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HomeMy WebLinkAbout92932C - Price, Eric o�0`°""41NPCAMA P DREDGE & FILL No 92932 A BCD GENERAL PERMIT Previous permit Date previous permit issued n New Modification Complete Reissue n 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 Authorized Agent Address Project Location(County): City State ZIP 5 ( Street Address/State Road/Lot#(s) Phone#(_) Email i !? t - i✓.5 Subdivision City ZIP S 70 Affected n cw n EW ❑PTA n ES PTs Adj.Wtr.Body na man/unk) AEC(s): OEA IHA UW n SPIMA ❑PWS Closest Maj.Wtr.Body ORW:yes/no PNA:yes/no Type of Project/Activity (Scale: ,) 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 TAR/PAM/NEUSE/BUFFER(circle one) t? n See note on back regarding River Basin rules 5/ n 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'6n back of permit** Signature Application Fee(s) 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: Tar- Pamlico River Basin Buffer Rules 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 Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves: Carteret, Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S.Griffin St.Ste. 300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 (Serves: Bertie, Camden, Chowan,Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 16"74'NECAMA, 7 DREDGE & FILL No 92932 ABCD Previous permitGENERAL PERMIT __Date previous permit issued n 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 n 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 f r Subdivision City ZIP Affected n CW EW I I PTA n ES n PTS Adj.Wtr.Body (natlman/unk) AEC(s): n OEA n IHA f 7 UW SPIMA n PWS Closest Maj.Wtr.Body ORW:yes/no PNA:yes/no Type of Project/Activity ""`' +r (Scale:/ ,) Shoreline Length Access Length ""� ( - — I i �i i Pier(dock)length Fixed Platform(s) Y? 41! - i _ I 1 Floating Platform(s) ? , CI i i j r �I 1 i M - E k I I Finger pier(s) 1 j I Total Platform area ""'w4 } `� { i •� ' I 4, Groin length/# tl,y 1 .`' ' Bulkhead!Riprap length _ _.:.. f_ .___}, _, 4 _._._I _.. i__...._ __ 1 Avg distance offshore i'.: / e or Breakwater/Sill ,. Max distance/length i s Basin,channel i 4- 4 F Cubic yards Boat ramp 7��� Boathouse/BoatliftI. i 1 Beach Bulldozing I - , ri a I ''c t. Other K I f/ i t I SAV observed: yes no _ ` _—, Moratorium: n/a yes no Site Photos: yes no -€ i--.___....1. i_:_._.-.__ ..-.; Riparian Waiver Attached: yes no • A building permit/zoning permit may be required by: Permit Conditions n TAR/PAM/NEUSE/BUFFER(circle one) nSee note on back regarding River Basin rules nSee 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) 1 Agent or Applicant PRINTED Name ,--ram' ` Permit Officer's PRINTED Name Signature**Please read compliance statemewt bn back of permit** Signature I Application Fee(s) 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: Tar- Pamlico River Basin Buffer Rules 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 Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves: Carteret,Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S.Griffin St.Ste.300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax:910-395-3964 (Serves: Bertie,Camden,Chowan,Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 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: C IZ i L 7 j LA Address of Property: l?pi (2 i ?i( E )PI Gt PP`t-1 f �C. 0-S 3 O Mailing Address of Owner:_1 T W22.. 1/7I IL& 12-O JAI N 6tAy©v_-TT Owner's email: : rLi(:.g0i-FSOCEGDi1 14 ©vner's Phone#: ;�5&-Y FJ!lac). Agent's Name: Agent Phone#: 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. c5 . LDO NOT have ?objections to this proposal. I DOS have objections to this proposal. \Ls bu.1- 3- �'� r L ve 5 -Rua' we_ LA) 1( ✓G CLv�L iv LA -- if you have objections to what is being proposlitrroli 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 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- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: -25�JL- Typed/Printed name of ARPO: Vrt. - & �h h5e'1 "de- I Mailing Address of ARPO: ;VI 0Sjkv�,}-vy p� ,e40...-11-11\--I N e- lSo ARPO's email: '('1.115t.hjvhttee U • I. CAMARPO's Phone#: aZS2' 1- - z3cy Date: q *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 '•• • t). • • • • • • . • N• •••• • •,, •••C:= . • • • .. ••• :: a •t„a4 • • • • • 2. • s. • • 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) =R.I(: �2..i C Name of Property Owner:_ + Address of Property: �-e-1n1 TUi' 1 KE RI;kD Nt;vilJam -;k)C J3 9-0 p rty: .� . . Mailing Address of Owner:_1 S c1 11AQI.J 2/ a izome) ►v i✓A-1Pbi?T;tv1 C- fig, -7-0 Owner's email: E-'CC')of cW6. )ufi.+3 ctillAPa'2;£sr Owner's Phone#: afsD- LI ' 51 I.o(9. l c U,, — Agent's Name: Agent Phone#: Agent's Email: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adiacent 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. .5-- 1 DO NOT have objections to this proposal. I DO have objections to this proposal. --- si�y j 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 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- I do not wish to waive the 15' setback requirement(initial the blank) Signature of Riparian Property Ow er.`-— "--G� 9 AdjacentP P Y 2.__ Typed/Printed name of ARPO: S Cn g' (I Mailing Address of ARPO: :>5.7 6.4., , 4_1 at/e ARPO's email:LS1( (i Co 44.A ' ok., ARPO's Phone#: . St-`6 U ?7 7'-7 Date: /0 - C " d 3 *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 i. «tl S « f t, y s T, .* 'It': '\,/t ,..Ci II 11/1 r �,. _ .„10 —�. _�..�_ ,t' k w'� '�'',�. M•. , A �. . dx r r #'yr . °'« r4» '*• ,y ! /� 1' Y yf, y. . A ap r M % ,yJ ADa_� lt+' . '134 , 't r * +.,'x m{ '.4„e4!'w '` t t"X , ,,: "iv., . ,s ' yr , §' r ' 4 it '• r' �r i rtY. ,it• N ‘ i - ' , ..1.,r. J .06 ' ' ' ' '',N 'I's .ir • . . : ' .41s3,' 1 .°.,!*.1 -*:‘' • . . J . « A0r,. ,. ..,, T r s q ,...ram,, r. r r t ' ♦ �11 '� S� ..ham y ,#, _e� �„ yv i'f.. d� t, s' yy�,, , vv 4, i d,' i t, A • e t T + , y v . A dy � lF., �", • "AI P. ti + ,.y i "4 41 3 .,., .00, I elk .,*1 '-••'' � , '4,,{... � r .�.°k y, "Ny,.. ii` V t :� .,.wt° .. . '`4* tA •fir- F!G ,.,b):1,(A tt,„*:MN.- -4-0,,,:s;4...,..A4,,:vis•- . :.1 A-1",:ri,.,44,l''':44.4..,,'.* !'':2..747;,,A' A...*--.''' : *-i . ''''' '.'.r.•••' ' '''''''di 4 4fik • ' `4' ti`. ` ' ' y ' , >e , . / a ► " W 1r December 12,2022 The reformation displayed by this webste is prepared for the inventory of reel property found within this jurisaction and is compiled from recorded deeds,plats,and other public records and data Users of this information are hereby notified that the aforementioned public pdmay Information sources should be consulted for verification of the n m formatbn contained on this site.Carteret County assumes no legal responslblity for the Information contained on this site. Carteret County does not guarantee that the data and rrepservi es wll be availedelo users without nterruption or error.Furthermore,Carteret County may modify or remove map services and access methods at wil. I 209 Old Stanton Rd. Beaufort, NC 28516 March 13, 2023 Heather Styron, District Manager NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Manager Styron, I spoke with Eric Price today of 189 Turnpike Rd, Newport. We are the ARPO. He told me that he drew the enclosed map from memory, but his plans are to put the pier/dock in the same place. We previously objected to that location because of possible navigation problems with the dock being in the bend of the creek. Those objections still stand. The new drawings are somewhat ambiguous. We object once more to the project as proposed. Thank you, Debra Stinson Prentice Stinson RECEIVED MAR 13 VI Dcm_MHC CITY 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: G�'`t r, (ee- evict Address of Property: `p ( - f 1:„,,l(C ` ei 4c.Jfie),---/ 17c e .5-7.0 Mailing Address of Owner: SK+r+e 4 460✓e //� ii Cl�etr1'eri . ca." 7 r ' ' a a- s G Z c[t Owner's email: er-. OrigitenCt4 MEV Owner's Phone#: Agent's Name: 19//'� Agent Phone#: .4 Agent's Email: ✓ X 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. X 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) 515-5400. 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 RECEIVED -OR- I do not wish to waive the 15' setback requirement(initial the blank) MAR 1 3 202,E DCM-"HD Signature of Adjacent Riparian Property Owner CITY Typed/Printed name of ARPO: fe-vvii_e. f...5A4v+SvIn Mailing Address of ARPO: ,Zoe OOA 561,61,t Tv) , P I�v4--r ►'C� zys,', ARPO's email: S}ivfaoh,1. (k C�r�a.I.rim ARPO's Phone#: _ W.'12 2_ o11- Date: Si 13I20l *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 a \---"?, rs ro \4 Y 16 . . Ts \ " N Vs< f es-- ,., S * 0 mm'° a \ % S w0 4 t. �� I2 () cc a County Home Page(https:/lww‘ Ili .et 2 Carteret County GIS cc • -ay•_f>. Search Results Layers r., , '" Results List �< � Details . < �_ Carteret County Parcel '.7 t 2023 Tax Parcels Contains 2022 changes ` - { z• r OWNER: RILEX3 LLC ` �� °� ° Addresses: 189 TURNPIKE ROAD 639901166857000 • PIN: (https://arcgisweb.carteretcountync.gov/PropertyRecor '„ <"* ,,I.-.'. a� , .' .ifpin=639901166857000) ,, sit 4•" :g , ?r y,, , t • Deed Ref: 1780-008 9/19/2022(assets/carteret/deedhandler.ash> A,,r:,. r.r.r,. a , f i Plat Ref: 34-161 (assets/carteret/deedhandler.ashx2book=348*p ,,,.�+" ,,....w..--•.% ?.a�*t r r'. 20AVI ,..rw..r+r.r.4Is s y, Total Acres: 16.67 :G. "'''r� t J :�r., Sale Price: $0 *-. CI ,,•' z G4a -- g Land Value: $125,025 1 fit' Structure -` 3 �{r ; Value: $0 . e •, :� ,,, .', 4` '10.01A Other Value: $0 i Condo: 0 r% * " -) _ _ Township: 1277 HARLOWE ,r`2 ) 1 ' • .- a Vim' ' l City: _ .40,.... '.� . k ,, < 16 87A �„,, 120001 HARLOWE Codes „ ? � Neighborhood: { (https://arcgisweb.carteretcountync.gov/PropertyRecor �' .x i �g ao••s tx;a a ctsayt�� ' ,‘ Fire District: HARLOWE FIRE - v �� � " ••3 "' Rescue + k,, MILL CREEK RESCUE District: �, Legal Desc: TRACT 7-LOGANS LANDING HARLOWE s Y- t t 9 ' ' V < µ J y r yh: 1 Y 1. N W y a °pfJ' w - ''`, ,� ; ',. l ROY COOPER - -- ( � Governor �;�� / _I '� ELIZABETH S.BISER " ; — -" Secretary #�` s BRAXTON DAVIS NORTH`CAROLINA 6111/L Director Environmental Quality October 31, 2023 Debra Stinson 209 Old Stanton Road Beaufort, NC 28516 Dear Mrs. Stinson: This letter is in response to your objections dated received by DCM on 3/13/2023 regarding your concerns about the proposal by Eric Price to install a pier and platforms within a tributary that connects to Core Creek at 189 Turnpike Road in Beaufort, Carteret 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, the relevant statutes and third-party hearing forms. 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) 515-5400, if you have any questions, or if I can provide any additional information. Sincerely, a&c �uJltt:P M. rIttjAhm Heather Styron District Manager CC: Richard Mahoney, Field Representative, DCM Jonathan Howell, Regulatory Section Chief, DCM DNorth Carolina Department of Environmental Quality I Division of Coastal Management EQ) Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557 NOR H CAROLINA 0epibnw"°'E,*onnMnd10ua� /‘° 252.515.5400 iii"4ctilir CANA,, ' 92932 A a i ) D ii C3.DREDGE & FILL. 4 GENERAL PERMIT Previous permit ry , Date previous permit issued N New OModification 0 Complete Reissue C 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: ISA NCAC 0 7/f , :, .* [Rules attached. 3 General Permit Rules available at the following link:vwvw.deq.nc,Eov/CAMArules APpli alt Name ,�; . £`,`, ',.- Authorized Agent , N..`«, Address € Project Location(County): ,r' City ,a, State 2 ZIP Street Address/State Road/Lot#(s) _ r° ,,. Phone#( : ;.) s -' - . . - - Email_; : f;,,,' i„.,. -,. t = :-.: , ; &: ,_ :.`' Subdivision - City ,',1/ . zip Affected [1 CW [.EW r PTA f ES, L^�PTs Ad).Wtr.Body . , ,r'satlniaNO un AEC(s): L OEA r IHA ____UM/ \ SPIMA I, I PWS Closest Maj.Wtr.Body ORW:yes/no` PNA:yes/no Type of Project/Activity _ (Scale: ) Shoreline Length - w Access Length �'.�" , i _,i Pier(dock)length _r i. 3-_ _ t Fixed Platform(s) � F ; :-' : r ' r Floating Platform(s) f ) 31 z l - f 1 t ' rt'F r'-t---r Finger piers) , Total Platform area— ___� s, r ;,,.�. - ., f Groin len h# --- v g _ .e. t. _ . . Bulkhead/Riprap length ' Avg distance offshore , a Breakwater/Sill ; ` Max distance/length i Basin,channel v.. 1 a ! .. . , Cubic yards ` i._ � rLLr r- �-—- __ T i ----1 1.---- _ .. i ; 17Beach Bulldozing _ g r r r j ; r 1 , ) I '� t r) i Other i t:il 8 l )- v �t "T"a �� i SAV observed yes a � - - { -+-== I -L _ _1,.�,,, _ .__l. �; t. Moratorium: n/a yes na ;t `�_ }+ { _ Site Photos: yes rid d. ! +' , _ i I- . :. ( , , f , E # fL- - s .. ..S :i. -. t Riparian Waiver Attached: ;yes/` no ' 1 ,,. .. I a r r < _ t A building permit/zoning permit may be required by: : - sTMr__,- TAR{PAM/NFUSEI6UFFER(circle one) Permit Conditions ef; _ , <s - -. See onRiver rules n note back regarding Basin ,.- See additional notes/conditions on back,----- , I AM AWARE OF STATUTES,., C RULES GR AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name " " . _� F Permit Officer's PRINTED Name r a �,. ,, Signature**Please read compliance statement.n back of permit** '' Signature ✓L. Application Feels) Check#/Money Order Issuing Date Expiration Date 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. § 113A-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 150B, 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 13A-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 express mail: By Fax: Environmental Division (252)247-3330 114 W. Edenton Street Raleigh,NC 27603 By Email: Check DCM website for the email By Fax: address of the current DCM Director (919) 716-6767 www.nccoastalmanagement.net Based on the attached responses to the above factors,the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Date Printed Name of Petitioner or Attorney Email address of Petitioner or Attorney ( ) Mailing Address Telephone number of Petitioner or Attorney ( ) City State Zip Fax number of Petitioner or Attorney Updated: February 2011