof, the said Grantors have hereunto set their hands and seals the day and STATE OF NORTH CAROLINA COUNTY OF DARE I, 5h%� LZ a Notary Public of the County and State aforesaid, certify that Robert L. Woodard cameeefore me this day and acknowledged that he is the Chairman of the Dare County Board of Commissioners and by the authority duly given and as the act of the Dare County Board of Commissioners, the foregoing instrument was signed in its name by himself as its Chairman, sealed with its corporate seal and attested by Cheryl Anby, Clerk to the Board. Witness my hand and official stamp or seal, this theZ ! day of April 2020. iNbTa-ry Public My Commission expires: 12� zc Request to sell - 48944 NC Hwy. 12 - Parcel 026511000 Buxton Harbor Description C. Daniel Burrus contacted the County through his agent with an email requesting the County consider selling the subject parcel, at a price of $20,000, which is a portion of Parcel No. 026511000. containing +/-6,800 square' feet. Board Action Requested Authorize the sale, approve offer and approve resolution declaring parcel as surplus property. Item Presenter Robcn Outten, County Manager 90 RESOLUTION AUTHORIZING THE DARE COUNTY BOARD OF CONMUSSIONERS TO DECLARE REAL PROPERTY AS SURPLUS PURSUANT TO G.S.160A-269 WHEREAS, Dare County owns certain property, parcel #026511000, containing t6,800 square feet, with the majority of the site compromised of a water charnel and boat basin; and WHEREAS, G.S. 160-269 allows the Dare County Board of Commissioners to sell real property by upset bid, after receipt of an offer for the property; and WHEREAS, the County has received an offer to purchase the property described above, in the amount of $20,000, submitted by C. DANIEL BURRUS. NOW, THEREFORE BE IT RESOLVED, by the Dare County Board of Commissioners that: 1. The County authorizes sale of the property described above through the upset bid procedure of N.C.G.S 160A-269. 2. The Purchasing Agent shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer, and shall state the terms under which the offer may be upset. 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the purchasing agent within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the purchasing agent shall open the bids, if any, and the highest such bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer. 4. If a qualifying higher bid is received, the purchasing agent shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to the Board. 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000 of that offer and five percent (5%) of the remainder of that offer. 6. A qualifying higher bid must also be accompanied by a deposit in the amou8m of five percent (5%) of the bid; the deposit may be made in cash, cashier's check, or certified check. The County will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received The County will return the deposit of the higher bidder at closing. 7. The terms of the final sale are that The Board must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed, and The Buyer must pay in full at the time of the closing. 91 8. The County reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. 9. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. The appropriate County officials are authorized to execute the instruments necessary to convey the property to C. DANIEL BURRUS. 10. If a qualifying offer is received, the Board shall move forward with the higher offer. This the 7 ° day of December, 2020. Attest: 92 Robert Woodard, Sr., Chairman Cheryl C. Anby, Clerk to the Board