69119D - Spicuzza

(CA�,VIA DREDGE & FILL'
�'ENERAL PERMIT Previous permit #
ew - Modification L]Complete Reissue --Partial Reissue Date previous permit issued
rized by the State of North Carolina, Department of Environment and Natural Resources Lt
.oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
4, D Rules attached.
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4/20/17
General Permit No. 69119D Additional Conditions:
1) 7H.1200 and all local, state, and federal regulations apply, including any local pier
ordinances.
2) An as -built survey shall be performed on the docking facility, and copies of the survey
provided to the Division of Coastal Management within 60 days of completion of
construction of the project.
3) DCM is aware of the 1995 riparian corridor agreement between Spicuzza and Brooks
which appears to waive the CRC's 15' riparian setback rule as to these parties' common
riparian line. However, DCM lacks jurisdiction to resolve property rights disputes, and so
if a court of competent jurisdiction determines that a party other than the permittee
has legal title or use rights to any part of the area approved for development under this
permit, this permit shall be null and void as to the area the court determines is not
owned by or controlled by the permittee. This condition shall take effect on the date
such court judgment becomes final. In such event, the permittee shall consult DCM prior
to initiating or continuing any further development under this permit.

1\cGclV cu I i/cPVJltc;u I k1.4111c) I KIUIUVi- I I num Der I dmuunt I l.Omments
First
Jim or Christine National
4/21/2017 Spicuzza same Bank 11381 $200.00 GP 69119D

r, Y 9
KCAMA / D DREDGE & FILL N9 '9119 A B
'ENERAL PERMIT 1\Previous permit #
Klew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
sized by the State of North Carolina, Department of Environment and Natural Resources �77 ��}} ��/ �'�,
�oastal Resources Commission in an area of environmental concern pursuant to I SA NCAC_�T1 I • �J a
it Name ��(,t 1� 11{ lit �� Sl l �1,Q �2'jllla j ❑Rules attached.
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4/20/17
General Permit No. 69119D Additional Conditions:
1) 7H.1200 and all local, state, and federal regulations apply, including any local pier
ordinances.
2) An as -built survey shall be performed on the docking facility, and copies of the survey
provided to the Division of Coastal Management within 60 days of completion of
construction of the project.
3) DCM is aware of the 1995 riparian corridor agreement between Spicuzza and Brooks
which appears to waive the CRC's 15' riparian setback rule as to these parties' common
riparian line. However, DCM lacks jurisdiction to resolve property rights disputes, and so
if a court of competent jurisdiction determines that a party other than the permittee
has legal title or use rights to any part of the area approved for development under this
permit, this permit shall be null and void as to the area the court determines is not
owned by or controlled by the permittee. This condition shall take effect on the date
such court judgment becomes final. In such event, the permittee shall consult DCM prior
to initiating or continuing any further development under this permit.

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
F---6 SViGi..UZZA,
w
Address of Property: -PARME LL B (Vi Syr Ile- Be-004, tIG
(Lot or Street #, Street or Road, City & County)
Agent's Name #: &yJ K tR5IA.BOV F
Mailing Address:
2o2D5clz1M S4A vJ ez4v
Agent's phone #: 910 44 . i- 2U W L C+vi j tJq--�z rA, NC 8!105
Agent's email: .J_�iGtzz cA � Ak1 o0� Com
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail.
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.
-------- 7,V I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
q,n IE S 'S F f t. ixZ ZA
Print or Type Name
(Adjacent Property Owner Information)
Signature
BR( Aa & CAUzoL 5MR-Z�
Print or Type Name
�2� �cR(MfA+ti FC-AC£
1-15 LARa4mory'T 5tgEF-1-

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: :Am2S t IcLk7 aZCtiizGS,bMe— ICU27-
Address of Property: l r AK►vIt=1--- nl VP . VV6(ytt r,-:;oyI IIC. LR--FlC-H VL-
(Lot or Street #, Street or Road, City & County)
Agent's Name #: O W NE(2SE:Pyi; M'a-iliing 5 Address: -d-C6,10 SCa211MPA 6<-)1
Agent's phone #: 9 to 4 4� 4Z83 W L m I !� Q'fan , 1 L C M*
Agent's email: �Yi rm6g i 4Qu2ZA ©Ab00 • C9la.-(
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on attached drawing the development
they are proposing. A description or drawin wit me s must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail.
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.)
wish to waive the 15'setback requirement.
,,5do
do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature I
a ��s � ► c u�22A
Print or Type Name
o� v�o �CRI MS i-f A LJ i�LPr C.�
(Ad' cent Prop wner Inform . )
Signature
vJ A"eS Bp—cx�,ics
Print or Type Name
r\-/ e7 unl S2� D121 VL

Postal_
I
CERTIFIED o. ECEIPT
Domestic Mail Only
CO
Certified Mail Fee
1 Management
NMENTAL QUALITY
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Extra Services R Fees (check twx add lee as appropriate)
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April 21, 2017 O
Total Postage and Fees
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Sent To
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James Brooks
O
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------------------------
$fieetandAptfo.,or—FUNoxNo.
J,
409 Sunset Drive
wn 5 - ----------=
City Stafd,71 4i---- -
Greensboro, NC 27408
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runs
Dear Mr. Brooks:
This letter is in response to your correspondence received by the N.C. Division of Coastal
Management on April 7, 2017, regarding your concerns about the proposed development by Mr.
James Spicuzza and Mrs. Christine Spicuzza at 1 Parmele Boulevard, adjacent to Banks
Channel, in Wrightsville Beach, New Hanover County, North Carolina. The project consists of
constructing a new private docking facility.
Based on a site visit by staff with our office, review of the drawings provided by the
applicant, and review of the Brooks 1995 riparian corridor agreement, the construction of the new
private docking facility has been determined to comply with the current Rules of the Coastal
Resources Commission (07H. 1 200)-General Permit for construction of piers, docks, and boat
houses in the Estuarine Shoreline AEC, and as such, 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 of the Division of Coastal Management, in writing and must
be received within twenty (20) days of the disputed permit decision. I have enclosed the
applicable forms and instructions that must be filed prior to that deadline. Please contact me at
910-796-7215, if you have any questions, or if I can provide any additional information.
Respectfully yours,
Y� f
Debra D. Wilson
Wilmington District Manager

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JAMGV* �KS
�}oq 5)ujjco DQt\/e-
(aQeelns Bo ro rJ G 2q 41P9
III'IIIII IIII I�IIIIIIIIIIII II I III II III IIII I III
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Brian and Carol Smrz
725 Larchmont Street
Simi Valley, CA 93065-7007
Dear Mr. & Mrs. Smrz:
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Postmark
Here
This letter is in response to your correspondence received by the N.C. Division of Coastal
Management on April 11, 2017, regarding your concerns about the proposed development by Mr.
James Spicuzza and Mrs. Christine Spicuzza at 1 Parmele Boulevard, adjacent to Banks
Channel, in Wrightsville Beach, New Hanover County, North Carolina. The project consists of
constructing a new private docking facility.
Based on a site visit by staff with our office, review of the drawings provided by the
applicant, and review of the Brooks 1995 riparian corridor agreement, the construction of the new
private docking facility has been determined to comply with the current Rules of the Coastal
Resources Commission (07H. 1 200)-General Permit for construction of piers, docks, and boat
houses in the Estuarine Shoreline AEC, and as such, 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 of the Division of Coastal Management, in writing and must
be received within twenty (20) days of the disputed permit decision. I have enclosed the
applicable forms and instructions that must be filed prior to that deadline. Please contact me at
910-796-7215, if you have any questions, or if I can provide any additional information.
Respectfully yours,
Debra D. Wilson
Wilmington District Manager

Service"
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T 3 -d' 64�, V
„% WARDAND SMITH, PA. RYAL W. TAYLOE, Attorney at Law
L27 Racine Drive
Jniversity Corporate Center (28403)
'ost Office Box 7068
Nilmington, NC 28406-7068
April 6, 2017
Mr. James Spicuzza
2020 Scrimshaw Place
Wilmington, NC 28405
RE: Pier Proposal for Lot 1, Parmele Isles
Wrightsville Beach
Our File 161021-00001
Dear Mr. Spicuzza:
P: 910.794.4828
F: 910.794.4877
[e-mail]
COPY
Our firm represents James T. Brooks, Jr. and HEB Properties, LLC, the owners of Lot 2, Parmele
Isles. Your letter of March 31, 2017 to James T. Brooks, Jr. with attachments was referred to me
by my clients for response. I have attached a copy of your letter and the attachments.
My clients object to your proposed pier and are not willing to waive the fifteen foot setback
requirement.
Your proposal violates the required 15-foot setback from my clients' riparian corridor. In fact your
proposed pier is not even fifteen feet away from my clients' pier, much less their riparian corridor.
In your letter, you contend that the 1995 Agreement made between the previous owners of Lots 1,
2, & 4 of Parmele Isles granted your Lot 1 a waiver of the required setback from my clients'
riparian corridor. On the contrary, while the Agreement establishes the riparian corridor for each
lot and provides the consent of the property owners to allow the owners of Lot 4 and Lot 2 to
construct very specifically defined piers within their riparian corridors, it says nothing about a pier
for Lot 1 or a waiver of setbacks. In fact, it is clear from the Agreement that your predecessor in
title, the Hines, were not contemplating building a pier.
The reason that the Hines had no plans for a pier is very clear. As you mention in your letter, your
riparian corridor is "very slender." Your proposal contemplates a pier that could be a mere six feet
from my clients' pier. (See Paragraph 3 at Book 2330, Page 955 of the 1995 Agreement that
allowed my clients' pier to be built within six feet of your riparian corridor — "Kester agrees that no
part of his pier, ramp, or dock will be located ... closer than six feet (6) to the line establishing the
riparian boundary between Kester's and Hines' riparian corridors.") Your proposed pier abuts the
mil_

WARDAND SMITH, P.A.
Mr. James Spicuzza
April 6, 2017
Page 2
For your convenience, I am enclosing a full copy of the 1995 Agreement (Book 2330, Page 953),
the Agreement to Establish Riparian Corridors (Book 2330, Page 961), and the recorded plat
referenced in the Agreement to Establish Riparian Corridors (Map Book 37, Page 361). A careful
reading of these documents makes it clear that the Kesters, my clients' predecessors in title, did not
waive any setback requirements. Certainly, riparian corridors were established, but the Agreement
does not even contemplate a pier for Lot 1, much less a waiver of setbacks for a pier.
My clients regret having to object to your proposed pier, but they feel they have no choice but to
do so.
Yours very truly,
Ryal W. Tayloe
ND: 4821-1116-0646, v. 1
Enclosures
cc: Division of Coastal Management (w/encs.)
Mr. James T. Brooks, Jr. (via email)

March 31, 2017
Dear James Brooks,
Please find an adjacent Property Owner Notification form enclosed with
our pier and dock proposal. We are required to send this notice to you.
Our property shares a deeded Agreement between original property
owners of Lots 1, 2 & 4 that was recorded in 1995. It was created to allow
each lot to have an established riparian corridor. The drawing attached,
along with the deeded Agreement meets every requirement and does not
require you to waive any additional setback.
We unfortunately have a very slender corridor for which to build a pier on
our property, however the drawing offers respect for our neighbors and as
you can see, does not extend beyond the landward side of your floating
pier. Therefore it will not obstruct any nature of your current pier & dock
use.
Additionally, CAMA will allow us to dredge with a general permit. However
as narrow as my own riparian corridor is, it would not make sense to do it
myself, as it would most likely just fill back in. If you'd like to discuss doing
so as a consortium of neighbors, I would be glad to get estimates and spear
head the permit effort. Please let me know your thoughts on this if you'd
be interested.
If you would like to discuss this drawing or the paperwork contained herein,
you are more than welcome to call me anytime. I would appreciate your
completing the form and mailing the it back to either myself and/or CAMA
at your next convenience.
Kind Regards,

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: Ames C i Gt�Z.Z� Z c � IeGSt.l N
Address of Property: i r-AKAjr-LL tD1 Vr,> . VVl<►(atf 1.7Vi ►►C..!)CP H , lVL-
(Lot or Street #, Street or Road, City & County)
Agent's Name* © W N�25�� y1: Mailing Address:
Agent's phone #: 9 t 0 443 42= 83 i i m ► t� a-t-g�r , t\1 e, A&40
Agent's email: J i ►-Y7 6a7-ZAa)YGJ-)cp
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on attached drawing the development
they are proposing. A description or drawing wit m s must be provided with this letter.
I have no objections to this proposal. N' I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail.
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.)
,1,,I'do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
� = J�Rt MSI}AL�J T l t)c
Mailing Address
(Ad' cent Propgwner Inform . n)
Signature
A ivtE S c2�k S
Print or Type Name
� g 5utjse�
Mailing Address

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LOT 2
PARMELE ISLES
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JAM'ES T. BROOKS JR. E
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TAX PARCEL; R05813-006--002-1
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Ijr� 0
q-
�. BOOK PAGE
2330 0953 099nRn
STATE OF NORTH CAROLINA 20 2n 22 20
AGREEMENT REO&ADED & VERIFIED
COUNTY OF NEW HANOVER MARY SUE OOTS
PC31S7FR OF DEEDS
NCu Ik07ER 00. 110
THIS AGREEMENT, made this 31st day of May ,
1995, between John S. Armstrong and wife, Kathleen M. Armstrong,
whose address is PO Box 1221, Wrightsville Beach, North Carolina
28480 (herein "Armstrong"), Paul M. Kester and wife, Jane S.
Kester, whose address is 705 Kempton Drive, Greenville, North
Carolina 27834 (herein "Kester") and Lydia T. Hines and husband, J.
B. Hines, whose address is PO Box 874, Wrightsville Beach, North
Carolina 28480 (herein "Hines").
W I T N E S S E T H:
000134 Armstrong is the owner of Lot 4, Parmele Isles, Section
A, Wrightsville Beach, North Carolina. Kester is the owner of Lot
2, Parmele Isles, Wrightsville Beach, North Carolina. Hines is the
owner of Lot 1, Parmele Isles, Wrightsville Beach, North Carolina.
Various questions have arisen or may arise among the parties
concerning their respective riparian rights to the lagoon adjacent
to the Parmele Isles subdivision and their rights to construct and
r
maintain piers, ramps, and docks within their respective riparian
corridors. The parties desire to enter into this agreement for the
purpose of resolving those riparian rights and defining conditions
under which each party may construct and maintain piers, ramps and
docks and conduct associated dredging within their respective
riparian corridors.
RMUItP7ED TO

BOOK PACE
2330 0954
NOW, THEREFORE, in consideration of the mutual agreements
herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Allocation of Riparian Rights. Armstrong, Kester
and Hines agree that their riparian rights to the lagoon adjacent
to the Parmele Isles subdivision shall be defined by the riparian
corridor lines set forth on the survey attached as Exhibit A and
incorporated herein by reference. The parties agree to execute the
agreement to establish riparian corridors, attached as Exhibit B,
and to record that agreement in the New Hanover County Registry
upon satisfaction of the other elements of this agreement set forth
below.
2. Armstrong Pier, Ramp and Dock. Kester and Hines
agree that Armstrong may construct a pier, ramp, and dock within
Armstrong's riparian corridor identified in Exhibit A. Armstrong
agrees that no part of his pier, ramp, and dock will be located
closer than ten feet (101) to the line establishing the riparian
boundary between Armstrong's and Kester's riparian corridors.
Armstrong further agrees that no part of the pier, ramp, or dock
will extend closer than 31.46 feet to the southeast corner of
Armstrong's Lot 4. Armstrong agrees that no more than the last 24
feet of the construction will be a floating dock attached to the
pier by a ramp. No part of Armstrong's pier, ramp, or dock will
extend more than 7.25 feet above mean high tide nor may the pier,
ramp, or dock extend beyond the current pierhead line as reflected
2

BOOK PAGE
2330 0955
in Exhibit A. Kester and Hines agree that they will not oppose
Armstrong's application to the North Carolina Division of Coastal
Management or other appropriate governmental agency for
construction of a pier, ramp, and dock meeting the above
requirements.
3. Kester Pier. Armstrong and Hines agree that Kester
may construct a pier, ramp, or dock within Kester's riparian
corridor identified in Exhibit A. Kester agrees that no part of
his pier, ramp, or dock will be located closer than ten feet (101)
to the line establishing the riparian boundary between Armstrong's
and Kester's riparian corridors and no closer than six feet (61) to
the line establishing the riparian boundry between Kester's and
Hines' riparian corridors. Kester further agrees that no part of
the pier, ramp, or dock will extend closer than 23.16 feet to the
southeast corner of Armstrong's Lot 4. Kester agrees that no less
than the last 16 feet nor more than the last 24 feet of Kester's
construction will be a floating dock attached to the pier by a
ramp. No part of Kester's pier, ramp, or dock will extend more
than 7.25 feet above mean high tide nor may the pier, ramp, or dock
extend beyond the current pierhead line identified in Exhibit A.
Armstrong and Hines agree that they will not oppose Kester's
application to the North Carolina Division of Coastal Management or
other appropriate governmental agency for construction.of a pier,
ramp, and dock meeting the above requirements.
4. Dredging. Armstrong and Kester agree to be
responsible for dredging, within their riparian corridors, up to
3

2330 0956
the "proposed dredge line" as reflected in Exhibit A so that the
bottom of each floating dock will be in 2.5 feet of water at
extreme low tide. Armstrong and Kester agree to submit dredging
applications with the appropriate governmental agencies to obtain
approval for the above dredging.
5. Removal of Existing Pilings and Buoys. Rester
agrees to remove from Armstrong's riparian corridor the existing
buoy identified in Exhibit A.
Rester and Hines further agree to relocate the existing
piling located in Rester's riparian corridor as identified in
Exhibit A to a point properly within Hines' riparian corridor.
6. Bulkhead. Kester agrees to build and maintain a
bulkhead along the western boundary line of his Lot 2 in the
location identified in Exhibit A so as to preclude any erosion
beyond the western survey line of Lot 2. This bulkhead may not be
higher than 4.3 feet above mean high tide.
7. Condition. This agreement and the associated
agreement establishing riparian corridors are expressly conditioned
on (1) acceptance of the proposed division of riparian corridors by
the North Carolina Division of Coastal Management and other
applicable governmental agencies and (2) issuance of the necessary
pier, ramp, and dock permits and dredging permits to Armstrong and
Rester authorizing the construction and dredging as set forth in
paragraphs (2) through (4) of this agreement and Exhibit A. In the
event either of the two conditions set out in this paragraph are
not met, now or in the future, this agreement and the associated
4

BOOK PAGE
?330 a957
riparian boundary line agreement shall be null and void, unless the
parties, in writing, agree to waive the condition.
8. Enforcement. The parties agree that in the event
any party violates the terms of this agreement, any other party may
enforce the terms of the agreement through a preliminary and
permanent injunction and/or specific performance.
9. Applicable Law. This agreement shall be construed
in accordance with the laws of the State of North Carolina.
10. Assignment. The parties agree that none of them may
assign or convey any ownership interest in the piers constructed to
anyone other than the successor owners of Lots 1, 2, and 9 except
by consent of the other parties or their successors, in writing.
11. Modification. A modification or waiver of the
provisions of this agreement shall be effective only if made in
writing and executed with the same formality as this agreement by
all the parties hereto. A party's failure to enforce any of the
terms of this agreement shall not constitute a waiver of that term
or any other term of the agreement.
12. Entire Agreement. This agreement contains the
entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other than
those expressly set forth herein.
13. Benefit. This agreement shall be binding upon and
inure to the benefit of the parties, their successors and assigns.
In the event any of the properties affected by this agreement are
sold, the purchaser shall remain bound by the terms of this
5

BOOK PACE
2330 0958
agreement.
IN WITNESS WHEREOF, the parties have executed this
agreement as of the day and year first above written.
n 1. (SEAL)
J ' to S . Kester
(SEAL)
Lydia T. Hines
% q�ws (SEAL)
J. B. Hines
6

BOOK PACE
STATE OF NORTH CAROLINA 2 3 3 0 0 9 5 9
COUNTY OF
I �— -� • /�.t opt , a Notary Public in
and for the State and County aforesaid, do certify that John S.
Armstrong and wife, Kathleen M. Armstrong, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
WITNESS my hand and official seal thisaytr�g�•
1995. `r '_:
i'3}
Notary Public
My Commission Expires: �Y
OYTA?in
STATE OF NORTH CAROLINA
COUNTY OF 2ri;,• &
a Notary Public in
and for the State and County aforesaid, do certify that Paul M.
Kester and wife, Jane S. Kester, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this —W day of
61,
. •r I7
t y ublic ��
My Commission Expires: PiIlUP1.WHM
NOTARY PUBLIC
-.Z.e --Ag /999 NEW MOVER CO. NC
MYCOMMISSION EXPIRES
7

BOOK PAGE
STATE OF NORTH CAROLINA 2 3 3 D 0 9 S 0
COUNTY OF A'.t.'J_
vA#I , a Notary Public in
Of
and for the State and county aforesaid, do certify that Lydia T.
Hines and husband, J. B. Hines, personally appeared before me this
day and acknowledged the due execution of the. foregoing instrument.
WITNESS my hand and official seal this day of
_1j , 1995.
— � 3
,IDW ary Pu`bli
Ny Commission Expires: PHIiIPJ.IY;IiTTY
110THRyPoutil;
�P /999 IIEI! intioli;R CO. NC
h)yC0A1.;ISS10YEXPIRESa2o, /49j
M/tre/oee.704
STATE OF NORTH CAROLINA
New Hanover County
Foregoing/ AnrtexW Certificxc(s) of
H/LIA T (c.)l4f-rY
Notuy (Nouries) Public is/ at cerNlied
to be corrza
This v dey of /►1,4r2F 19-2Y
DI Sur Oou , Regu r of Deeds
97
by
Deputy(�ieieet
8

_�-V. 2330 0961
STATE OF NORTH CAROLINA
AGREEMENT TO ESTABLISH
COUNTY OF NEW HANOVER RIPARIAN CORRIDORS
THIS AGREEMENT TO ESTABLISH RIPARIAN CORRIDORS, made this
31st day of May , 1995, by and between John S. Armstrong
and wife, Kathleen M. Armstrong, whose address is PO Box 1221,
Wrightsville Beach, North Carolina 28480 (herein "Armstrong"), Paul
M. Y.ester and wife, Jane S. Kester, whose address is 705 Kempton
Drive, Greenville, North Carolina 27834 (herein "Kester") and Lydia
T. Hines and husband, J. B. Hines, whose address is PO Box 874,
Wrightsville Beach, North Carolina 28480 (herein "Hines").
W I T N E S S E T H:
000135 WHEREAS, Armstrong is the owner of Lot 4, Parmele Isles,
Section A, Wrightsville Beach, North Carolina, which property is
more fully described in a deed recorded in Book 1189, Page 1421 of
the New Hanover County Registry;
WHEREAS, Kester is the owner of Lot 2, Parmele Isles,
Wrightsville Beach, North Carolina, which property is more fully
described in Book 1796, Page 192 of the New Hanover County
Registry;
WHEREAS, Hines is the owner of Lot 1, Parmele Isles,
Section A, Wrightsville Beach, North Carolina, which property is
more fully described in Book 905, Page 571 of the New Hanover
County Registry.
WHEREAS, these properties adjoin one another and are also
adjacent to a lagoon; and
RETURNED TO
EXHISI T H

BOOK PACE
2330 0962
WHEREAS, some question has arisen as to the parties'
riparian rights and the parties hereto have reached an agreement
concerning exercise of their riparian rights and demarcation of
riparian corridors by reference to a piling placed at the direction
of the North Carolina Division of Coastal Management, hereinafter
described.
NOW, THEREFORE, in consideration of the premises and
other good and valuable consideration, the parties agree that the
riparian corridors for Armstrong, Kester, and Hines shall be as
follows:
Armstrong Riparian Corridor
Beginning at a point at the southeastern corner of Lot 4,
Section A, Parmele Isles as shown on a map of Parmele Isles,
Section A, Wrightsville Beach, North Carolina recorded in Map Book
5, Page 127 of the New Hanover County Registry; running thence from
said beginning point South 34 degrees 49 minutes 27 seconds West
98.13 feet to a point on the Wrightsville Beach pierhead line;
thence South 43 degrees 05 minutes 09 seconds West 159.31 feet to
a piling with red stripes in the "lagoon" as shown on said recorded
map; thence North 28 degrees 46 minutes 23 seconds East 213.36 feet
crossing said pierhead line, to a point at the southwestern corner
of said Lot 4 as shown on said map; thence North 80 degrees 57
minutes 53 seconds east 62.94 feet along the southerly line of said
Lot 4 as shown on said map of Parmele Isles to the point of
beginning.
The above riparian corridor is shown on a survey prepared
2

BOOK rRv�
2330 09fi3
by Sherwin D. Cribb, registered land surveyor, which is recorded at
Map Book, Page of the New Hanover County Registry.
Koster Riparian Corridor
Beginning at a point at the southernmost. corner of Lot 2,
Parmele Isles as shown on a map of Parmele Isles, Section A,
Wrightsville Beach, North Carolina recorded in Map Book 15, at Page
127 of the New Hanover County Registry, said point being the
northwestern corner of Lot 1 as shown on said map; running thence
from said beginning point South 48 degrees 54 minutes 55 seconds
West 230.74 feet crossing the Wrightsville Beach pierhead line, to
a piling with red stripes in the "lagoon" as shown on said recorded
map; thence North 43 degrees 05 minutes 09 seconds East 159.31 feet
to a point on said pierhead line; thence North 34 degrees 49
minutes 27 seconds East 98.13 feet to a point at the southeastern
corner of Lot 4 as shown on said map of Parmele Isles; thence South
it degrees 19 minutes East 46.31 feet along the westerly line of
said Lot 2 as shown on said map to the point of beginning.
The above riparian corridor is shown on a survey prepared
by Sherwin D. Cribb, registered land surveyor, which is recorded at
Map Book 3, Page -3lQr of the New Hanover County Registry.
Hines Riparian Corridor
Beginning at a point at the southernmost corner of Lot 2,
Parmele Isles, as shown on a map of Parmele Isles, Section A,
Wrightsville Beach, North Carolina, recorded in Map Book 5 at Page
127 of the New Hanover County Registry, said point being the
northwestern corner of Lot 1 as shown on said map; running thence
3

BOOK PACE
2330 0964
from said beginning point South 11 degrees 19 minutes East 20.82
feet with the westerly line of said Lot 1 to a point at the
southwesterly corner of said Lot l; thence South 53 degrees 33
minutes 20 seconds West 221.23 feet crossing the Wrightsville Beach
pierhead line, to a piling marked with red stripes in the "lagoon"
as shown on said recorded map; thence North 48 degrees 54 minutes
55 seconds East 230.74 feet crossing said pierhead line to the
point of beginning.
The above riparian corridor is shown on a survey prepared
by Sherwin D. Cribb, registered land surveyor, which is recorded at
Map Book -:� 7, Page ---� 6( of the new Hanover County Registry.
Kester and Hines hereby release and quitclaim unto
Armstrong all riparian rights, claim or interest in and to the
Armstrong riparian corridor set forth above.
Armstrong and Hines hereby release and quitclaim unto
Kester all riparian rights, claim or interest in and to the Kester
riparian corridor set forth above.
Armstrong and Kester hereby release and quitclaim unto
Hines all riparian rights, claim or interest in and to the Hines
riparian corridor set forth above.
The terms and conditions of this agreement and the
conveyances herein shall be binding upon all parties having any
right, title or interest in any of the properties described herein
or any part thereof, their heirs, successors, and assigns, and the
terms, conditions, conveyances and obligations set forth herein
shall inure to the benefit of each owner hereof.
4

• DVVA Inver
2330 0955
This agreement and the conveyances herein are subject to
the agreement between the parties dated mgg 31� fur,
IN TESTIMONY WHEREOF, the parties have hereunto set their
hands and seals as of the day and year first above written.
(SEAL)
J n Armst g
i
(SEAL)
Kathleen rmstrong
ay �L� (SEAL)
Paul M.'Kester
'`' (SEAL)
J&he S.1 Kester
(SEAL)
/L�y(\d�[ia� T. Hines
(SEAL)
J. B. Hines
5

e I BOOK PAGE
STATE OF NORTH CAROLINA 3 3 0 O 6
COUNTY OF
a Notary Public in
and for the State and County aforesaid, do certify that John S.
Armstrong and wife, Kathleen M. Armstrong, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
WITNESS my hand and official seal this .31 d y Qf
1.995.
— Notary Public..`
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF �, ..
a Notary Public in
and for the State and County aforesaid, do certify that Paul M.
Kester and wife, Jane S. Kester, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this _ .X?— day of
1995.
My Commission Expires:
11
IV PNOUAry Publ
PHILIPI-WH4
tI01ARY PUBLIC
NEW HANOVER CO. RC
MY CO MISSION EXPIRES � ? 9W

,
BOOK PACE
STATE OF NORTH CAROLINA 2 3 3 0 D 9 6 7
COUNTY OF
I, r /I U , a Notary Public in
and for the State and County aforesaid, do certify that Lydia T.
Hines and husband, J. B. Hines, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this _ -2,q day of
1995.
My Commission Expires:
/19
1Wbv/0...717
PHILIP1 WHITTY
NOTARY PUBLIC
NEW HANOVER CO. RC
MY COMMISSION EXPIRES
'98 MRR 20 PM 12 21
RErORngn & VERIFIED
MARY SUS OOTS
Pfi,-'SFER OF DtEOS
II' ;7 F.QVOYER C^. NC
7
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Anncxcd Ccrlificalc(s) of
Noucy (Nouvics) Kblic is/ we ceni(cJ
In he corrccly d
This the _,_ day of mjq&41/ f ' 19Sv
Q Sue Oots , Reg' er of Dccds
by
Deputy

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Prof": Robert Calder Jr
Sent: Monday, December 14, 2015 9:34 AM
To: Bobby Brandon
Subject: Lot 1 Parmele Pier and Dock construction
Attachments: Harper Lot 1 Att.pdf
Bobby:
Harper Riparian Corridor Analysis
The "Agreement to Establish" (AE) Is a binding agreement between the then owners of Lots 1, 2 and 4, and their successors In title, heir
establishes the riparian corridors (RC) for all three lots, and acts as quit claim deeds to each of the others rights in the areas agreed upc
I have confirmed the legal description accurately describes the corridor drawn on the survey attached (that Bobby gave me when we m
the same as that plat recorded in Map Book 37 Page 361, copy also attached. The plat appears to have been recorded In March of 1998
The plat recorded in Map Book 37 Page 361 appears to set setback line In the RC of lots 2 and 4, but not for lot 1.
The AE was recorded March 1998 in Book 2330 Page 961 In the New Hanover County Registry, so is In the chain of title to all three lots,
the establishment of the corridors.
As between the parties, and their successors In title, heirs and assigns, the AE clearly allocates the corrldors shown on the plat to Lots 1,
The "Agreement" between the same parties was done at the same time as the AE, and was recorded March 1998 in Book 2330 Page 95;
County Registry. it refers to the AE and a survey, states they are attached as Exhibits A and B, but has no Exhibits attached. However, all
recorded at the same time, and are clearly meant to be read together.
This agreement imposes requirements of the owners of Lots 2 and 4 regarding where they can build piers and docks, what their dredgin
more. if g4Q6 'iefitent is to the owner.of Lot 1 is that they atld tho owner of lot 2 move a piling from Lot 2's RC Into Lot 1's RC.
This agreement Imposes no limitation on lot 1 as to construction in Its RC.
I hope this addresses your concerns, but If you or Std.Ve have any questions, just let me know.

ears, Courtne
,m: Jim Spicuzza <[e-mail]>
it: Monday, April 10, 2017 11:23 AM
Spears, Courtney; Wilson, Debra
)ject: 1 Parmele riparian corridor Agreement
achments: 2 legal opinions04102017_0000.pc1f; copy of proposed pier drawing mailed to
neig hbors04102017_0000.pdf
od morning Courtney and Debra,
have received both certified mail receipts back from my two neighbor!
is of no surprise that they would prefer to leave everything the
me...
received a letter from Mr. Brooks' attorney which was mailed to both
d I. I'm assuming you have already received it or will by later today
wrote to voice his clients concerns which is completely understandak
wever, I'd like to include my email below as a reasonable rebuttal t(
. Brooks' arguments and to re -address the facts previously establish(
out our binding riparian corridor Agreement.
e 1995 recorded Riparian Corridor Agreement has No exclusions or
strictions associated for Lot 1 other than as follows: Page 4, Paragi
states that "Kester & Hines further agree to relocate the existing
1 ing located in Kester's riparian corridor as identified in Exhibit .
point properly within Hines' riparian corridor". This establishes thi
nes already had pier improvements agreed upon within their own ripar-
rridor.
is clear that Hines contemplated moving pilings within the RC
reement, but more importantly they preserved and recorded their ripai
rridor with all their rights by entering into a very precise recorder
reement which included surveys. They also cooperatively allowed Kest(
ow Brooks/lot 2) to build a pier that would not interfere with Hines'
parian corridor and piling. In fact, while Kester and Armstrong had �
ecific restrictions placed upon their pier improvements, it should b(
ted that Hines had no restrictions or exclusions placed upon their
parian corridor at all. This was probably because they were the
incipal party for allowing Lots 2 and 4 to be able to build their owr
ers in the cul-de-sac shaped lots, and thus would not accept
strictions on their own property. The Hines' property (Lot 1) was al!
side an unbuildable lot at that particular time, which is now known
e Smrz Trust property, which is not a party to the riparian Agreement
ooks attorney claims "it's clear from the Aareement that the Hines' i

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RAY C. BLACKBURN, JR.
Attorney at Law
Po Box 895
Hampstead, NC 28443
[phone] Fax [phone]
December 21, 2016
Mr. James A. Spicuzza
2020 Scrimshaw Place
Wilmington, N.C.
28405
Re: Spicuzza pier/dock plans Lot 1, Sect. A Parmele Isles
Dear Mr. Spicuzza,
Pursuant to your request, I am rendering a legal opinion with respect to your ability to locate and
erect a pier/dock structure extending from your property located at 1 Parmele Drive,
Wrightsville Beach. Based upon my personal review of the available information, I conclude as
follows:
1. You and your wife Christine Ready-Spicuzza are the owners of Lot 1, Section A of
Parmele Isles, Section A as shown or, that Map recorded in Map Book 5 at Page 127 of
the New Hanover County Registry (Hereinarier "Lot I").
2. You acquired Lot 1 as a successor in interest to Lydia T. Hines and Husband J. B. Hines.
3. Your Lot 1 adjoins Lot 2 of Parmele Isles and Lot 2 adjoins Lot 4 of the same
subdivision. Lots 1, 2 and 4 form an "L" shape and all three Lots are situated upon a
lagoon which is shown on the plat attached hereto as Exhibit "A."
4. Because Lots 1, 2 and 4 all face the lagoon and Lots 1 and 2 are at right angles to Lot 4,
an issue arose concerning riparian rights extending from each respective property.
5. At the time the issue arose, Lot I was owned by Lydia T. Hines and Husband J. B.
Hines. Lot 2 was owned by Paul M. Kester and wife Jane B. Kester and Lot 4 was owned
by John S. Armstrong and wife Kathleen M. Armstrong.

3 �7
!ars, Courtney
n: Goebel, Christine A
t: Wednesday, April 19, 2017 11AS AM
Spears, Courtney
Wilson, Debra
jest: proposed condition to Spicuzza GP
trtney-
reviewed the info you've sent, and recommend adding the following condition to the GP when you iss
M is aware of the 1995 riparian corridor agreement between Spicuzza and Brooks which appears to 1
CRC's 15'riparian setback rule as to these parties' common riparian line. However, DCM lacksjurisd
esolve property rights disputes, and so if a court of competent jurisdiction determines that a party other
permittee has legal title or use rights to any part of the area approved for development under this permi
wit shall be null and void as to the area the court determines is not owned by or controlled b
►nittee. This condition shall take effect on the date such court judgment becomes final. In such ever
►nittee shall consult DCMprior to initiating or continuing any further development under this permit.
discussed, I'd be happy to review your proposed GP before you issue it.
Ysty
-istine A. Goebel
istant General Counsel
'. Department of Environmental Quality
ephone: 919-707-8554
iling Address:
1 Mail Service Center
eigh, NC 27699-1601
tc_ ",'Nothing Compares --,
tail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclose
d parties.

,ars, Courtney
Jim Spicuzza <[e-mail]>
Wednesday, April 19, 2017 9:18 AM
Goebel, Christine A
Spears, Courtney
ject: Re: 1 Parmele riparian corridor Agreement
hristine,
►pped into the Cama office and paid for my permit yesterday. Courtney Spears made me aware that you
e reviewing the documentation in light of my neighbor Mr Brooks' response and displeasure of my prol
improvements, which came as no surprise.
ist you received my rebuttal to his attorney's remarks. More importantly, It has become evident that Mr.
oks' pier could never have been built without the benefit of this exact same recorded Riparian Corridor
eement.
lly respect that my neighbors were here first and would prefer to leave things the same, however I hope
see from our proposed plan that we have taken every step necessary to maintain proper setbacks on Mr
-z side and given Mr. Brooks full use and enjoyment of his entire floating dock without any obstruction
reside him, as our dock would be located to the landward side of his entire floating dock. (He does not e
same benefit on the opposite side of his dock on Lot 4)
eatly appreciate your review and am available if you have any questions. Thank you in advance for you
spent on this matter and your guidance. Everyone at CAMA has always been great to work with.
d Regards,
t from Jim Spicuzza's iPhone
Feb 17, 2017, at 2:16 PM, Goebel, Christine A <Christine.Goebel NCDENR.GOV> wrote:
Mr. Spicuzza-
Sorry it's taken me a while to get back with you, but Tara and I have both had a busy couple weeks and I
wanted to touch base with her before responding.
Unfortunately your email below reads the 15' riparian corridor setback regulation wrong, and you would
still need a riparian setback waiver from the "other" neighbor Smrz Trust, who is not part of the riparian
agreement.
The rule at issue (it's in two places in our rules, but I've pulled the language from the general permit
section here) is 15A NCAC 7H .1205 (q) which states:

Dear Tara,
My attorney shared Christine Goebel's findings with me earlier
this week.
My mistake was in the belief that the Smrz Trust property
(corner of N. Lumina & Parmele Blvd.) was a part of the original
riparian Agreement, which they were not.
The Agreement of record applies to my property and the next two
adjacent properties (on my opposite side of the Smrz Trust
property).
With our property at 1
water frontage, we are
full 15 feet of setback
shifting the proposed 5
our property. The short
property which has the
Parmele having 20.8 feet of surveyed
able to offer the Smrz Trust property the
that they are entitled to, by simply
foot wide pier to the opposite side of
pier would then correctly abut the
recorded Agreement already in place.
I further confirmed a measurement this week between our property
line and the neighbors pier which is exactly 15.3 feet. I have
included a photo of the measurement attached below. This 15 feet
of distance between our proposed pier and our neighbors exiting
pier, would allow us to remain in full compliance with the Town
of Wrightsville Beach Ordinance for the purpose of obtaining a
building permit, for General Pier & Dock Construction Requirements 150.12.
I have included a sketch below of a revised pier and dock
proposal for your preliminary review. Now that the pier is laid
out in this manner, the full intent of the recorded Agreement
seems very to ical. May I schedule a time to meet with you early
next week to finalize a plan and incorporate any thoughts or
suggestions you might have to make it better?
Kind Regards,
Jim & Chris Spicuzza
910.443.4283

Forwarded Message -----
m: "Goebel, Christine A" <[e-mail]>
Jim Spicuzza <[e-mail]>; "MacPherson, Tara" <[e-mail]>
"Wilson, Debra" <[e-mail]>; Chris Spicuzza <[e-mail]>; Ray Blackburn
[e-mail]>, "Lopazanski, Mike" <[e-mail]>
it: Friday, February 17, 2017 2:16 PM
iject: RE: 1 Parmele riparian corridor Agreement
Spicuzza
ry it's taken me a while to get back with you, but Tara and I have both had a busy couple weeks and
ited to touch base with her before responding.
ortunately your email below reads the 15' riparian corridor setback regulation wrong, and you would st
id a riparian setback waiver from the "other" neighbor Smrz Trust, who is not part of the riparian agrees
rule at issue (it's in two places in our rules, but I've pulled the language from the general permit secti(
e) is 15A NCAC 7H .1205 (q) which states:
'iers and docking facilities shall not interfere with the access to any riparian property, and
"'' ' 3e
` � W 'OJW , r, . �� � ��' and the adjacent property lines extended into the
ar at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waiv(
written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Sr
adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreerr
the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to
Sting any development of the pier or docking facility. The line of division of areas of riparian access shall be
iblished by drawing a line along the channel or deep water in front of the property, then drawing a line perpendic
ie line of the channel so that it intersects with the shore at the point the upland property line meets the water's ec
lication of this Rule may be aided by reference to the approved diagram in Paragraph (t) of this Rule illustrating 1
as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coa:
iagement website at http://www.nccoastalmanagement.net. When shoreline configuration is such that a perpend
nment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maxir
,nt practicable.
CRC's intent with this rule was to allow at least 30' setback area on either side of a riparian line to pr(
igation between docks and piers, unless the neighbors agree to waive the 15' setbacks and have a sn
Dack area. There is no ability to go across a riparian line into someone else's riparian area unless the)
)-applicant or it's a shared pier.
He I believe DCM can move forward with the riparian agreement in lieu of a riparian setback for
ghbor at Lot 2 (Brooks?), there is no agreement on the other side. Further, the 15' setback traver
length of the riparian line (which is measured 15' into your riparian area from the common riparian line
:h side), and so while you have 20.8' of riparian shoreline at the MHW line and can meet the 15' setbai
,e, your riparian corridor is a pie shape and the width near the end of the proposed pier on your drawir
r riparian corridor narrowing to 15' wide at that point. So if you build a pier that goes out as far as prop
will marl thin cathack waiver frnm qmr-7 tri mt hafnra nrKA rrni drl ice i is %irm n rARAA ncrmi+ fnr +hn nrnr

!ars, Courtney
n: Jim Spicuzza <[e-mail]>
t: Monday, April 10, 2017 11:23 AM
Spears, Courtney; Wilson, Debra
ject: 1 Parmele riparian corridor Agreement
ichments: 2 legal opinions04102017_0000.pdf; copy of proposed pier drawing mailed to
neighbors04102017_0000.pdf
A morning Courtney and Debra,
lave received both certified mail receipts back from my two neighbors
is of no surprise that they would prefer to leave everything the
ne...
-eceived a letter from Mr. Brooks' attorney which was mailed to both
l I. I'm assuming you have already received it or will by later today
wrote to voice his clients concerns which is completely understandab
never, I'd like to include my email below as a reasonable rebuttal to
. Brooks' arguments and to re -address the facts previously establishe
)ut our binding riparian corridor Agreement.
1995 recorded Riparian Corridor Agreement has No exclusions or
3trictions associated for Lot 1 other than as follows: Page 4, Paragr
states that "Kester & Hines further agree to relocate the existing
ling located in Kester's riparian corridor as identified in Exhibit A
goint properly within Hines' riparian corridor". This establishes tha
ies already had pier improvements agreed upon within their own ripari
rridor.
is clear that Hines contemplated moving pilings within the RC
reement, but more importantly they preserved and recorded their ripar
rridor with all their rights by entering into a very precise recorded
reement which included surveys. They also cooperatively allowed Keste
)w Brooks/lot 2) to build a pier that would not interfere with Hines'
)arian corridor and piling. In fact, while Kester and Armstrong had v
2cific restrictions placed upon their pier improvements, it should be
Led that Hines had no restrictions or exclusions placed upon their
)arian corridor at all. This was probably because they were the
incipal party for allowing Lots 2 and 4 to be able to build their own
2rs in the cul-de-sac shaped lots, and thus would not accept
5trictions on their own property. The Hines' property (Lot 1) was als
side an unbuildable lot at that particular time, which is now known a
Smrz Trust property, which is not a party to the riparian Agreement
)oks attorney claims "it's clear from the Agreement that the Hines'

Forwarded Message -----
n: "Goebel, Christine A" <[e-mail]>
Jim Spicuzza <[e-mail]>; "MacPherson, Tara" <[e-mail]>
"Wilson, Debra" <[e-mail]>; Chris Spicuzza <[e-mail]>; Ray Blackburn
@rayblackburn.com>; "Lopazanski, Mike" <[e-mail]>
t: Friday, February 17, 2017 2:16 PM
ject: RE: 1 Parmele riparian corridor Agreement
Spicuzza-
y it's taken me a while to get back with you, but Tara and I have both had a busy couple weeks and I
ited to touch base with her before responding.
xtunately your email below reads the 15' riparian corridor setback regulation wrong, and you would sti
d a riparian setback waiver from the "other" neighbor Smrz Trust, who is not part of the riparian agreer
rule at issue (it's in two places in our rules, but I've pulled the language from the general permit sectic
�) is 15A NCAC 7H .1205 (q) which states:
iers and docking facilities shall not interfere with the access to any riparian property, and t,
�1 'tkci and the adjacent property lines extended into the
;r at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waive
Nritten agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Sh
adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreem
the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to
sting any development of the pier or docking facility. The line of division of areas of riparian access shall be
blished by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicL
e line of the channel so that it intersects with the shore at the point the upland property line meets the water's ed
lication of this Rule may be aided by reference to the approved diagram in Paragraph (t) of this Rule illustrating tl
as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coas
agement website at http://www.nccoastaImanagement.net. When shoreline configuration is such that a perpendi
iment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maxin
nt practicable.
CRC's intent with this rule was to allow at least 30' setback area on either side of a riparian line to prc
igation between docks and piers, unless the neighbors agree to waive the 15' setbacks and have a srr
)ack area. There is no ability to go across a riparian line into someone else's riparian area unless they
)-applicant or it's a shared pier.
ile I believe DCM can move forward with the riparian agreement in lieu of a riparian setback for
]hbor at Lot 2 (Brooks?), there is no agreement on the other side. Further, the 15' setback traver
length of the riparian line (which is measured 15' into your riparian area from the common riparian line
h side), and so while you have 20.8' of riparian shoreline at the MHW line and can meet the 15' setbac
e, your riparian corridor is a pie shape and the width near the end of the proposed pier on your drawin
r riparian corridor narrowing to 15' wide at that point. So if you build a pier that goes out as far as props
will need the setback waiver from Smrz trust before DCM could issue you a CAMA permit for the nron

43
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