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HomeMy WebLinkAboutBartley, John 84106C°F`°JM'"(CAMA DREDGE & FILL 1�® 84106 A B c D ❑ El y = GPrevious permit GENERAL PERMIT i Date previous permit Issued ; 777 ' ❑ New ❑ Modification ❑Complete Reissue ❑ Partial Reissue 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 .I t' ❑ Rules attached. ❑General Permit Rules available at the following link: www.deq.nc.gov/CAMArules Applicant Narpe 4,11,1 S: Authorized Agent Address l,( _ Project Location (County) City ` .�: ;' �, f y State f i._ ZIP r:>''' ^" `' ! I Street Address/State Road/Lot #(s) ' f Phone # Email Subdivision City ZIP Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat/man/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body ORW: yes/no PNA: yes/no Type of Project/ Activity o� �' (Scale ') Shoreline Lengthy i- Access Length --- - -- „_ Pier (dock) length f'� I Fixed Platforms) 4 x4_�_.2- ! C G?��- .. — ` — --. ..._... j .. .. Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/ Riprap length Avg distance offshore Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift 131 Beach Bulldozing Other SAV observed: yes no 1 Moratorium: n/a yes no Site Photos: yes no - Riparian Waiver Attached: yes no ' A building permit/zoning permit may be required by: Permit Conditions - { / TAR/PAM/NEUSE/BUFFER (circle one) Spj , : p ! r-,,''r a ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature "Please read compliance statement on back of permit" Signature f / Application Feels) Check #/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit 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: 1) 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 from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(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: F] Tar - Pamlico River Basin Buffer Rules F-1 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 Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, 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 and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 ti °F`°"S'",k ❑ CAMA ❑ DREDGE & FILL N9 84106 a s c D GPrevious permit GENERAL PERMIT Date previous permit issued ❑ New ❑ Modification [ Complete Reissue ❑ Partial Reissue 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 ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules Applicant Name _ Authorized Agent Address City Phone # Email Project Location (County): State ZIP Street Address/State Road/Lot #(s) Affected ❑ CW ❑ EW ❑ PTA AEC(s): ❑ OEA ❑ IHA ❑ UW ORW: yes/no PNA: yes/no Type of Project/ Activity Shoreline Length Access Length Pier (dock) length Fixed Platform(s) Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/ Riprap length Avg distance offshore Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramp J Boathouse/ Boatlift Beach Bulldozing Other SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no Riparian Waiver Attached: yes no , A building permit/zoning permit may be required by: Permit Conditions ❑ ES ❑ PTs ❑ SPIMA ❑ PWS Subdivision City Adj. Wtr. Body (nat/man/unk) Closest Maj. Wtr. Body (Scale?' i TAR/PAM/NEUSE/BUFFER (circle one) 1' See note on back regarding River Basin rules See additional notes/conditions on back 1 AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Name 9 +{ Signature "Please read compliance statement on back of permit" Signature j r Application Fee(s) Check #/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit 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: 1) 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 from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(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: 1-1 Tar - Pamlico River Basin Buffer Rules F-1 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 Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, 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 and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION —!. 0 Name of Property Owner Requesting Permit: John and JoAnne Bartley Mailing Address: 105 Lugano Road New Bern, NC 28562 Phone Number: 252-288-6449 (home) 972-800-1269 (cell) Email Address: mlbandkcbmom@yahoo.com I certify that I have authorized Bobby Cahoon Construction, Inc. 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: Concrete Pier, Gazebo Roof "Add an additional g0' of walkway to the contracted dock, totaling a 5' guide 340' long main walkway with an 18' wide x 20' long platform at my property located at 2 Bentley Lane, New Bern, NC 28562 in Craven _County. I furthermore certify that 1 any authorized to gratrt. and do in fact grant permission to Division of Coastal A?anagerrrew staff, the Local Permit Officer and their- agents to enter can the aforementioned lands w connection with evaluating m1bi'matron related to This permit apl)hcotion. Property Owner Information: Signature John Bartley Owner Pratt or Type Nam( Title 08 110 12021 Date .._ _.a..�._ �Aj _Q j (D C-t -V -� ,,, � - �"o V-\ �-�U 'this certification is valid through 1.2 /31 �12021 ��`'` N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Joanne Bartley Address of Property: 2 Bentley Lane, New Bern, NC Mailing Address of Owner: 105 Lugano Road, New Bern, NC 28562 Owner's email: mlbandkcbmom@yahoo.com Owner's Phone#: 252-288-6449 Agent's Name:Bobby Cahoon Construction, Inc. Agent Phone#: 252-249-1617 Agent's Email: bobbycahoonconstruction yahoo.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adiacent 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 wi h this letter. I DO NOT have objections to this proposal. I DO have objections to this propos 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 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 808-2808. 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: 1YJ,7IA/ V (ZI,4 Typed/Printed name of ARPO: J C,2kA � 0 L Mailing Address of ARPO: '?� zEOrL& L-M a �ow gxKN r i C- ARPO's email: ARPO's Phone#: Date: �/'��/2� *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 04" �17 6'*, i: I'f �.�l ®r 4 J4 As, 71, h. Co �1 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: Joanne Bartley Address of Property: 2 Bentley Lane New Bern, NC Mailing Address of Owner: 105 Lugano Road, New Bern, NC 28562 Owner's email: mlbandkcbmom@yahoo.com Owner's Phone#: 252-288-6449 Agent's Name:Bobby Cahoon Construction, Inc. Agent Phone#: 252-249-1617 Agent's Email: bobbycahoonconstruction@yahoo.com 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 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 808-2808. 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.) 1 DO wish to waive some/all of the 15' setback n E Qc� � , /Af -OR- Signature oFAdja enf Riparian Property Owner I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Mailing Address of ARPO:� ARPO's email: ARPO's Phone#: 77�4:523 Date: � f ` ICIZ; *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 Ufa TOR '51,100110 v ROT as Qon J OAN N E BARTLEY 2 BENTLEY LANE NEW BERN, NC DESCRIPTION We propose to add an additional 90' of walkway to the contracted dock, totaling a 5' wide x 340' long main walkway with an 18' wide x 20' long platform. • 0) c n L. IL o E BO 2 94 a C O L C O N 0-0 >' O C Q U M O � (DU L cn O O � 0 -0 C N O —0 L CO August 25, 2021 To: NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 R.E.: Proposed Dock and Pier at 2 Bentley Lane, New Bern, NC As property owners of 3 Bentley Lane we object to this project due to the following reasons 1. Per our previous correspondence (copy attached), while we do not object to construction of a dock at 2 Bentley Lane, we do object to the length of the dock as proposed. The proposed dock would be only 30' from our dock. The end of our dock is 212' out from the shoreline. The proposed dock, with its roofed "gazebo" would extend nearly 100' past ours, blocking views up the Neuse River and diagonally across the river. 2. Accordingg to Section .1200 General Permit for Construction of Piers and Docking Facilities; 15A NCAC 07H .1205 Specific Conditions (e), "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet". Lot 2 Bentley Lane has 81 of shoreline. At 8 sq. ft. per linear foot of shoreline yields 648 sq. ft. of allowable "shaded impact" area. The walkway as proposed is 5' wide. Therefore, if we are reading this correctly, it seems that the length of the walkway (dock) would be limited to 130' plus the pier. 3. The dock and pier at lots 4/5 Bentley Lane is a shared facility. According to 15A NCAC 07H .1205 Specific Conditions (u)(3), total square footage of shaded impact is calculated using the combined shorelines of both properties. As you know this allows a dock and pier to be considerably longer than one at a single lot since its shaded impact remains the same per property. Therefore the dock and pier at lots 4/5 extends nearly 300' from the shoreline. The proposed dock at lot 2 cannot approach that same length and meet the allowable shaded impact requirement. 4. According to 15A NCNA 07H .1205 Specific Conditions (c); "Piers and docking facilities longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot at each 100 foot increment of pier length longer than 200 feet..." The difference between the measured depth at the end of the pier at lot 4 and that at lot 3 is 7 inches. The pier at lot 4 is approximately 90-100' longer than that at lot 3-. This is little more than half the incremental added depth required to extend a dock. 5. This project has not been submitted to or reviewed by, and therefore not approved by, the Architectural Review Committee of the River Ridge Subdivision per its Declaration of Restrictive Covenants, page 4, item 8, paragraph two. We thought any objection we had previously had been resolved when John and Joanne Bartley assured us that their dock and pier would not extend out further than ours. This new proposed construction application completely violates that agreement and we strongly object to it. Further, we do not waive any of our riparian rights. In summary, the proposed dock and pier compromise the full use of our dock, violates the allowable shaded impact area requirement due to shoreline measurement, does not qualify for extension beyond 200' with regard to the incremental depth regulation, and has not been approved by the River Ridge Subdivision Homeowners Association. Thank you for your consideration v� Vie IAU"P ,v.. John Lucas and Susan Lucas; 3 Bentley Lane, New Bern, NC 28560 RECEIVED AUG 27 2021 DCM-MHD CITY ATOwwo- 'IA" my& ow swi YAW9 F 1� noWc A14M c 7 .001. Al T 'V, same z H'�O 7AA' io 7e,", lr�omj fnq -t ow-,Jpa (,It3W 'r tc,-, Annor, in! P-whell CPO sk 0,000 LM �Mwy go, 1 vpjn� zj �y oil: 0,0% 1,iP v v v", ph Too 04 m j too wi 1 ic 111�;; 1 1 . P tv wwwwrou May 4, 2021 /revised May 11, 2021 To: NC Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 R.E.: Bartley bulkhead and pier, 2 Bentley Lane, New Bern, NC 28560 REVISION: Our pier is 212' out from shoreline (not 200' as previously stated). If the pier at 2 Bentley Lane does not extend past 212', we have NO objection. As adjacent property owners at 3 Bentley Lane, on May 1, 2021 we received notification of intent to have constructed by Bobby Cahoon Construction a yard bulkhead and a concrete pier at 2 Bentley Lane. The notification letter and other materials were sent to us by Bobby Cahoon Construction. It stated that if we have objection that we must contact your office within ten days of receiving it and the waiver request. While we are not at all opposed in principle to homeowner waterfront improvements at 2 Bentley Lane, we do object to this pier as proposed due to its length and its roofed "gazebo" location. Our pier is 200' long. If we are reading the submitted documents correctly the proposed pier would extend somewhat further out and be relatively close to our property line. We are concerned that it would obscure views from our pier and home. We would ask that the pier at 2 Bentley Lane extend out no more than 200' from the existing shared shoreline concrete bulkhead. We believe this would be in accord with new pier requirements relative to existing piers as listed in the CAMA Handbook. The drawings provided do not clearly indicate the structure's specific location along the waterfront relative to property lines, but all lots here are quite narrow. We do not waive the riparian setback requirement. We intend to have an amicable conversation with Joanne and John Bartley that will lead to a resolution. Please acknowledge your receipt of this letter and let us know your position on this matter. Thank you for your consideration. John and Susan Lucas 3 Bentley Lane, New Bern, NC 28560 RECEIVED AUG 27 2021 DCM®MHD CITY r i m a ps o c VKD ,sod !, r'oo '3d ,11 �0(11 oni1qtode mu-11 Jiro 'Sh�' ei lsiq luo MOOV3A Aaucsiv,Y�of as T s off te OV Ovy-id ew Ion asob "arm-1 It "'An. er"'t 3 in C, r-v-� A/1- no ve"TrIet-3 8,113 'sp "WW e�r�'M'Dh�­ 1'sft bolz a It r1wri&O ydidod-y".i w N" U '19 bru fi pc-: i'ysb fnlrllliv. soillo luoy Johiflo") L&Urn fr-'r"l F-Toffini E�W 9i.% !r;u 1�-'Irn'!)uwnod W e1qiOnliq ru beeo4cp 1,11.s is 'cr 0) 51A' beewj­Jq loq atit ol losido ob, ow,srw._!;4 �Alnj�jkl psib;jm wis bw 11 . gnol 'OOS Pl 191(1 iuO moiW3ol, "Odessa" botoc� all I bnis r lfgmj 'ar1w,cmnce bnotxfj blum ieiq be�.oqouq 9dJ'y1to#1io,,) z0nernjuob beffundue 0, fl lf-"dl ben'190clo) 'qw .Orffl yfti5qwq ilia ati geoid yfevdslui -)d bris WO lsdfil"4 1,alq wit lodl*raslijow 9W.emod b'Irlsjvl'qoim moilewoeiv --ivado Mum pillaixe -61 M011,001"firiYlm on'too bnNe 5i if:-,J 1-,iq vv"4rl dfiw blo")")c", r1i ed. bluow eldf ev'sited 4-aw bcadAjud AMA;1 !:)aladl �-.i gleict unitaixg "A -P I 1), 1k, rY, I fk�' �-F qe' , ite er'll 9%_ oibni yhsek-i I 0b boD I V 3i -�' 'o IN� q.) 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