Loading...
HomeMy WebLinkAbout74759D - Pecan�CAMA / DREDGE & FILL No. 74759 A B C D r GENERAL PERMIT Previous permit # -?11560- D New Modification ❑Complete Reissue El Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality D 7 i/ - '/z and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC / f� oD pt r! , A El Rules attached. CJf Applicant Name ��(�"� o vc A Al l�� ��N / rUl� Project Location: County ArI fad AI Address Q1 P' /2efg- � . Street Address/ State Road/ Lot #(s) City (N I OA _State /_ ZIP Z �'D� ip� N �21 �/` �/00 �'� Phone # 8k) / 23 q 1,7 E-Mail Subdivision QC--,C— IAA Authorized Agent of e-my yV4'-T / ,GAGE /WAD16- City o ZIP ("-�77 Affected El�❑ El EW PTA ES PTS Phone i ( I ) River Basin t' AEC(s): ❑ OEA HHF ❑ IH ❑ URA ❑ N/A Adj. Wtr. Body 14 1 w W -,V ab /man /unkn) ❑ PWS: ORW yes / no PNA yes no Closest Maj. Wtr. Body—�PS� /t Type of Project/ Activity �� 1 L" Ft O?- l /" 9e%6A-- Pier Fixed Floati Finge Groir BulkF Basin Boat Boad Beacl Othe Short SAV: Mora Phot< Waive (Scale: J -' r ■■■■■■■■■■N■■■■■III E�!'■■.:■Li�l1l■i�•]��!�?�f.-'��?r. ■■■■■■■■■■■■■■■■■11■ I■!,��■/illlrifl�i�■■litlfli■■■�■ cubic yards. ■■■■■■■■■■■■■■BI1� liii■■■■■■■■■��■w■■■ ramp ■■■■■■■■■�■■■NI1■ 1■�■■■■■■■■■�■■■■■■ Bulldozing ■■■ ■■:■■ ■■■■■:_i■l■■■■■■■■■m■■■■a■ 1 ' ■■■■■■■■■■■■■NI I■ I■■■■■■■■■■■■■■■■■■■' OCOM not sure yes ■■�il�ir�i11.■�■■■■■11■I■■■ ■■■■�J■■■■■■■■■■■■ iis: yes 11 mom Attached: Do ■■®■■■1■�■��„�■IrfiLl�■■ ■■■ yes 9 A building permit may be required by: ( Note Local Planning jurisdiction) Notes/ Special Conditions Agent or Applicant Printed Name i� JDEA­ ❑ See note on back regarding River Basin rules. Signature "Please read compliance statement on back of permit" Zyo /09W Application Fee(s) Check # Issuing Date txpiration Date 8 October 2019 Jason Dail Div. Coastal Management 127 Cardinal Drive Ext. Wilmington NC 2840S Re: CAMA permit Meares Landing, Hampstead NC Dear Jason, I strongly object to Pecan Grove HOA's plan to build a pier, gazebo and floating dock at Meares Landing because it poses a dangerous hazard to the public, Pecan Grove, and Bellfarm homeowners. The floating dock will encourage more traffic including from non -Pecan Grove users because it is a good fishing platform. Access is by a one -lane private road with a blind curve at a state road intersection, a road which is already overloaded with a potentially deadly mix of car, trucks, golf carts, pedestrians, skateboarders, and cyclists. We have folks driving in the ditches and on private property, damaging our ditches and interfering with our drainage and right-of-way to our homes. When the original pier was built, there were only a few homes in Pecan Grove. They have since added several more sections to bring the total to 230 lot owners. That is too much traffic for a one -lane road. In addition, Pecan Grove HOA has not lifted a finger or spent a dime for any safety measures or maintenance. Indeed, it is trying to seize our green space, probably for parking, as they incrementally expand their facility in Bellfarm Subdivision. I therefore urge the state of North Carolina to exercise good judgement Where the Pecan Grove HOA will not and deny their permit application before someone is hurt. ,4";1V1 A4';'4� Houston Meares Co -administrator, Warren estate RECEIVED OCT 11 2019 DCM WILMINGTON, NC zy ww MEMBER OF MC community Management Company ASSOCIATIONS INSTITUTE October 2, 2019 Houston Meares co -administrator Walter A Warren Estate 301 Pelican Walk Hampstead 28443 Re: Applicant Name: Pecan Grove Plantation Address: Hampstead, NC 28443 Certified Mail — Return Receipt Requested Dear Houston Mears c/o Administrator Walter A. Estate, Pecan Grove Plantation is applying for a CAMA Major permit to install a dock, located at Pecan Grove Plantation, Pelican Walk, Hampstead, NC 28443. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings, Should you have any objections to this proposal, please send your written comments to Jason Dail, Field Representative, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405 (910) 796-7221, within 10 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you hav ny questions on this project, please call me at 910-509-7276 Ext. 137, or e-mail me at tlowe@Xrie/tleymanagement.com. Si Association Manager Enclosures RECEIVED OCT 11 2019 DCM WILMINGTON, NC 6331 Oleander Drive • Wilmington, NC 28403 • (p) 910-509-7276 • (fl 336-379-7340 • www.priestleymanagement.com Greensboro I Wilmington I Winston-Salem ADJACENT RIPARIAN PROPERTY OWNER STATEMENT ft I hereby certify that I own property adjacent to - =;;Ze-1 ty Owner) property located at T (Address, L t, tbck, Road, etc.) h on )�l�S �/ S� r_v/� ,in ,N.C.47(�// , ( aterbody) (Clty/To n andlor o n The applicant has described to me, as shown below, the development proposed at the above location. I have no=thispropos'al. I have objS Lr� f1 �C �e(D LetJ2 DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill In description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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 15' setback requirement.- -I do not wish to waive the 15' setback requirement, (Property Owner Information) (Adjacent Prope , Owner info dZ ioov- &-,,4A '� o(n ( �tr I'fCU�LtG�` SigjjrurA k` iA�c ' 10 Ld/fir �I1. IV �j/lfrS Print or Type Memo Pnnt or Type#arne Mailing Address cityistateizip --- Teiephono N mber Date V C?NO-y Y5� Dale ECEIVED (Revised 6/1 &12012) OCT 11 DCM WILMINGTON, NC � 111 MEMBER OF M C community-Ma� company - Pecan Grove Plantation September 17, 2019 Dear Mr. Mears, The Pecan Grove Plantation Homeowners Association and their management company, Priestley Management Company are committed to being good neighbors and would like to take this opportunity to provide you with information regarding the rebuilding of the Mears Landing dock and gazebo. As you know, during Hurricane Florence each of the three Pecan Grove Plantation HOA's waterfront properties were destroyed. After almost a year of planning and waiting we are finally close to having these common areas completed and ready for use. With respect to the rebuilding of the Mears Landing dock and gazebo we hope that this letter allays any concern that Pecan Grove Plantation HOA has any intent other than to re-establish property along the legal right of way for enjoyment by its membership as it did prior to Hurricane Florence. The design and construction of the re -built Mears Landing dock and gazebo are identical to the previous property with one exception. It is the intent of the Pecan Grove Plantation HOA to add two 16ft x 8ft floating docks to the gazebo that extend into the intracoastal waterway. The purpose for the addition of these floating docks is to provide membership with the opportunity to dock watercraft should conditions allow and provide additional options for fishing opportunities. Pecan Grove Plantation HOA has no intention of creating a waterfront property that will evolve into something that the developer did not envision, the community or its neighbors neither desires nor needs, and the state of North Carolina will not approve. The HOA has no plans or desires to seek additional land space at Mears Landing, therefore the launching and recovery of motorized watercraft and associated parking challenges will not exist. The HOA recognizes that it's legal rights as a result of the deeded right -away allow it to access the current path within the 60ft right -away, to build a dock facility and gazebo within the limitations of the legal plat, and use the waterway in accordance with its associated riparian rights. North Carolina's Department of Environmental Quality's (DEQ) Division of Coastal Management will not approve dredging necessary for the HOA to expand access from the outermost limit of the Mears Landing property for convenient access to the intracoastal waterway. There is no legal path for the HOA to expand its rights beyond that which already exists. Quite simply, the HOA is merely rebuilding property lost in Hurricane Florence and adding the capacity to dock four additional watercrafts should the tidal conditions allow for it. 6331 Oleander Drive • Wilmington, NC 28403 • (p) 910-509-7276 • (fl 336-379-7340 • www.priestleymanagement.com -_-------_.-.__ Greensboro I Wilmington I WinstonSalerrt____.--- ---_ To complete this project as envisioned Pecan Grove Plantation HOA will need to apply to DEQ's Coastal Management Division to apply for a major CAMA permit. Once mooring capacity exceeds three craft the state requires a major permit. Granting of the permit requires that adjacent landowners provide written agreement. We request that when presented with the CAMA form seeking your concurrence that you grant it with your signature. As indicated earlier in this letter Pecan Grove Plantation HOA cannot expand the Mears Landing property beyond that which is envisioned. The state will not allow it so there is no recourse for future HOA boards or its Management Company to seek that which is not possible under state law. We are committed to being a good neighbor and would be glad to meet with you to answer any questions you may have. Should you desire a meeting or have any questions please contact Trish Lowe at 9,10-509-7276 Ext 137 or tloweCo priestlevmana�-,ement.com. Respectfully, WPMgijw�; Trish Lowe (Direction of the Board of Directors) Association Manager �A i~.3 "U COMPLETE ■ Complete items 1, 2, and 3. A.. ignature ■ 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, B. Received by (printed Name) or on the front if space permits. 1. Article Addressed to: n / `-Iv ttj 3 C� 1 c a e, /V IIIIIIIIIIIIIIIIIIIIIIIII III III11W11 .9590 9402 5045 9092 9139 11 2. Article Number (Transfer from service label) 7018 3090 0001 9313 3174 ❑ Agent C. [At of 9elivery /D�1// I- D. Is delivery address different from item 1? A If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Maillm ❑ Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑ Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfinnationTM Insured Mail ❑ Signature Confirmation Mail Restricted Delivery = — $5001 Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I hereby certify that I own property adjacent to I-C--L-GWN LEI — 's (Name of Owner} property located at (Address,tgck, Road, eta) on , in d' c� S l- - , N.C. t aterbodA fCkvfrowri and for Countvt The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDIOR DROWNG OF PWVOSED DEVELOPM9NT (lndlv)dual proposing development must fill In descripyon below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring plBngs; breakwater, boathouse, Nft, or groin must be set back a minimum diataice of 16 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 IS setback requirement: 1 do not wish to waive the 1.9 setback requirement. (Property Owner IofotYnatlon) ( I c ��(�-n nformation) ,Z-- �L FY JAe, Vy A &A ko(A,f ?(( �i Sig9'06 &r (,� Print or Type NamPrl bleZ MaNngAddress g dare , 9 clty/stetelzlp oil taldlp g Telephone Number Telwhodb M Date &VISed W0012) AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION z Name of Property Owner Requesting Permit: Ccalg Mailing Address: Phone Number: r Cl)) ( ) Emaif Address: nr A 1P CD q,i/',/-C-0a d cam_ I_�,��,,,, 1 certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at( `C ) in(%1� County. (.A--�3- 1 I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff; the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature C- !/�YWi TAM Print or Type Name Title I AV Date This certification is valid through Oct. 1, 2019 Pecan Grove HOA c/o Priestly Management Company 6331 Oleander Dr. Wilmington NC 28403 Dear Sirs and Madam, On the 23`d of Sept. I was given an unsigned letter by Keith Thompson, on your letterhead with Trish Lowe's signature block. In the letter you stated your intention to apply for a CAMA permit to add 2 floating docks to your pier at Meares Landing. Already, your traffic is beginning to interfere with our homeowners' right-of-way. Floating docks will encourage substantially more traffic (they make good fishing platforms) down an already overloaded one lane road with wet ditches and a blind curve at the entrance. This road/driveway already has a dangerous mix of pedestrians, cyclists, skateboarders, cars and trucks and golf carts often driven by kids. Just this week one of our homeowners almost collided with a Pecan Grover driving a golf cart at the blind curve. We have pulled dozens of vehicles out of the ditches including your truck that delivered lumber for pier repairs. Adding floating docks would increase traffic beyond the 230 lot owners. You have made no attempt to control non -Pecan Grove traffic Nor have you attemped any safety measures to protect us or your own people . You have an alternative pier and adjacent 100ft by 300 ft lot less than 300 yards away with no traffic or safety issue. Why on would you want to endanger lives when you could have your floating docks there? As co -administrator of the adjacent property belonging to the Walt Warren estate I will NOT relinquish the estate's 15 ft. setback or riparian rights. The 60 ft by 200 ft road section next to 310 Pelican Walk: Recently, David Greer quit claimed his undivided (not stated in the deed) interest in the above real property to Pecan Grove HOA. Your representative then had the county assign a PIN and list you as the sole owner. At the most you have an undivided interest. I own the other undivided interests and I have the deeds to prove it. This property is not abandoned and there are plenty of witnesses who will say so. If your intent is to lay claim to the entire 60ft by 200ft section and ignore my undivided interest, we will be forced to seek legal action. Y I also feel the need to remind you that all of the 16 lot owners in Bell Farm subdivision, by NC law, have the right to use ALL of the subdivision roads listed on the referenced plat. Sincerely, Houston D. Meares, Jr. 301 Pelican Walk Hampstead, NC 28443 (910) 470-7770 From: Kevin Ennis 310 Pelican Walk Hampstead, NC 28443 Re: Expansion of Pecan Grove Pier PIN: 4214-91-5100-000 Mr. Jason Dail, I was recently made aware of the possible expansion of the pier located on the single lane road of Pelican Walk in Hampstead, NC by the Pecan Grove Homeowners Association. This pier was destroyed in Hurricane Florence and is currently being rebuilt by Pecan Grove HOA using the existing CAMA permit. I have no objection to the rebuild of the pier to the preexisting condition. However, it has come to my attention that the HOA intends to apply for a major CAMA permit to expand the pier to include two large floating docks which would require a new CAMA permit and would encroach on riparian rights of adjacent lot owners. While my property is not considered to be adjacent to the property, it is directly across from the pier on the single lane road and my family and I would be affected by the expansion of the pier. The single lane private road does not provide enough capacity for additional vehicle traffic that will undoubtedly result from an expansion. The single lane road is currently owned, maintained, and utilized by the homeowners in Bell Farm. There are also many Pecan Grove families walking, biking and driving the road on a daily basis. The current level of vehicle traffic, pedestrian and golf cart traffic is a concern due to the width of the road and the blind curve at the entrance of the road. In addition to the multiple uses of the road and the blind curve, there is a lack of parking that has already resulted in cars being blocked in and others parking on the neighboring properties. This is also exacerbated by Pecan Grove residents showing a blatant disregard for Bell Farm's road and drainage swells by driving vehicles into the drainage ditches and marshlands by the pier. I personally have pulled out 16 vehicles from the ditches and empty lots over the past 2 years. An increase in traffic would surely increase the issues and my fear is that someone could be injured. I have spoken with the other Bell Farm homeowners and they have expressed similar concerns and have stated that they intend to contact your office to oppose the expansion. I hope that your office will take our concerns seriously along with the directly adjacent property owners. Thank you and please feel free to contact me with any questions or to discuss further. vin Ennis 910-619-0375 ON'NOIDNIWIIM ma 610Z 8 9 130 a3Ai3a3a October 20,2019 Jason Dail Division of Coastal Management 127 Carninal Drive Ext. Wilmington, NC 28405 Re: CAMA Permit — Meares Landing, Hampstead,NC Dear Mr. Dail, It has come to our attention that the Pecan Grove HOA intends to add floating dock/docks to their existing pier/gazebo at Mears Landing in Hampstead. Our property is located 2 lots north of this structure. The current structure has been there for years and is now under repair from damage from Florence. We are opposed to the addition to any floating dock/docks as we feel it would result in increased traffic (foot, auto, bike, golfcart) on our one lane private road (Pelican Walk). Safety has become an issue already because of more and more people using this structure due to the increase of homes in Pecan Grove. One of our biggest concerns is the safety of children operating golf carts on our road without adult supervision. We ask the state of North Carolina to consider our concerns and not grant the permit for the addition of floating docks at the Mears landing site. Si�ncerelyr . ` �'k Jeff and -'Gwyn �Snider 319 Pelican Walk Hampstead, NC 540-761-4634 RECEIVED OCT 2 8 t0319 DCM WILMINGTON, NC NORTH CAROLINA Environmental Qtud lv November 18, 2019 Jeff and Gwyn Snider 319 Pelican Walk Hampstead, NC 28443 Dear Mr. and Mrs. Snider: ROY COOPER . Gorerhnr MICHAEL S. REGAN Seers? , BRAXTON DAVIS Director This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on October 28, 2019, regarding your concerns about the proposed development by Pecan Grove Plantation HOA, at property located at Pender County Parcel ID 4214-91-5100-0000, adjacent to the Atlantic Intracoastal Waterway, in Hampstead, NC. The project consists of the installation of a floating dock along the terminal end of an existing pier and platform. Based on consistency with the Rule requirements outlined in 15A NCAC 07H .1200 GENERAL PERMIT FOR CONSTR UCTION OF PIER AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TR UST WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7221, if you have any questions, or if I can provide any additional information. Respectfully yours, I- aq on Dail Field Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington, N.C. 28405 Cc: WiRO files State of North Carolina i Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Seavrory NORTHCAROUNA BRAXTON DAVIS Environmenkil Quulin Uirecrnr November 18, 2019 Houston Mears 301 Pelican Walk Hampstead, NC 28443 Dear Mr. Mears: This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on October 28, 2019, regarding your concerns about the proposed development by Pecan Grove Plantation HOA, at property located at Pender County Parcel ID 4214-91-5100-0000, adjacent to the Atlantic Intracoastal Waterway, in Hampstead, NC. The project consists of the installation of a floating dock along the terminal end of an existing pier and platform. Based on consistency with the Rule requirements outlined in 15A NCAC 07H .1200 GENERAL PERMIT FOR CONSTR UCTION OF PIER AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TR UST WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7221, if you have any questions, or if I can provide any additional information. Respectfully yours, / al J on Dail Field Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington, N.C. 28405 Cc: WiRO files State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 40 NORTH CAROLINA Environmental Qudity November 18, 2019 Kevin Ennis 310 Pelican Walk Hampstead, NC 28443 Dear Mr. Ennis: ROiI` C.QOPER Governor MICHAEL S. REGAN Secma?y BRAXTON DAVIS Director This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on October 28, 2019, regarding your concerns about the proposed development by Pecan Grove Plantation HOA, at property located at Pender County Parcel ID 4214-91-5100-0000, adjacent to the Atlantic Intracoastal Waterway, in Hampstead, NC. The project consists of the installation of a floating dock along the terminal end of an existing pier and platform. Based on consistency with the Rule requirements outlined in 15A NCAC 07H .1200 GENERAL PERMIT FOR CONSTR UCTION OF PIER AND DOCKING FACILITIES: IN ESTUARINE AND P UBLIC TR UST WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7221, if you have any questions, or if I can provide any additional information. Respectfully yours, r on Dail ield Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington, N.C. 28405 Cc: WiRO files Stan of Noft Carolina I Env¢onmenW Quality I Coastal Management 127 Cardinal Dive ExL, Wilmington, NC 29405 919 796 7215