Loading...
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 i)CM-MHL) (;ITY vl�(,�4i�1� i 33 w JZS` �RoPC S& L� � ���� u``3•�' Q-�.�? A,�U sic ,Aj w 6a61 z w �VL)� c� E a OJD 4) N/+� ._ a. 0 C � s�6 u 0 61 Z N E p �CO r O v-- 4J > w..... rl z 110 M i E \ yr L m ! O M a !- 4 CEIV -D JAN 0 3 2023 \ IR: \ Q T r Po � �..... �.._ .._... �-.. — — — _— ..... — — ..... — ..r.. — _.. — — a.... ____ — — .— — — — — — " — — — — 15` (Ipdriail. SEfbaCI( ._._. .._... _� Rr�CcV D ..«..,,...m____�........... RIGAU PROPERTY JAN O W 'UZ3 ._._.._._. � �d G- tTy 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) a'L 13 A ., t t Y i1f Q zr Y t PSI"? 7 s - = � f a „ `u a..€ , 1 i, e ' �,a�� € o `.. ,.,.a r' t a "v;' : 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 "A N, h y or /j7 1 A"7 V- A- -vv- VVA,',jC47- 14 IN AIN3dOdd HVDW 4:wq1as uejAedp,5 i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 OC kn z 70 co co . Iry CSoT- �-kRNAG-F�-� �r�c �02L��\�� �)r 2 C ID,`\ S U ` K) �f �w�1�� �cT��1��-�c_�rt� I:�%�Zv�� rZ ��zM — r� •a-� ,� p '�q." `-- ti` �., L c�S f= "�� � C^,/�—L..� �. � l-� !.N \� %aN�L �e�� �-•�� � I. (i`1 'Yz,J(Z --Iv Z=��jPtLK 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 o m z X M NOV 0 7 2022 DCAA-MHO CITY