HomeMy WebLinkAboutEckberg, David & Andrea 91147C0 1*F`°"Sr^, ❑CAMA ❑ DREDGE & FILL NNI?91147 A B C D
GENERAL PERMIT Previous permit
2
❑New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
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 Authorized Agent
Address Project Location (County):
City State ZIP Street Address/State Road/Lot #(s)
Phone # ( )
Email 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 I_
Site Photos: yes no—F---'----
Riparian Waiver Attached: yes no I
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
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
yi }
Signature "Please read compliance statement on back of permit" Signature
Application Feels) 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:
F-1 Tar - Pamlico River Basin Buffer Rules F] 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)
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
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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL . RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner.
Address of Property:
Pc] 140-4 Ajar NG 2 k��2,,
Mailing Address of Owner: �`r',A �1 j'� .P���" -d Od 1VCxy 126Yu Z j
Owner's email: Z{���1�� g-T Owner's Phone#:L��`�`r
Agent's Name: �� '�'I VYYL�� Agent Phone#: ClI of "t 2-0— Cll
Agent's Email:
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. A
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 you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 90 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) 808-280& 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
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
Signal of Adjacent Riparian Property Owner
-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:
Mailing Address of ARPO:
ARPO's email: / ARPO's Phone#:
Date: �'`ry~I 1 z't' *waiver is valid for up to one year from ARPO's Signature*
Revised May 2021
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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONlWAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or NAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property.
M ding Address of Owner:
O vne�s ern' 12`"�tx �`)G � j (f fcf(r L )T
Agent's Name: , t1'C.y
Owner's
Agent's Email:
.i t'�•t j� A—
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Phone#:
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Agent Phone#: _. a,z C. �
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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. A
description or drawin with dirnensions -must be rovided with this letter.
_�tk I DO NOT have objections to this proposal..,_ !. I DO have objections to this proposal.
t If you have objections to what is being
Y ! g proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice- Correspondtance 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,
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WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin n-wst be set back a minimum distance of 15' frorn 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 somelall of the 15' setback
lea
Signature of Adjacent Riparian Property Owner
L.. .
I do not wish to waive the 15' setback requirement (initial the blank) _
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: r' ;:�� `� ,�'.-,.�---
, Mailing Address of ARPO:
ARPO's email: :�_ �-� - i �lAk0b's Rhone#:
Hate: `waiver is valid for up to one year from ARPO's Signature*
Revised July 2021
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC. 28557
26.1anuary 2023
Dear Sir/Madam:
I am in receipt of an NC Division of Coastal Management Adjacent Riparian Property Owner
NotificationiWaiver Form concerning proposed construction on the property of David and Andrea
Eckberg of 2403 Harbor Island Road, New Bern, NC. 28562. The proposed construction sketch.
supplied by the marine contractor (River Rat Marine Construction, 202 Jeff Outlaw Road, Mount
Olive, NC. 28365) does not accurately depict the existing shoreline of our adjacent properties.
It is not a straight line as shown, but rather is composed of several bends and turns which intersect with
our adjacent property at 2405 Harbor Island Road. The actual intersection is at an approximate angle of
135°, meaning the proposed contractor sketch does not correctly depict the riparian setbacks required.
I have marked tip the pertinent section detail of the most recent survey of our property at 2405 Harbor
Island Road by extending the adjacent property riparian lines in blue to represent that which I believe
to be the proper riparian line, and I've drawn a parallel line in red that represents the true 15' riparian
setback requirement. Clearly the proposed contractor sketch does not meet this requirement.
We. do not wish to waive our riparian rights. Doing so would restrict access to our existing dock and
piling system and greatly damage the value of our property. Please submit another proposal that will
comply with NC riparian setback regulations and law, and we will be happy to cooperate and move this
project forward.
Regards,
Kathleen Snow, Trustee
2405 Harbor Island Road
New Bern, NC. 28562
encl: 4
proposed construction sketch by River Rat Marine
signed Riparian Property Owner Notification/Waiver form
Craven County GIS map detail
marked up survey detail of 2405 Harbor Island Road
cc: Pamela Whaley, River Rat Marine Construction
River Rat Marine Construction
202 Jeff Outlaw Rd.
Mt. Olive, NC 28365
919-920-9213
Certified Mail — Return Receipt Requested
January 19, 2023
Kathleen Snow Trustee
2412 Harbor Island Rd.
New Bern, NC 28562
Dear Sir/Ma'am:
River Rat Marine Construction will apply for a general CAMA permit on behalf of David Eckberg to install
a new dock and elevator boatlift at the property located at 2403 Harbor Island Rd., New Bern, NC 28562
in Craven County, North Carolina. The proposed work is outlined on the enclosed drawing and is
dependent upon CAMA approval.
As the adjacent riparian property owner (2405 Harbor Island Rd) to the aforementioned project, I am
required to notify you of the development to give you the opportunity to comment on the project. Please
review the enclosed forms and drawings.
Please complete the enclosed Adjacent Riparian Property Owner Notification Form, initial the enclosed
drawing and return to RRMC in the enclosed postage paid envelope. No comment within 10 days receipt
of this notice will be considered as no objections. if you have any questions, please feel free to contact
me at the number below.
Sincerely,
A,,q.,�L-td-7aL,�
Pamela Whaley
Office Manager
River Rat Marine Construction
252-414-6324
Enclosures
Styron, Heather M.
From: Doug Whaley<pam@riverratmarineconstruction.com>
Sent: Monday, January 30, 2023 1:12 PM
To: Styron, Heather M.
Subject: FW: [External] FW: Help please - 2403 Hidden Harbour
Attachments: cover 013023.pdf, Eckberg Agent form.pdf; Eckberg Left 013023.pdf,
Eckberg Right 013023.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Heather,
I have attached the completed agent form and the 2 neighbor forms for the Eckberg lift and dock.
The Left neighbor does not have an objection; however, the right neighbor does and I have included
his/her response.
The drawing RRMC supplied is completed in excel to give the neighbor an idea of what is wanted and
references min 15' setback and the cover letter states subject to CAMA approval. There is currently an
8'x20' dock where Mr. Eckberg wants to install the lift.
As far as the pilings the right neighbor refers to at their property, I'm not sure they are permitted.
I would like to schedule a CAMA visit, I am available Monday -Friday, 10am to 2pm. If those times are
not good for you, please let me know and I will make other arrangements.
Thank you,
Pamela Whaley
River Rat Marine Construction, LLC
252-414-6324
From: StVron, Heather M.
Sent: Monday, November 28, 2022 11:05 AM
To: Doug Whalen
Subject: RE: [External] FW: Help please - 2403 Hidden Harbour
After reviewing the drawing and the canal width, this should meet our criteria, however I will need to
make a site visit once a permit is applied for.
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 (argis.com)
4f-IR1'1C`,kNt: Ll rv.a
�. -
Department of Envimm"0iilal flualityWQ�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Doug Whaley<pam@riverratmarineconstruction.com>
Sent: Monday, November 28, 2022 10:53 AM
To: Styron, Heather M. <heather.m.styron@ncdenr.gov>
Subject: RE: [External] FW: Help please - 2403 Hidden Harbour
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spare.
The elevator lift will be 12' x 8.5' (arm), this number includes the diameter of the 10" pilling it will be
mounted on.
Thank you,
Pamela Whaley
River Rat Marine Construction, LLC
252-414-6324
From: Styron, Heather M.
Sent: Monday, November 28, 2022 10:21 AM
To: Doug Whaley
Subject: RE: [External] FW: Help please - 2403 Hidden Harbour
What is the arm length that the boat sits on for the elevator lift? I need its dimensions like I do for the 4
pole lifts (13' x 13' etc.).
2
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 (argis.com)
tc�a��D E 2,
7.�
Department of Environmeatal Guallty
Email correspondence to and from this address is subject to the Noah
Carolina Public Records Law and may be disclosed to third parties.
From: Doug Whaley <parr@riverratmarineconstruction.com>
Sent: Monday, November 28, 2022 9:53 AM
To: Styron, Heather M. <heather.m.styron@ncdenr.gov>
Subject: RE: [External] FW: Help please - 2403 Hidden Harbour
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Heather,
The Owner would like an elevator lift to start 15 feet from the right property line, currently there is an
8x20 dock there.
The 16x16 dock would start approximately 57 feet from the right property line. My concern is the
riparian line on the right side.
The properties are very crowded on the right side.
Thank you,
Pamela Whaley
3
River Rat Marine Construction, LLC
252-414-6324
From: Styron, Heather M.
Sent: Wednesday, November 23, 2022 12:45 PM
To: Doug Whaley
Subject: RE: [External] FW: Help please - 2403 Hidden Harbour
Depending on the width of the canal, the proposed location is going to determine whether your
proposal will work. The CAMA rules limit this type of development to not exceed % of the width of the
waterbody or canal. Are you proposing this along the main canal portion?
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 (arcgis.com)
o
13
41111illll —DuUOrtment W Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Doug Whaley<pam@riverratmarineconstruction.com>
Sent: Tuesday, November 22, 2022 2:57 PM
To: Styron, Heather M. <heather.m.styron @ ncdenr.gov>
Subject: [External] FW: Help please - 2403 Hidden Harbour
Importance: High
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Heather,
Could you possibly help me with the question below?
Thank you,
Pamela Whaley
River Rat Marine Construction, LLC
252-414-6324
From: Doug Whaley
Sent: Tuesday, November 22, 2022 2:48 PM
To: Connell, Brad
Subject: Help please - 2403 Hidden Harbour
Hi Brad,
I need your input please. I have attached a copy of the drawing and a map from GIS for 2403 Hidden
Harbour.
Customer would like an elevator lift installed just past the 15' mark from the right property line when
facing the water and a 16x16 dock at approximately the 57' mark from the right property line. Would
this plan work for this property? I know the right property line is in a tight spot. The neighbor on the
right has indicated he will object to the project. If this would not be approved, I would appreciate if you
could offer a suggestion.
Thank you,
Pamela Whaley
River Rat Marine Construction, LLC
252-414-6324
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VICINITY MAP (NTS)
LEGEND
QQ = EXISTING IRON PIN
/
/
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= WATER METER
SBL = SET BACK LINE
C&G = CURB AND GUTTER
R/W = RIGHT OF WAY
AC = AIR CONDITIONER
EP = ELECTRIC PANEL
/
TEL = TELEPHONE SERVICE BOX
REFERENCES
1. DEED BOOK 3632 PAGE 1196 ,
2. PLAT CABINET E SLIDE 101
/
3. DEED BOOK 1565 PAGE 148.-.
�p0
LAKE
(PER REF. PLAT)
CONNECTS TO TRENT RIVER
CERTIFICATE OF SURVEY
CURVE TABLE
CURVE ILENGTH I RADIUS I CHORD BEARING CH❑RDFFLINE
CL 35,03 50,00 Sll'31'16'E 34.32
N F
KATHLEEN SNOW EVOCABLE TRUST
DEED BOOK 3535 PAGE 593
5 / AC
EX.
BULKHEAD
EX. NAIL IN J////
� M: EX.717AfL TO "
S66'01'26"E 0.51'
I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION, FROM REFERECES SHOWN
HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE
INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK N/A PAGE N/A;
THAT THE RATIO OF PRECISION IS 1:10,000; THAT THIS SURVEY IS OF AN
EXISTING PARCEL OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE
AN EXISTING STREET; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE
STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56.1600)
THIS _1-L DAY OF 15Cd (411A "r 2021.
elo.
PROFESSIONAL LAND SURVEYOR
L-3726
MAL
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4
ATOR
134.
LINE TABLE
LENGTH BEARING
14,74 N41'1,
17,35 N21'27
14.02 N24'34
32.70 NI1'32
24.32 NO2'2f
7.26 N16'3!
11.3' CORNER FALLS ON
ELECTRIC TRANS. -
10 DRAINAGE &
ggL ` ` U71L!
P �'--- , 1 EASEMENT
17,109 sq. f
0,39 acres
54. B'
10.
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LANCE A. SOLAROLI & SHIRLEY EBERT
DEED BOOK 3199 PAGE 499
LOT 19
PLAT CABINET SLIDE 508
NOTES /
1. THIS PROPERTY IS LOCATED IN ZONE AE PER FLOOD INSURANCE RATE MAP 3720547900K,
EFFECTIVE PANEL DATE JUNE 19, 2020.
2. AREA BY COORDINATES AND ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
0
n SURVEY FOR
W DAVID AND ANDREA ECKBERG
U O 2403 HARBOR ISLAND ROAD
v� PORTION OF LOT #107 OLDE TOWN -SECTION II ADD. II
0 CRAVEN COUNTY PARCEL #8-204-4-107
~I TOWNSHIP -CITY OF NEW BERN-CRAVEN COUNTY -NORTH CAROLINA
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DATE: 2-16-2021 ROBERT CHILES ENGINEERING
ai ENGINEERS AND CONSULTANTS
JOB N0. 2021012 417 A BROAD
STREET
NEW CAROLINA
SCALE: - 1 "= 30' 252-637-4702
NC8EL5 FIRM F-1392
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 13, 2023
Kathleen Snow
2412 Harbor Island Road
New Bern, NC 28562
Dear Kathleen Snow:
NORTH CAROLINA
Environmental Quality
This letter is in response to your letter dated February 3, 2023, regarding your concerns about the
proposal by Mr. David Eckberg to install platform and boatlift at 2403 Island Harbor Road 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.
Sincer 1 ,
Heather Styron
District Manager
DCM MHCDO
North Carolina Department of Environmental Quality I Division of Coastal Management
�D E Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
NORTH CAROLINA
ftpsmm mof Envlmno ,i aw; 252.515.5400
,1\1 FCOAST"1%9❑CAMA ❑ DREDGE & FILL N� 91147 A B C D
GENERAL PERMIT Previous permit
y 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:
I SA NCAC ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.gov/CAMArules
C
Applicant Name Authorized Agent
Address Project Location (County):
City State ZIP Street Address/State Road/Lot #(s)
Phone # ( )
Email Subdivision
City ZIP
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)
i
Floating Platform(s) `E
Finger pier(s)
Total Platform area
Groin length/#
Bulkhead/ Riprap length
Avg distance offshore 7
Breakwater/Sill
Max distance/ length
Basin, channel E
Cubic yards.
Boat ramp f
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
0
(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 4 j
Permit Officer's PRINTED Name
Signature "Please read compliance statement on back of permit" Signature
Application Feels) 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)
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
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 thepermit. Ifyou
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. § I I3A-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. § 1 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, your 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
By mail, express mail or hand delivery
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
By Fax:
(252) 247-3330
By Email:
Check DCM website for the email
address of the current DCM Director
www.necoastalmanagement.net
Contact Information for Attorney General's Office:
By U.S. mail:
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
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
400 Commerce Avenue
Morehead City, NC. 28557
3 February 2023
Dear Sir/Madam:
I am in receipt (for apparently the third time) of an NC Division of Coastal Management Adjacent
Riparian Property Owner Notification/Waiver Form concerning proposed construction on the property
of David and Andrea Eckberg of 2403 Harbor Island Road, New Bern, NC. 28562. The proposed
construction sketch supplied by the marine contractor (River Rat Marine Construction, 202 Jeff Outlaw
Road, Mount Olive, NC. 28365) appears identical to previous proposals, and still does not accurately
depict the existing shoreline of our adjacent properties.
It is not a straight line as shown, but rather is composed of several bends and turns which intersect
with our adjacent property at 2412 Harbor Island Road. The actual intersection is at an approximate
angle of 135' meaning the proposed contractor sketch does not correctly depict the riparian setbacks
required.
I have marked up the pertinent section detail of the most recent survey of our property at 2412
Harbor Island Road by extending the adjacent property riparian lines in blue to represent that which I
believe to be the proper riparian line, and I've drawn a parallel line in red that represents the true 15'
riparian setback requirement. Clearly the proposed contractor sketch does not meet this requirement.
We do not wish to waive our riparian rights. Doing so would restrict access to our existing dock
and piling system and greatly damage the value of our property. We will need to receive a modified
proposal that will comply with NC riparian setback regulations and law. Once a complying proposal is
received, we will be happy to cooperate and move this proiect forward.
Regards,
Kathleen Snow. Trustee
2412 Harbor Island Road
New Bern. NC. 28562
encl: 4
signed Riparian Property Owner Notification/Waiver Form
proposed construction sketch by River Rat Marine Construction
Craven County GIS map detail F(t p ` FD
marked -up survey detail of 2412 Harbor Island Road
cc: Pamela Whaley, River Rat Marine Construction
F EQ
Dc'm-MHU 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:
Mailing Address of Owner: 6QYYt e—
Owner's email: `��rr @10� Owner's Phone#: 2,02,-9 7 i' "I &2_9
Agent's Name: _ .fphjbUt�QQent Phone#: ® %9"Q;zo "9z,3 (DOU0
Agent's Email:
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. A
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 you have objections to what is being proposed, you must notify the N.C. Division of Coastai
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
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
-
OR-1 do not wish to waive the 15' setback requirement (initial the blank)
I
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: ��1c`�—�n� Z 2 v� ' N o L,J
Mailing Address of ARPO: �LL�
ARPO's email: CA ARPO's Phone#;
Date:.; `3 waiver is valid for up to one year from ARPO's Signature*
Revised July 2021
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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC. 28557
26 January 2023
Dear Sir/Madam:
I am in receipt of an NC Division of Coastal Management Adjacent Riparian Property Owner
Notification/Waiver Form concerning proposed construction on the property of David and Andrea
Eckberg of 2403 Harbor Island Road, New Bern, NC. 28562. The proposed construction sketch
supplied by the marine contractor (River Rat Marine Construction, 202 Jeff Outlaw Road, Mount
Olive, NC. 28365) does not accurately depict the existing shoreline of our adjacent properties.
It is not a straight line as shown, but rather is composed of several bends and turns which intersect with
our adjacent property at 2405 Harbor Island Road. The actual intersection is at an approximate angle of
1350, meaning the proposed contractor sketch does not correctly depict the riparian setbacks required.
I have marked up the pertinent section detail of the most recent survey of our property at 2405 Harbor
Island Road by extending the adjacent property riparian lines in blue to represent that which I believe
to be the proper riparian line, and I've drawn a parallel line in red that represents the true 15' riparian
setback requirement. Clearly the proposed contractor sketch does not meet this requirement.
We do not wish to waive our riparian rights. Doing so would restrict access to our existing dock and
piling system and greatly damage the value of our property. Please submit another proposal that will
comply with NC riparian setback regulations and law, and we will be happy to cooperate and move this
project forward.
Regards,
Kathleen Snow, Trustee
2405 Harbor Island Road
New Bern, NC. 28562
encl: 4
proposed construction sketch by River Rat Marine
signed Riparian Property Owner Notification/Waiver form
Craven County GIS map detail
marked up survey detail of 2405 Harbor Island Road
VC14tvw
cc: Pamela Whaley, River Rat Marine Construction
JAN 3 0 2023
CITY
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)
Name of Property Owner: r Cpa Z413d, t
Address of Property: Ch. I Ak-
Melifing Address of Owner: '7r f t6 C.J I `I
wnei'st a ail G1 4�? �.-.b {' i OwI e s Ph e#: 7 z.
Agent's Name: UE(k /l J�14_ ( jAgent Phone#: qzc ` UJ3
Agent's Email:
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. A
description or drawing, with dimensions, must be provided with this letter.
0L I DO NOT have objections to this proposal. I DO have objections to this proposal.
�.V0 6 ff you have objections to what is being proposed, you must notify the N.C. Division of Coastal
`-' Management (DCM) in writing within 90 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
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
-OR-
Signature of Adjacent Riparian Property Owner
r
I do not wish to waive the 15' setback requirement (initial the blank}
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address of ARPO: r�
ARPO's email: Ci - Phone#:
Date:*waiver is valid for up to one year from ARPO's Signature*
Revised J1*0- NED
JAN 3 0 2023
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