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HomeMy WebLinkAbout130-05 TX/Renewal 01/2009 Hagberg, Susan t•.•.;.r.aoo-o-a;•o.:c.o.-._:.,�ao-aa,-;.:.o-....w-,w.no..ttorn-;.;aac�c r;<-���r.t-.,�..•oaur•-o-ruti.:ar..r>:.a;,�nw,oc-,.:.:..;."-.c.:-:.�xro-}o-:-+.�.�o.u>roaa...>orm.rv,.r:-.o.,;.�*c_,.u.a-crA:-a,.to.w-r..,...��.:.c•�•!-w:-r j Permit Class Permit Number TRANSFER 130-05 RENEWAL STATE OF NORTH CAROLINA Y Department of Environment and Natural Resources and s Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Susan Hagberg Schild, 143 St. Jiles Drive, Clayton,NC 27520 Authorizing development in Washington County at Albemarle Sound, off SR 1344, Newberry Landing Rd , as requested in the permittee's application dated 5/19/05 , including the attached workplan drawings (3) all dated 5/19/05. This permit, issued on January 27, 2009 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The authorized alignment of the bulkhead shall be constructed in a straight line between the corners of the two adjacent bulkheads. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the Y structure. See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the ` other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. James H. GVeison, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2010 In issuing this permit, the State of North Carolina agrees { that your project is consistent with the North Carolina Coastal ManagemenrProgram. Signature of Permittee x 4i+;tiM}.N X✓�}'KY!�:-vqy. :..'rM'-.,_..v:}(.:.'ppry`M6i!^a..SCNC�4+'^YNi::K/-h"K4i'riff•C4i4ii+-?QYhp.^iN•7*.wi4:w.C<ab.ti-04:]4^'r5•p4c+YMO•YrJM-0+%•b:Y.u-5•:SriX� ';du�•:;m.;.r.a}e.p.�n.;.}.H' :K�w�l.p Susan Hagberg Schild Permit# 130-05 Page 2 of 3 ADDITIONAL CONDITIONS { a r 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other < suitable materials approved by department personnel. No excavation or other land disturbing activities Y is permitted except for that which shall be required for the construction of the bulkhead wall, riprap, h deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment without permit modification. 5) The backfill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control E 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately Y landward of the bulkhead cap immediately following completion of backfilling activities. 8) All disturbed areas shall be properly graded and provided a round cover sufficient to restrain erosion , P P yg P g within thirty days of project completion. t Pier 9) This permit authorizes only the 6 ft. x 48 ft. pier, the 16 ft. x 16 ft. platform, the two 3 ft. x 16 ft stepdowns, the single pile supported jet-ski lift, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application dated 5/19/05 and attached . workplan drawings dated 5/19/05. No other structure, whether floating or stationary, shall become a. permanent part of this pier without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. , 11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 12) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms . and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. IR,.r•,��,�,�,c.�r..awow.r->•x.;-.,K.ae.yo-o.:a�,e-:-.o-rsn.k.xbo.>-w:.o.>.,.�.a..-;•.,•:t.n..r:-;-N x.n.t.cao.u•.stca..ra,o.roes..c.:.A>..}a:,=aao-r..o,+ors:•x.}o-rr:.s.r�Wta.o.o-c.rN-,.:•a.�•oo-.s•o-:-;<-.vr.+,c..oac->•;• ,r.�:.s.,.-..R f Susan Hagberg Schild Permit# 130-05 y Page 3 of 3 z ADDITIONAL CONDITIONS 4 F ;t Y } 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury < which may be caused from existing or future operations undertaken by the United States in the public interest. 15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent $ reflectors shall be attached to the structure in order to make it more visible during hours of darkness or } inclement weather. 16) This permit does not authorize the creation of any permanent boat slips other than the approved jet-ski k lift. The addition of tie-downs, pilings, or boat slips shall require modification of this permit. Contact a DCM representative at(252)946-6481 to request this authorization. General p 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the h opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 18) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. r Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-0965), which was issued on 7/13/05. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 1980000291 (COE Action Id. No. 200511219) which was issued on 8/2/05. F:•A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary January 28,2009 Susan Hagberg Schild 143 St.Jiles Drive Clayton,N.C. 27520 Dear Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope.Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,NC 27611-6714,(919)733-2698 within twenty(20)days of this decision on your permit.You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be carried out in accordance with your application.Modifications,time extensions,and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved.If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance.By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, N.C. 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Y�r1• VVa M1YN�V� "- MAILING DISTRIBUTION SHEET Permitee: &,t SC1v, Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) M .City %jashington mm on US ACOE Offices: Washington: Rale' racey Wh Will stcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Joey White(WARO) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Quality: Cyndi Karoly(Raleigh) John Hennessy(NC DOT) Washington: V' sty od e Kyle a Wilmington: Joanne Steenhuis—401 Kelly Johnson- Stormwater Wildlife Resources: Maria Dunn(WARD) Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee#: Agent#: MEMORANDUM TO: Doug Huggett THROUGH: Terry Moore Wig FROM: Kelly Spivey )./S DATE: 24 November 2008 DEC 3 2008 SUBJECT: Transfer and renewal of CAMA Permit No. 130-05 From Graham Whitehurst to Susan Hagberg Schild Morehead City L)CM Washington County Albemarle Sound Permit number 130-05 was issued to Mr. Graham Whitehurst on 11 August 2005 for the construction of a bulkhead,pier with platform and jet ski lift located off SR 1344 at Newberry Landing on the south side of the Albemarle Sound near Roper in Washington County,North Carolina. The bulkhead construction is complete however no other construction activities have taken place. The permit expiration date is 31 December 2008. On 12 November 2008 Ms. Susan Hagberg Schild, requested that CAMA Major Permit 130-05 be transferred to her and also renewed in order to complete the permitted activities. I recommend the transfer of Major Permit No. 130-05 to Susan Hagberg Schild as well as the renewal of the permit. Two separate checks (check nos. 1046 and 1048)totaling $200 were submitted with the renewal and transfer request and have been deposited. ATTACHMENTS cc: Raleigh Bland,USACOE ONCE, DEC 3 2008 Moreheaa C 'tY CCNJ Susan Hagberg Schild 143 St. Jiles Drive Clayton,NC 27520 November 19, 2008 Mr. Kelly Spivey, Field Representative NC Division of Coastal Management 943 Washington Square Mall Washington,NC 27889 Dear Kelly, I am writing to request a transfer and extension on the CAMA permit on my lot at 143 Newberry Landing, Roper,NC. Please change the name on the permit from Graham Whitehurst to Susan Hagberg Schild and extend the permit for two years. The Permit Number is 130-05 and is dated August 11, 2005 for 143 Newberry Landing, Roper,NC 27970 off SR 1344 (Barber Road). You will note that the bulkhead and backfilling were completed prior to my purchasing the lot. Enclosed please find a check for 100.00 for the transfer. We'd be grateful if you could extend the time frame on this permit for us. Best Regards, Susan Hagberg Schild (919) 788-7750 Number 130-05 Transfer Authorization Page I of I From : "UNITED COUNTRY/SWEARINGEN REALTY" Date : Tue, 18 Nov 2008 16:19:29 -0500 <a-realty@mchsi.com> j+� D ��`�+ { 1 To : "Kelly Spivey" <kelly.spiveyOncmail.net> j� l\l7-�((�� ED Cc : "Susan Schild" <susan.schild@atcmail.com> f+1 Subject : Permit Number 130-05 Transfer Authorization DEC 3 2008 Kelly, Mr. Graham Whitehurst,the owner of this waterfront lot at 143 Newberry Landing, Roper, NC 27970 in Washington County at the time of this permit issuance, has signed an authorization for the peri*tto be ,walci City DCM transferred to the current owner, Mrs. Susan Hagberg Schild. A faxed copy of the signed authorization is attached. If you have any questions, please call.Thank you. Mike Michael D. Swearingen Jr. NC RE Broker License 101764 United Country/Swearingen Realty 1807 Albemarle Beach Roper, North Carolina 27970 252.793.5745(Phone/Fax) a-realty@mchsi.com (email) www.albemarle-realty.com www.unitedcount!y.com/plymouthnc 1--_.1/....... ,,..,.......:i 1 di1')07RimPc 11/1 ROOM �+R ►tlt�t '�• -� ti 5 # fTrw%l It GLL m ' Pll�i NE1 pj jo M OVMW"4M 4ow al to Ps"PUW A%SWU a WA qVMAI-o aqm 04 UN ''! W jA+ O=A"ft 'PM W+W WOO 10 W W WO0 Al!o paayaaovu r M 800Z E no Vaod V"VotXPW4'wPM%i&M au"+U 'P mj Jt V#V to '�`1'• WON' Nd Ids rpm AVJXM a 9ft 2740 eft Zvi VA dT;2T Vooz/vIllIT DEC 3 2008 Morehead City DCM Susan Hagberg Schild 143 St. Jiles Drive Clayton, NC 27520 November 4, 2008 Mr. Kelly Spivey, Field Representative NC Division of Coastal Management 943 vWashi gion Square 1vlall Washington,NC 27889 Dear Mr. Spivey, I am writing to request a two year extension on the CAMA permit on my lot at 143 Newberry Landing, Roper,NC. The permit reference is in the name of the fellow I bought the property from, Graham Whitehurst, Permit Number 130-05 dated August 11, 2005 for 143 Newberry Landing, Roper, NC 27970 off SR 1344 (Barber Road). You will note that the bulkhead and backfilling were completed prior to my purchasing the lot. No development has been initiated during the development period. The project will not be completed before the expiration of the current permit. Originally, I had intended to build on the lot, and put in a pier and jet ski lift, however, I got married in September of last year. My husband and I have decided to sell the lot. It is currently on the market. When the lot sells, we will request a transfer of the permit to the new owner. Enclosed please find a check for 100.00. We'd be grateful if you could extend the time frame on this permit for us. Best Regards, *M a��� . Susan Hagberg Schild (919) 788-7750 FILED in Washington Countyy,. NC on Mr t0 2006 of 1Z5V18 PM by Elaine G Vun Register of Deeds BOOK 436 PAGE 26 Iaaad 4P to 2M 11YED -OihWineen ''Uaa4 :^ Tar DEC 1, Zoo8 Prepared by and return to: GENERAL WARRANTY DEEP. ®®M Arthur E.Cockrell MM oc Gi ''ssCr 119 E.Water Street Revenue Stamps Paid$ 436.00 Plymouth,N.C.27962 PARCEL IDENTIFIER NO. 7851-01-164217 ASSIGNED OR VERIFIED BY: DATE: D a NORTH CAROLINA WASHINGTON COUNTY THIS DEED,made and entered into this l D day of April,2006,by GRAHAM A. WHITEHURST, JR. and wife, BONNIE J. WHITEHURST, Grantors, to SUSAN IC. HAGBERG,2944 Claremont Road,Raleigh,NC 27608,Grantees. (The designation of Grantor(s) and Grantee(s) as used herein shall include said parties, their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context.) WITNESSETH: THAT the Grantors, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantees in fee simple, all that certain lot or parcel of land situated in Skinnersville Township,Washington County,North Carolina,and more particularly described as follows: BEGIN at an iron pipe set over an existing iron rod in the northern edge of the right of way of Newberry Lane,said iron pipe being located 719.09 feet along the centerline of Newberry Lane from the centerline of SR 1344(Barber Road)and a point in the line of Olivia C. Freeman (Deed Book 316, Page 476) and running thence along the Freeman property line the following courses and distances: North 25 degrees 16 minutes 39 seconds West 21.12 feet to a found iron axle and North 21 degrees 39 minutes 26 seconds West 146.33 feet to a point located in the waters of the Albemarle Sound and the edge of the Freeman bulkhead;thence along the waters of the Albemarle Sound North 61 degrees 53 minutes 52 seconds East 185.09 feet to a mag nail set in a wood bulkhead belonging to Morton Bradman(Deed Book 327,Page 704);thence along the property line of Bradman South 06 degrees 41 minutes 29 seconds West 175.97 feet to an iron pipe set over an existing iron rod; thence South 28 degrees 04 minutes 33 seconds East 10.77 feet to an iron pipe set over an existing iron rod located in the northern edge of the right of way of Newberry Lane; thence along the said right of way South 67 degrees 33 minutes 14 seconds West 9.48 feet,South 59 degrees 56 minutes 55 seconds West 45.64 feet,South 51 degrees 24 minutes 06 seconds West 35.74 feet and South 43 degrees 02 minutes 07 seconds West 12.62 feet to the POINT OF BEGINNING, and being more particularly shown and described on map entitled SURVEY FOR: Graham WHITEHURST, dated July 28, 2004,prepared by Timothy J. Esolen, Professional Land Surveyor L-3365,and BOOK 436 PAGE 27 recorded in Plat Cabinet 3,Slide 4J,Washington County Registry,which is incorporated herein by reference for purposes of further description. There is also conveyed hereby all right,title and interest of grantor in and to that certain lot or parcel of land described and conveyed in a deed dated May 11, 1972, from J. Whitford Swain to James E.Salyers and wife,Juliet Salyers,of record in the Office of the Register of Deeds of Washington County in Deed Book 235, Page 132, and specifically the old right of way road which crosses said lot or parcel of land and which formerly provided access to lands of grantor. The above-mentioned tract of land is subject to a line agreement of record in Book 235, Page 130 of the Washington County Registry. The above-mentioned tract of land is also subject to right of way agreements of record in Book 327,Page 699 and Book 347,Page 42,of the Washington County Registry. Being the same property conveyed by deed dated July 30, 2004, from James E. Salyers, unmarried, to Graham A. Whitehurst, Jr. and wife, Bonnie J. Whitehurst, recorded in Book 421,Page 157,Washington County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. And the Grantors covenant with the Grantees,that Grantors are seized of the premises in fee simple,have the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1) Noncompliance with any local, county, state or federal government laws, ordinances, or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. 2) Public utilities easements of record,if any. 3) 2006 ad valorem taxes. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals,the day and year first above written. (SEAL) GRAHAM A.WHITEHURST,JR. ' W Unlllc(SEAL) 1t0?QN1E J.WI#FEHURST BOOK 436 PAGE 27 recorded in Plat Cabinet 3,Slide 4J,Washington County Registry,which is incorporated herein by reference for purposes of further description. There is also conveyed hereby all right,title and interest of grantor in and to that certain lot or parcel of land described and conveyed in a deed dated May 11, 1972, from J. Whitford Swain to James E.Salyers and wife,Juliet Salyers,of record in the Office of the Register of Deeds of Washington County in Deed Book 235,Page 132,and specifically the old right of way road which crosses said lot or parcel of land and which formerly provided access to lands of grantor. The above-mentioned tract of land is subject to a line agreement of record in Book 235, Page 130 of the Washington County Registry. The above-mentioned tract of land is also subject to right of way agreements of record in Book 327,Page 699 and Book 347,Page 42,of the Washington County Registry. Being the same property conveyed by deed dated July 30, 2004, from James E. Salyers, unmarried, to Graham A. Whitehurst, Jr. and wife, Bonnie J. Whitehurst, recorded in Book 421,Page 157,Washington County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. And the Grantors covenant with the Grantees,that Grantors are seized of the premises in fee simple,have the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1) Noncompliance with any local, county, state or federal government laws, ordinances, or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. 2) Public utilities easements of record,if any. 3) 2006 ad valorem taxes. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals,the day and year first above written. 0" (SEAL) GRAHAM A.WHITEHURST,JR. 01/LJ UN17(-(SEAL) IE J.WWFEHURST BOOK 436 PAGE 20 COMMONWEALTH OF VIRGEaA CqUNfY OF a Notary Public of the County and State aforesaid,certify that GRAHAM A. WHITEHURST,JR.and wife,BONNIE J.WHITEHURST personally appeared before me this day and acknowledged the execution of the instrument.Witness my hand and official stamp or seal this day of April,20 y Zt'•�J�'TM ••J�� � s: 5 Notary Public �'•, p� v�� Q My commission expires: `�1'311'acuK '''••� ••Np�'