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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 �W) :3 o N sz N _ o `< :r fD co ElF 0 0 v v 0 c m m d O m � co -o o � 3 co (D o m a K S ID m v s N a m -o a o N Z d c m 3 CL °� N O or m v° CD O CD CD 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 r ' 'r!tr i f Q. i f) i S1'w r1 2.� aa T` Cp,rL r,� 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— ,� . A Phone#: c' r� Agent Phone#: _. a,z C. � C C) /,/I "Z 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, r ,�1tX eJ- k 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 / mho o w �y�A SITE �qM m Ro �P�O�ft of a a Of \,P VICINITY MAP (NTS) LEGEND QQ = EXISTING IRON PIN / / ' = 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 L-W28 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. y C \ RtP 9yN � i N1NP��U� S�M�N N/F 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 w 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 y$Ty eel) .DC4 ; , ; ?Olt'll- 0 UNDER My SU' EIMM; oR .t;TmR PtEFERENCE URVEYEV Ate. 0; V9 0 THAT TtAE RATIO t3f " ' " t SURVEYMTwIlS .. DAV Or AND DO Y CER THAT TWA RF-cpfuLL-D 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 OGM-M"D CITY Ln ro I Or) CT) r'Jro rV� ft > T- 0- ai 8 Lr) 0 _I 3: Ln 00 Q) Z 0 uj aj cr Tn 14 0 C n. N Z r-j ol p-FORWR) AN 3 0 2023 GITY A-hamu 0001-m#iD CITY �ol ME 4 TV hit Lit 0 91 0 0�0 �12d UN gy J, Tut OR Aft RtFEREEt ND:T VpVEYE ARS C IN PG- TmArl Ao THAI THIS W -7 'A y D 'AND DD � CKSY CER TW TRIS "WEY IS mURE EXISTING EA- X ,� wcl��svv-'F) JAN 3 0 2023 iN-'M4A".Lfi'0l('Y