HomeMy WebLinkAbout88712C - Jones, MalcolmI
a CAMA Y' DREDGE & FILL NI? 88712 A B -C) D
I GENERAL PERMIT Previous permit
Date previous permit issued
11New ❑Modification ❑Complete Reissue ❑Partial Reissue
As authorized by the State of orth Carolina. Department f 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: wvrv.deo nc eov/CAMArules
Applicant Name /L{M,Co�M �E[ItiCCS �h Authorized —Zeb(Lfi"(fo'k) `SIC' riks
r� Agent
Address Project Location County): _ �[,15 V T
0" j-�tState _ZIP �p]_ Street AddrJ
ess/Staze Road/Lot iWl L%T C V
pw� Q
Phone # ({ t"t ) 10 / 2-,L
Email (VI a t Oa b T/,', i�f'(']( LC60hg 1j`1;4t V?'Cj9P`j Subdivision /�
�( City L'll/dt u-?EaL— ZIP ZR6 8
❑ rIIIc���
Affected CW )dEW PTA ❑ ES ❑ pT5 Adj. Wtr. Body 26 J I +rWn � l/ 5
AEC(s): ❑OEA ❑IHA SW ❑SPIMA ❑PWS Closest Mal. Wtr. Body �JL-VNII
ORW: yesto PNA: yese
Type of Project/ Activity
Shoreline Length IV
Access Length /
Pier (dock) length'
Fixed Platform(s) /
Floating Platform(s)/
Finger
0
Total Platform area
Groin length/#
Bulkhead/ Riprap length 1�ttom-,'
Avg distance offshore l //, NV F'ur�v f
Breakwater/ ill l.a'�`""SI. -
Max distance) length h r /ys7 h�c.t•�tf ILV L9Cf191s
Basin, channel, j P
Cubic yards
Boat ramp,
Boathouse/ Boatlift
Beach Bulldozing/—
Other_/
SAV observed: Q� - yes o v
Moratorium: n(a yes
Site Photos: yes MON
Riparian Waiver Attached: yes
A building permit/zoning permit may be required by:
Permit ConditionAl -NG' 514- IMAM. A41 kAM..lIEL(GF-{ ,\17ri YI'rag,,
AWARE
Agent
Signature�� lease read compliance statement on back of permit--
�Ipelln Si—g ah
a'
Application Feels) Check #/Money Order Issuing
• A r
►J �
�(1
•
s
v
MN&HEYV I`r ❑TAR/PAM;NEUSE/BUFFER'(circle one)
,[�'I..��q'�,( , \J/ ❑ See note on back regarding River Basin rules
'/r WL N } � See additional notes/wnditionson back
(Please
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:
Tar - Pamlico River Basin Buffer Rules 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).
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, Onsiow
Counties)
Elizabeth City District
401 S. Griffin St. Ste. 300
Elizabeth City, NC 27909
252-264-3901
(Serves: Bartle, 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 28405-3945
910-796-7215
Fax: 910-395-3964
(Serves: Brunswick, New Hanover and Pender Counties)
httL: J ortal.ncdenr.Crg/web/cm/cicm-home Revised6/01/2021
t CAMA R DREDGE & FILL N9 88712 A e P D
a GENERAL PERMIT Previous permit
Date previous permit issued
VNew ❑ Modification ❑ Complete Reissue ❑ Partial Reissue
As authorized by the State of on Carolina Department f Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
15A NCAC
i
❑ Rules attached.
® General Permit Rules available at the follovdng link: v~vdea.nceov/CAMArules
Applicant Name 4M,6
LM a2 5
Authorized Agent b 7fi/.JA
OTS�`f��iS u L(.L,
Address Td{�Tt 6A'iLw00s
Project Location (County):
City
_�SState �� ZIP _
Street Address/State Road/Lot #(s) 3t 5
IyV I (: % V�
Phone # (i tn)
i
7
' 1
Email mae. ot')
kr f«1
Subdivision
�srf
City CWUq fiV
ZIP
Affected ❑ c1N
��zzff
MEW ❑ ES ❑ PTS
Adj. Wtr. Body fN,�,'� .] I Q/���q1 5y
�nan/unk)
AEC(s): - ❑OEA
�PfA
❑IHA UW ❑SPIMA ❑PWS
Closest Maj. Wtr. Body (..," '"
��yy q� jj��
` colo /
ORW: yese
PNA: yese
Type of Project/ Activity
Shoreline Length !JU
Access Length
Pier (dock) lengths
Fixed Platform(s) /
Floating Platform(s)G
Finger pier(s)
Total Platform area
Groin length/# -�
Bulkhead/ Riprap length
Avg distance offshore -�
Breakwater/ it Ila1
Max distance/ length
Basin, channel
Cubic yards
Boat romp/
Boathouse/ Boatlift
Beach Bulldozing/
Other—/
;uaovtvo �
µW yM
/ M1�N� LL LAl'R91gJ
kR
SAV observed: yes o
Moratorium: n/a yes
Site Photos: yes
Riparian Waiver Attached: yes
A building permit/zoning permit may be required by:
Permit
Agent or Applicant PRINTED Name
(Scale:OT'5 )
DOA)n 3 (5 Q016 (tvc
(tv6-H &,QvvV-�D�
q®
G Z 3 hPoss �
J Q\4
•ten
� �4PDQoX R� L
THAT APPLY TO THIS
/ ow
0J WAdveQ/
(Gr ❑ TAR/PAM/NEUSE/BUFFER(circle one)
JJ
F1�See note on back regarding River Basin rules
I/my) 17V See additional notes/conditions on back
(Please
Signature "'Please read compliance statement on back of permit" /� Si6att
7X °d �!A8l!Q— —
Application Feels) Chec #/Money Order Issuing
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).
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 Washington District
400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889
252-808-2808/ 1-888-411COAST Fax: 252-247-3330 252-946-6481
(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)
http://portal.ncdenr.org/web/cm/dcm-home
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)
Revised 6/01/2021
(JV
CAMA DREDGE 8L FILL N9 88712 A (3 c D
GENERAL PERMIT previous permit -�
Date previous permit issued /
New ❑Modification ❑Complete Reissue ❑Partial Reissue
As authorized by the State o�,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 folloyAng link: w .dea.nc ew/CAMArules"
City
Phone # (
Authorized Agent �
Project Location (County):
State ZIP _ Street Address/State Road/Lot
Subdivision -
city
Affected ❑CW f2EW PTA ❑ES ❑PTS Adj. Wtr. Body (nattman/unk)
AEC(s): ❑OEA ❑INA muW ❑SPIMA ❑PWS Closest Maj. Wtr. Body
ORW: yes/
hoi PNA: yes/no
Type of Project/ Activity (
(Scale:
Shoreline Length ,�
Access Length ,
Pier (dock) length
Fixed Platformfs)
Floating Platform(s)/
Finger pier(s)
Total Platform area % t
Groin length/M /
t
Bulkhead/ Riprap length =
Avg distance offshore
Breakwater/Sill
Max distance/ length
Basin, channel
Cubic yards
Boat ramp, t
Boathouse/ Boatlift
Beach Bulldozing,
Other_--
SAV observed: yes no
Moratorium: n/a yes no
Site Photos: yes no
no
r---
— --` --- i
Riparian Waiver Attached: yes
A building permit/zoning permit may be required by
i?II, SILL
❑TAWPAM/NEUSE/BUFFER (circle one)
Permit Conditions r';', l.L lJyi (•,/-'c!;(j/r'ri
_lh).l: 41i/-tip
N(1�.
A(�, �� )� 1(-') �� 1S
I:iTLlP -70
I
❑ See note on back regarding River Basin rules
t I( �! `` 1r^ �4' 7u�'
S1bl 1�16 SfiC
SLLALC
Sil 1uh7r""�
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 PRIy1TE Name
Signature •'Please read compliance statement on back of permit* " Sigatur
Appliwtian Feels) Check #/Money Order Issuing Date Expiration Dake
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:
Tar - Pamlico River Basin Buffer Rules 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: Berne, 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
*te"r" ❑CAMA ElDREDGE & FILL N9 88712 A B C D
-ANN,
Previous 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: c.
I SA NCAC ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules.
Applicant Name _
Address
City
Phone # (_ )
Email
State ZIP
Authorized Agent
Project Location (County):
Street Address/State Road/Lot #(s)
Subdivision
City
Affected ❑ CW ❑ EW PTA ❑ ES ❑ pTS Adj. Wtr. Body (nat/man/unk)
AEC(s): ❑ OEA ❑ IHA MUW ❑ SPIMA ❑ PWS Closest Mai. Wtr: Body
ORW: yes/no PNA: yes/no
Type of Project/ Activity
Shoreline Length
Access Length
Pier (dock) length,
Fixed Platform(s) —
Floating Platforms).-
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 Bulldozingy
Other_
A building Permit/zoning permit may be required by:
❑ Permit Conditions TAR/PAM/NEUSE/BUFFER (circle one)
- III ��❑ III See note on back regarding River Basin rules
See additional notes/conditions on back
(Scale: )
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
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 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)
http://portal.ncdenr.org/web/cm/dcm-home
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)
Revised 6/01/2021
N I E
SHORELINES
29 August 2022
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Application for CAMA General Permit 2700
Rebecca and Malcolm Jones Jr.
315 Quiet Cove, Gloucester, NC
Dear Mr. Weychert:
Native Shorelines
A Div of Restoration Systems, LLC
1101 Haynes St, Suite 211
Raleigh, North Carolina 27604
(919) 755-9490
Please find attached copies of the necessary documentation to request a GP 2700 for installation of 110
linear feet (LF) of offshore sill at the above referenced property. The following is included in this packet:
Figure 1— Location Map & Site Plan
Figure 2 — Cross -Section of Proposed Offshore Sill
Figure 3 — Existing Conditions Photos
Signed Agent Authorization for CAMA Permit Application
Adjacent Riparian Property Owner Statements for adjacent landowners
• Adjacent Riparian Owner of 317 Quiet Cove did not waive setback
• Adjacent Riparian Owner of 313 Quiet Cove was unable to be contacted via certified
mail. Documentation of attempted contact is included.
As we did not receive a signed form for 313 Quiet Cove, the riparian setback is assumed to NOT be
waived. The offshore sill will be constructed within 25 feet of normal high water within the 15-foot
setback on each side of the property.
Please let us know when you would like to visit the site and/or the permit is ready for signature. If you
have any questions, please feel free to contact me or Mary -Margaret McKinney. My contact information
is listed below. Ms. McKinney can be reached at 252.333.9852 or mary-margaret@nativeshorelines.com
Sincerely,
NATIVE SHORELINE)
f/gan
Coastal Ecologist
morgan@nativeshorelines.com
804.385.4981 RECEIVED
AUG 2 9 2022
www.nativeshorelines.com DCM'MHD CITY
Project Location Map Project Description
An offshore sill is proposed to be constructed
at 315 Quiet Cove, Gloucester, NC, as
shown to the left and below. The total length
of the offshore sill will be approximately 110
linear feet.
The offshore sill will be constructed by
layering QuickReefT units parallel to the
shore as shown on Figure 2. Coir fiber
matting or equivalent will be placed
underneath the material to reduce settling.
The landward edge of the sill will be no more
than 30 feet waterward of normal high water
or no more than 5 feet waterward of existing
coastal wetlands, whichever distance is
greater. Baffled gaps at least 5 feet in width
will be placed at least every 100 feet in the
sills to allow water circulation and fish
passage per permit requirements. All other
applicable specific and general conditions
outlined at 15A NCAC 071-1.2700 will be met.
Site Plan
Proposed Living Shoreline
Figure 1
Restoration Systems
1101 S Haynes St
its Quiet Cove
Location Map & Site Plan
Suite211
Gloucester, NC
Raleigh, NC 27504
ff a
Applicant(s)
919.755.9490
Rebecca & Malcolm Jones Jr
-
Date Prepared: May 18th, 2022
1108 Oakwood Ave.
RS Shorelines Div
Mapping Source: Google Earth 05/18/22
Raleigh, NC 27601
252.333.9852
www.RSshorelines.com
NC OneMa 05/18/22
11
1 1
UICKREEF
QuickReell" is a patent -pending living shoreline system comprised of a proprietary mixture of natural
calcium carbonate materials, such as oyster shell and limestone marl, cemented together and
arranged in the shallow waters of the intertidal zone in a configuration that attenuates wave energy,
encourages marsh accretion behind the structure, and creates aquatic habitat within the structure. .
Comprised primarily of native coastal materials, QuickReef- provides an ideal substrate for oyster
recruitment and aquatic environment enhancement. The structure can also be bound together with
stainless steel cable to create an articulating system if conditions warrant. Over time, QuickReef'
living shorelines can naturally grow with sea level rise to provide resilient shoreline protection.
Normal High Water
/ Line
Structure height shall not exceed
12' above NHW or height of adjacent
wetland substrate, whichever is taller
Number of center units may
vary as needed to reach o �xsnum
desired height a slope sloes
1.sn
NHW
Spartina patens Spartine attemiflorn ` — — — — _
planting (optional) I planting (optional)
—NLW
Max 30 it from NHW or 5 it from Coastal Max 12 it
Wetlands, whichever is greater
Cross Section of Low -Energy QuickReefT" Offshore Sill
Example of
QuickReefT" Offshore Sill
Proposed Living Shoreline
315 Quiet Cove
Gloucester, NC
Date Prepared: May 18th, 2022
Example of
Baffled Gap in an Offshore Sill
Figure 2
Cross -Section
Applicant(s)
Rebecca & Malcolm Jones Jr.
1108 Oakwood Ave.
Raleigh, NC 27601
Restoration Systems
1101 S Haynes St
Suite 211
Raleigh, NC 27504
919.755.9490
RS Shorelines Div
252.333.9852
www.RSshorelines.com
m
n
m
m
v
_ y
Raft- r ,
_ - o
n ;U
m
77 _ m
,' p co
n o m
- <
yob
E pill
Proposed Living Shoreline
315 Quiet Cove
Figure 3
Existing Conditions
Restoration Systems
1101 S Haynes St
suite zll
Gloucester, NC
A10 I ica nt(s)
Raleigh, NC 27504
919.755.9490
Rebecca &Malcolm Jones Jr.
Date Prepared: May 18th, 2022
Photos Taken: 04/05/2022
1108 Oakwood Ave.
Raleigh, NC 27601
RS Shorelines Div_
252.333.9852
www.RSshorelines.com
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Malcolm Jones Jr.
Mailing Address:
Phone Number:
Email Address:
1108 Oakwood Ave.
Raleigh, NC 27601
(919)-410-9726
mac.Jones@barringerconstruction.com
I certify that I have authorized Restoration Systems, LLC / NCCF
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: living shoreline
at my property located at 315 Quiet Cove, Gloucester, NC
in Carteret County.
l furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Print or Type Name
WIJEF-
n Title
Date
RECEIVED
This certification is valid through 05 / 31 / 2023 ms 2 9 NZZ
DCM-MHD CITY
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Rebecca and Malcolm Jones Jr.
Address of Property:
316 Quiet Cove, Gloucester, NC
Mailing Address of Owner: 1108 Oakwood Ave., Raleigh, NC 27601
Owner's email: n1 Jones6baningercon"cton.com
Owner's Phone#: (919)-410-9726
Agent's Name: Restoration Systems, LLC I NCCF Agent Phone#: Morgan Rudd: (804)-385-4981
Agent's Email: mrudd@restorationsystems.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adlacent 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. 9
description or drawinc with dimensions must be provided with this letter.
Check Here X I DO NOT have objections to this proposal. 100 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
matted to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at (252) 808-2808. No response Is considered the some as no objection /f you have been notified by
Certified Mail.
WAIVER SECTION
1 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.)
Sign Here I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR. -OR-
Inldel Here I do not wish to waive the 15' setback requirement (initial the blank)i ,
r
sign Here Signature of Adjacent Riparian Property Owner:
and I% ( G�Lc.:. �—
TypedlPrinted name of ARPO:
Comgee
Mailing Address of ARPO: ; , ,, G� �t��- 6 L'1 . (. i p j •` «t S J �] %�
ARPO's email: > > %` ' r f_. _, __ ARPO's Phone#:
Date: `waiver Is valid for up to one year from ARPO's Signature*
Revised July 2021
RECEIVED
AUG 2 9 2022
DCM-MHD CITY
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8/29/22, 9:59 AM Carteret County, NC Pmperty Record Card
Carteret County
Property Data
Parcel Number: 733604722980000
Inquiry Date: 8/29/2022
DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret County Tax
Office.
Property Info
PARCEL NUMBER:
OWNER:
PHYSICAL ADDRESS
MAILING ADDRESS:
LEGAL DESCRIPTION:
DEED REF:
PLAT REFERENCE:
NEIGHBORHOOD:
SALE DATE:
SALE PRICE:
ACREAGE:
LAND VALUE:
EXTRA FEATURE VALUE:
Sketches
PHR2006
196' ;
PCH2s 06
Building Info
733604722980000
BATHS:
3.5
FINCHER,SEAN S
BEDROOMS:
5
313 QUIET COVE
CONDITION:
N/A
GLOUCESTER
105 KIRKWOOD DRIVE
EXTERIOR WALLS:
29 HARDIPLANK
FAYETTEVILLE NC 28303
FLOOR FINISH:
12 HARDWOOD
L18 FERRY DOCK LANDING
11 CERAMIC
1372-38
FOUNDATION:
03 POST
30-604
HEAT
10 HEATPUMP
ROOF COVER:
03 COMP SHNGL
90042
13 GALVMETAL
04/01/2011
ROOF STRUCTURE:
03 GABLE
$175,000
SQUARE FOOTAGE:
2924
0.513
YEAR BUILT
2005
$146,130
BUILDING VALUE:
$326,521
$78,734
PARCEL VALUE:
$551,385
8.0' n
5.0'
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1aa' TCP2005
r 1551'
16.0'
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388' 14.0' m
12.0'
RECEIVED
AUG 2 9 2022
DCM-MHD CITY
https:l/amgisweb.cartemtmuntync.gov/PropertyRmordCardIPmpertyDetails.wpx?pin=733604722980000 1/2
9/14/22, 4:06 PM
Mail - Morgan Rudd - Outlook
Quiet Cove Living Shoreline - Adjacent Landowner Notification
Morgan Rudd <Morgan@nativeshorelines.com>
Thu 6/2/2022 10:44 AM
To: seansfincher@gmail.com <seansfincher@gmail.com>
0 2 attachments (3 MB)
ARPOS - Jones (1).pdf; Jones - Quiet Cove.pdf;
Good Morning Sean,
I have attached a copy of Mac Jones's living shoreline permit drawing for your reference and
the adjacent landowner form we need signed. We respectfully request that you CHECK that you
have no objections to the proposed project and SIGN the waiver section waiving the 15-
foot riparian setback from the property line so that he may protect his entire property.
Please return the form to me by email at your earliest convenience.
Please note that not waiving the setback does not prevent construction of the proposed living
shoreline up to the property line, but merely requires the section within 15 feet of the property
line to be constructed no further out than 25 feet from mean high water. The structure will meet
this requirement as currently proposed. You are welcome to submit any objections to the project
directly to Brad Connell, Field Representative with the NC Division of Coastal
Management(brad.connell @ ncden r.gov).
Thanks so much for your assistance with this. Feel free to contact me with any questions you
might have. You can also obtain more information on living shorelines and see photographs of
completed projects at our website: www.RSShorelines.com.
Morgan
Morgan Rudd
Coastal Ecologist I Restoration Systems, LLC
804.385.4981
www.rsshorelines.com
https:lloutlook.office.comlmail(d/AAQkADkxZVN2ZmElLWFkMWQtNDBmNC04ZGYxLWB3NWFyZWU4NjEyZAAQAIKgWskkC5lFp3OTNvEgV2Y%3D 1/1
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9114122, 4:09 PM Carteret County, NC Property Record Card
Carteret County
Property Data
Parcel Number: 733604722980000
Inquiry Date: 9/14/2022
DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret County Tax
Office.
Property Info
Building Info
PARCEL NUMBER:
733604722980000
BATHS:
3.5
OWNER:
FINCHER,SEAN S
BEDROOMS:
5
PHYSICAL ADDRESS
313 QUIET COVE
CONDITION:
N/A
GLOUCESTER
MAILING ADDRESS:
105 KIRKWOOD DRIVE
EXTERIOR WALLS:
29 HARDIPLANK
FAYETTEVILLE NC 28303
LEGAL DESCRIPTION:
L18 FERRY DOCK LANDING
FLOOR FINISH:
12 HARDWOOD
11 CERAMIC
DEED REF:
1372-38
FOUNDATION:
03 POST
PLAT REFERENCE:
30-604
HEAT.
10 HEATPUMP
NEIGHBORHOOD:
ROOF COVER:
03 COMP SHNGL
g0042
13 GAWMETAL
SALE DATE:
04/01/2011
ROOF STRUCTURE:
03 GABLE
SALE PRICE:
$175,000
SOUARE FOOTAGE:
2924
ACREAGE:
0.513
YEAR BUILT:
2005
LAND VALUE:
$146,130
BUILDING VALUE:
$326,521
EXTRA FEATURE VALUE:
$78,734
PARCEL VALUE:
$551,385
Sketches
PC 26906
21.0'
6.0'
SA'
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t44' TCP2005
b 1551,
m
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https:tlucgisweb.cartewtcountync.gov/PmpenyRecordCard/PropertyDetails.aspx?pin=733604722980000 1@
9/14/22, 4:09 PM Carteret County, NC Property Record Card
Photos
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804.385.4981
[PHONE 12
Talkadivity
Date Time Number Origination Destination Min. Airtime Charges LID/Other Charges Total
Jun 2 7:31 AM 804516.8516 Morehead C, NC Richmond, VA 1 -- — --
Jun 2 7.,49 AM 804516.8516 Morehead C, NO Incoming, CL 7 -- -- --
Jun 2
8:21 AM 252.333.9852
Morehead C, NC
Incoming, CL
28 — -- --
Jun 2
8:50 AM 252.333.9852
Morehead C, NC
Incoming, CL
14 — — --
Jun2
9:27 AM 252.333.9852
Morehead C, NC
Incoming, CL
16 -- — —
Jun 2
9.53 AM 910.237.3565
Morehead C. NC
Incoming, CL
4 -- — --
Jun 2
10A3 AM 252.333.9852
Morehead C, NC
Elizabthcy, NC
1 -- — --
Jun 2
10:31 AM 252.333.9852
Morehead C, NC
Elizabthcy, NC
12 -- -- --
Jun 2
10,57 AM 919.3465901
Morehead C, NC
Incoming, CL
4 — — --
Jun 2
12:49 PM 252.333.9852
Swansboro, NO
Incoming, CL
9 — — --
Jun 2
- 1:25 PM 252.333.9852
Jacksonvil, NC
Incoming, CL
1 — — --
Jun 2
2:11 PM 252.633.4461
Hampstead, NC
Incoming, CL
2 — — --
Jun2
3:25 PM 336.662.7794
Wilmington, NC
Greensboro, NC
2 — -- —
Jun 2
3:41 PM 804.370.1922
Hampstead, NC
Richmond, VA
16 — -- '-
Jun 2
492 PM 678.988.9809
Holly Ridg, NC
Cedartown, GA
3 — — --
Jun 2
4.15 PM 919.696.1011
Jacksonvil, NC
Raleigh, NC
2 -- — --
Jun 2
4:17 PM 252.333.9852
Jacksonvil, NC
Elizabthcy, NC
1 — — --
Jun 2
4:17 PM 252562.3453
Jacksonyl, NC
Incoming, CL
2 — — --
Jun 2
4d9 PM 252.333.9852
Jacksonvil, NC
Elizabthcy, NC
4 — — --
Jun2
4:36 PM 252.562.3453
SWansboro, NC
Incoming,CL
2 -- -- '-
Jun 2
509 PM 336.662.7794
Morehead C, NC
Incoming, CL
2 — — --
14
Weychert, Curtis R
From:
Morgan Rudd <Morgan@nativeshorelines.com>
Sent:
Wednesday, September 14, 2022 5:41 PM
To:
Weychert, Curtis R
Cc:
Mary -Margaret McKinney, lexiaw, Mac Jones
Subject:
Re: [External] 315 Quiet Cove, Gloucester, NC
Attachments:
Fincher Certified Mail Receipt.pdf, Fincher Certified Mail Return.pdf; Fincher Email
Notification.pdf, Fincher Mailing Address per Carteret Co GIS.pdf, Fincher Call
History.pdf
CAUTION: External email.
Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Evening Curt,
Thank you for sending this. In order to assist with the objections that the adjacent landowner has, we have
provided our opinions on their objections below.
1) We believe that 15A NCAC 07J.0204(b) relates to Major Permits and therefore should not be applicable in
this situation as our client, Mr. Jones, is applying for a general permit to be authorized under 15 A NCAC
07H.2700
2A) Per the attached (Fincher Certified Mail Receipt), we sent certified mail to the address on file with the
Carteret County tax office for 313 Quiet Cove Ln (Mr. Fincher's property) on 5/19/22. It was returned to
sender (Fincher Certified Mail Return).
2B) Per the attached (Fincher Call History), I left Mr. Fincher a voicemail on 6/1/22. Mr. Fincher returned my
call on 6/2/22 at which time I explained the project and obtained an email address from him.
2C) Per the attached (Fincher Email Notification), see my email communication with the Mr. Fincher on
6/2/22.
If Mr. Fincher would like to provide an updated mailing address, we would be more than happy to provide him
with the proposed project drawings again and include more information regarding living shorelines.
3) Regarding Mr. Fincher's recreational use, the proposed sill will not cross the property line and will remain
within Mr. Jones's property. Even without a waiver of the 15' setback from Mr. Fincher's property line, we
would be able to construct the sill up to the property line within 25' of mean high water without infringing on
Mr. Fincher's recreational use. At no location along the structure will Mr. Jones's offshore sill interfere with
Mr. Fincher's access to navigational channels or Mr. Fincher's dock. Mr. Fincher would have to cross Mr.
Jones's property line for his concerns to be valid.
4) There is ample evidence documenting the benefits provided by living shorelines. There is no evidence that
we are aware of that installation of living shorelines reduces property values. By reducing erosion and
promoting marsh accretion, living shorelines may actually increase property values.
5) Mr. Jones's property does not have oyster reefs or shell bank subtrate, rather a sandy bottom substrate.
There are oysters growing on the granite along his shoreline, but no such reefs or shell banks are present. Per
this specific and general condition, the constructed sill would remain 10' from any live oysters, including those
on the granite if necessary. However, please confirm whether this condition applies to the oysters present on
the existing granite structure.
Please let me know how else I can assist in this matter. Thank you for your time.
Morgan
Morgan Rudd
Coastal Ecologist
Restoration Systems, LLC / Native Shorelines
www. nativesho re I i n es. com
804.385.4981 I morgan@nativeshorelines.com
PO Box 1873
Morehead City, NC 28557
From: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Sent: Wednesday, September 14, 2022 2:43 PM
To: Morgan Rudd <Morgan@nativeshorelines.com>
Subject: FW: [External] 315 Quiet Cove, Gloucester, NC
Miss Rudd,
Please see the attached response regarding the proposal of the Sill at 315 Quiet Cove, Gloucester. If you have any
responses to the objecting party, please let me know what your thoughts are.
Regards,
Curt Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Cu rt. Wevchertat7.ncdenr.gov
Q
400 Commerce Avenue
Morehead City, NC 28557
hftp://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jennifer Fincher <jkfincher@jkfincherlaw.com>
Sent: Monday, September 12, 2022 5:28 PM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Cc: seansfincher@gmaii.com
Subject: [External] 315 Quiet Cove, Gloucester, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Weychert,
Please see attached. Thank you.
Jennifer K. Fincher
Jennifer Kirby Fincher, PLLC
Attorney at Law
PO Box 53674, Fayetteville, NC 28305
324 N. McPherson Church Rd., Fayetteville, NC 28303
Phone: 910.867.7200
Fax: 910.867.7204
Ka7►1�1»►fllr/_11/�:7D/I�Xel:llaii iPPIIAi reTTWOU
The information contained in this email message is only for the
confidential use of the intended recipient(s). This message may be
attorney -client communication or other privileged communication. If the
reader of this message is not the intended recipient, you are hereby
notified that you have received this document in error and that any review,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message. Thank you.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
September 26, 2022
Mr. Sean Fincher
c/o Ms. Jennifer IC Fincher
65 Quaker Ridge Road
Pinehurst, NC 28374
Dear Mr. Fincher:
NORTH CAROLINA
Environmental Quality
This letter is in response to your objections dated received by DCM on 9/16/2022 and 9/22/2022
regarding your concerns about the proposal by Mr. Malcolm Jones Jr. (c/o Restorations Systems
LLC) to install an offshore sill within the Straits at 315 Quiet Cove in Gloucester, Carteret
County. The proposed project has been determined to comply with the Rules of the Coastal
Resources Commission (7H..2700), 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 (252) 515-S417, if you have
any questions, or if I can pro an dditional information.
Since elyrSHtyron
District Manager
eiwommamam� /"�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
2525155400
i
JENNIFER K. FINCHER
ATTORNEY AT LAW
Curtis Weychert Seam vier electronic may2.
DCM Field Representative / Environmental Specialist .11
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
Re: 315 Quiet Cove, Gloucester, C: 28528
Dear Mr. Weychert:
RECEIVED
SEP 2 2 2022
DCM-MHD CITY
I am writing on behalf of my client Sean Fincher, in rssponee to ptl a 4 it ¢ nt'1 infor rrrat"on
provided by you regarding all tq),A�utioo. by ?,ebeccz, and Afial of :lont�, -, for an OtTzliore sill
at 315 Quiet Cove, fsl uce;>ter, NC 28528-
First and foremost, my client did not receive written notice of the application uutil you sent the
documents by email. He has riot H %;ed at 105 Kirkwood Dive, Fayetteville, Nf sitts,e June of
2021.
Next, the Jones plan is projected to cover one hundred (100) feet o{'shoreline that would then
displace both sand and water from their watelt'ront to those of the adjoining lot owriors. The
displacement of water, paoiculariy at high tide or during a storm, would increase the iikelihood
of damage to my client's sea waif and dock and potentially cause a spillover into lily client's
backyard. The displacement of sand will also interfere with try client's seater acccss by boat.
from his dock, particuiariv at low tide, noted in the prior objections bill made clear by the plan.
The remaining objections outlined in rly initial le as are reneive', xi Thi,, infarniatior. you sent
only makes it clearer that these would indeed be issues.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
�.
Jennifer K. Fincher
RECEIVED
SEP 2 2 2022
DCM-MHD CITY
M I
JENNIFER K. FINCHER
ATTORNEY AT LAW
September 12, 2022
RECEIVED
SEP 16 2022
DCM-MHD CITY
Curds Weychert Sent via electronic mail (Cttrt.We cher1Ancdenr.rov) and USPS
DCM Field Representative / Environmental Specialist H
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
Re: 315 Quiet Cove, Gloucester, NC 28528
Dear Mr. Weychert:
I am writing on behalf of my client, Sean Fincher, With respect to an apparent application by
Rebecca and Malcolm Jones, Jr. for an offshore sill at 315 Quiet Cove, Gloucester, NC 28528.
Please accept this as my client's written objection to the same for the following reasons:
1. Pursuant to 15A NCAC 07J.0204(b), an application is considered complete after
"... notice to adjacent riparian landowners is provided, either through certified mail or
actual notice, among other requirements. Landowners shall have 30 days from the date of
notification in which to comment." Proper notice and time for response has not been
provided to my client.
2. Pursuant to 15A NCAC 07H.2702, the applicant must provide either 1) confirmation that
a written statement has been obtain signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or 2) confirmation that the
adjacent riparian property owners have been notified by certified mail of the proposed
work. This has not been provided because my client did not sign a written statement nor
did he receive certified mail.
3. The proposed project will interfere With my client's enjoyment and use of his property
and riparian tights, including, but not limited to, access to navigation channels and use of
his dock and the surrounding beach at low tide by he, his family, and his dogs.
4. The proposed project may negatively impact the market value of my client's property.
5. 15A NCAC 07H .2705(q) notes that sills shall not be constructed within any habitat that
includes oyster reefs or shell banks and shall have a minimum setback of 10 feet from
any oysters, oyster beds, or shell banks. This area has many.
My client reserves the right to submit additional objections during the statutory period for
response. Should you have any questions, please do not hesitate to contact me.
Sincerely,
#MW
Jennifer K. Fincher
RECEIVED
SEP 16 2022
DCM-MHD CITY
Weychert, Curtis R
From: Weychert, Curtis R
Sent: Monday, September 19,'2022 9:13 AM
To: Jennifer Fincher
Cc: seansfincher@gmail.com
Subject: RE: [External] 315 Quiet Cove, Gloucester, NC
Attachments: D00091922-09192022090604.pdf
Ms. Fincher,
If you have not received the information regarding the project, I have included the entire application package that was
received by this office. Please take this email as your opportunity to add any objections to your previous letter based on
the information that you have been provided. If you have no additional objections please let me know as soon as you
can.
Thank you.
Curtis Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt. Wevchert(a)ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
hftp://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jennifer Fincher <jkfincher@jkfincherlaw.com>
Sent: Monday, September 12, 2022 5:28 PM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Cc: seansfincher@gmail.com
Subject: [External] 315 Quiet Cove, Gloucester, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Weychert,
Please see attached. Thank you.
Jennifer K. Fincher
Jennifer Kirby Fincher, PLLC
Attorney at Law
PO Box 53674, Fayetteville, NC 28305
324 N. McPherson Church Rd., Fayetteville, NC 28303
Phone: 910.867.7200
Fax: 910.867.7204
CONFIDENTIAL/PRIVILEGED COMMUNICATION
The information contained in this email message is only for the
confidential use of the intended recipient(s). This message may be
attorney -client communication or other privileged communication. If the
reader of this message is not the intended recipient, you are hereby
notified that you have received this document in error and that any review,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message. Thank you.
Weychert, Curtis R
From: Weychert, Curtis R
Sent: Monday, September 19, 2022 9:04 AM
To: Jennifer Fincher
Cc: seansfincher@gmail.com
Subject: RE: [External] 315 Quiet Cove, Gloucester, NC
Ms. Fincher,
Have you received any drawings or seen the proposal of the project at this point. My records indicate that the certified
mail was returned to the sender. Is that in fact the case?
Thank you,
Curt Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt: Wevchert(oncdenr.gov
D_EQ�
400 Commerce Avenue
Morehead City; NC 28557
http:llportal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jennifer Fincher <jkfincher@jkfincherlaw.com>
Sent: Monday, September 12, 2022 5:28 PM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Cc: seansfincher@gmail.com
Subject: [External] 315 Quiet Cove, Gloucester„ NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Soam.
Mr. Weychert,
Please see attached. Thank you.
Jennifer K. Fincher
Jennifer Kirby Fincher, PLLC
Attorney at Law
PO Box 53674, Fayetteville, NC 28305
324 N. McPherson Church Rd., Fayetteville, NC 28303
Phone: 910.867.7200
Fax: 910.867.7204
CONFIDENTIAUPRIVILEGED COMMUNICATION
The information contained in this email message is only for the
confidential use of the intended recipient(s). This message may be
attorney -client communication or other privileged communication. If the
reader of this message is not the intended recipient, you are hereby
notified that you have received this document in error and that any review,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message. Thank you.
Weychert, Curtis R
From: Jennifer Fincher <jkfincher@jkfincherlaw.com>
To: Weychert, Curtis R
Sent: Monday, September 19, 2022 11.46 AM
Subject: Read: [External] 315 Quiet Cove, Gloucester, NC
Your message
To: Jennifer Fincher
Subject: FW: [External] 315 Quiet Cove, Gloucester, NC
Sent: Monday, September 19, 2022 10:59:51 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, September 19, 2022 11:45:45 AM (UTC-05:00) Eastern Time (US & Canada).
JENNIFER KIRBY FINCHER PLLC
ATTORNEY AT LAW
PO BOX 53674
FAYETTEVILLE. NC 28305
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Weychert, Curtis R
From:
Goebel, Christine A
Sent:
Thursday, September 22, 2022 5:00 PM
To:
Weychert, Curtis R
Cc:
Styron, Heather M.
Subject:
RE: [External] 315 Quiet Cove, Gloucester, NC
Hi Curt!
Has this been issued yet? If so, what date? Please send me a copy of the permit.
If not- do we think her objections are a basis for denial? If someone didn't get notice from the applicant, but does get
notice somehow before the permit decision is made, then they can't really argue against notice since the purpose of the
notice is to have the opportunity to raise objections (and for DCM to consider those objections before making a permit
decision). So if not yet issued, we consider the substance of the objections and make a permit decision..... the apparent
notice issues essentially become moot.
If it has been issued, I'll respond to herto tell her about the Third -Party Hearing Request process and how they can
appeal.
Christy G
From: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Sent: Thursday, September 22, 2022 12:45 PM
To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>
Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov>
Subject: FW: [External] 315 Quiet Cove, Gloucester, NC
Hey Christy, I received this additional objection letter from the neighbor which indicates that they were notified of the
project via my email to them. Just wanted to see your thoughts on moving forward.
Thanks again,
Curt
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt, WeychertC@ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
hftp://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jennifer Fincher <jkfincher@ikf!ncherlaw.com>
Sent: Thursday, September 22, 2022 12:29 PM
To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>
Cc: seansfincher@gmail.com
Subject: RE: [External] 315 Quiet Cove, Gloucester, NC
Good afternoon! Please see attached. Thank you.
Jennifer K. Fincher
Jennifer Kirby Fincher, PLLC
Attomey at Law
PO Box 53674, Fayetteville, NC 28305
324 N. McPherson Church Rd., Fayetteville, NC 28303
Phone: 910.867.7200
Fax: 910.867.7204
CONFIDENTIAUPRIVILEGED COMMUNICATION
The information contained in this email message is only for the
confidential use of the intended recipient(s). This message may be
attorney -client communication or other privileged communication. If the
reader of this message is not the intended recipient, you are hereby
notified that you have received this document in error and that any review,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message. Thank you.
From: Weychert, Curtis R <curt.wevchert@ncdenr.gov>
Sent: Monday, September 19, 2022 9:13 AM
To: Jennifer Fincher <jkfincher@ikfincherlaw.com>
Cc: seansfincher@gmail.com
Subject: RE: [External] 315 Quiet Cove, Gloucester, NC
Ms. Fincher,
If you have not received the information regarding the project, I have included the entire application package that was
received by this office. Please take this email as your opportunity to add any objections to your previous letter based on
the information that you have been provided. If you have no additional objections please let me know as soon as you
ca n.
Thank you.
Curtis Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt. Wevchertancdenr. oov
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jennifer Fincher <ikfincher@ikfincherlaw.com>
Sent: Monday, September 12, 2022 5:28 PM
To: Weychert, Curtis R <curt.wevchert@ncdenr.xov>
Cc: seansfincher@gmail.com
Subject: [External] 315 Quiet Cove, Gloucester, NC
_,n - -.._ _ _ . _ rr _. _ . .__..
CAUTION: External email. Do not click links oC'dpen attachments unless you verify. Send altsuspicious email as aa-n aftach.mentt__o
Report Spam_, ,...
Mr. Weychert,
Please see attached. Thank you.
Jennifer K. Fincher
Jennifer Kirby Fincher, PLLC
Attorney at Law
PO Box 53674, Fayetteville, NC 28305
324 N. McPherson Church Rd., Fayetteville, NC 28303
Phone: 910.867.7200
Fax: 910.867.7204
CONFIDENTIAL/PRIVILEGED COMMUNICATION
The information contained in this email message is only for the
confidential use of the intended recipient(s). This message may be
attorney -client communication or other privileged communication. If the
reader of this message is not the intended recipient, you are hereby
notified that you have received this document in error and that any review,
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
notify us immediately by email and delete the original message. Thank you.
Weychert, Curtis R
From:
Goebel, Christine A
Sent:
Thursday, September 22, 2022 5:42 PM
To:
Weychert, Curtis R
Cc:
Styron, Heather M.; Davis, Braxton C
Subject:
RE: 315 Quiet Cove, Gloucester - Objection/notification
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Curt -
If the applicant has actual notice of the project (demonstrated by them contacting DCM to raise objections), we can
worry less about certified mail delivery. The purpose of notice is to solicit objections and questions from the adjacent
riparian owners ahead of DCM's permit decision. It sounds like that's what is happening here. As to the timings- while
the rules for regular majors talk about 30 days, a GP is allowed by statute (GS-113A-118.1(b)) and rule (the notice
provisions rule as part of whatever GP you're considering which describes the notice needed) to not have to comply with
the regular major notice in GS113A-119 (post on site with a specified comment period on the placard and newspaper
notice) plus 7J.0204(b)(5) (certified mail delivery+30 days). So the notice provisions in the particular GP rule that is at
issue is what controls here via 113A-118.1(b). In your case here, if the GP language 10 days from notice to respond, I
would count that from the date you sent them the permit materials.
On your question about people not picking up certified mail- that is a problem coast -wide. Pull me in when that
happens after a couple attempts at certified mail are made. At that point if it's not a bad address issue (usually LISPS
distinguishes on the tracking info if it was undeliverable or just not picked up), we can try other alternative methods to
contact. Sometimes if we have an email, it can be DCM emailing them to ask if they have objections (likewise with a
phone call if we have a number) and can also have the applicant try sending a fed ex with a signature requirement (more
people apt to sign for that) or use LISPS that doesn't require a signature but which does have tracking information. We
just want the applicant to document their attempts at notice to show a good faith effort if the neighbor refuses to sign
for certified mail. This may be my LPO workshop topic again .... it keeps coming up and is always a good refresher.
Let me know if you have other questions about notice.
Christy G
-----Original Message -----
From: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Sent: Monday, September 19, 2022 11:12 AM
To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>
Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov>
Subject: 315 Quiet Cove, Gloucester - Objection/notification
Christy,
I have attached a file for a general permit proposal of a living shoreline. The problem with this project is that the
adjacent riparian property owner has not successfully had a certified letter delivered to their registered mailing address.
I have spoken to the adjacent property owner and they must be aware of the project because they sent in objections at
the end of last month. I have attached all the corresponding information and only wanted to know about a few
questions.
First, the objecting parry is referencing our major permit rule language stating that they have 30 days to respond. 1 know
a general permit is like a baby major permit, so can we still apply the 10 day response. On this project?
Second, 1 have emailed the objecting party the application package sent to our office. I have attached a read receipt on
the e-mail. Can we consider that the official date of notification once I receive a read receipt on the e-mail?
Lastly, if we received an objection, can we consider that to be a proof of notification from the adjacent property owner?
On a side note, I've had the most trouble with certified mail not being delivered because households are usually working
during the times when delivery attempts are made and ultimately, the letters get sent back to the sender after a certain
number of failed attempts. Is there a mechanism we can use that proves that the letter was delivered without being
signed for as proof that notification attempts have been made?
Any guidance you have would be helpful.
Thanks again,
Curt
Curtis Weychert
DCM Field Representative / Environmental Specialist II North Carolina Division of Coastal Management North Carolina
Department of Environmental Quality
252-240-9497
Curt.Weychert@ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
-----Original Message -----
From: Coastal Management 1st Floor <DCM.Copier@ncdenr.gov>
Sent: Monday, September 19, 2022 11:04 AM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>
Subject: Send data from MFP1419555109/19/2022 11:04
Scanned from MFP14195551
Date:09/19/2022 11:04
Pages:22
Resolution:400x400 DPI
CAMA THIRD PARTY DCM FORM 5
HEARING REQUEST FORM DCM FILE No:
PETITIONER'S NAME
COUNTY WHERE THE 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. § 113A-121.1(b) and 15A 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. 15A 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. § 113A-121.1(b) and Chapter 15013, Article 4.
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:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-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. § 113A-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 ofreal 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 ofpublic 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. § 113A-121.1(b)(3)]. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form.
The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not
represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission.
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 of this 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. § 113A-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. 15A N.C.A.C. 07J .0301(b).
Contact Information for DCM: Contact Information for Attorney General's Office:
By mail, express mail or hand delivery: By U.S. mail:
Director Environmental Division
Division of Coastal Management 9001 Mail Service Center
400 Commerce Avenue Raleigh, NC 27699-9001
Morehead City, NC 28557
By Fax:
(252)247-3330
By Email:
Check DCM website for the email
address of the current DCM Director
www.necoastaimanagement.net
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
(919)716-6767
Based on the attached responses to the above factors, the undersigned hereby requests a third party
hearing.
Signature of Petitioner or Attorney
Printed Name of Petitioner or Attorney
Mailing Address
City State Zip
Updated: February 2011
Date
Email address of Petitioner or Attorney
Telephone number of Petitioner or Attorney
Fax number of Petitioner or Attorney
JENNIFER K. FINCHER
ATTORNEY AT LAW
September 22, 2022
Curtis Weychert Sent via elec,
DCM Field Representative / Environmental
North Carolina Division of Coastal Manages
North Carolina Department of Environmenta
400 Commerce Avenue
Morehead City, NC 28557
Re: 315 Quiet Cove, Gloucester, NC 28528
Dear Mr. Weychert:
,denr.govi and LISPS
I am writing on behalf of my client, Sean Fincher, in response to the additional information
provided by you regarding an application by Rebecca and Malcolm Jones, Jr. for an offshore sill
at 315 Quiet Cove, Gloucester, NC 28528.
First and foremost, my client did not receive written notice of the application until you sent the
documents by email. He has not lived at 105 Kirkwood Drive, Fayetteville, NC since June of
2021.
Next, the Jones plan is projected to cover one hundred ( 100) feet of shoreline that would then
displace both sand and water from their waterfront to those of the adjoining lot owners. The
displacement of water, particularly at high tide or during a storm, would increase the likelihood
of damage to my client's sea wall and dock and potentially cause a spillover into my client's
backyard. The displacement of sand will also interfere with my client's water access by boat
from his dock, particularly at low tide, noted in the prior objections but made clear by the plan.
The remaining objections outlined in my initial letter are renewed as the information you sent
only makes it clearer that these would indeed be issues. RECEIVED
SEP 26 2022
DC'
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Iifer K. Fincher
RECEIVED
SEP
QCM-IvtEtC ,ITY