HomeMy WebLinkAbout74727D - ScharfG{ o(SL-f-f r IV V
ZCAMA / ❑ DREDGE & FILL No. 74727
GENERAL PERMIT Previous permit# A B C OD
2New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 -7Y' 1 d Co
f +�%� Rules attached.
Applicant Name IVR� Project Location: County �U l7llf'/L
1.1 Address 1311-CC Nj(01441164161�Zaa
CiState NL ZIP A9 D5
Phone # (7/0 53 J 770 I E-Mail MId N6 � i✓fn-
Authorized Agent L_Mt - C/o All en CI flick
Affected ❑ CW XLEW VPTA ❑ ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS:
ORW: yes / fi91 PNA yes / (@
Type of Project/ Activity / e iv ha /� I ("
A � hhl , kv / & c IWflr i l \
Pier (dock) length I U§ Jt 1
Fixed Platform(s) 10X It & fP4
Floating Platform(s) .35 IX
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore —
Basin, channel '"—
cubic yards —
Boat ramp —
3><S oatli
Beach Bulldozing
Other OW : /DSa 5F
Imo - / 1�25SF
Street Address/ State Road/ Lot #(s)
//0 [. lnog Aoeoo
Subdivision
City `�G1� �"I� aG�c zip a84so
P Qne # ( OV 45a Cy 01 River Basin WhI *y,[._
9
Adj. Wtr. Body �'i ��ilwllY at /man /unkn)
Closest Maj. Wtr. Body%kY4k24 A
Shoreline Length 59
Iry
SAV: not sure yes —
I
Moratorium: n/a yes 1 ) 9 UM it
Photos: yes ® _ �1 i rk
Waiver Attached: yes
A building permit may be required by:-Inyt/d �{�/%%�( l i 40 lld
( Note Local Planning Jurisdiction -U��
Notes/ Special Conditions -n ".5 t*Y J$
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Agent dr Applicant Printed Name - I
E' d I61JA , 1l�
Signature ** Please read compliance statement on back of permit
�60 O ° 16 5
Application Fee(s) Check #
(Scale: 1: q6) )
❑ See note on back regarding River Basin rules.
PermitOffiicer's Printed Name
% �A
Signature
Issui
��/a
ng Date Expiration bate
LMG
LAND MANAGEMENT GROUP
a DAVEA. company
September 16, 2019
Patrick Amico
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Patrick,
On behalf of Mathew Scharf I would like to request a CAMA General Permit to construct a fixed pier,
gazebo, and floating dock with boat lift at 110 South Lumina Avenue, Wrightsville Beach, New Hanover
County, North Carolina as depicted in the attached site plan. The attached plan has been revised from
the July submittal based on your coordination with the applicant that places the waterward extent of the
floating dock in a location that can be authorized with a General Permit.
Please find enclosed a Site Plan, Agent Authorization, deed, and $200 fee check. Adjacent riparian land
owner notifications have been sent by certified mail and receipts are attached. Green confirmation cards
will be forwarded once received.
Please let me know if you have questions or need anything in addition to process this CAMA General
Permit.
Sincerely,
Greg Finch, Agent
Land Management Group
Enclosures: As stated
Cc: Mathew Scharf
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEIVED
SL_D 16
DCM WILMINGTON, NC
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
Phone Number:
Email Address:
Matthew Scharf
1319-CC Military Cutoff Road #172
Wilmington NC 28405
matt@realpropertiesllc.com
I certify that I have authorized Land Management Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
gazebo, and floating dock with boat lift
construction of fixed pier,
at my property located at 110 South Lumina Avenue, Wrightsville Beach
in New Hanover County.
Y
I furthermore certify that 1 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.
PropFrty OwneR11forma
'on
Signature
Matt Scharf
Print or Type Name
Title
-7l15" l1I
Date
RECEIVED
This certification is valid through 12 /31 /2019 �I � 16
2019
DCM WILMINGTON, NC
Book 6212 Page 754
BK: RB 6212
I
IIIIIillll
IIII'IIIIIIIIIII�I
IIIIIIIII
PG: 8
o RECORDED.
2019012778
NC FEE $26.00
05-02-2019
NEW HANOVER COUNTY, NC
STATE OF NC
08:55:03 AM
TAMMY THEUSCH BEASLEY
REAL ESTATE
BY: ANGELA ENGLISH
REGISTER OF DEEDS
EXTX 54000.00
DEPUTY
WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE
NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON
TITLE TO THE PROPERTY.
JPrepared by: Layne McNeill Smith, Attorney
300 Coral Drive
Wrightsville Beach, NC 28480
Excise Tax .'I, 000 TAX PARCEL No: R06308-023-004-000
Brief descri tion for the index:
All of Lot "I" of the Wrightsville Beach Suburban Developing
Company
The property conveyed herein is not the primary residence of Grantor.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made April _, 2019, by and between, Peggy B. Gaster,
widowed and Sara Aderhold and her husband Paul Aderhold, whose
mailing address is 1141 Dixie Farm Road, Sanford, NC 27332, herein, whether
one or more, called GRANTORS, and Matthew L. Scharf and wife Louise
K. Scharf, whose mailing address is 1004 Arboretum Drive, Wilmington, NC
28405, herein, whether one or more, called GRANTEES.
WITNESSETH THAT:
THE GRANTORS, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable considerations to them in hand paid by the
GRANTEES, the receipt whereof is hereby acknowledged, have bargained and
sold, and by these presents do hereby grant, bargain, sell and convey unto
GRANTEES and their heirs, successors, and assigns forever, all that certain
real property located in New Hanover County, North Carolina, described
in Exhibit A attached hereto and incorporated herein by reference. RECEIVED
SEP 16 2019
DCM WILMINGTON, NC
Book 6212 Page 755
TO HAVE AND TO HOLD the above granted and described property,
together with all and singular, the rights, privileges, easements, tenements
and appurtenances thereunto belonging, or in anywise appertaining unto the
said GRANTEES, their heirs, successors, and assigns, in fee simple, forever.
AND THE GRANTORS, for themselves, their heirs, successors and
assigns, do covenant to and with the said GRANTEES, their heirs, successors,
and assigns, that GRANTORS are seized in fee of the above granted and
described property, that GRANTORS have good right to sell and convey the
same in fee simple, that the same is free and clear from any and all restrictions,
easements or encumbrances, and that GRANTORS will and their heirs,
successors, and assigns will warrant and defend the title to the same against
the lawful claims and demands of any and all persons whomsoever except for
the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following
exceptions:
1. All easements, rights of way and restrictions of record.
2. All governmental land use statutes, ordinances or
regulations, including, zoning, building and subdivision
regulations.
3. Ad valorem taxes for current and subsequent years.
IN TESTIMONY WHEREOF, the said GRANTORS have
hereunto set their hands and seals as of the day and year first above written.
V 04�- (SEAL)
Peg Gaster
, a "L-- (SEAL)
Sara Aderhold
ft � 77� (SEAL)
Paul Aderhold
RECEIVED
SEP 16 2019
DCM WILMINGTON, NC
Book 6212 Page 756
STATE OF N r H CAROLINA
COUNTY OFDL
I certify that the following person(s) personally appeared before me this
day, each acknowledging to me that he or she signed the foregoing document for
the purpose stated therein and ift the caPacityxiatePeggy B. Gaster.
Date: Z0
J. Notary Pub 'c -
(�� S'1;, Print Name: Qni2 J �i'1U�N
=y ; • t1� 9y Z My commission expires: aU
coo
STATE OF NOR H C�AROLINA
COUNTY OF
I certify tha e following person(s) personally appeared before me this
day, each acknowledging to me that he or she signed the foregoing document for
the purpose stated therein and in the capacity indicated: Sara Aderhold and
Paul Aderhold.
Date: h-1 (-// LZ9 q___ —61elco
(OFFICIAL SEAL)
U �
0 �A' 11 J�```
Notaq Public
PrintName:�
My commission expires
RECEIVED
SEP 16 2019
DCM WILMINGTON, NC
Book 6212 Page 757
EXHIBIT A
Legal Description
BEING all of that certain real property located in New Hanover County, North Carolina
and lying and being in the Town of Wrightsville Beach and more particularly described as
follows:
BEING ALL OF Lot "I" of the Wrightsville Beach Suburban Developing Company property
according to the map thereof duly recorded in Book 53 Page 652, New Hanover County
Registry of Deeds, reference to which map is hereby made. Also all of that certain land
lying between the western line of Waynick Boulevard and low water mark of Banks
Channel, and between the Northern and Southern lot lines of Lot "I", if same were extended
Westwardly, being part of the same property conveyed by the State of North Carolina in
Book 318, page 137, in the aforementioned registry. Also all riparian rights adjunct to the
property and also including all right, title and interest to the pier or pilings on the said
property and extending into Banks Channel. Also conveyed herein are the alley way rights
in the adjoining alley which is 10.3 feet in width on Waynick Boulevard and runs
Eastwardly 110.84 feet.
Subject, however, to a 5 foot encroachment of the aforementioned alley on the Northern
edge of part of Lot "I" and subject to the rights held by adjoining property owners in the
said alley. Also subject to the right of way of the State Highway known as Waynick
Boulevard which is further described in the said instrument recorded in Book 318, page
137, in the New Hanover County Registry. And also subject to the rights of the State and
Federal Governments in Banks Channel.
Being that same property conveyed to Harry B. Green and wife, Margaret Ellen Green in
deed recorded in Book 567 Page 571 of the New Hanover County Register of Deeds Office.
With an address of 110 South Lumina Avenue, Wrightsville Beach, NC and a tax
identification number of R06308-023-004-000.
RECEIVED
SEP 16 7019
DCM WILMINGTON, NC
Book 6212 Page 758
TAMMY THEUSCH
BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 • Fax 910-798-7716
41.
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State of North Carolina, County of NEW HANOVER
Filed For Registration: 05/02/2019 08:55:03 AM
Book: RB 6212 Page: 754-758
5 PGS $4,026.00
Real Property $26.00
Excise Tax $4,000.00
Recorder: ANGELA ENGLISH
Document No: 2019012778
O%3NTY.
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DCM WILMINGTON, NC
SEP 2 4 2019
9/24/2019
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September 17, 2019 SEP 17 2019
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Debbie Wilson
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
pCM Wii_9AiIVGTUN,
Re: CAMA Permit 110 South Lumina Avenue
Dear Ms. Wilson,
We are submitting our comments as a collective 108 Waynick Blvd dock ownership group
concerning the CAMA permit for the proposed work at 110 South Lumina Avenue, Wrightsville
Beach. From the onset our concern has always been about maintaining safe navigation to the
boat slips at our dock facility. The current proposal is significantly improved overall and we are
very appreciative of that fact. The only slip that remains at risk for navigation with the current
proposal is the first, most eastern slip. We have spent hours analyzing, discussing and even
driving boats in and out of that slip. The existing reference piling already sits several feet west
of the opening of the first boat slip at our dock facility. Consequently, we have always
requested that any new fixed or floating structures at 110 Waynick be constructed east of that
piling. Although not obvious per the submitted aerial proposal, we have learned the proposed
floating dock is six feet beyond the existing piling. In an effort to resolve this matter but address
our ongoing concerns of maneuvering in and out of the first slip we are requesting a slight
modification. We are requesting the permitted proposed floating dock be limited to four feet
(inclusive of pilings) rather than six feet beyond the existing piling. The navigation will remain
challenging but this slight modification will allow the owners of the first slip to continue to use
the slip for their 28 foot boat, which will be the most at risk when navigating past the proposed
new floating dock — specifically with the back end of the boat swinging over and hitting the
floating dock when entering the slip. We welcome an on -site visit and boat docking experience
so it is understood how tight the navigation space will be. Obviously, our preference would be
to eliminate all navigational risks by keeping the proposed structures east of the piling, but at a
minimum we are trying to mitigate our risks.
Also, the aerial photo makes the proposed dock appear less threating and further away from
the first slip than it actually is. Due to the distortions of the aerial photo with overlaid drawings
which are somewhat confusing and misleading, we are requesting a final proposed drawing
plotted on an actual survey showing the pier, gazebo, boat lift, floating dock, and pilings so we
have an accurate depiction and understanding of the proposed project. We have a current
survey of our dock facility that can perhaps be used for that purpose.
In summary, provided the requested survey does not reveal anything unforeseen and the
floating dock is reduced by two feet, we will not object to or oppose a CAMA permit. Again, we
are most appreciative of the efforts of all parties to find an acceptable resolution.
Yours truly,
Teresa Andrews for
108 Waynick Blvd Dock Owners
Teresa and Scot Andrews
Linda and Mike Creed
Nan and Rudy Howard
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Teresa and Scot Andrews
Linda and Mike Creed
Nan and Rudy Howard
Docking facility owners at
108 Waynick Blvd
Wrightsville Beach, NC 28480
NORTH CAROLINA
Environmental Quality
September 30, 2019
Dear 108 Waynick Blvd Docking Facility Owners:
This letter is in response to your correspondence, which was received by the N.C.
Division of Coastal Management on September 17, 2019, regarding your concerns
about the proposed development by Matthew Scarf, at property located at 110 South
Lumina Avenue, in Wrightsville Beach, NC. The project consists of constructing a
private pier and covered platform, as well as a floating dock and boat lift, adjacent to the
subject property. Based on consistency with the Rule requirements outlined in 15A
NCAC 07H .1200, GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND
DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST 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 910-796-7423, if you have any questions, or if I can provide any
additional information.
Respectfully yours,
Patrick Amico
Field Representative
N.C. Division of Coastal Management
127 Cardinal Dr. Extension, Wilmington, N.C. 28405
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
CAMA THIRD PARTY
HEARING REQUEST FORM
PETITIONER'S NAME
DCM FORM 5
DCM FILE No:
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 11.3A-121.I(b) and Chapter 15013, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form.
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