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HomeMy WebLinkAbout116-96 TX/Renewal Gaylor & Deborah PerryPermit Class TRANSFER RENEWAL STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �P�I�It X for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 116-96 X Excavation and/or fiMrig.pursuant to NCGS 113-229 Issued to Gaylord and Deborah Perry, P.O. Box 489, Spruce Pine, NC 28777 authorizing development in Daze County at Croatan Sound, south end of Ferry Dock Rd., Mann s Harbor , as requested in the permittee's application dated 5/28/96 including attached 5 dated 5/29/96 and 1 dated received 6/13/96. This permit, issued on a�7., /C V is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Pier/Platform/Boatlift 1) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the -channel line that intersects with the shore at the point where the upland property line meets the water's edge. 2) The alignment of the proposed pier must be approved by a representative of the Division of Coastal Management prior to the start of construction. (See attached sheet for Additional Conditions) This permiCaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessfole on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the rmit expires on 01 December 31, 20 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. LVdhna D.Moffltt,Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 6 =. Gaylord and Deborah Perry, Permit#116-96, .. ,:.....:. '..:. - Page 2 of 3 ADDITIONAL CONDITIONS =?: 3): No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not 'interfere with the public's right to free navigation on all navigable waters of the United States. NOTE:' Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: Bulkhead An adjacent property owner has given notice of a disputed property boundary claim relative to your property. The Division of Coastal Management does not adjudicate property disputes. Therefore, the permittee is advised that if it is determined in the future that a portion of the permitted bulkhead encroaches on the adjacen property, the permittee may be required to remove, at his. own expense, the offending portion of the bulkhead. 4) The bulkhead shall not extend waterward more that 29 feet from the normal water level at any point -along its alignment at the time of construction. 5) The authorized alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the. start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 6) The bulkhead must be constructed prior to any backfrlling activities. 7) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation water -ward of the approved alignment. 9) All back fill material will be obtained from a highground source and confined behind the permitted bulkhead. 10) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Piling Spacing for all Systems & Cradle Diagram of 20,000 - 25,000 Ib. Systems 8,000-16,000 lb. Systems* Fig. 4 20,000 - 25,000 lb. Systems* Fig. 5 K-- y + f $ x O O� x O O X, x • Note: Diagional spacing must be equal lional) t�N RFCPVFD MAY '.1 `l +no4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 22, 2000 Gaylord Perry P. O. Box 489 Spruce Pine, NC 28777 Dear Sir: The enclosed pemtitconstitutes authorimtionunderthe CoasW AreaManagementAct, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Ifyou objectto the permit or any ofthe conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days ofthis decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By wo7king-in accordance with the permit, you will be helping to protect oirr vitally important coastal resources. Very sincerely, Douglas Huggett Major Permits/Consistency Manager DH/amw Enclosure 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10yp' POST -CONSUMER PAPER ' &116- 96 Division of Coastal Management Application Processing Notes Applicant: /&,mco ScEx m � / Deadline: Date/Time: Message: Iilo NZ011 P a/-2t/CIZI �r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT JAMES B. HUNT JR. GOVERNOR MEMORANDUM: WAYNE MCDEVITT ' SECRETARY TO: Doug Huggett, Major Permit Coordinator, DCM THROUGH: Ted Sampson, District Manager, DCM FROM: Frank Jennings, DCM RECEIVED SUBJECT: CAMA Major Permit #116-96 FEB 17 2000 DATE: February 3, 2000 COASTAL MANAGEMENT On August 1, 1996, CAMA Major Permit #116-96 was issued to Richard J. Spicer for construction of a bulkhead, pier and boatlift on a lot located at the south end of Ferry Dock Road, Manns Harbor in Dare County. The permit has an expiration date of December 31, 1999 and Mr. Gaylord Perry is listed as the authorized agent by the permit application. In accordance with NCAC T15A: 07J .0406, Mr. and Mrs. Gaylord Perry have submitted a request to have permit #116-96 transferred to their names. Mr. and Mrs. Perry have also requested, in accordance with 07J .0404 to have permit #116-96 extended. The applicants have indicated that there are no substantial changes or modifications to the development project as permitted or changes in conditions, circumstances or facts affecting the project. The applicants have submitted $100.00 for the permit transfer fee and the permit extension fee. It is recommended that both the transfer request and extension request be approved. FAJ/kh Enclosures ELIZABETH CITY OFFICE 1367 U.S. 17 SOUTH ELI2ABETH CITY, NC 27909 PHONE 252-264-3901 FAX252-264-3723 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER RECFrv� n 1962-1971 FEB 1 Q ?nCg Baseball Hall of Fame KUHXTHIMs, o arolina 27948.1958 Business.-(MY488-1980 ex: 864 r. �ee�cL c ezC 0 19 75-1�77 1980 I., p 1982-1983 *!4;�' 1983 314 Wins 1962-1971 �dy 1972-1975 1975-1977 1980 1 1982-1983 L J(I 1983 314 Wins f"&T-d Pmet Eaft#uaa, lace Baseball Hall of Fame P. 0.4. `� s9 Spruce {':nee NC 21 2; (828) 7G5 - i45y P.G. Box 1180 Gaffney, South Carolina 29342 RECEIVED Decerv,�er 30, )`i99 P,�. tax 1sq JAN Mr. FyaWe e-nn,—�S (:S2) Lk-75-1Z33 cc%sk�1 Mand9e men r 13 67 U.S. 17 -So u{h t1I-z.abe�h C"ky, N•C• Z790 DeQr I\J\r. Jenr,nc�5: W��}Vt -4h,5 ic�i-er L G�vr� respeci"=u�1� •-`�v.cST:nj J = :'tv\ rn\l v.) zr 1!iV-qb c buy\a 0. �a1K,�lc0.� p,EY, C�tic �YJC0.':.: Gaic d tvN N\CLnn'c r<'+n Iwrc,, r a r ` -ter :�`ne �cr -LVtE G��EYtS,cn '- pre, �eq Se �. —c rl� t ty r z �tAe � s, E '`-,cu l- 1n fc 4r -,c a C'c,�-UC. ct . `x:2v,cc.� Som nZrd� u C. — Ife Crec= �nc�hK,•a,l 1 - - —. r J � J SV)cere� �2-c \z )erf) S,. �1j:,g5,F iE` rne- �ME iliOOM RECEIVED 1962-1971 7 1975-1977 1980 Baseball Hall of Fame January 24, 2000 Mr. Frank Jennings III Coastal Management Representative N. C. Dept. of Environment and Natural Resources 1367 US 17 South Elizabeth City, NO 27909 Dear Mr. Jennings:-_.. This letter is to request that 'lajor, for construction of a bulkhead, pier, lot located at the south end of Ferrv_ Harbor in Dare Countv be transferred to Gaviord and Deborah Perry. JAN 2 7 2000 P.O. Box 1958 Kill Devil Hills, North Carolina 27948-1958 8usktzssx(2W48R-,Mft faa*W)c488Aark P.O. Box 489 Spruce Pine, NC 28777 Phone: (828) 765-1958 Fax: (828)765.6659 CAMA Permit ::'tio-96 and boatlif: on our Dock Road, Manns from Richard Soicer Enclosed you will find the documentation that you need for this transaction to take place. lie will use the permit for the purposes for which it was issued. There are ao substantial changes in conditions, circumstances or facts affecting this project. There are no substantial changes or modification to the project as proposed in the original application. Enclosed you will find our check for S50.00 in payment for this transaction. If you need additional information, please do not hesitate to get in touch. My Manns Harbor telephone number is 252-475-1283, or you may reach me at my Spruce Pine home. I will look forward to hearing from you soon. Thank you for your help with this matter. 1981 Sincerel 7 10��0� aylord 1982-1983 Enc. 1983 314 Wins and ebo h_ Perry IR MIL E W61~>H ..........e.:.::...�.. •.•.�..�:.:; •w^^;{4fQri22if�G�^ - s.k..._ <i:.,.��..'..AiEK#. fig+new S.w', •rs" ..}:C..� �YH2`•. OFFER TO PURCHASE AND CONTRACT r_-'PA I a' LI Uauu.nil w r rry as Buyer, latebyoRbrstopurchaseand Richard .1. spicer as Seller, upon acceptance of sold offer, agrees to sell and convey, all orlhat plot, piece or parcel of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property"), in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and talon the following terms and conditions: I. REALPROPERTY: Located in the City of Manns Harbor ,County of, Dare State of North Carolinn, being known its and more particularly described as: Street Address-90 Old Ferry Dock Road Zip 27953 Legal Description nPPri Rnnk__jQ09_.—P3aE__0139__ 2. PERSONAL PROPERTY: _nnnp 3. PURCHASE PRICE: The purchase price is S 57 .500 and shall be paid as follows: (a) s 1000.00 in earnest money paid by Personal Check (cash; bank, certified or personal check) with the delivery of (Iris contract, to be held in escrow by 2020 Rea 1 ty _I_ t_CL, as agent, moil the sale is closed, at which time it will be credited to Buyer, or moil this contract is otherwise terminated and it is disbursed In accordance with the Standard Provisions on the REVERSE SIDG I IERIiOP: (b) S n/a , by assumption of the unpaid principal balance mid all obligations of Scllcr on the existing loan secured by -.a deed or trust on the Property; (c) s n / a by a promissory note secured by a purchase money deed of trust on the Property with interest prior to default at the rate of n / e % per nnnum payable as follows: n / a Prepnymcnl restrictions and/or penalties, if nny, shall be: n / a Assumption or transfer rights, if any, shrill be: (d) s 56,500 , trite balance or Ilse purchase price in cash at closing. 4. CONDITIONS: (State N/A in each blank or paragraph 4(a) rend 4(b) [hot Is not a condition to this contract.) (a) The Buyer must he able td1ihfafti a' Pan commitment of or before .Ma y 17 r _ 1 29_ , effective through the date of closing, far n Cnnypn t i nna 41 Orin in the principal mmounl or s__-4Ji�.(LO -I'ur a lend ol'1Q_yenr(s)• at nil interest rate not to exceed% p . annum, with mortgage lone discount points out to exceed _1_% of [lie loon mnouni. Buyer agrees to use his best efforts to secure sue 1 pQnunihnent and to advise Seller immediately upon receipt of the fender's decision. If Scllcr is to pay tiny ]call closing costs, those costs a)p �t follows: -a/ a - (b) The Buyer must be able to assume the unpaid principal balance of rite existing loan described In paragraph 3(h) above for the remainder of the loan term, at an interest rate not to exceed n a % per annum fixed (or describe type of Iona) n / a _ with mortgage loan assumption and/or discount points not to exceed _n / a "/. of the Ivan balance. (See Standard Provision No. 2) If such assumption requires the lender's approval, approval must be granted oil or before __D/a—. . Buyer agrees to use his best efforts to secure such approval and In advise Seller innnediatcly upon his reccipl of the lender% decision. If Seller is to pay any lore assumption costs, those costs are asfollows: n / a _ (c) There must be no restriction, casement, zoning or other governmental regulation that would prevent the reasonable use of the real property for n / a purposes. 5. ASSESSMENTS: Seller warrants !hill there arc no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or other improvements oil or adjoining the Property, except as follows: no n e (Insert "None" or [lie iticnlil'Icadoo ursuch assessments, if aoy.'I'he agrecntcol for payment or proration of any assessments indicated is to be act forth in pmngraph 6 hclow.) 6._0'1711 Ell. PROV-ISIONSANI1-17ON 11171f1NS• 1.41, NORTH Or LIM / ... ... �� S. Ogii� �1 0 � r OR FORMERLY WELLNER 1�1' FENCE POST 19.11' SOUTH OF LINE $31' I I I FENCE POST I� c O.�f� T'10RTN ®F 4N� SEPTIC TW4% RECEIVED MAY 2 9 1996 25 Mr. Gaylord Perry. P. O. Box 489 Spruce Pines, North Carolina 28777 Dear Mr. Petry: 5.2000 I have reviewed your letter requesting that Major CAMA Permit #116-96 for construction of a bulkhead, pier and boatlifi on a lot located at the south end of Ferry Dock Road, Matins Harbor in Dare County be extended Our records indicate that Richard J. Spicer, P. O. Box 2020, Manteo, NC 27954 is the permittee. In order for you to be able to extend this permit, you must fast have it transferred to your name. A permit may be transferred to you at the discretion of the Director of the Division of Coastal Management upon finding each of the following: 1) A written request from you, 2) A deed, a sale, lease, or option to you showing that you have sole legal right to develop the project: 3) That you will use the permit for the purposes for which it was issued; 41) No substantial change in conditions, circumstances, or facts affecting the project; and 5) No substantial change or modification of the project as proposed in the original application. 6) You must submit with the request a check or money order payable to the Department of Environment and Natural Resources (DENR) in the sum of fifty dollars ($50.00). Once I have received your request, it will be submitted to the Director for her decision. Your permit renewal request will also be submitted to the Director after I have received your permit transfer request. If you have any questions, please call me at 252-264-3901. Sincerely, Frank A. Jennings, III Coastal Management Representative cc: Doug Huggett - Permits Coordinator, DCM Charles S. Jones - Assistant Director, DCM File North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary Division of Coastal Management Donna D. Moffitt, Director Elizabeth City Office • 1367 US 17 South • Elizabeth City, NC 27909 • Phone 252-264-3901