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HomeMy WebLinkAbout86042D - Marshburn❑CAMA ❑ DREDGE & FILL GENERAL PERMIT No 86042 Previous permit Date previous permit issued A B C D New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue L'p- L� .� �, �� A Y v 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 ❑ Rules attached. ❑ General Permit Rules available at the following link: www.dgq.nc.gov/CAMArules Applicant Name Authorized Agent,�' Address Y, ( f. o'+' t i1 V i I -Q- Project Location (County): h� (1.42 J i�r h OV Q City ` State ( zip Street Address/State Road/Lot #(s) Phone # C., Email L%DA. ' fit^ Subdivision L City '� \ `1M ti b� c �ZTY` zip d �% 1 Affected ❑ CW ❑ EW � PTA ❑ ES ❑ PTS Adj. Wtr. Body :!ti `f PfL (na, man/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body ORW: yes/no, PNA: yes/no Type of Project/ Activity Q L "1 (Scale:, 4401 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 Boathouse/ Boatlift Beach Bulldozing Other E : SAV observed: es no Moratorium: n/a a no : Site Photos: ye Riparian Waiver Attached: yes �n ii A building permit/zoning permit may be required by: t t �M t k` /-xhw,I\a 0 Permit Conditions +.' j 't' .--i .%Li )� "- .I° ) C r ` c , t' (AA �1' it !An 4 IapvLy Ca• ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ 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 Signature "Please read compliance statement on back of permit" Application Fee(s) Check #/Money Order y, 10C. I � Permit Officer's PRINTED Name Signature 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 1-1 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 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_ Address of Property: S T Mailing Address of Owner. Owner's email: G' �t 1 ��' {^%J��2/S 'Owner's Phone#: g !� � �C� 37 3 C�) Agent's Name: Agent's Email: Agent Phone#: 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. 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 127 Cardinal Drive EXT, Wilmington, NC 28405, DCM representatives can also be contacted at (910) 796-7215. 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 rlprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) Waiver is not applicable to this proposal for pile replacement. 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: TypediPrinted name of ARPO: Tony Caudle, City anager Mailing Address of ARPO: City of Wilmington, 102 N. 3rd Street, Wilmington, NC 28401 ARPO's email: tony.caudle@wilmingtonnc.gov ARPO's Phone#: (910) 341-4658 Date: A aZ2. ''waiver Is valid for up to one year from ARPO's Signature* RECEIVEC Revised May 2029 APR 08 i' DCM WILMINGTCiN r �' Cape Fear River Boats Piling Replacement CFR Boats presently has floating docks in the shown riparian corridor. We are applying for a CAMA permit to replace the present wooden piles with 12 inch steel piles. This will allow the docks to withstand much more load in the event of future storms. Carl Marshburn owns both adjacent properties as well as Cape Fear Riverboats Inc. Cape Fear Riverboats has a lease with the City of Wilmington for the riparian rights for the Mutter's park. C�Ci1l�� 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) rr2 'nn f er Y Name of Property Owner: - ' 6--Y" Address of Property: _ , �� %�: � e 1^ � r & eT [(1j 1i191 f'k7 O Mailing Address of Owner: � E' E�VZC Z 12 C' Owner's email: f,ro CJ(,QC I^ t 6cJS'CGvl"Owner's Phone#: a/ 0 5 6 --.3 �7eJ Agent's Name: Agent's Email: Agent Phone#: 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. tk-, 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 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. 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.) ,-tn e r a , L t'C I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner rem I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: >2: ox r wti\t- P? k r, ti I Lt.' Mailing Address of ARPO: .2 1 R S LJ . 4i r S + 0 I >J ARPO's email: ARPO's Phone#: Date: / 2- L I *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 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:tj ` Address of Property:f L� ���e j^ S r e P% / ��= Y y�ry �' Mailing Address of Owner: � � `" —Eale j �F>'I7T 2ya l° c' Owner's email: r- a ✓'% eX;-,11VfOwner's P h o n e M ct / E7 5-�Z- - 3 %&C/ Agent's Name: Agent's Email: Agent Phone#: 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 with this letter. � k� 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 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. 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.) r'v .-t-., e , a , c n I DO wish to waive some/all of the 15' setback /Ch��, Signature of Adjace Rt ►n poarian 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: fR � e r w -\t- P a k n e> > L 4- L Mailing Address of ARPO: '2 11, S Wc,4,tr 5 -k r 10 ARPO's email: (`o 4-1v\ ARPO's Phone#: `f l`r- 5-13 "- 4 3a Date:_ Z�zl *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 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: Address of Property: J , a,, T k U) Cc- I e ✓" 5 F Mailing Address of Owner:30 I� e a � Owner's email Pa C't^ la1 D Owner's Phone#: lsa. 0 3 73 cJ Agent's Name: Agent's Email: Agent Phone#: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. 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 I DO wish to waive some/all of the 15' setback 1 A RECEIVED Signature of Adjacent Riparian Property Owner APR 18 2022 I do not wish to waive the 15' setback requirement (initial the blank) � _DCM WILMINGTON, NC r _ Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO:� Mailing Address f ARPO: M 3. h 1 ARPO's ernil: �� �"" �-rGZ MU V � f vJ L ( ant VwJ,/,Nr1 o c- ARPO's Phone#: Date: 14 1;Z *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return receipts (showing delivery of notice) are needed, or any other method which satisfies the Local Permit Officer (LPO) that a good faith effort has been made to provide notice. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments (or potentially object to) the proposed development, and to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fall within a 15' setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors) • A property that shares a boundary line with the site of proposed development; AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders? Yes, if the easement could be impacted by the proposed development. • Streets/Roads? Only if the street/road could be impacted by the proposed development. This might include street -ends which might be used for parking and beach access. • Holders of recognized submerged lands claims/shellfish franchises. What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a question about whether an adjacent property is considered "riparian," please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who/What is a Property Owner? For private individuals (or families), send notice to the address listed on the tax card. If the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of State's Corporations Look Up site: https://www.sosnc.gov/search/index/corp. For Condominiums or neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a corporation, for which you send notice to its registered agent). What is Notice, and how do I ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the proposed development, and ask them to sign this form and return it to DCM; OR • You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you choose this option, you must provide either the signed & returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. Revised May 2021 Elks, Katharine B From: David Cowell <david.cowell@wilmingtonnc.gov> Sent: Tuesday, April 19, 2022 10:05 AM To: Elks, Katharine B Cc: Caudle, Anthony N; Thom Moton Subject: [External] FW: Protected Exchange UM FW: Protected Exchange UM piling replacement for Mr. Marshburn CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Ms. Elks — This is to confirm that the City of Wilmington has no objection to the replacement of piles by Mr. Marshburn at 118 South Water Street. This parcel is commonly referred to as the Muter's Alley Pocket Park (image below). The wording "Waiver is not applicable to this proposal for pile replacement" was intended to limit this specific approval by the City to the pile replacement project, without affecting any previous waiver that may have been granted. Please let me know if there are any questions or comments. Dave David E. Cowell, PE Director of Engineering City of Wilmington Engineering Department 212 Operations Center Drive Wilmington, NC 28412 Ph: 910.341.5879 1 Fx: 910.341.5881 david.cowell@wilmingtonnc.eov www.wilmingtonnc.gov �l i cTow Follow us on Facebook or Twitter facebook/cityofw ilmington kcit r�ofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Tony Caudle <tony.caudle@wilmingtonnc.gov> Sent: Tuesday, April 19, 2022 9:33 AM To: David Cowell <david.cowell@wilmingtonnc.gov> Subject: Protected Exchange UM FW: Protected Exchange UM piling replacement for Mr. Marshburn In addition. Tony Caudle City Manager City of Wilmington, NC (910) 341- 4658 From: Elks, Katharine B <katharine.elks@ncdenr.gov> Sent: Tuesday, April 19, 2022 8:50 AM To: Tony Caudle <tony.caudle@wilmingtonnc.gov> Subject: Protected Exchange UM piling replacement for Mr. Marshburn Good Morning Mr. Caudle, This follows a voice mail message I left earlier this morning. Upon reviewing the neighbor notifications for Mr. Marshburn's permit request to replace the wood pilings on the floating dock with steel in the vicinity of 122, 118, and 108 S. Water street I see that a comment about waiving the 15' setback was included and I'm hoping you can clarify. The comment "Waiver is not applicable to this proposal for pile replacement" was in the signature blank used to waive the 15' setback. I understand Mr. Marshburn might have filled this part out for you. I would actually like to have the City waive the setback and put in writing that Mr. Marshburn has permission to replace the pilings in front of the City 2 parcel at 118 S. Water St. if that is the case. If you wouldn't mind responding to this email with either he has permission or not that would be helpful. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910) 796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 NC. `''" Iothling Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 4/19/22, 8:18 AM USPS.com@ - USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70202450000092959635 FAQs Remove X Your item was delivered to an individual at the address at 11:54 am on April 12, 2022 in RALEIGH, NC 27603. USPS Tracking Plus® Available u m OV Delivered, Left with Individual Q April 12, 2022 at 11:54 am 0 RALEIGH, NC 27603 Get Updates u Text & Email Updates u Tracking History u USPS Tracking Plus® u Product Information u See Less ^ https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70202450000092959635%2C&tABt=false 1 /2 Postal CERTIFIED o RECEIPT Domestic For delivery information, visit our website at www.usps.CoM:,,. 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I columnB 0olo-9 4/20/2022 F S S Marine Construction LLC Medley First Bank_ 1016' $ 200.00 GP #85746D KE rot._16965 4/20/2022 Significant Performance, LLC Lon Point_ HOA Alliance CU _ 8202 $ 200.00 GP #85788D JD rct. 17609 4/20/2022 Coastal Dock Builders LLC Barber Bank of America 1022 $ 200.00 GP #86098D JD rct17612 4/20/2022 Cape Fear Riverboats, Inc. Marshbum First Citizens Bank 55479 $ 200.00 GP #86042D KE rct. 16968 _ 4/20/20221 Samuel Ashley Blizzard same BUT 2320 $ 800.00 GP #86100D JD rot. 17614 4/20/20221 Eric Schmidt same First Citizens Bank 4499 200.00 GP #85415D I BH rct. 17560