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HomeMy WebLinkAboutJones, Malcolm 88712CI 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 mffraw gAdd/ Rt oraHun�s,u �- P pup)P"� MCITY,INC28 AMU&22 1020 $7.58 28303 R2304H109487-3 to �• ^ ille., NC 2$303 7021 0350 0001 4909 0065 rT_v _� tis r't,vv2�55C4 JUA9,-_ T s. UT SC! 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M Total Postage and Fogs - `�� 1912 �y C3 r . •_t� $ r q Sent To r i Mr, .fiY)U16 ------------------------------------- o--------- ------------------------------- Stre t nd A�t.� No., or PO Bqx Nam. --� --- - ''16- oa------- ye -- ------------------------------------------------- Ci State, ZIP+4� _ �O���UVi41•t._ _�tfi 2$ i�.i�l�')!d!�:�.:i�1e`�1:%��}'' r %Ji���l • r� r nllG.is".:c,r.. _� 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' V R00 1aa' TCP2005 r 1551' 16.0' PCH2005 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 Ln O '•.� �� ri1_C � I _�'� �, �� �� I �y� I�r ti� I�,;� �1`�� G�`I �'�J� ��� F a � i�f t, 1,. t 41-16 1 ff. t 2 -2 qA �sIm L u zp. 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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' T200 t44' TCP2005 b 1551, m n � r PCH2O05 14.0' 388' https:tlucgisweb.cartewtcountync.gov/PmpenyRecordCard/PropertyDetails.aspx?pin=733604722980000 1@ 9/14/22, 4:09 PM Carteret County, NC Property Record Card Photos https://arcgisweb.cartemtcountyne.gov/PropertyRecordCardfPropertyDetails.wpx?pin=733604722980000 212 y N V A d p d d d d d d d d d d d d d O ' -• A O z CA m 00 p N N N N 0 0�� p' A p' A p' A y /�/�� �■ 0 \I i f0 w m N CD O O O w N O O f.) N N N tNii z O A 0 0 0 0 O A 0 0 0 S S S S p d d O O O S S S S C d O. 6 6 u fii 3 a, Z R M. M. d p n Z o n n n Z 0 N 5 z' A N z Z o Z 0 Z o k P a p L p d '< nntzi ooO� czicziczi SO O N D D Li m fi D n n n N n O 3 mIT o m o o 0 o u t° 0 0 Sic `-° '•o Z Z !o c - p D p D o r o a D>-Z a r z O r r o z 0 0 Z Z O O N O A N m 0 m' d N verizowl ':iX7 :Cae^.t t'Z ::Xha`yn-,+CXeiirCi R, "scAi'; s5xx. 'Xs'k3'nP Y�.'s:.{ks`e = 77 ': •,5..ay 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 PLFCE STICKEq AT TOP OF ENVELOPE TO THE BIGHT _ _ _ _ _ _ _ _ T E_E_U_ p_D_E_5_F_L_ Dp= = LI CERTIFIED-i- m ---- MAIL® i o _m aI FAYNE PAID EVI LE, NC 28305 AEM0U° 2 u•,•.o1020 R2$43060 70 -J.0 DCAA N C `D1 vLdl,uvl 9� CIX� �til L e o Cbyw'tAW ILe- N L A(v tk W 1 u wLlIIILILJdhuIL.Lllldlh.11.,III IIIIIliIIIIIIJT..LJ —� uv., � �� .�s, ,2r.�}<�r �u'� .., r` J 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