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..�._
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'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
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4 J4 As,
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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
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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.
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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
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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
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