HomeMy WebLinkAbout86582A_Simonsen, Chamblee & lars_202206243 iS�2 A R G tY
—AMA ❑ DREDGE & FILL F4 • L.J
Previous permit
GENERAL PERMIT Date previous permit Mued
lew U Modification U Complete Reissue r] Partial Reissue
As authorized by the
%State
, of (North Carolina. Department of EmironinnoMa! Qu+brf and the coastal Resources Commission in an area of ermrortmerttal concern Pursuant to:
I SA NCAC j r ` t � Q Rules amched, V_ t+ ral Pit Rules "lable at the follow" link: _
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SAY cibser+ted: yes no
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Riparian yrawer Attached:
A building permit/roning Ponape may be required bv: _.....
&L (� TAp4pA1-WEUsE/ UFFER (clyde one)
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Set note on back regarding River Basin rules
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.., :.uwnc ne vwutEi. [RC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. 11014ase ininai} t" t
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46*S Cobia Way, Nags Head, NC
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4604 S Coble Way. Nags Head, NC 27959
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1 of 1
5/27/2022, 5:06 PM
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ANA,
t
Carver, Yvonne
From: C S <chamsimo@gmail.com>
Sent: Monday, May 30, 2022 7:16 AM
To: Carver, Yvonne
Subject: Re: [External] jet ski lift
Attachments: IMG_4120.JPEG; IMG_4122.JPEG
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I have attached photo confirmation that the lift was fully removed yesterday.
I also attached a photo showing how shallow it is in the corner of the canal. I was hoping to catch it at a lower point as it
often is, but this was the depth when I took the photo.
From: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Date: Friday, May 27, 2022 at 4:57 PM
To: C S <chamsimo@gmail.com>
Subject: RE: [External] jet ski lift
Confirming receipt of this last photo.
Thank you, and have a safe and blessed weekend.
*Wn"
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
yvonne.carverCaD.ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: C S [mailto:chamsimo@gmail.com]
Sent: Friday, May 27, 2022 4:22 PM
To: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Subject: Re: [External] jet ski lift
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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1
From: C S [mailto:chamsimo@gmaii.com]
Sent: Friday, May 27, 2022 1:15 PM
To: Carver, Yvonne <yvonne.carver@ncdenr.gov>; chamsimo@gmail.com
Subject: Re: [External] jet ski lift
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Good day Ms. Carver,
Forgive my delay responding; we have already started removing our lift as I stated we would. We have no interest in not
being compliant.
I have attached three photos. The first photo shows the piling that was originally designed and built to hold a PWC lift
(this piling is one piling "in" from the corner piling and was left higher than the rest) and the lift still attached to the
piling. You see a string. We pulled a string from the northwest corner piling that IS COMPLIANT (out of the 15' riparian
corridor zone) and the string is tied to a marker in the ground that was placed 15' from the corner post of our
bulkhead(this corner post was deemed by Mr. Cece to mark the riparian line itself). This string is a visual of the EDGE of
the riparian corridor ZONE. In this first photo, you also see the closest piling to her dock, which is important. According
to Frank Jennings, Lynn Mathis, and John Cece, that piling of hers is designated as the marker of the riparian LINE
itself. (You also see that our neighbor's entire dock is completely within the riparian corridor on her side.)
The second photo shows a closer view of the lift, and the third photo shows the overhead of the line we used to create a
visual.
The lift's cradle is 42" wide and the bunks are 53" (running east to west). Beyond the piling, this lift goes out 50"
(running north and south). It is a manual crank lift, having no electrical parts.
Our dock is 26' from the corner of the canal, which is the corner of our lot and the boundary with the Stuckeys' lot. The
corner of the canal is very shallow. We will need assistance to know where we can place our lift if we are not allowed to
put the lift on the piling that was built for this purpose.
Please advise if there is any way to not remove more of the lift. 0. Once our guests arrive tonight, we will have help
getting the heaviest part of the lift out of the water tomorrow. It's our intention to apply for a general permit to have
our lift somewhere on our 75' of waterfront. Let me know if you have any questions, or need anything more from me,
including other photos. You are welcome to text me if I don't respond by email quickly enough.
Thank you,
Chamblee Simonsen
252-333-8590
From: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Date: Friday, May 27, 2022 at 12:18 PM
To: C S <chamsimo@gmail.com>
Subject: RE: [External] jet ski lift
Good morning,
Carver, Yvonne
From: C S <chamsimo@gmail.com>
Sent: Friday, May 27, 2022 4:22 PM
To: Carver, Yvonne
Subject: Re: [External] jet ski lift
Attachments: corner showing riparian piling.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to --
Report Spam.
This last photo shows the canal corner as well as the piling in the canal that marks the riparian line. (There is some
mystery small piling there showing but it is not significant). According to Mr. Cece the corner of the canal, where the
two bulkheads meet is the base of the actual riparian line.
Our corner that you can see, is deemed complaint, so our corner post is more than 15' from this riparian marker
piling. You can also see the piling beside our corner post that was built to have a jet ski lift. Our lift does not encroach
on the use or enjoyment of their space.
Please advise if you need more photos to consider.
Thanks,
Chamblee
From: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Date: Friday, May 27, 2022 at 3:37 PM
To: C S <chamsimo@gmail.com>
Subject: RE: [External] jet ski lift
Good afternoon Mrs. Simonsen,
I wonder if you could resend the photos; I was only able to open the first one, which is shown as a
JPG. However, the other 2 (IMG 4072 and IMG 4074 are shown as .heic files).
I'm not sure I understand your question of, "Please advise if there is any way to not remove more of
the lift". All of the unauthorized lift will have to be voluntarily removed in order to avoid receiving a
Notice of Violation.
We will review all of the information that you have provided below, along with the photos and our
aerial photography, and respond back to you in regard to verification of a location that would be
outside of the 15' riparian corridor. I note that you need this data in order to put together the drawing
that is required for the riparian notifications required for the general permitting process.
Best regards,
*Wn"
Yvonne B. Carver
From: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Date: Friday, May 27, 2022 at 12:18 PM
To: C S <chamsimo@gmail.com>
Subject: RE: [External] jet ski lift
Good morning,
I was discussing this further with my supervisor today, and he stated it would be good to get pictures
(before and after), so that we can see what type of lift was installed and the exact location. Also, we
will need to know the dimensions of the lift (length x width) —in order to confirm how far the lift
mechanism extends out past the piling.
Thank you in advance for your cooperation in this matter.
*Wn"
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
yvonne.carver(a)_ncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties.
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Carver, Yvonne
From: C S <chamsimo@gmail.com>
Sent: Thursday, May 26, 2022 9:33 AM
To: Carver, Yvonne
Subject: Re: [External] jet ski lift
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thanks! I am happy to do all those things, and fyi, I could also send a photo of the removed lift if that helps anything. I
know you make a site visit (which is no problem), but maybe that could save you an initial trip or something. Anything is
fine, we are happy to comply.
Fyi, the lift is not on the corner post that closely 'marks' the riparian buffer zone edge. The lift is on one piling in, about
5' closer to the bulkhead from that corner post. Seems like Lynn M., John Cece or Frank Jennings would have spoken up
then, as adding this second lift was always the plan. We'll see and keep the hope. Or go to Plan B. No prob. Thanks for
working with us.
Chamblee
From: Carver, Yvonne <yvonne.carver@ncdenr.gov>
Date: Thursday, May 26, 2022 at 9:06 AM
To: C S <chamsimo@gmail.com>
Subject: RE: [External] jet ski lift
Good morning Mr. and Mrs. Simonsen,
Thank you for your follow-up correspondence below regarding the unauthorized jet ski lift. A permit is
required for any lifts installed in the Estuarine Waters/Public Trust Areas. If your development meets
the rules under 07H.1200 (copy attached), then the project is reviewed and process through a
general permit (GP), not a minor application. As you will note in the Specific Conditions, under this
GP piers and docking facilities are limited to no more than two boats, etc. Any portion of a lift that
may fall within the 15-riparian corridor will require a signed waiver from the adjacent riparian property
owner (that includes the arms that the lift is sited on). I am also attaching a copy of the current
adjacent riparian notification form that is required to be used to notify your adjacent owners of any
development proposed. There is no formal application for GPs, a drawing and proof of receipt of
notifications (and waivers if applicable) are the documents required for review and permit
decision. For your reference, I have also attached the GP that was issued in 2010 for the
pier/platform, and pilings for a slip.
As you know, our records are available to the public. Since I will be required to complete a report on
the call received, I can confirm to you without a FOIA that Debra Stuckey, your neighbor and riparian
property owner to your right, was the person that called with the concern that you had installed a lift
without authorization.
Once you have removed the jet ski lift, please send me confirmation and permission to go onsite to
verify. I will be glad to assist you in making an assessment of potential areas to site the lift outside of
Best regards,
Chamblee (and Lars) Simonsen
252-333-8590
>CAMA J `DREDGE & FILL
(
GENERAL PERMIT
Previous permit # A`B C D
XNevv Modification __ Complete Reissue Partial Reissue
Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality
_
V
and the Coastal Resources Commission in an area of environmental concern pursuant
to 15A NCAC
pp
Applicant Name t -° Y1cz * ; � _ t { ' v
J Rules attached.
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Project Location: County,____ r _,_
Address 5'w7 ` P"N o�, C c v,, r .
Street Address/ State Road/ Lot #(s) 4
City_ t`a n�� b� , H:�.; _. State V_ ZIP /«_
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Phone # *) tv E-Mail . .. _.
Subdivision _£ fc......_ € sx.ct v- r4
Authorized Agent._.......
City P" J ...... _ Ki_ ZIP a.._
[J f"W C:7 EW El PTA
Affected -<' i }PTS""
Phone # (} River Basin
Ot:A E� HHF C':. IH 0UBA � ? N/A
AEC(s):
Adj. Wtr. Body '... _ nat(man unkq)
ll PWS:
�, �� a
ORW: yes k no PNA yes /ono
Closest Mai. Wtr. Body_ -�
Agent or Applicant ted; ame
_.....__� _.__.....................
Signature *" PI a read compliance statement on track of permit •*
lication Fee(s) Check #
Per itOfficer'S Printed Name
r_
Sigma, re
Issuing Date Expiration Date
No`A,5997Q
LAMA DREDGE & FILL
GENERAL PERMIT
Previous permit #
/New � Modification Complete Reissue Partial Reissue
Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural
Resources
and the Coastal Resources Commission in an area of environmental concern pursuant
to I SA NCAC
{ £ "
�L, Rules attached.
Applicant Name,_........... j't ` 1 L 1_—__--_._.__
Project Location: County. _ _? i ► _
Address
Street Address/ State
Road/ Lot
City-- _.._.�_. State ZIPSM
t _
�
Phone # () _ �.;.. i i . Fax # (—�--)—) _
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Subdivision .. _ . t _
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Authorized Agent a t C ! pt { � l _ 2.1 V �;
kCity �'� ''`° <
-
ZIP. ---
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CW �)WPTA ' ES ? PTS
Affected '
'UBA
Phone #
River Basin
�
OEA i HHF iH N/A
AEC(s): _
Adj. Wtr. Body
E. t / an_i(unkn)
(na
PWS FC:
ORW: yes / no PNA yes / no Crit.Hab, yes (no
Closest Maj. Wtr. Body
t
Type of Project/ Activity '
Pier (dock) length
Platform(s)
Finger pier(s)
Groin length _
number _
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel
cubic yards _....__._._._._...V
Boat ramp
Boathouse/ Boadiftt._
Beach Bulldozing —
Other
i,
Shoreline Length _ -� r^ "1
SAY: not sure yes t no -N Y--� _ a
Sandbags: not sure yes qo,_ r
Moratorium: n64( " yes no
Photos:yes . no
Waiver Attached: yes "no 1
A building permit may be required by:
Notes/ Special Conditions
AC
- - - .......... _ _ -----
Agent or,pplicant P me Name
4�„. "
Signature ** Please read compliance statement on back of permit"
Application Fee(s) Check
(Scale: "
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See note on back regarding River Basin rules.
t f f
Rover File Name
Ms. Rhonda Midgett
August 20, 2012
Page 2 of 2
If you have any further questions regarding this matter, please do not hesitate to
contact me at this office.
Sincerely,
Frank Jening,District Manager
Northeast District
FJ/yc
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City, NC
Jur
Ms
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Ca
the Adjacent Riparian 2. Article Number ? 0 0 9 2250 0001 3630 2082
(Transfer from service label)
envelope acebmpanyii to2sss-o2-rot-tsao
PS Form 3811, February 2004 Domestic Return Receipt
Scope of Work
Install the boat lift mechanisms on existing piles per the drawings and specifications dated
14 May 2012.
I appreciate your time and consideration in this matter. Should you have any: questions, please do
not hesitate to contact me.
Sincerely,
CAROLIN/A�,iMA E STRUCTURES, INC.
William W. Combs
General Manager
tal
Service,,,
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FIED
MAIL,,.,
RECEIPT
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only;
No insurance
Coverage,
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information
visit
crur website
at www.usps.com
o11
Cc: File -a
Encl: (1) NCDENR Authorization Form ma
(2) CAMA Owner Notification Form o
(3) Drawings and Specifications (Sketches B• o
tn
CORPORATE OFFICE ru
P.O. BOX 3069
KILL DEVIL HILLS, NC 27948 d
0
(252) 473-2755 • FA r
www.carolinamarin
�P
Postage $ 3
Certified Fee ` S
Postmark
Return Receipt Fee Here
(Endorsement RequUed) 2 3 6
Restricted Ctativery Fee
(Endorsement Required) <
Total Postage & Fees $
Sent To S �}.. M+. �,_._.
_C--- .............
LICENSED • INSURED • BONDED
OVERHEAD VIEW B-B
PROPOSED BOAT LIFT
MEASUREMENTS ARE APPROXIMATE, NOT TO SCALE
10
NORTHERLY
POLATTY ♦
- - - - - -
PROPERTY
63' ±
APPROX. /
SHORELINE
f-- 74' _
73'
BROWN
PROPERTY
PROPOSED BOAT LIFT
'
(PREVIOUSLY INSTALLED PILES)
O
O
MIDGETT
Iq`
PROPERTY
�J
GAJEWSKI
PROPERTY
7- 15'24-�_ 34'
26'10'
♦ 76' :t
NOTES:
(1) BOAT LIFT IS A GOLDEN MANUFACTURING 4 POST CRADLE LIFT MODEL, 10,000 POUND MAXIMUM
CAPACITY, WITH GROOVED WINDERS, FLAT PLATE DRIVE SYSTEM, CARPETED WOOD BUNKS AND A
REMOTE CONTROL DEVICE WITH TRANSMITTER.
(2) BOAT LIFT TO BE INSTALLED ON PREVIOUSLY INSTALLED PILES.
(3) ELECTRICAL CONNECTION FROM OWNER POWER SOURCE TO REMOTE CONTROL BOX/ELECTRICAL
MOTORS TO BE ACCOMPLISHED SEPARATELY AT OWNERS EXPENSE.
PURPOSE: MAINTENANCE
DATUM: NVGD OW 0.00
ADJACENT PROPERTY
OWNERS:
1. MS. RHONDA MIDGETT
2. MR. ROBERT GAJEWSKI
3. MR. JAMES POLATTY
4. MR. BRUCE BROWN
PROPERTY OF
CAROLINA MARINE STRUCTURES
PO BOX 3069
KILL DEVIL HILLS, NC 27948
PHONE: 2S2-473-2755
FAX: 252-475-1606
PROPOSED BOAT LIFT
IN: MANMADE CANALS
(OLD NAGS HEAD COVE)
AT: 4606 S. COBIA WAY
APPLICATION BY:
MR. LARS SIMONSEN
DATE: 14 MAY 2012
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PARCEL, DATA SHEET
• BUILDING PHOTOS
• TAx 1B ILL
• TAx CERTIFICATION
Parcel: oo6154000
PIN: 989112959578
St#: 46o6 S COBIA WAY
District: 114 ] NAGS HEAD
Subdiv: [0370] OLD NAGS HEAD COVE
SEC A
Lot -Block -Sect: LOT: 24 BLK: SEC: A
Multiple Lots: - Units: 1
Plat -Cab -Slide: PL: 4 SL: 3
Status: ACTIVE
Land Value:
Building Value:
Mise Value:
Gross Real Estate Value:
188,300
74,700
00
272,700
Owner: SIMONSEN, LARS P
Owner: SIMONSEN, CHAMBLEE B
Address: 2120 VIRGINIA RD
EDENTON NC 27932
Ownership: PRIMARY
Nature of Ownership: EUX
Deed Bk/Pg: 1822/0254 - 1/8/2010
PUSE: [oloo] Single Family Residential
* Values are for the current tax bill period
********** END OF RECORD **********
(data file last updated on 6/1/2012)
Dare County Government
954 Marshall C Collins Dr
PO Box l000 Manteo NC 27954
Phone: 252.475.5000
http://www.darenc.com/public/TaxIngParcelRslts.aso?ParceiNumber--006154000 6/4/2012
LAMA / DREDGE & FILL
GENERAL PERMIT Previous permit #
%New Modification Complete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
11 Rules attached.
Applicant Name
Address__
City:` �' . _.. State _ ZIP
Phone #
Authorized Agent SILL
Affected CW 1EW ,PTA ES PTS
AEC(s): OEA 7 HHF 7AH UBA N/A
PWs: -. FC:
ORW. yes / no PNA yes / no Crit.Hab. yes !:
Project Location: County o
Street Address/ State Road/ Lot #(s)
F
Subdivision
'r--......_
City
Phone # ( j _...
River Basin
Adj. Wtr. Body `r A (nat /unkn)
Closest Maj. Wtr. Body—.
Type of Project/ Activity jsv t"
(Scale: )
Pie ock) length
d } #
P tfor (s)
r
Finger piers)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel _
cubic yards
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing_
Oe
.v
FICA fv a
_ t �
I
N Ef Y,,,'
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ou Of
Shoreline Length _ 7751
SAV: not yes no _
_ k .
Sandbags: not sure yes q11
Moratorium: n/a yes W.4P
Photos: fye na f _
}- �a
Waiver Attached: yes oU =) 0tv Ev v
A building permit may be required by: �__'-; See note on back regarding River Basin rules.
Notes/ Special Conditions
w
Agnt eor APPlicant Pgnted N
ame
Signature Please read compliance statement on back of permit's
Application Fee(s) Check #
Issuing Date r E4iAtionD�te
Local Planninglurisdiction Rover File a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
August 21, 2012
CERTIFIED MAIL 7011 1570 0003 6081 9911
RETURN RECEIPT REQUESTED
Mr. Lars Simonsen
106 E. Queen Street
Edenton, NC 27932
Dear Mr. Simonsen:
I have reviewed the information you provided during our July 18th meeting in the Elizabeth
City office regarding the location of your dock. A site visit was made on July 23rd to
confirm your information, and after consultation with Division of Coastal Management staff
and a review of the rules of the Coastal Resources Commission, I have determined that
your dock is in compliance with the rule (07H.1200) by which it was authorized. No further
action is required.
Thank you for your cooperation during our efforts to determine permit compliance. If you
have any questions, you can reach me at 252-264-3901, ext. 235.
Sincerely,
Frank Jennings
District Manager, Northeast District
FJ/yc
Cc: M. Ted Tyndall, Assistant Director, DCM Morehead City
Lynn Mathis, Compliance & Enforcement Representative, DCM, Elizabeth City
1367 US 17 South; Elizabeth City, NC 27909 One
Phone: 252-264-3901 \ FAX: 252-264-3723 Internet: www,nccoastalmanagement.net NorthCarolina
An Equal Opportunity 11 Affirmative Action Employer Naturally
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
June 14, 2012
CERTIFIED MAIL 7011 1570 0003 6081 9775
RETURN RECEIPT REQUESTED
Mr. Lars Simonsen
106 E. Queen Street
Edenton, NC 27932
Dear Mr. Simonsen:
This letter is in regard to development on your property located at 4606
South Cobia Way, in Old Nags Head Cove, Nags Head, Dare County. On July
8, 2010, a Coastal Area Management Act General Permit #55638A was
issued to you to construct a dock and platform in the canal adjacent to your
property. The permit had an expiration date of April 30, 2011. A condition
of the permit is: "Piers and docking facilities shall not interfere with the
access to any riparian property, and shall have a minimum setback of 15
feet between any part of the pier and docking facility and the adjacent
property lines extended into the water at the points that they intersect the
shoreline." That line is established and depicted on the permit drawing,
which shows that the line runs through an existing piling that is the outboard
near piling for the Midgett slip.
After the dock was constructed, a site inspection by members of the
Elizabeth City staff confirmed a portion of the dock encroaches within the
riparian setback corridor. Encroachment within the riparian setback corridor
may be authorized if the adjacent riparian property owner signs a written
agreement waiving the 15-foot setback requirement. It is my understanding
that the adjacent riparian property owner will not sign a written agreement
to waive the 15-foot setback.
As a result of the current situation and conditions, I request you remove that
portion of your dock which is encroaching within the riparian setback
corridor. I am available to assist you in determining the area to be removed
and you can reach me at 252-264-3901, ext. 235.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net One
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer Naturull
Mr. Lars Simonsen
June 14, 2012
Page 2 of 2
If I do not hear from you and no effort to remove the encroaching portion of
the dock is made within 30 days of this letter, I will proceed with initiating a
formal enforcement action.
I hope you will favorably consider my request and bring your dock into
permit compliance and avoid the enforcement process.
Sincerely,
Frank Jennings
District Manager, Northeast District
FJ/yc
Cc: Ted Tyndall, Assistant Director, DCM, Morehead City
File