HomeMy WebLinkAboutBaugher, William & Teresa 88888C`°"R"e ❑LAMA ❑ DREDGE & FILL N9 88888 A B C D
y02 GENERAL PERMIT Previous 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:
15A 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 ZIP
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat/man/unk)
AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body
ORW: yes/no PNA: yes/no
Type of Project/ Activity
Shoreline Length _
Access Length _
Pier (dock) length
Fixed Platform(s).
Floating Platform(s)
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 Bulldozing
Other
SAV observed: yes no
Moratorium: n/a yes no
Site Photos: yes no
Riparian Waiver Attached: yes no
A building permit/zoning permit may be required by:
Permit Conditions
(Scale:; )
❑ TAR/PAM/NEUSE/BUFFER (circle one)
❑ See note on back regarding River Basin rules
❑ 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 PRINTED Name
Signature "Please read compliance statement on back of permit" Signature
Application Feels) Check #/Money Order Issuing Date
Expiration Date
o1*FjWASr"1&c❑CAMA ❑ DREDGE & FILL N9 88888 A B c D
,
s = GENERAL PERMIT Previous 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:
15A 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
P
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Adj. Wtr. Body (nat/man/unk)
AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Mal. Wtr. Body
ORW: yes/no PNA: yes/no
Type of Project/ Activity
Shoreline Length _
Access Length
Pier (dock) length _
Fixed Platform(s) _
Floating Platform(s)
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 Bulldozing
Other
SAV observed: yes no
Moratorium: n/a yes no
Site Photos: yes no
Riparian Waiver Attached: yes no
A building permit/zoning permit may be required by:
Permit Conditions
(Scale:: )
❑ TAR/PAM/NEUSE/BUFFER (circle one)
See note on back regarding River Basin rules
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 PRINTED Name
Signature "Please read compliance statement on back of permit"
Application Fee(s) Check #/Money Order
Signature
Issuing Date Expiration Date
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 31, 2023
Mr. George Nashick
3609 Wedgewood Drive
New Bern, NC 28562
Dear Mr. Nashick:
NORTH CAROLINA
Environmental Quality
This letter is in response to your email correspondence and letter dated November 7, 2022
regarding your concerns about the proposal by William and Teresa Baugher to install a boatlift
located within the Trent River at 805 Arcane Circle in New Bern, Craven County. The proposed
project has been determined to comply with the Rules of the Coastal Resources Commission
(7H. 1200), and as such, a permit has been issued to authorize the development. I have enclosed
a copy of the permit, as well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal
Resources Commission. The hearing request must be filed with the Director, Division of
Coastal Management, in writing and must be received within twenty (20) days after the
disputed permit decision is made. I have enclosed the applicable forms and instructions
that must be filed prior to that deadline. Please contact me at (252) 515-5417, if you have
any questions, or if I can provide any additional information.
Sinc r
eather Styron
District Manager
NORTH CAROUNAD_E Q��
Department of Emironmenm Dwlity
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.515.5400
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. § I I3A-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. § I I3A-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. § I I3A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 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.nccoastaimanagement.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
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or NAND DELIVERY
(Top portion to be completed by owner or their agent)
Narne of Property Owner:
Address of Property:
Mailing Address of Owner:
V\filliam & Teresa Raugher
805 Arcane Circle New Bern, NC 28562
805 Arcane Circle New Bern, NC 28562
Owner's email: tbbaugher@gmail.com
Owners Phone#: (252) 229-8862
Agent's Name: John Gudaitis, Riverfront Docks
Agent's Email: sales@riverfrontdocks.com
Agent Phone#: (252) 675-8210
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adiacent Property Owner}
I hereby certify that I own property adjacentto the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
descrintion or drawina. with dimensions. must be provided with this letter.
I DO NOT have objections to this proposal. J I DO 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
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at (252) 808-2808. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
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.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-O R-
I do not wish to waive the 15' setback requirement (initial the blank)
V,- Py,
Signature of Adjacent Riparian Property Owner: J ��
Typed/Printed name of ARPO: George Nashick
Mailing Address of ARPO: 3609 Wedgewood Drive New Bern, NC 28562
RECEWKD
ARPO's email: ARPO's Phone#: (252) 636-2158
Date: Z 13O Z Z `waiver is valid for up to one year from ARPO's Signature* JAR 0 8 21123
Revised May 202I
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Styron, Heather M.
From: David Gover <sales@riverfrontdocks.com>
Sent: Wednesday, November 30, 2022 5:55 PM
To: Styron, Heather M.
Subject: Re: [External]'Permit: 805 Arcane Circle in New Bern
Attachments: 805 Arcane Circle New Bern (Baugher) - Riverfront Docks.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Heather,
We submit the attached application for a CAMA General boat lift permit on behalf of
William & Teresa Baugher
805 Arcane Circle
New Bern, NC 28562
Thank you for your time and consideration
David Gover
Business Manager
(252) 649-3833
salesC@riverfrontdocks.com
€x
3614 Old Cherry Point Road
New Bern, North Carolina 28560
RiverfrontDocks.com - -
On Tue, Nov 22, 2022 at 9:16 AM Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote:
Hey David,
I spoke with Brad on this yesterday and he showed me where he believed the riparian lines to be and I
agree. In order to do option one the boatlift would need to be reduced from 13' width down to 11' in
order to meet the 15' setback If you want to remain along the original location you chose. Even if you
reduce to a two piling lift you still have to take into account the bunk and piling widths and length. The
last option to move the lift to the other side may be the best one. With that said if you choose this you
will need to renotify the neighbors due to the location change. I hope this helps
Thanks!
Heather Styron
District Manager
Division of Coastal Management 400 Commerce Avenue Morehead City, 28557
252.515.5417 (0) 252.725.3903 (M)
Heather.M.Styron@ncdenr.gov
www.deg.nc.gov
Find a Field Rep (arc iq s.com)
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From: David Gover <sales@riverfrontdocks.com>
Sent: Monday, November 21, 2022 3:21 PM
To: Styron, Heather M. <heather.m.styron@ncdenr.Rov>
Subject: [External]'Permit: 805 Arcane Circle in New Bern
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Heather,
I have been working with Brad Connell recently to get this CAMA permit approved. Now that he is
taking another position my understanding is you will be processing permit applications until his
replacement is appointed.
There is a long history between the Baughers (our client) and their neighbor George Nashick. Mr
Nashick has objected to the Baughers installing a new boat lift on his side of their dock stating that it
infringes on his 15' setback riparian right.
The Baughers are adamant about pursuing the installation of a boat lift at their property at 805 Arcane
Circle in New Bern (Old Towne). They are open to the following 3 options to install the lift and respect
Mr Nashick's riparian rights:
1. Reduce the wide of the 4 piling lift from 13' wide to 12' wide to meet the 15' riparian
setback requirement
Install a 2 piling lift (narrower width boat lift using 2 fewer pilings) - see photo
3. Install boat lift on opposite side of the dock, adjacent to the other boat lift/boathouse -
see attached OPTION #2
Can write a CAM General permit for one of the above options and we will meet the requirement.
Thank you for your time and consideration.
David Gover
Business Manager
(252) 649-3833
soles@riverLrontdocks.com
3614 Old Cherry Point Road
New Bern, North Carolina 28560
iverfrontDocks.com
AGE,, N1 AUTHORIZA I ION f Of? LAMA 14-JiMl I APPI 1(,A I 10t4
\"� � "I- � " , 'j"t, If\ � �k�' t It " ; 16'otit"AIII(I 11§'f11Ti1l
hav£? a-Uthon7ed
QW,
Now Hom, 1,jf,
Agwil " Contractor
t- acl on behalf, for the, ptirpose of applying for and obtaining all LAMA permits
'Iecess,ary for the following proposed development', w5tall boat lift
alt - ny property located at 805 Arcane Circle New Bern, NC 28562
in Craven County.
I
/ furthermore certify that i am authorized to grant, and do in fact grant permission to
D,wision of Coastal Management staff, the Local Permit Officer and their agents to enter
or the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
S natu
jg6iii
Owner
Title
0 71
Date
rhr-S certification is valid throlmh _10130 1 2023
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONtWAIVER_ FORM
C RTIFIEf) MAIL RCTURN RE AND DELIVERY
(Top portion to be corpleted by owner or their agent)
Name of Property Owner
& Teresa C�nugher
Address of Property 805 ,arcane Circle Now Bern, RIG 281562
Mailing Address of Owner; 805 Arcane Circle New Bern, NG 26562
Owner's email: tbbautgher@gmail.cona Owner's Phonel#_ _(252) 2298862
Agent's Name_ ,John Gudaitis, Riverfront frocks Agent Phones# .__ ( 52).._675- 21 0
Agent's Email: sales@riverfrontdocks.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent 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'. "-N
description or drawing with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If your 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
:mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at (252) 808.2808. No response is considered the same as no objection if you have been notified by
Certified Mail=
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
grain 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 sii_n
the appropriate blank below.) ms�
I DO wish to waive somelall of the 15' setback
Signature of Adjacent Riparian Propr,dy Own:>r
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: Michael & Teri Rigali
Mailing Address of ARPO. 2430 Harbour Island Road New Bern, NC 28562
ARPO`s email: { ` c Ct} `i b ARPO's Phone#; c 711
Cate: Ali Z `waiver Is valid for up to one year from ARPO's Signature`
Revised May 2021
N.C. DIVISION OF COASTAL MANAGEMENT
ADr%EJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
PTIFIED ---MAIL
ECDPT REQUESTFD rir H A Kin nc i ik /r-rn,,
(Top
portion to be COMPleted by owner or their agent)
Name of Property Owner', William & Teresa Baugher
Address of Property; 805 Arcane Circle New Bern. NC 28562
Mailinq Address of Owner: 805 Arcane Circle New Bein, NC 28562
Owners email., tbbaugher@gmail com _ Owner's Phone#- 1�2452) 229-8862
Agent's Name-, John GCaiti
.�-� S-RiverfT_nt —Docks Agent Phot,,-#, �252) 675-8210
kkgent's Email: sales
@hverfrontdocks,com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
iBattorn nortian to be eted by the Adjacent Property Owner)
I hereby certity that I own property adpickrt to he above tpteiericed prupeilv The individual appNing for this
permit has di,�scrrbe(j to Me, as. shown on aw attacf*d drawing the development they are prciposirig t:\
_w-t—th 41Mtrisions iw;i be 1)rovidpri w!tt4_&R letter
I DO NOT have objectionsto this proposal. I DO' have objections to this proposal,
if -You —have Objec"'t-i-0—nsto --What —is—be-i-n-g- p,r__o_p_o_sed, yo,u—must notify t_heN_.C, _01vis1o_n_of_
C_oasr_a1_
Management (L)CM) in writing wittifn 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557, DCM representatives can also be contacted
at (252) 808-2808. No response is considered the same as no o4jection it you have been notified by
Certified Mail.
WAIVER SECTION
I understand that arty pioposed pier. dock, rnooring pilings boat ramp, breakwater, boathouse, lift, or
groin must be set back a rilinitnuril distance of 15'll0i'll Illy area of riparian access unless waived by me
(this does not apply to bulkheads or riptap revetments). (If you wish to waive the setback. you must sign
the appropriate blank below )
I DO wish to waive some/all of the 15'setback
Signature of Adjacent Riparian Property Owner
IN
I do not wish to waive the 15'setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner: V
Typed/Printed name of ARPO. George Nashick
Mailing Address of ARPO: 2609-Wedgewood Drive New Bern, NC 28562
-2- 2 2
ARPO's Phone#,
ARPO's email*
—waiver is valid for up to one year from ARPO's Signature*
Date: is "valid
Revised May 2021
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Dcm-MHU) CITY
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL RETURN REC"IPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property:
Mailing Address of Owner:
VUlliam & Teresa Baugher
805 Arcane Circle New Bern. NC 28562
805 Arcane Circle New Bern, NC 28562
Owner's email: tbbaugher@gmail.com
Owner's Phone#: (252) 229-8862
Agent's Name: John Gudaitis, Riverfront Docks Agent Phore#. '(252) 675-8210
Agent's Email: sales@riverfrontdocks.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacentto the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing /� the development they are proposing. A
description or drawina. with dimensions. must be nrovidPd witivrhis IPttPr
I DO NOT have objections to this proposal. _ V ._ I DO have objections to this proposal.
ll 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 noti<,e. Correspondence should be
mailed to 400 C.ormrreree Ave„ Morehead City. NC 28557: DCM representatives can also be contac.,ted
at (252) 808-2808. No response is considered the sarne as no objection if you have been notified by
Gorpified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-Op-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner: __,/-
Typed/Printed name of ARPO. _ George Nashick
Mailing Address of ARPO: 3609 Wedgewood_Drive New Bern, NC 2.8562
ARPO's email: _ ARPO's Phone#: r..Z 2—
r, lU l LJ
Date: 2_�Z_*waiver is valid for up to one yearfrom ARPO's Signature*
Revised May 2021
RECEIVED
NOV 0 7 2022
DCM-MHD CITY
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NOV 0 7 2022
DCAA-MHO CITY