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
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Data Deposited
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Nam. of Pumk Hoktu
Wndur
Check numtwr
check
I amount
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columnl
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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