HomeMy WebLinkAbout74582D - MGA4 Z7. 2-OW kC LJ
CAMA / DREDGE & FILL NO. 74582 A B C O
9�NERAL PERMIT Previous permit#
New ❑Modification ❑Complete Reissue El 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 concerns pursuant to I SA NCAC
M l C fi 1 e C IJ F yf " —T ❑ Rules attached.
Applicant Name / / G uT�L TS Project Location: County N,Pw&Pyoyex
Address 61. G X 12 2 I / Street Address/ State Road/ Lot #(s)
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Phone # (, 0) 2200. W--E_Mail Subdivision
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Permit Officer's Printed Name
Signature
Issuing Date pirati n Date
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NORTH CAROLINA
Environmental QuaHt,-
August 13, 2019
Nicoa Dunne
173 Cliffside Drive
Wilmington, NC 28409-3009
Dear Ms. Dunne:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
This letter is in response to your correspondence, which was received by the N.C. Division of
Coastal Management on 2/14/19, regarding your concerns about the proposed development by
Bufflehead Properties, LLC, at property located at 169 Cliffside Drive, adjacent to Whiskey
Creek, in Wilmington, New Hanover County, NC. The project consists of construction of a
private pier, elevated fixed covered gazebo and an elevated fixed kayak launch. 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 at the above location. 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 910-796-7266, if
you have any questions, or if I can provide any additional information.
Respectfully yours,
Debra Wilson
District Manager
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
NORTH CAROLINA
Environmental Clualir,
August 13, 2019
James W. Currier
165 Cliffside Drive
Wilmington, NC 28409
Dear Mr. Currier:
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
This letter is in response to your correspondence, which was received by the N.C. Division of
Coastal Management on 1/4/19, regarding your concerns about the proposed development by
Bufflehead Properties, LLC, at property located at 169 Cliffside Drive, adjacent to Whiskey
Creek, in Wilmington, New Hanover County, NC. The project consists of construction of a
private pier, elevated fixed covered gazebo and an elevated fixed kayak launch. 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 at the above location. 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 910-796-7266, if
you have any questions, or if I can provide any additional information.
Respectfully yours,
-
Debra Wilson
District Manager
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
To.. Brooks Surgan
Dept:.of Coastal Mgmt
Wilmington,• NC-28405
Subject.. Construction Permit 169 Cliffside Dr. Wilmington. NC 28409
1 am the dpadan landowner at 165 Cliffside Drive: I believe the proposed
............ .... ..... .... ...------•........... .
construction takes unfair -advantage of the actual channel spur and would
block historical.access. the residents at 173 Cliffside Drive. The aerial photo
-•-... ..... ..........--•--•----•.............................. .
pp
pears. to have been taken at high tide: As such l don't believe it clearly
reflects actual tidal conditions. I believe a site visit at% tide would give better
understanding concerning the location of the pier, kayak launch. and
bulkhead.
...............
• If my comments exceed the stated time response period it is because the Group
contracted to handle the permit application took unfair advantage of the Christmas
....... .... ..• .... ..........•.....
and New. Years Holidays in their submission: I can be contacted if necessary at
910-540-4313 in person or text My voice mail does not work. I have lived at 165 since
........... .........................................•-...............................-•-•-•
1974.
W ��
,names W Currier. Riparian Land Owner
......... .................
165 Clifiside Drive, Wilmington, NC 28409
RECEIVED
JAN 04 2019
0GM WiLMHNIG i ON, NC
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
PO Box 12221
Miechelle Knotts llr)&,4 e,"
LLG
Wilmington, NC 28405
Phone Number: 910-200-5942
Email Address: miechelle@mkm-holdings.com
I certify that I have authorized Land Management Group
Agent i Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: construction of dock, kayak
launch, and bulkhead adjacent to 165 & 173 Cliffside Drive and Whiskey Creek
at my property located at 169 Cliffside Drive, Wilmington
in New Hanover County.
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
M eLh? kno
Print or Type Name
Title
Date
This certification is valid through 12 131 12019
RECEIVED
JAN 0 3 2019
DCM WILMINGTON, NC
Wilson, Debra
From: Nicoa Dunne <nicoa.dunne@gmail.com>
Sent: Thursday, February 14, 2019 10:19 AM
To: Wilson, Debra; Surgan, Brooks R;jimbobjr@bellsouth.net
Subject: Fwd: Automatic reply: [External] 169 Cliffside Drive, Wilmington, NC 28409
Hi Debra,
I have received the second proposal for 169 Cliffside Drive .
My feedback remains the same and I am concerned about the fixed kayak dock intrusion into the channel since we are
highly tied restricted for in and out access and I also want to ensure the tax parcel boundary property lines are accurate
as they are not depicted accurately on the drawings.
Can you confirm our feedback was considered and share discussion or response ... ? Can we move the kayak launch to
the North side of the gazebo?
Also what was the response regarding the bulkhead feedback?
Cc'ing my neighbor Jim Currier.
Thank you,
Nicoa
Nicoa Dunne
Life By Design. I Love Mine.
You can, too...
919.809.2004
www.nicoadunne.com
Begin forwarded message:
From: "Wilson, Debra" <debra.wilson@ncdenr.gov>
Date: January 9, 2019 at 2:19:56 PM EST
To: Nicoa Dunne <nicoa.dunne@gmail.com>
Subject: Automatic reply: [External] 169 Cliffside Drive, Wilmington, NC 28409
I will be out of the office and will return at 8 AM on Friday, Jan. 11th. If you need immediate assistance please contact the
operator at (910)796-7215.
1
Warranty Deed
$750.00 Excise Tax WT.a'.
2008024449
FOR REGISTRATION REGISTER OF DEEDS
REBECCA P SMITH
NEW INOVER COUNIV NC
2008 JUN 05 01: 30 , 23 PM
BK:5320 PG 1278-1281 FEE $20.00
NC REV STW4750.00
INSWEV 1200802W9
Recording time, book and page
Parcel Identifier No. R07209-001-009-000
Prepared by: James B. Snow III
Hogue, Hill, Jones, Nash & Lynch, L.L.P.
P. O. Drawer 2178
Wilmington, NC 28402
Grantee mailing address: P.O. Box 3069, Bald Head Island, NC 28461
Returned to: Hogue, Hill, Jones, Nash & Lynch, L.L.P.
No certification or opinion on title is expressed by the preparer of this deed except as may appear from the
preparer's signed certificate or opinion. Unless indicated otherwise in a writing signed by the attorney who
drafted this instrument, by executing this deed, the Grantor (Seller) acknowledges disclosure that the
attorney who drafted this instrument, and the law firm for which that attorney is associated or is a partner,
represents the Grantee (Buyer), and does not represent Grantor (Seller), and cannot give legal advice to
Grantor (Seller) other than the advice to secure legal counsel, and will prepare the deed consistent with the
specifications in the purchase agreement, if any, but, in the absence of such specifications, will prepare a deed
that will protect the interests of the Grantee (Buyer) and, therefore, Grantor (Seller) may desire to seek legal
advice from independent legal counsel.
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS that GEORGE D. GRAVES, unmarried,
"GRANTOR;" in consideration of TEN AND N0/100 ($10.00) DOLLARS and other good and
valuable consideration, paid to GRANTOR by BUFFLEHEAD PROPERTIES, LLC, a North
Carolina limited liability company, "GRANTEE," the receipt of which is hereby acknowledged,
by these presents, does give, grant, bargain, sell and convey unto the said GRANTEE, and
GRANTEE'S heirs, successors, and assigns, forever, in fee simple, all that certain lot or parcel of
RECEIVED
JAN 0 3 2019
DCM WILMINGTON, NC
land located in the County of New Hanover, State of North Carolina, and more particularly
described as follows:
ALL of Lot 29, in Cliffside Subdivision, as the same is shown on map recorded in
Map Book 10 at Page 13 in the New Hanover County Registry, and being the same
lands described in the deed recorded in Book 1802 at Page 59 in said Registry.
This property is the very same property conveyed to GRANTOR by a deed recorded
April 19, 2002 in Book 3273 at Page 606 of the aforesaid Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors,
and assigns, forever, in fee simple; and the GRANTOR, for itself, its successors and assigns,
does covenant with the said GRANTEE and said GRANTEE's heirs, successors and assigns, that
GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the
estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein
stated, and that GRANTOR hereby will warrant and defend the title against the lawful claims of
all persons whomsoever, except for the exceptions herein stated.
Title to the property is subject to the following exceptions:
The provisions of all applicable zoning and land use ordinances, statutes and regulations;
current year ad valorem taxes; and
all applicable restrictive covenants and utility easements of record.
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.
IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officer, this the 4 day of —
L• (SEAL)
GE 0 GRAV S
RECEIVED
JAN 012019
DCM WILMINGTON, NC
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, kc- 1(0 , a Notary Public, certify that the following person(s) personally
appeared be re me this day, and
e' I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Date: le"; - Lf `Qe
��11t11
(of `c'Af a`� R EP�o
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//YER ���+\``
/1l11111
T:\DeedPackages\Graves—Buffiehead.wpd
, Notary Public
( (print name)
My commission expires:
RECEIVED
JAN 03 2019
DCM WILMINGTON, NC
n
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration
Book
Document No
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
06/05/2008 01:30:23 PM
RE 5320 Page: 1278-1281
2008024449
DEED 4 PGS $20.00
$750.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2008024449*
2008024449 RECEIVED
JAN 0-3 2019
RCM WILMINGTON, NC
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■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
c urr,er, limts N/Lkll,4 L, Mary Fix
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2. Article Number (transfer from service label)
-?nn5 1820 0002 9135 8054
PS Form 3811, April 2015 PSN 7530-02-000-9053
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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9590 9403 0119 5077 8031 83
2. Article Number (Transfer from service label)
7005 1820 0002 9135 8030
PS Form 3811, April 2015 PSN 7530-02-000-9053
A. Signature
❑ Agent
X ��. !Li �,�2 &Addressee
B. eived by ed me) C } DaQe of LZeliyery
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D. Is delivery different from item 1? El Yes
If YES, enuff,
If -;ffNo
JAN 0 3 2019
3. Service Type
❑ Priority Mail Expresso
❑ Adult Signature
❑ Registered MailTM
❑ Adult Signature Restricted Delivery
❑ Registered Mail Restricted
.Certified MailO
Delivery
❑ Certified Mail Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery
Merchandise
❑ Collect on Delivery Restricted Delivery
❑ Signature Confirmation -
El Insured Mail
❑ Signature Confirmation
❑ Insured Mail Restricted Delivery
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Restricted Delivery
Domestic Return Receipt
A. Signature
❑ Agent
X (Z Addressee
B. eceived by (Printed Name) C. of D livery
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: No
RECEIVED
JAN 03 2019
3. Service`ty 611VILMINGTON,W
Mail Express@
Mail
El Adult Signature
❑ Adult Signature Restricted Delivery
, red
❑ Registered Mail Restricted
1_Certified MailO
Delivery
(7 Certified Mail Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery
Merchandise
❑ Collect on Delivery Restricted Delivery
Signature Confirmation T""
❑ Insured Mail
❑ Signature Confirmation
❑ Insured Mail Restricted Delivery
Restricted Delivery
Domestic Return Receipt
Surgan, Brooks R
From: Nicoa Dunne <nicoa.dunne@gmail.com>
Sent: Wednesday, January 02, 2019 4:46 PM
To: Wilson, Debra; Surgan, Brooks R
Cc: jimbobjr@bellsouth.net
Subject: [External] 169 Cliffside Drive, Wilmington, NC 28409
Attachments: jim169letter.pdf
Dear Mr. Surgan,
I am the property owner at 173 Cliffside Dr, Wilmington, NC 28409 responding to the recent notification
regarding the proposed construction permit for 169 Cliffside Drive. Please ensure this feedback is received and
please take into account that the receipt of this information was AFTER the date on the letter dated 12.19.18
and with the holidays our family's ability to review it in full was hampered so I am hoping we are still able to
give feedback.
We have now reviewed the proposed dock and kayak launch as well as the bulkhead request for the lot. Our
concern is that the design with the kayak launch on the East side will interfere with our ability to use the
channel to access our dock. This area of Whiskey Creek is significantly tide restricted and access to the
channel is critical for ease of use on both sides of the oyster bed that is across from our dock area. The
proposed Kayak launch appears to pose a potential block of the West side of that oyster bed, the side of the
channel we use frequently to access our dock. The aerial photo doesn't appear to capture well what it looks
like at low tide and may not be reflective of real access to the channel. Please review closely and consider
suggesting they move the kayak launch to the other side.
Additionally, The property line seems to be infringed upon with the drawing a proposed bulkhead for that
property. We will not support an easement with this property. Please ensure the bulkhead stays on their side
of the property line with the legally required set back.
Please note I am ALSO attaching feedback from my neighbor at 165 Cliffside Drive, James W. Currier. See
attached scanned letter summarizing his comments.
If you can confirm receipt and share if we are within the time period for comment. Also, what should we
expect regarding feedback of the final design decision? In other words, what are the next steps for review?
With Gratitude,
Nicoa
Life By Design. I Love Mine.
...And You Can, Too!
www.nicoadunne.com
919.809.2004 c.
follow me on LINKEDIN
LIKE my page on FACEBOOK
_ LMG
LAND MANAGEMENT GROUP
a DAVEY) company
January 3, 2019
TO: Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 169 Cliffside Drive-Bufflehead Properties LLC
Brooks,
On behalf of Bufflehead Properties, LLC I would like to request a General Permit under Section .1200
for the construction of a pier and docking facility on its property located at 169 Cliffside Drive in New
Hanover County.
The applicant is proposing to construct a fixed pier, covered gazebo and kayak launch as depicted in
the attached permit drawings. No boat slips are proposed.
Adjacent riparian land owner notifications have been sent by certified mail and return receipts are
enclosed. Also enclosed is the $200 permit fee check and additional supporting materials.
Please let me know if you have questions or need anything in addition to process this General Permit
request.
Sincerely,
Greg Finch
Land Management Group, Inc.
Enclosures: As stated
Cc: Miechelle Knotts
RECEIVED
JAN 03 2019
DCM WILMINGTON, NC
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
LMG
LAND MANAGEMENT GROUP
a D IEY#— company
December 19, 2018
Dunne, Nicoa C
173 Cliffside Drive
Wilmington, NC 28409-3009
To Whom It May Concern:
Bufflehead Properties, LLC is applying for a CAMA General permit for development
on their property located at 169 Cliffside Drive, New Hanover County, North
Carolina. The specifics of the proposed work are in the enclosed updated 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 within 10
days of your receipt of this notice to:
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management 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 have any questions on
this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroup.net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
RECEIVED
www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 JAN 0'3 2019
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
DCM WILMINGTON, NC
LMG
LAND MANAGEMENT GROUP
a DAIEY#, company
December 19, 2018
James Ward Currier, Jr. and Mary Fox Currier
165 Cliffside Drive
Wilmington, NC 28405
To Whom It May Concern:
Bufflehead Properties, LLC is applying for a CAMA General permit for development
on their property located at 169 Cliffside Drive, New Hanover County, North
Carolina. The specifics of the proposed work are in the enclosed updated 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 within 10
days of your receipt of this notice to:
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management 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 have any questions on
this project, please call me at 910-452-0001, or e-mail me at gfinch@lmgroup.net
Sincerely,
�l �U
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
RECEIVED
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 )AN 0 3 Z019
DCM WILMINGTON, NC
LMG
LAND NIANAGEIMENT GROUP
a DALEY#. company
January 25, 2019
TO: Debra Wilson
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405 RECEIVED
RE: 169 Cliffside Drive-Bufflehead Properties LLC
JAN 2 5 2019
Debbie,
NCDEQ
WILMINGTON RO
Please find enclosed updated drawings for the referenced property and requested General Permit to
construct a fixed pier, covered gazebo and kayak launch.
The proposed structures have been adjusted based on our site meeting on 1/24/19 and comments
from the southern adjacent property owner. Specifically, the access pier has been shifted slightly
north and the kayak launch has been moved out to the % water body width (wider portion of the side
channel) to ensure no interference in the side channel navigation while also avoiding oyster beds to
the maximum extent possible.
Please let me know if you have questions or need anything in addition to process this General Permit
request.
Sincerely,
M
Greg Finch
Land Management Group, Inc.
Enclosures: As stated
Cc: Miechelle Knotts
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Date Recehed
Date De osited Check From (Nam.)
Name of Permit Holder
Vendor
Check Number
Chock
amount
Permit Numb.r/Comm.nts
Recel t or Refund(Realloceted
Co/umnl
Column2
Column)-4
Co/umna
Co/umn5
Column6
Column7
ColumnB
ColumnB
In
1 7