Fleming, Stephen 84471C

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Previous permit- -:- - _
Date previous permit issued _a_
f_]Partial Reissue
A,: authorized by the Srate ol Nonh Csrolina. Departnrcnr of Environntenral Qualiry and the Coastal Resources Commalrion in an area of environrnent*l (ontern pu6urnt (o:
l-l Rrrler attached.ffi C"nool Permir Rlles avarlable at the lollowing link: wwv.v:sleq^nc.govlCABArulesI5A NCAC
Applicanc Name
Address
Ciry
Fhone #
Email
fficw
florn
ORW:
Type of Project/ Acfivity
Arthorized,Agentrfl- ; _....... "_
Proiect Lacation {Cor:nty): WTf.A{f *
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PNA:
zrP Street Address/Sure Roadllol #(s)
12{x Suhdi?iiion
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AEC(s);
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Closesr Mai. Wrr" Body 1n8-g ,hrr,lb
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shoreiine L"n6ti, 58D'
Accers Langth
Fier {dock) length
Fixed Platformis!
Finger pier(s)
Tot6i plarform.rn" Lln0 St
Groin lengrh/S
BulkheadlRipraplength -r . .
Avg distance ollshore *"
Breakwater/5ill
Mnx distanse/ length
Basin. (hanilel
Cubicyards ,,/
Boat ramp
Permit
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f] rnruramlNEUSE/BUFFER {circre one}
[-l s"u *otu on back re6arding fliver Basin rules
f] See additional notes/conditions on bask
APPTY
Ageilt or Applicant
*rPlease read
00
Fee{s}
on
S/Money lssu
(Please hitial)
tr onenGE & FILL
GENER/AL PERMIT
Fl oating Platfcrm til{-_
SAV obrerved:
Moratoriurn:
5ite Photos:
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Eoalhouse/Boatlift r''
Beach Bulldczinc y'
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Name of Property Owner:
Address of Property:a Lt-
Address of Owner:Mailinq/ti
Owner'*El-^"4<goo ?o- zaB-gu*,
As
Owner's Phone#:
+1
Agent's Name:
Agent's Email:
NA
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ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed bv the Adiacent Propertv Owner)
I hereby certify that I own property ad.iacent 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
descriotion or dra wino. with dimensions. must be Drov ided with this letter
_ | DO NOT have objections to this proposal.I DO have objections to this proposal
lf you have objections to wha t is being proposed, you must notify the N,C. Division ol Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Motehead City, NC 28557. DCM representatives can also be contacted
at [phone]. ,Vo response ,s considercd the same as no objection if you have been notified bycertiriedMait' 5 n. A1+-(".\
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). (lf you wish to waive the setback, you l!!!llgig!
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Propefty Owner
-oR-
I do not wish to waive the 15'setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:x,
Typed/Printed name of AR
Mailing Address of ARPO:
ARPO's email:nt aL vnA",tA t)
Date:@'5 ^4Ji""i?;hria for up to one year from ARPO'S Signature*
PO:
a_
ARPO's Phone#:
16{2t
Revised JfiErc)glvED
JUL ul2022
DCM.MHD CITY
2-u _ri.I *ozz
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL ' RETURN RECEIPT REQUESTED oT HAND DELIVERY
(Top portion to be completed by owner or their agent)
AgenlPhon*: N A
,4
22 July 2022
To Whom lt May Concern:
As the adjacent property owner, I wish to object to the dock proposal from Stephen and Paula Fleming
at229 Hubbard Road, Gloucester NC. We recognize that the new landowner has a need for and right to
a dock. However, the alignment as proposed, a 300-foot dock trending south-southeast from the
southeast corner of their lot, will place the end of the dock and the boat or boats to be docked there in
front of our house, not theirs.
We propose they opt for one or both of these solutions: shorten the dock to about 200 feet, and/or
angle the dock about 30 degrees westward, essentially due south from their property. We also hope
that they will minimize the lighting on the dock. This will lessen the glare in our night-time view plane.
We realize that many people don't value their view of the night sky, but we certainly do. We requested
this from our neighbors on the other side when they asked us to sign off on their dock permit recently.
We did not object to their dock alignment, as it trends southeastward from our riparian zone. We
merely made a verbal request that they minimize the lighting. lnstead, they completely spoiled our view
of the night sky with many bright lights the full length of the dock - a tacky display that far exceeds the
need for night boating safety - and they leave them on all night. This blots out our view of the stars to
the east and also poses a hazard to night-flying seabirds, as research has shown. For this reason, we are
making this request in writing.
It is important to consider that this proposed dock, if extended too near the producing oyster reef
immediately offshore here, will contaminate the oysters with wood preservatives (copper chrome
arsenate, pentachlorophenol, creosote, etc.). My family has owned this property and harvested lhose
oysters for three centuries, but I fear that the recent crowding of this shoreline will soon put an end to
that convenient food source. Any effort to protect this resource, and the adjacent clam beds, will be
most appreciated.
Regards,
Lida Pigott Burney
224 Shore Drive
Gloucester, NC 28528
RECEIVED
JUL 27 ?O?Z
DCM-MHD CITY
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Carteret County, N.C. Jit
July 7, eozz
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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIF IED MAIL . R TURN RECEIP T REQUESTE Dor HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Properg: 4
er 7
' co Aowner's Phone#:E b- Zoa-kerLe
Agent's Name:
Agent's Email:
4)4
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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). (lf you wish to waive the setback, you llElSiS
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback c
Signature A an Prop n
-oR-
I do not wish to waive the 15'setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:q A, -l'n{ IMailing Address of ARPO:
ARPO'S email: ttl*f ARPO's Phone#:
p to one year from ARPO'S Signature*
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Revised JutydWElVeD
JUL 25 2022
DCM.MHD CITY
Date:*waiver is valid for u
of
AgenlPhone#: *-/ A
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be comDleted bv the Adiacent propertv 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
descriotion or drawinq. with dimensions. must be orovided with this letter.
t/ I DO NOT have objections to this proposal. _ I DO have objections to this proposal.
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 [phone], ,Vo response is considered the same as no objection if you have been notified by
Certified Mail.
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Weychert, Curtis R
From:
Sent:
To:
Subject:
Stephen Fleming <[e-mail]>
Wednesday, Augu st 10, 2022 4:40 PM
Weychert, Curtis R
lExternall Re: FW: Send data from MFP12230246 08/05/2022 09:53
cAUTloN: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
ReDort SPam.
Curt,
Based on your sketch of our riparian area I would estimate that the easternmost extent of our proposed pier would be in
excess of 50 feet from the riparian line.
Thank you for your assistance in obtaining our permit for this project.
Steve Fleming
On Wed, Aug tO,2022 at 3:18 PM Weychert, Curtis R <[e-mail]> wrote:
Mr. Fleming, I have attached a document which illustrates an approximate riparian line. We have received an objection
from your neighbor to the east indicating there were concerns that there may be transgression of the riparian line on
your proposed project. Based on my interpretation, you will be within your riparian area. Can you refer to the riparian
line that I have attached and indicate the distance of the easternmost extent of your facility and its location relative to
the riparian line that I have drawn on the drawing. lf you could provide me that information in distance of feet from
the facility to the riparian line, I can continue to process your permit application.
Thank you,
Curt Weychert
Curtis Weychert
DCM Field Representative / EnvironmentalSpecialist ll
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
[e-mail]
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be
disclosed to thlrd parties.
1
---Original Message---
400 Commerce Avenue
Morehead City, NC 28557
http://porta l.ncdenr.orelweb/cm/dcm-home
From: Coastal Management 1st Floor <DCM.Copiers(ancdenr.gov>
Sent: Friday, Augusl5,2022 12:54 PM
To: Weychert, Curtis R <[e-mail]>
Subject: Send data from MFP12230246 OSlOSl2ozz 09:53
Sca nned f rom MFP 12230246
Date:08/05/2022 09:53
Pages:1
Resolution:600x600 DPI
Steve Fleming, PE, RBEC I FLEMING AND ASSOCIATES, P.A.
1004 Hay Street, Fayetteville, NC 28305
Office: [phone] | Cell: [phone] | Fax: (9'10) 433-2604
sfl emino(Ofl eminoandassociates.com I www.fleminoandassociates.com
2
E FLEN/ING &ASSCCIATESpn Project:
Job #:
Designer:
Reviewer:
STRUCTUBAL ENGINEERING . FORENSICS . ROOFING DESIGN
www.f lemingandassociates.com
910.433.2825 ph . 910.433.2GO4fx
1004 Hay Street ' Fayetteville, North Carolina 28305
Sheet:
Date:
Date:
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ELIZ&SETH S. BISER
$rcretcr"l.
BR.AXT$N DAVIS
,ire(t r I*ORTH CAR*LII{A
€nrironmental Qualfry
August 22,2022
Ms. Lida Pigott Burney
224 Shore Drive
Gloucester, NC 28528
Dear Ms. Burney:
This letter is in response to your letter dated July 22,2022 regarding your concerns about the
proposal by Mr. Stephen Fleming to install a pier and platform located within Back Sound at229
Hubbard Road in Gloucester, Carteret County. The proposed project has been determined to
comply with the Rules of the Coastal Resources Commission (7H. 1200), and as such, a permit
has been issued to authorize the development. I have enclosed a copy of the permit, as well as
the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal
Resources Commission. The hearing request must be filed with the Director, Division of
Coastal Management, in writing and must be received within twenty [20) days after the
disputed permit decision is made. I have enclosed the applicable forms and instructions
that must be filed prior to that deadline. Please contact me at [phone] , if you have
any questions, or if I can provide any additional information.
Sincerely,
Heather Styron
District Manager
Ntrth Carolina $epartment *f [*vtrBftrnental Qua]ity i ilivlsisn $f Co&$ta] Managemwrr
Morehead City {}flke i .l$O Cornmerce Avrn*e I M$re&e&d City. North Can!8ina 2s5$?
2S2.5r5.54$r)
N? 84471 A ,.b o
Previous permitS
Date previous permit issued
I Partial Reissue
fu authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
r 5A NCAq Rules attached.fr Cun"of Permit Rules available at the following link www.deq.nc.gov/CAMArules
Applicant Name
Address
City
Phone #
Email
Authorized Agent
State ZIP
Project Location (County):
Street Address/State Road/Lot #(s)
Subdivision@
City &ltM.yLtsD- zt L85?A
Affected
AEC(s):
fcw E[oea tr ffinranr*ftsEW
IHA
PNA:
SPIMA
Iers
I ews
Adj. Wtr. Body
Closest Mal. Wtr. Body lnl-g &urrtD
ORW:
Type of ProjecV Activity 5'r tfvlr
(scate:igfS )
Shoreline Length
Access Length
Pier (dock) length
Fixed Platform(s)Y2b
Floating Platform
Finger pier(s)
Groin length/#
Bulkhead/ Riprap length --/
Avg distance offshore .-
Breakwater/Sill
Max distance/ length
utthbWQ
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TAR/PAM/NEUSE/BUFFER (circle one)
See note on back regarding River Basin rules
f S"" additional notes/conditions on back
Boathouse/Boatlift /
Beach
Other
SAV observed
Permit
by:
akh
Fee(s)Check #/Money lssu
re
me
(Please lnitial)I AM AWARE OF
Agent or Applicant D Name
b
CRC RULES AND CONDITIONS THAT APPI.Y TO THIS PROJECT AND
re +*Please read compliance statement on back of
COMPTIANCE STATEMENT.
4q
T OnsoGE & FILL
GENER/AL PERMIT
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Riparian Waiver Attached:
CAMA THIRD PARTY
HEARING RBQUEST FORM
DCM FORM 5
DCM FILE No:
PETITIONER'S NAME
COLINTY WHERE TFIE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. $ 1l3A-121.1(b) and 154. N.C.A.C.07J.0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. l5A N.C.A.C.07J.0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. $ 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. $ 113,{-121.1(b) and Chapter 1508, Article 4.
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. $ l134-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. $ l13A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. $ l13A-121.1(bX3)]. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why the permit
w as improperly issue d.)
Please answer these questions on a separate piece of paper and attach it to this form
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
The Commission notes that there are some opinions of the State Bar which indicate that non-attorneys may not
represent others at quasi-iudicial proceedings such as this Third Party Hearing Request before the iommiision.
These opinions note that the practice of non-lawyer professionals, such as engineers, surveyors or contractors,
representing others in quasi-judicial proceedings through written argument may be considered the practice of
law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a
non-lawyer represent your interests through preparation ofthis Petition.
DELIVERY OF THIS HEARING REQUEST
This request must be received by the Division of Coastal Management (DCM) within twenty (20) days
of the date of the disputed permit decision. N.C.G.S. $ I l3,{-121.1(b). Failure to do so constitutes
waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney
General's Office, Environmental Division. 15,A. N.C.A.C. 07J .0301(b).
Contact Information for DCM:Contact Information for General's Office
By mail, express mail or hand delivery
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
By Fax:
(2s2) 247 -3330
By Email:
Check DCM website for the email
address of the current DCM Director
www.nccoastalmanagement.net
By U.S. mail:
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
(9Le) 7 16-67 67
Based on the attached responses to the above factors, the undersigned hereby requests a third party
hearing.
Signature of Petitioner or Attorney Date
Mailing Address
Printed Name of Petitioner or Attorney Email address of Petitioner or Attorney
Telephone number of Petitioner or Attorney
City
Updated: February 2011
State Zip Fax number of Petitioner or Attorney