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