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 �'�
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❑ PWS:
ORW yes / no PNA yes no Closest Maj. Wtr. Body—�PS� /t
Type of Project/ Activity �� 1 L" Ft O?- l /" 9e%6A--
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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 /
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3 C� 1 c a e,
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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
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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