HomeMy WebLinkAbout20220194 Ver 1_CAMA Application_20220208ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnara-NCDENR.gov
SUBJECT: CAMA /Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME__
AGENCY
SIGNATURE
DATE
4�eu\
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252,808.2808
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Robert & Shelley Schwartz
LOCATION OF PROJECT SITE: The project is located adjacent to Brices Creek at
157 Ducks Way, near New Bern, in Craven County.
Latitude: 35° 3157.43"N Longitude: 77' 3'45.78"W
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit— 1/11/21
Was Applicant or Agent Present —Yes
Photos Taken — Yes
PROCESSING PROCEDURE: Application Received — cc: 2/2/22
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Craven County
Land Classification from LUP —Rural with services
(B) AEC(s) Involved: PTS, PTA
(C) Water Dependent: Yes, No
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing — septic
Planned -none
(F) Type of Development: Existing — residential dwelling, pier, bulkhead, & shed
Planned - relocate non -conforming shed, construct dock &
boat ramp
(G) Estimated Annual Rate of Erosion: NIA
Source — NIA
HABITAT DESCRIPTION: DREDGED FILLED INCORPISHADED
(A) Open Water 75 ft2 813 tt2 shaded
(B) High Ground 225 ft2IF
(E) Total Area Disturbed: 1,113 ft2
(F) Primary Nursery Area: No
(G) Water Classification: C; Sw; NSW Open: No
(H) Cultural Resources: None
Project Summary: The applicant wishes to relocate a non -conforming structure
(shed), construct a boat ramp and dock within Brices Creek for private use, in
Craven County.
Field Investigation Report:
Schwartz
Page 2
Narrative Description:
The property is located adjacent to Brices Creek at 157 Ducks Way near New Bern, Craven County.
This property is currently developed with a residence, pier, bulkhead, and a non -conforming structure
used for storage is immediately adjacent to the pier out over the tributary. The adjacent riparian
properties are developed with single family residences.
The enclosed storage structure (shed) is considered a non -water dependent use as per the NC Coastal
Resources Commission (CRC) rule, 15A NCAC 07H .0208(a)(1). Therefore, the structure is non-
conforming to the existing rule which took effect on September 9,1977. However, the structure was
built in 1970, prior to the effective date of the rule to which it is inconsistent.
The elevation of the high ground of the parcel is about 5' above the normal water level (nwl),
Vegetation on the parcel mainly consists of mature trees and lawn grasses. There are no Coastal
Wetlands within the project area. The 0.4-acre lot has approximately 135' of continuous shoreline
along Brices Creek. Immediate offshore water depths adjacent to the parcel range from —2' to —10'
normal water level (NWL). The subaqueous substrate is firm without shell.
There is not a cultural resource in the nearby vicinity of the project area. This waterbody is
approximately 265' across at this location. These inland waters are not classified as a Primary
Nursery Area. Submerged aquatic vegetation was not observed at this location. This area is closed to
shellfish harvest and is classified as C; Sw; Nutrient Sensitive Waters. There is not a defined Federal
Channel near the project area. This parcel is subject to the Neuse River Riparian Buffer Rules.
Proposed Development:
The applicant proposes to relocate the existing dock & shed, and construct a new boat ramp within
Brices Creek, near New Bern. The proposed development would take place at 157 Ducks Way,
Craven County. This proposal is for private residential use.
The existing dock and non -conforming shed would be moved from the northern riparian property line
to the southern riparian property line. The current structure traverses the northern riparian property
line and into the neighbor's riparian property area of Brices Creek. The riparian property owner to the
south has waived the 15' setback. According to the Craven County tax records, this existing shed
structure was originally constructed circa 1970. There are no proposed changes to the dimensions
(16' x 24') of the non -conforming storage structure. The proposed structure relocation would keep it
within the riparian property area of 157 Ducks Way.
The associated pier length would be increased and an "L" platform would be constructed at its
waterward terminus. The proposed hog slat pier would be 5' by 48' and the proposed hog slat
platform would be 9' by 21'. The proposed shed location would be on the south side of the proposed
pier, landward of the proposed "L" platform.
Brad Connell February 8, 2022 Morehead City
Field Investigation Report:
Schwartz
Page 3
The proposed hog slat boat ramp would be constructed 15' from the northern property line. The
proposed boat ramp would be 17' wide and 20' long. This proposed ramp would extend
approximately 7' waterward into Brices Creek. Two 20'-long vinyl retaining walls on both sides of
the boat ramp for structural support are included in this proposal.
Anticipated Impacts:
This proposal would not pose a hazard to navigation. The proposed dock and storage structure
would shade 813 square feet of inland waters. The storage structure would serve a similar use and
not be enlarged beyond its original 1970 dimensions as per CRC rule 15A NCAC 07H .0211 J, and it
would be relocated to within the riparian property area so as to comply with current rules to the
maximum extent possible.
The proposed boat ramp would also be for private use of the property owners. The proposed boat
ramp would fill approximately 75 square feet of shallow bottom and 225 square feet of high ground.
Traditional marine construction methodology will be utilized during the construction of this
project. Turbidity impacts are not anticipated during construction activities within Brices Creek.
There is not a cultural resource in the nearby vicinity of the project area. This project area is
subject to the Neuse River Riparian Buffer Rules. These waters of Brices Creek are not
classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not
observed. This area is closed to shellfish harvest and is classified as C; Sw; Nutrient Sensitive
Waters. There is not a defined Federal Channel near the project area.
Brad Connell February 8, 2022 Morehead City
Robert & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
CAMA Major Permit Application Narrative
December 16, 2021
We purchased our property at 157 Ducks Way in New Bern on May 25,2017 for one reason —the vintage
boathouse on the water! Although the house on the property is located in a flood zone and recently
flooded during hurricane Florence and needs to be completed renovated, it is the boathouse that gives
us the most pleasure and enjoyment of our waterfront property.
This classic boathouse is mounted on pilings driven into the riverbed and constructed with wood
framing and galvanized metal siding and roofing. It was constructed in 1950 and has stood the test of
time and survived numerous storms and hurricanes. It is a historic structure that needs to be
maintained and preserved, and as the current owners we are committed to preserve this historic
landmark. As we work hard to restore and remodel the house to make it our dream waterfront home, it
is the vintage boathouse that reminds us why we purchased the property and inspires us to make the
dream a reality.
Our boathouse was built during at a time when few people lived in the rural Brices Creek area once
dominated by fishing camps and family farms, long before the establishment of coastal management
regulations. As a result, the boathouse was built by local residents on their property to meet their
fishing and boating needs at the time. As the area has developed overtime and regulations and
boundaries have become more defined, our boathouse has been deemed to be non -compliant with
current CAMA regulations and adjacent riparian property rights.
It is our intent to restore our vintage boathouse to its former glory and bring the non -conforming
structure into compliance with current riparian property owner regulations. Therefore, we propose to
move and restore the existing dock and classic boathouse to a new location on the opposite side of our
property while respecting the adjacent riparian property owner rights. However, we are requesting an
exemption as a historic structure from the CAMA development regulation that states 'boathouse walls
may cover only the top half of the boathouse (from the roofline). The bottom half must remain open.' As
a historic structure existing prior to current CAMA regulations, we are requesting to be 'grandfathered,'
and allowed to rebuild the boathouse in its current form and dimensions in the proposed new location.
Due to the location of the house, shed, other outbuilding structures and the septic system and leech
fields on the property there is no other location where the boathouse could be installed.
In compliance with 15A NCAC 07J .0211 we are requesting to move, relocate and restore/replace our
existing 'non -conforming' boathouse that was built in 1950, prior to the effective date of the rule with
which it is inconsistent. The replacement structure will be built to the same original dimensions, will
RECEIVED
DGM-MHD CITY
County era gone long ago, and having survived all the severe storms during the past 70 years makes it a
treasured landmark that local residents embrace and share fond memories. There are very few similar
structures remaining, and therefore it is impossible to replace such a traditional boathouse with an
alternative structure. No owner of a 1957 Chevy Bel Air would ever trade it for a current model car with
its modern 'benefits.'
Respectfully,
Robert & Shelley Schwartz
A scoping meeting was held at which DWR was present. The date of the scoping meeting was on
Monday, January 11, 2021 and this project was discussed. This meeting met the requirement for
requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the
federal Clean Water Act.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief. The project proponent hereby requests that the
certifying authority review and take action on this CWA 401 certification request within the applicable
reasonable period of time.
RECEIVED
FEB 01 2, 2
XMI-MI D CITY
APPLICATION for
Ma1er Development Permlt
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
NIA
Schwartz Boathouse
Applicant 1: First Name
MI
Last Name
Shelley
Schwartz
Applicant 2: First Name
MI
Last Name
Robert
Schwartz
If additional applicants, please attach an additional page($) with names listed.
Mailing Address
PO Box
City
State
111 Cindy Drive
Egg Harbor
NJ
Township
ZIP
Country
Phone No.
FAX No.
08234
uS
609 - 364 -
8754 ext.
nla -
-
Street Address (if different from above)
City State
ZIP
157 Ducks Way
New Bern NC
28562-
Emaii
shelleygarrison@comcast.net
2. Agent/Contractor Information
Business Name
Riverfront Builders, Llc
Agentl Contractor 1: First Name
MI
Last Name
John
Gudaitis
Agent/ Contractor 2: First Name
MI
Last Name
nfa
Mailing Address
PO Box
City
State
3614 Fort Road
New Bern
NC
ZIP
Phone No. 1
Phone No. 2
28560
252 - 675 -
8210 ext.
nla - ext.
FAX No.
Contractor #
nla
62543
Street Address (if different from above)
City
State
ZIP
nla
Email
nfa
Form continues on back>
RECEIVED
7.0 2
')CM-MHD CITY
Form DCM MP-9 (Page 2 of 5)
APPLICATION for
Major Development Permit
RECEIVE®
FEB 01 202?
CCM-MAID CITY
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Craved
157 Ducks Way
Na
Subdivision Name
City
State
zip
nla
New Bern
NC
28562 -
Phone No,
Lot No.(s) (if many, attach additional page with list)
609 - 364 - 8754 ext.
39, n 1 a ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Brices Creek
C. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Trent River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Craven County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
143'
16,640
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
16,640, 1 1
NWL (normal waterlevel)
(If many lot sizes, please attach additional page with a list)
30" ❑NHW or ®NWL
e. Vegetation on tract
Grass, trees
f. Man-made features and uses now on tract
House, storage shed
g. Identify and describe the existing land uses adiacent to the proposed project site.
Houses
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
❑Yes [--]No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> RECFIVFD
VEB U 1 K12
;.ACM-WIFIb CITY
Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? Dyes ®No
(ii) Are there coastal wetlands on the site? Dyes NNo
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? Dyes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Septic system
o. Describe existing drinking water supply source.
County water
p. Describe existing storm water management or treatment systems.
nla
5. Activities and Impacts
a, Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
NPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Personal pleasure and viewing river, boat and jetski mooring, day use storage for water activity equipment
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Dock and platform construction will be performed from the water by an excavator mounted on a floating barge. Will be stored
on site during construction.
d. List all development activities you propose.
Install concrete dock and platform, and reinstall existing boathouse in new location.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Both: reinstall existing dock and
boathouse in new location
f. What is the approximate total disturbed land area resulting from the proposed project?
0 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes NNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
nla
i. Will wastewater or stormwater be discharged into a wetland?
Dyes NNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No DNA
j. Is there any mitigation proposed?
❑Yes NNo DNA
If yes, attach a mitigation proposal.
Form continues on backs RECEIVED
1;,12
0CM-MAID CITY
Form DCM Mi (Page 5 of 5)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Bradley Kimrey Phone No. (252) 450-5952
Address 153 Ducks Way New Bern, NC 28562
Name Teru Rexroad Phone No.
Address 165 Ducks Way New Bern, NC 28562
Name Phone No.
Address
g. A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
nla
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary. nla
j. As ig n ed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) nla
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 12/ 1121 Print Name John Gudaitis
Signature
Please indicate application attachments pertaining to your props project.
❑DCM 1 Excavation and Fill Information ❑DCM i Bridges and Culverts
❑DCM i Upland Development
®DCM i Structures Information
RECEIVE[
FEB a 1 2G22
DCM-MHD CITY
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
4. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PubliclGovernment ®PrivatelCommunity
c. (i) Doek(s) and/or pier(s)
(ii) Number 1
(iii) Length 49
(iv) Width 6'
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 1
(iii) Length 22'
(iv) Width 10'
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
1
(ii) Number of slips existing
0
i, Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k• Typical boat length: 21'
m. (i) Will the facility have tie pilings?
®Yes ❑No
(ii) If yes number of tie pilings?
2
❑ This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
d. (1) Are Finger Piers included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating []Yes ❑No
f. (i) Are Boatlifts included? [-]Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or fail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage, number of boats:
® Boat ramp(s); number of boat ramps: 1
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (i) Will the facility be open to the general public?
❑Yes ®No RECEIVED
FEB 01 2i.22
DCM-MHD CITY
Form PCM MP-4 (Structures, Page. 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: : Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location: n'a
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
nla
d. How will overboard discharge of sewage from boats be controlled?
i
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
nla
(ii) Give the location and number of "Pumpout Available" signs proposed.
Na
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
i
g. Where will residue from vessel maintenance be disposed of?
nIa
h Give the number of channel markers and "No Wake" signs proposed. 0
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
nla
j. What will be the marina policy on overnight and live -aboard dockage?
not allowed
k. Describe design measures that promote boat basin flushing?
i
I. If this project is an expansion of an existing marina, what types of services are currently provided?
nla
RECEIVED
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes ®No
FEB U12,.�2
DCM-MHD CITY
Form Dr-R4 MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes K]No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
nla
3. BOATHOUSE (including covered lifts) ❑ This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliclGovernment ®PrivatelCommunity
(ii) Number 1
(iii) Length 26'
(iv) Width 18'
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g,, wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number 0
(ii) Length nla
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length nla b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
F6. MOORING PILINGS and BUOYS This section not applicable
a. Is the structure(s): b. Number 2
❑Commercial ❑PubliclGovernment ®PrivatelCommunity
C. Distance to be placed beyond shoreline 49' d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present. nla
e. Arc of the swing
7. GENERAL FC'r-', IVF D
Form D(M MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
15' 200'
Note: For buoy or mooring piling, use arc of swing including length
Of vessel.
c. Width of water body
345'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d, Water depth at waterward end of structure at NLW or NWL
10,
8. OTHER ❑This section not applicable
a. Give complete description:
The boathouse will be restored for its unique historic and intrinsic aesthetic value. Its proposed daily usage will be
watersports related equipment storage (paddle boards, kayaks, paddles, life vests, etc)
July 8, 2021
Date
Schwartz Boathouse
Project Name
John Gudaitis
Applicant Nam
Ap can Signature
RECEIVED
FEB 01 2G22
DCM-MIID CITY
ROY COOPER
,,,I
EL[ZABETH S. MSER
r
BRAXTON C. DAVIS
Coastal Management
ENVIRONMENTAL QUALITY
February 3, 2022
The Sun Journal
Legal Advertisement Section
Q.O. Box 1149
New Bern, NC 28563
Re: Public Notice - Robert Schwartz
Dear Sir:
Please publish the attached Notice in the February 13, 2022 issue of the Sun Journal.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808.
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
Brad Connell
Coastal Management Representative
Enclosure
cc: Gregg Bodnar
Roy Brownlow
!_/ Nothing Compares ---,-
State of Ncrdt Carolina I Envirornnental Quality I Coastal Management
400 Commerce Ave Morehead City.. NC 28557
252 908 2808 T
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as
designated under the CAMA was received on February 2, 2022. According to said application, Robert
Schwartz proposes to relocate a dock, shed, and construct a boat ramp within Brices Creek, adjacent to
157 Ducks Way, Craven County. A copy of the entire application may be examined or copied at the office
of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City,
NC, (252) 808-2808 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, prior to March 10, 2022, will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies.
Notice of the permit decision in this matter will be provided upon written request.
PUBLISHED ON: February 13, 2022
-%'Nothing Comparesn_
State of North Carolina I Environmental Quality I Coastal Management
400 COmmeree Ave ' Morehead ON, NC 28557
252 808 2808 T
Fd �q6o
MAJOR PERMIT FEE MATRIX 7tt- aO SS-
Applicant:
5e k
r P5 _AelleLy
Selection
Development Type
Fee DCM %
(14300 '1601 4351000931625 6253)
DWQ %
(243001602 435100095 2341)
1. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
11. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
111, For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
l3, C, or D below a lies:
11I(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied.,
lll(S). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
Y�l
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
El
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands andlor
open water areas:
BK 3502 PG 949 - 952 (4)
This Document eRecorded:
Fee; $26.00 DocType: DEED
Craven County, North Carolina
Sherri B. Richard, Register of Deeds
DOC# 10007966
05/25/2017 03:58:06 PM
Tax: $260.00
NOR` R CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 260.00
Parcel Identifier No. 7-103-039 Verified by
By:
County on the day
Mail/Box to: Stricklin "w I:irni i A. 448 U. S. Hi liwa 70 W. Havelock NC 28532
This instrument was prepared by: Stricklin Law Firm, P.A., 448 U.S. Flighway 70 W., Havelock, NC 28532
Brief description for the Iadex: 1,01' Metes & Bounds, Bryan Duffy
`i'HIS DEED inade this _ 1101 Clay of � Apri I _ __ _ _ _, 20 } , by acid between
GRANTOR
Jan 11. Sheehan and spouse,
James Edward Sheehan
8 Cove of Cork Lane
Annapolis, MD 21401
GRANTEE
Robert C. Schwartz, Jr. and spouse,
Shelley N. Garrison -Schwartz
I 1 Cindy Drive
( gg Harbor'[Wonship„ NJ 08234
Enter in appropriate block for each Grantor and Grantee: naive, mailing a(1(lress, and, if appropriate, character of entity, e.g
corporatinri or partnership.
20_
The designation Grantor and Grantee 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.
WlTNESSETH, that the Grantor, fora valuable consideration }laid by the Grantee, the receiptof which is hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that cem-lin lot, parcel of land or con(lontinium unit
situated in the City of _ Number Seven (7) Township, Craven County,
North Carolina and more particularly described as follows:
See Attached
DECEIVED
FEB 01 21,22
DC4V HCITY
The property hereinabove describCd was acquired by Grantor by instrument recorded in Book 2594 page 4 _
All or a portion of the property herein cnnveyetl __ includes or X _. does not include the primary residence of a Grantor.
A snap showing the above described property is recorded in Plat Book page
Nags I ail 2
NC Bar Asscx•i.itiozi i,orm Nca. 3 C) 197G. Revisal 6) i977, 2O02, 2013 11iis standard faun has been approved hy:
Primed by Agrecrnew widi tits NC Bar Association — 1981 North Carolina Bar Association -- NC Bar Form No. 3
Submitted electronically by "Stricklin Law Firm, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Craven county Register of Deeds.
BK 3502 PG 950 DOC# 10007966
TO HAVE AND TO H0LD the aforesaid lot or parcel of land and all privileges and apputienances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketahle and free and derv- of all encumbrances, and that Grantor will warrant and defend the title against file lawful
claims of all persons whomsoever, other than the following exceptions: \\►��`t"t'f Ff"'rf��r,
Restrictive covenants recorded in Book 543, Page 225, Craven County Regisury.
Easements and Restrictions of record. -
MY
1N WITNESS WHEREOF, the Grantor hltx duly executed the foregoing as of the day and year first above written. z ; COMMISSION
EXPIRES
(Entity Name) rin pe Nartt : J n N. Sheehan 'f :o�/.
By:/% 1 ` f*� s f ANY` 1.
E ��r�, : c
Printfl'ype Name & "Title: �P�rintfl`ype Name: IaN '
EXPIRES
By:
Printfl'ype Name & Title: Print/Type Name: ''.,- ;.• ..,.; �v \�\••
/'�llrHfllI1111t\\\\\
By: SEAL
Print/Type Name & Title: Printff'ype Name:
State of Maryland __ - County or City of
1, the undersigned Notary Public of the County or City of�_ _�l and State aforesaid, certify that
Jan li.Sheehan �f1 pe onpearedbeforemethisdayandackrtowled edthedue
execution of the foregoing instru,me�nt for the pttr�p �sed. Witness my hand and Notarial stamp or seal this II _ day of
•�D�'r I , 20—L. �w`� ,.$o;�pttY PG�(f • ''�.
n Z : COMMISSION ' O
My Commission Expires: y �;, EXPIRES _ Notary Public
5/I7J2U17 ' `
(Affix Seal.) • �-Y. , : �, ,: Nottlry's Printed or Typed Name
State of . Maryland - County or 0i'(F i
1, the undersigned Notary Public of the County or Cityof --iAwNP-S and State aforesaid, certify that
James Edward Sheehan ttOr�tIA'1�+� personally appeared before me this day and acknowledged the clue
execution of he forgoing instrument for the purporjjUA &AMSS, Witness my hand and Notarial stamp or seal this L day of
_ nor , 20 / : ��Ay P�,�• -r
I COMMISSION ' 0 = , J
My C0111111isSion Expires: r S x : EXPIRES ' �= 4��- � f v� Notary Public
(Affix Seal) � 5/17/2017,`.�.�; Notary's Printed or Ty ed Name
�., lie;: ••_�.J ...
State of - County or City 6Y++,,,y...,F+ti\`
1, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally calve before me this clay and acknowledged that
_he is the of , a North Carolina or
corporation/limited liability company/general partnership/limited partnership (strike through the
inapplicable), and that by authority (July given and as the act of such entity, _he signed the foregoing instrument i» its name on its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, this __ clay of 20_.
My Commission Expires:
(Affix Seal)
NC Car Association I'ornt No. 3 fit) 1976, Revised 0 1977, 2W2. 2013
Printed by AgfceFtient with dic NC Bar Association — 1931
---.�---._--- Notary Public
Not,ary's Printed or Typed Name
11age2or2 RE:CEIVF:D
71is standard Inrm has been apnrovc<I by:
North U—olina Bar Association — NC Bar Form No. 3
FEB 01 2(22
[)CM -WAD CITY
BK 3502 PG 951 DOC# 10007966
ATTACHMENT `A'
Lying and being situate in Craven County, North Carolina, and snore particularly
described as follows:
All that certain lot or parcel of land situated in Number Seven Township, Craven County,
North Carolina, and more: particularly described as follows:
TRACT NO. ONE: Lying, situate, and being in Number Seven Township, Craven
County, North Carolina, on the west side of Brice's Creek, south of Williams Road, east
of the steel drawbridge over Briees' Creek, and being more particularly described as
follows:
Beginning at a point in the west shoreline of Brice's Creek this point standing 24.5 feet
measured North 17-00 East from the southeast corner of the tract of land conveyed to J.A.
Waller and wife by N.P. Shuler and wife by deed dated January 21, 1949; thence from
this beginning North 64-30 West 120 feet; thence North 30-15 East 72 feet; thence South
64-30 Last 111.7 feet to the shoreline of Brice's Creek; thence South 24-00 West along
the shoreline of Brice's creek 72 feet to the beginning. The courses herein referred to
being magnetic for January 1949.
TRACT NO. TWO:
That lot or parcel of land lying adjacent to the above -described Tract No. 1 above
described and beginning at the northernnjost corner of the above -described lot and
running thence along the western line of the said lot South 30-15 West 72 feet; thence
North 10-10 East 74 feet; thence South 64-30 Last 25.7 feet to the point of beginning.
The courses herein referred to being magnetic for 1950. Together with an easement for
the purpose of ingress, egress, and regress over and upon a strip of land 25 feet in width,
the centerline of this said strip being located as follows:
Beginning in the center of the Creek Road, this said Creek Road being as shown on the
map of the Bryan Duffy Subdivision, this said subdivision being of record in Map Book
2, at Page 67, in the office of the Register of Deeds of Craven County; thence from this
beginning South 4-40 Fast 173 feet; thence South 25-30 West 25 feet, more or less, to the
northern line of the foregoing described parcel ofproperty.
(Cont.)
ECr7lVF D
FEB 01 2G22
DCIlfi-M1iD CITY
BK 3502 PG 952 DOC# 10007966
TRAcI' No. 'THREE:
Also another lot or Marcel of land lying adjacent to the above -described Tract No. 1 above
described and beginning at the westernmost corner of said Tract No. 1 above described
and running thence along the southern line of said lot South 64-30 East 120 feet to the
western shore of Brice's Creek; thence South 13-20 West along the western shore line of
Brice's Creek 60.1 feet to a stake; thence North 64-30 West 116.4 feet; thence North
10-10 East 60 feet to the point of beginning.
Tracts Numbers 2 and 3 above described being the same lots or parcels of land conveyed
to J. K. Barnes, Sr. By James Arthur Waller and wife, Sue Sandling Walter by deed dated
August9, 1955, and recorded in the office of the Regiser of Deeds of Craven County, in
Book 543, at page 225.
Tracts Numbers 2 and 3 above described are conveyed subject to those certain terms,
conditions and restrictions set forth in that certain deed executed by Jaynes Arthur Waller
and wife, Sue Sandling Waller, to J. K. Barnes, Sr., dated August 9, 1955 and recorded ill
the Office of the Register of Deeds of Craven County in Book 543 at Page 225.
ALSO CONVEYED is a right of ingress, egress and regress to and from the parcels
described hereinabove and Brice's Creek Road, over and upon Creek Road {now Duck's
Way} as shown on the map recorded in Map Book 2 at page 67 of the Craven County
Registry.
This being the same property as described in Deed Book 2594 at page 405, Deed Book
2500 at page 606, and Deed Book 1100 at page 189 Craven County Registry.
7-103-039
SCI-I WARTZI7-102
RECEIVE D_
F EB 01< K 2
DClV'-ldiHD CITY
Parcel ID:
Owner:
Mailing Address
Property Address
Description :
Lot Description
Craven County Geographic Information System
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
This report was created by Craven County GIS reporting services on 1/5/2021 2:58:16 PM
7-103 -039
SCHWARTZ, ROBERT C JR & SHELLEY N
111 CINDY DR EGG HARBOR TOWNSHIP NJ 08234 Nit 1 �4
157 DUCKS WAY
BRYAN DUFFY j >1
Assessed Acreage : 0.400
Deed Reference : 3502-0949
Recorded Survey
Estate Number :
Land Value : $120,000
Improvement Value : $43,050
Total Value : $163,050
City Name:
Drainage District
Subdivision :
Calculated Acreage : 0.380
Recorded Date : 5 25 2017
Tax Exempt: No
# of Improvements : 5
Fire tax District : TOWNSHIP 7
Special District
Land use : RESIDENTIAL - ONE FAMILY UNIT
Recent Sales Information
SALE DATE
Sellers Name
Buyers Name
Sale Type
Sale Price
5/25/2017
SHEEHAN, JAN H &
SCHWARTZ, ROBERT C JR
STRAIGHT
$130,000
JAMES EDWARD
& SHELLEY N
TRANSFER
4/30/2007
DGT VENTURES LLC
SHEEHAN, JAN H & JAMES
STRAIGHT
$225,000
EDWARD
TRANSFER
8/29/2006
KUEIDER, MARGARET B
DGT VENTURES LLC
STRAIGHT
$175,000
TRANSFER
11/18/1985
KUEIDER, WALTER G &
KUEIDER, MARGARET B
STRAIGHT
$0
MARGARET C
TRANSFER
11/18/1985
BARNES, ELIZABETH W
KUEIDER, WALTER G &
BUILDING SALE
$45,000
MARGARET C
List of Improvements to Site
Type of Structure
Year Built
Base Area 1st Floor
Value
RESIDENTIAL CONSTRUCTION
1950
1305
$36,850
STORAGE BUILDING-DETACHED-RES
1950
384
$2,300
SHED-W/1-3 SIDES OPEN -DETACHED
1970
308
$750
BOAT DOCK/PIER-RESIDENTIAL
1950
222
$2,400
STORAGE BUILDING-DETACHED-RES
1970
162
$750
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