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HomeMy WebLinkAbout37206_HESTER, OMA_20040102JDAMA / ❑ DREDGE & FILL GENERAL PERMIT Previous permit# ClNew -jModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 1 SA NCAC / XRules attached. Applicant Name_ _ , 7y ; . (�� Ca �-FZ Project Location: County K,;" Vim, Address % f fi, / �lr; �!/ Street Address/ State Road/ Lot #(s) % n � City_ State ) C ZIP Phone # (: s � 6 72 - 7V Fax # (2S Y) C 3 - 1 3� Subdivision Authorized Agent l . N,' �%/.-> ,/ City ZIP T SD CWi EW [PTA ElES ❑ PTS Affected Phone # ( `' ") "/ 7 `��/ ! T River Basin ElOEA ❑ HHF ❑ IH ❑ UBA El N/A AEC(s): Adj. Wtr. Body .Gnat Gman /unkn) ❑ PWS: ❑FC: -� ORW: yes /, no PNA yes / no_,,) Crit. Hab. yes /{no Closest Mal. Wtr. Body, Type of Project/ Activity (Scale: ) Pier (dock) length a $ ' y _ Platform(s) ) Finger pier(s) ! ✓ Groin length „ "� : d— 1(0 - i2 +v�4-�r�2 -#'. i,. number -- Bulkhead/ Riprap length �Z ` P 744 avg distance offshore_ — max distance offshore 1 Basin, channel : 1 - — cubic yards i � � Boat ramp Boathouse/ Boatlift Beach Bulldozing L ' r f Other ✓�!• , 4 ' I lye!. { Shoreline Length /--05 r`t` —\ SAV: not sure yes no . I - --- -- ---- — --- --- -- -- Sandbags: not sure yes no C i 1 j { t _:.i 1 , ,r / !� L ly Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions d Agent or Applicant Printed Name Signature "Please read compliancestatementon backofpermit" Application Fee(s) Check # Y' See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date �- Expiration Date vim- (v . M 0/ 0 a/ S A Local Planning Jurisdiction Rover File Name 'It Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific 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 or certified mail return receipt has been obtained from the adjacent riparian landowner(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 ❑ Other: ❑ 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 Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Fax: 252-264-3723 Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 L 0 ^tt 5 f( It r 1 t y rl 11 a _- MEDFORD MARINE CONTRACTORS os-o3 ROBERT N HASKINS , SR. 802 B NEUSE DR 252-635-5242 NEW BERN, NC 28560 PAY -D, TO THE rj' ORDER OF-7 ^' ' 218 DATE I A _ 0 ► 66-30i512 $ f L0. (--b FIRST CITIZENS t t2 DOLLARS BANK Firstl-`iz ns Bank & Trust Company Now Born, N.C. 28562 www.firstcitizens.com FOR II0000 2 LBII� t; _ -- 1w O S 3 L00 3001:00 L IL 2 4 31, 9 9 GII■ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: p mow^ Een Lat') e. Y1_0 6f(\ /)C r-)3��0 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ yes 2. Article Number /�';[`� /� (Transfer from service label) �W '1 J 3 dp' �� �i�( PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 c z CO N r m ( 4.:'• �1 { m .A cDvN� . PPv h O � Z (D ni • .- C"61 Medford Marin e Contractors P.O. Box 3556 New Bern, N. C. 28564 252-635-5242 Date. 11-20-03 Attention, Mr. & Mrs. Drew D'Angelo Dock construction for: Mr. & Mrs. Oma Hester RE: 112 Highland Rd. New Bern, N.C. 28560 The above named property owner has consulted with our company to provide our Marine Construction Services. In order to perform this service our company is required to obtain a C.A.M.A. (Coastal Area Management Act) permit from the Department of Environment and Natural Resources. Part of this permit process requires our company to notify both of the adjacent property owners on each side of our customer's property and provide them with the following items. 1- A description or drawing, with dimensions of the proposed construction. 2- An Adjacent Riparian Property Owners NotificationlWaiver Form. This form is divided into (3) parts. The 1t part will provide you with the property owner's name and address that contracted our services and will ask if you have any objections to this proposal? If you have no objections to this proposal, insert your initials on the line provided. If you do have any objections to this proposal, just follow the directions as stated. The 2nd part (Waiver Section), applies only if the proposed construction is less than 15 feet from your property tine. This section "Does Not Apply" to the installation of a bulkhead or if the proposed construction is greater than 15 feet from your property line. The Td part requires your signature, date, printed name, and telephone number. The Division of Coastal Management requests this so they can contact you if verification of all the information on this form is needed. If you do not have any objections to this proposal, Please mail the form back to our address above. If you do have any objections to this proposal, follow the directions on the form. Please feel free to contact our office at the number above if you have any questions concerning this proposal. Thank You, e David ford Mr. & Mrs. Oma Hester 112 Highland Rd. New Bern, N.C. 28560 252-672-9472 I D'Angelo Property Neuse River 72' = 26" de th Medford Marine Contractors P.O. Bog 3562 f New Bern, N.C. 28564 252-635-5242 N� I Z HU DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Individual applying 1 ing for Permit: Mr. & Mrs. Oma Hester ,Address of Property: 112 Highland Rd. New Bern, N.C. 28560 Craven Co. (Lot or Stree #, 5trae1 or Road, City & County) I hereby ce:dry that I own property adjacent to the above referenc:d property. The individual applying for this pem-dt has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, Hestron Plaza H, 151-B, Hwy. 2.4, Morehead City, NC, 28557 or call (252) 808- 2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (L. you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 1 5' setback requirement. I do not wish to waive the I5' setback requirement. Si °nature Date Pant Name Telephone Number With Area Code ADJACIEN T RIPARULN PROPERTY OWNER STATE�IEN-T (FOR A PIERIMOORING PILINGS/BOATUFTIBOATXOUSE) It � I hereby certify that I own property adjacent to r , + �I rs 0� %� s (Name of Property Owner) property loud at J I 9�� X/• d R d. Q (Lot, Black, Road, etc.) on N.C. (Waterbody) (Town and/or County) He } bed to e, as shown bel , the deve!op t he is proposing at tha location, and, I ha no obj bons to his rogosat_ I dersiand that a pie:lmoor�ng pihnp; thouse ust be sr back minimum di of fifteen feet (15') from my area of riparian unless aived by me. to wai-'trbe setback (; Ida Wtt to waive )far sed5ack DESCRIPTION AND/OR DR.-kWLN- G OF PROPOSED DEVELOPI*IE-`7: (To be jM d in by individud proposing development) (See the attached drawing) a Slgaaturo f-n,�tzyi L Wloil i H ino- l Print or Type Name 2- Telephone Number Date: 2,1—, -Ij Mr. & Mrs. Oma Hester 112 Highland Rd. New Bern, N.C. 28560 252-672-9472 I D'Angelo Property Neuse River 72' = 26" de th Medford Marine Contractors P.O. Bog 3562 New Bern, N.C. 28564 252-635-5242 N,;�7 i /L N""Se R:vtr IV 4 - i I I 2 6 - 10 NFL Drs. Drew & Elizabeth D'Angelo 108 Bur Ben Lane New Bern, NC 28560 Department of Environment and Natural Resources (DENR) Division of Coastal Management DEC 19 200,E Hestron Plaza II 151-B Highway 24 Morehead City, NC 28557 This letter is in response to a C.A.M.A. (Coastal Area Management Act) permit request by Mr. & Mrs. Oma Hester 112 Highland Rd. New Bern, NC 28560. We own the property adjacent to the Hester's along the Neuse River and have received an adjacent riparian property owner notification form. We have reviewed the plans presented by Medford Marine Contractors for the Hester's describing a 2-slip boat dock facility including a 7000 lb lift extending 72 feet into the Neuse River. After these reviews we have concluded that we must object to the plans as currently proposed. The first point is the proposed dock facilities negative impact on the value and enjoyment of our property. The Hester's recently purchased home is setback from the river on a long narrow lot (home is >500ft from bulkhead) conversely our home is set on a bluff with <100ft setback from the Neuse River, overlooking the bulkheads along the Neuse River. The length and location of the proposed dock facility puts it directly in front of our property interfering with our downriver view toward the rising sun and gives dock occupants unimpeded access and view of our home which would not have been possible had it not been for the extended dock built on land in the public trust (See enclosed photos). Integral to the value of our property is its private location and unobstructed view of the Neuse River. This dock facility punitively and permanently interferes with both of these characteristics to such a degree that we must vehemently object to the project as currently proposed. The second objection to proposed dock facility stems from its impact on the local environment. The proposed structures will be the third facility of its kind constructed along this 800 ft stretch of the Neuse River. These facilities will have the capacity for eight powerboats. The facilities currently being operated contain four powerboats. These four boats have resulted in a number of instances whereby fuel "leakage" has resulted in slicks, which float on the river releasing toxic fumes and endangering wildlife. The Hester's proposal would ultimately allow a doubling of the number of powerboats along this small stretch of Neuse River and past experiences have already shown us the negative effects of powerboat usage along this stretch of the Neuse River. We appreciate the DENR for giving us the opportunity to comment on this proposal and its negative effects. We respectfully request that DENR deny the current proposal and request the Hester's to resubmit alternate plans, which would address the objections presented. We would be glad to discuss further any aspects of this proposal and how it can be modified. We would like to close by adding that we hope with the help of DENR and Medford Marine an agreeable solution can be found. R7pect4 I Drs. Drew and Eli beth D'Angelo j Title Cnv0002 Photo Date/Time 2003/12/18 I DEC] 2003 P � Sw � . � � .. . FJxi �.�, �iJ �, .:�. �, ,� �' ;r . .F�w "'qti' �.4 �_ �..: . �fi. 1 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIW AIVM FORIvi Name of Individual applying 1 ing for Permit: Mr. & Mrs. Oma Hester Address of ProPeny: 112 Highland Rd. New Bem, N.C. 28560 Craven Co. (Lot or Street #, Street or Road, City & County) I hereby ce.sfy 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, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, Hestmn Maw II, 151-B, Hwy. 2.4, Morehead City, NC, 28557 or call (252) 808- 2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, break -water, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 1 5' setback requirement. 1 do not wish to waive the 15' setback requirement. I Sit ature Date I rQw f�11z r'int Nam Telephone Number With Area Code A74LA-- FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 8, 2004 Drs. Drew & Elizabeth D'Angelo 108 Bur Ben Lane New Bern, NC 28560 Dear Drs. D'Angelo: This correspondence is in reference to my onsite meeting with Dr. Drew D' Angelo on January 2, 2004 in regards to the dock structure proposed by your downstream neighbors Mr. and Mrs. Oma Hester. The site meeting followed several telephone conversations which resulted from your objections to the Hester's dock proposal. The project is located on the Neuse River at 112 Highland Road, near New Bern, Craven County, North Carolina. As you recall, the Hester's proposed a 4' X 88' pier with an 8' X 16' "L"-shaped platform and a 12' X 12' uncovered boatlift and two mooring pilings. When I left the site last Friday, it was my understanding that the relocating of the dock to the downstream side of the property away from you along with the flip-flopping of the boatlift and platform to minimize impacts to privacy addressed your objections. After our meeting that is what I conveyed to the Hesters. But if you recall, I did say that I would write a letter giving you the right to request an appeal of the permit even with your verbal consent of the project. This letter serves that purpose. As I stated last Friday, the Division of Coastal Management (DCM) has reviewed your objections and worked with the Hesters to address as many concerns as possible including those mentioned above. DCM then determined that the proposal was consistent with the pertinent rules of the Coastal Resources Commission and on 1/2/04 issued CAMA General Permit #37206-C to the Hesters for the development. If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the Acting Director of the Division of Coastal Management, Mr. Charles S. Jones, Department of Environment and Natural Resources within 20 days of the permit decision. A copy must also be sent to the Attorney General's Office, Environmental Division. The forms are enclosed. If you have any questions, I can be reached at (252-808-2808). Sincerely, M. Ted Tyn all District Manager Enclosures cc: Charles S. Jones - Acting Director, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper