The URL can be used to link to this page

Home My WebLink About64064D - Stricklandr 1-�AMA / ❑ DREDGE & FILL a 'd,a •3 4 INAPENERAL PERMIT Previous permit# 14A ew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued ized by the State of North Carolina, Department of Environment and Natural Resources # oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC • 1 //�� " TMules attached. Name C//'/ % /�JC 1l h Project Location: County Ale ty- _�&;2 be, 5'a./f4e 3 Street Address/ State Road/ Lot #(s) l�hi h State_ e ZIP2611,e, Z/27 .3 M q ra "w,-K ersm a S/' i ( / Fax # () Subdivision yd Agent l/'C t hjo2 &zZ City �! �Y+,ir�e,%Gh ZIP ZtO y ®CW Qfl� i51STA ❑ ES ❑ PTS Phone # (�1O) :?W— 7O ` River Basin ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body /4I/ nat n 1-1W PS: ❑FC: � ies / PNA r es / Crit.Hab. yes / no Closest Maj. Wtr. Body Project/ Activity K O,7J"fY�lil�fl r�z el 2el;e,07P- er(s) igth nber I/ Riprap length distance offshore —V— K distance offshore annel / is yards / ip ;e/ oatlik � /X /D d1dozing Length ' not sure not sure um: ktached: 1 ig permit may (Scale: / ii ❑ See note on back regarding River Basin r DENR CAMA Daily Check Lor1 for WIRO Date Check Received Check From Name Name of Permit Holder Vendor Number Check amount I Permit Number/Comments 9/2/2014 Norfolk Dredging Co. River Harbor and Dock Improv. North Topsail Beach SunTrust 14087 $100.00 MP 79-10 mod. Fee 9/2/2014 James Thomas Davis 107 Florida, CB BB&T 310 $100.00 107 Florida, CB 9/3/2014I Paul C. and Robin R. Jones Forrest Waldon/Far Rockaway, LLC NC SECU 7297 $200.00 GP 64030D 9/3/2014 Ridgestone Construction LLC Chris Majewski Trust Atlantic Bank 3213 -- $200.00 GP 64028D fr 9/4/2014 Gary L. and Karen S. Sain - same (170 Greensboro St., HB) - -- Com_munityOne Bank 2148 --- $200.00 GP 64043D -- 9/4/2014 Claude R. and Joyce K. Rogers !same (172 Greensboro St., HB) Uwharrie Bank 3358 $200.00 GP 64044D 9/4/2014 F and S Marine Construction Look Huto arbour HOA (Tom Hanna) PNC Bank 3979 $300.00 Major mod, 66-10 2 of 2 - 9/4/2014 Ocean Breeze Heating & Air LLC - e ite vio#14-10D MMit - First Federal - 2820 _ - $463.00 CAMA vio# 14-1OD 9/4/2014 Town of Wrightsville Beach same (E. Oxford Paving First Citizens Bank_ 99440 $100.00 minor fee, E. Oxford Dr., WB 9/5/2014,Karen Moran-Germ/William Germ Steve Arnold First Federal 1115 _ $200.00 GP 64046D 9/5/2014jEllison I, LLC 9/5/2014jSamuel and Tracy Clary Lucien Ellison Middle Sound Manna/Vanguard Prop. B of A rSunTrust 1102 4130' $100.00 permit renewal fee, MP 65-07 $100.00 permit transfer fee, MP 164-07 - - 9/8/2014' F and S Marine Construction_ Michael Desherbinin - PNCBank 3982 - - - $200.00 GP 64045D 9/8/2014 Holden Dock & Bulkheads I First Community Bank 5858 $400.00 GP 64047D & GP 64048D @$200 e -_ . - 9/9/2014 9/10/2014 Arltinori Construction Inc Town of North Topsail Bea_ ch _ Ma Lou Llo d y same B of A First Citizens Bank 3138 38670, $200.00�GP�3039 3rd. St., Surf City $400.00 (major fee, NTB parking #� -- - - -- 9/10/2014 Criser Troutman Tanner _ - UNCW Center for Marine Science NC --- NewBrid a Bank g -_ 2172 _ _ $100.00 mod. Fee, MP 81-13 9/10/2014 Town of North Topsail Beach (1 of 2) isame First Citizens Bank 38562 $100.00 fee for GP 9/10/2014 Town of North Topsail Beach (2 of 2) same First Citizens Bank 38712 $100.00 fee for GP (see above entry) 9/11/2014!Grice Construction of Brunswick Co - Buie -- BB&T 9842! - $400.00 GP 64050D @$200 � GP 64049D @$200 _ 9/11/2014 William R. and Norma J. Burleson _Holland same Wells Fargo _ 3865 $200.00 GP 64051D 9/11/2014 Wafter Daniel Giese same _ NC SECU 4042 $250.00 major fee, Giese, Onslow 9/11/2014 F and S Marine Construction William Taylor PNC Bank 4003 $200.00 GP for 412 N. Channel Dr., WB 9/11/2014 Lester V. Van Epps same Navy Federal Credit Union : 5038 $200.00 GP 64031D 9/11/2014 Ceorge J and Susan F O'Connor same BB&T 7422 $100.00 minor fee, NTB 231 Port Dr. --- - 9/11/2014 Charles Ashley Mann - same Fidelity Bank 21221, $100.00 minor fee, CB 11-05 transfer 9/11/2014 Navaho Development Company, LLC Terry Turner Vantage South Bank 57 $100.00 mod fee, MP 73-09 9/15/2014 Dario and Marie Palucci same First Bank 5337 $100.00 minorfee, NTB 14-27 9/15/2014 Toren A Utke same PNCBank 1151 $200.00 GP 64052D 9/15/2014 Maritech LLC Lucky Fish Lane HOA _ B of A 1841 $200.00 GP 64053D 9/15/2014 Jon W. Giles & Angela Kiger-Giles Kugaton NC SECU 3081 $400.00 major fee/PN Co, Kugaton Rich Inlet Channel MP 6-01 renewal 9/15/2014 Figure 8 Beach HOA Banks Channel, Mason Inlet area First Citizens Bank 8291 $200.00 MP 139-04 renewal 9/16/2014 Allied Marine Contractors LLC Richard Roberts B of A 6811 $200-00 GP 63275D 9/16/2014 Maritime Coastal Construction LLC _ William Greenlee JFirst Community Bank 1553 $200.00 GP 63276D 9/16/2014 Holden Dock & Bulkheads John Emerick I First Community Bank 5863, $400.00 GP 64047D 9/15/2014 Live Oak Ent., Inc. Future Homes IBB&T 34095 $50.00 1 st Street, Surf City, HHFlood exem 9/18/2( 14 Geoffrey and Stacy Alexander same Wells Fargo 2305 $400.00 4302 E. Dolphin Drive SE, 0.1. _ 9/19/2014 Coastal Marine Piers Bulkheads LLC Dinkins (1 of 2) - Wells Fargo 19797. $250.00 major fee, WB 9/19/2014 Coastal Marine Piers Bulkheads LLC ,Dinkins (2 of 2) __ Wells Fargo_- 198061 $150.00 majorfee, WB _ 9/19/2014 Parker Construction Group LLC Parker Bank of the Ozarks 7431 $250.00 major fee, 1 Auditorium Circle, WB 9/19/2014 J & J Properties of Calabash 1 LLC _: (Calabash Marina Citizens South 1422 $100.00 MP 74-05 renewal 9/19/2014 S-e-ashone Realty Group, Inc. Heritage I, LLC - Coastal Bank & Trust 3959.. $100.00 MP 64-06 mod. Request 9/22/2014'Land Management Group, Inc. - Riverside Park Marina First Bank 44494 _ $475.00 major fee, Riverside Park Marina 9/22/2014 Howard and Janice Malpass same Wells Fargo 3787 $100.00 minor fee, Topsail Beach 9/22/2014 Danford & Associates Land Survevina. PC Loder-Strickland Wachovia 1793 $200.00 GP 64064D C Division of Coastal Mgt. Habitat impact Computer Sheet phcant: 6k"I'l s�`� l� �G Permit #: ite: 1�?//Z/- ascribe below the HABITAT disturbances for the application. All values should match the name, and units of measuremen ind in your Habitat code sheet. ibitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated fim disturbance. Excludes any restoration and) temp impact amount Other Dredge El Fill ❑ Both Elr ` ( C Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ at McCrory .3ovemor �� NCDENR North Carolina Department of Environment and Natura Division of Coastal Management September 22, 2014 RTIFIED MAIL — 7011 0110 0000 99471539 TURN RECEIPT REQUESTED Robert Hesch I. Loder Avenue mington, N.C. 28409 3r Mr. Hesch Resources John E. Skvarla, Secretary This letter is in response to your correspondence received by the N.C. Division of Coastal Manage August 18, 2014, regarding your concerns about the proposed development by Ms. Carol Strickland, a ler Avenue, adjacent to Myrtle Grove Sound/AIWW, in New Hanover County, North Carolina. The pi lists of the construction of a private docking facility into Myrtle Grove Sound. Based on site visits by staff with our office and review of the provided drawings by the applic horized agent, the construction of the proposed private docking facility has been determined to comply Rules of the Coastal Resources Commission (07H.1200)-General Permit for construction of piers, d I boat houses in the Estuarine Shoreline AEC, and as such, a permit has been issued to authoriz ,elopment. 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 Ap Chairman of the Coastal Resources Commission will consider each case and determine whether to it request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Di) ;oastal Management, in writing and must be received within twenty (20) days of the disputed r vision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. P itact me at 910-796-7215, if you have any questions, or if I can provide any additional information. ;pectfully yours, III fil/I )ra D. Wilson mington District Manager Braxton Davis, NC DCM Morehead City Benjamin Andrea and Patricia Roberts, NH Co. Planning & Inspections Department k.k) 1 QU CAMA THIRD PARTY DCM FORM 5 HEARING REQUEST FORM DCM FILE No: PETITIONER'S NAME 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. Ifyou 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. § 113A-121.1(b) and Chapter 150B, 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 The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission. These opinions note that the practice of non -lawyer professionals, such as engineers, surveyors or contractors, representing others in quasi-judicial proceedings through written argument may be considered the practice of law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a non -lawyer represent your interests through preparation of this Petition. DELIVERY OF THIS HEARING REQUEST This request must be received by the Division of Coastal Management (DCM) within twenty (20) days of the date of the disputed permit decision. N.C.G.S. § 113A-121.1(b). Failure to do so constitutes waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b). Contact Information for DCM: Contact Information for Attorney General's Office: By mail, express mail or hand delivery: By U.S. mail: Director Environmental Division Division of Coastal Management 9001 Mail Service Center 400 Commerce Avenue Raleigh, NC 27699-9001 Morehead City, NC 28557 By Fax: (252) 247-3330 By Email: Check DCM website for the email address of the current DCM Director www.nccoastalmanagement.net By express mail: Environmental Division 114 W. Edenton Street Raleigh, NC 27603 By Fax: (919) 716-6767 Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Printed Name of Petitioner or Attorney Date Email address of Petitioner or Attorney L L_]L•_- A JA___-- rs, Robb L 1: Baker, Jessi E Monday, August 25, 2014 9:09 AM Mairs, Robb L ect: RE: Strickland Permit-Loder Ave. not opposed to the attached, proposed dock design at Loder Ave. Baker, Fisheries Resource Specialist Division of Coastal 'Management Commerce Avenue ehead Citv, NC 28557 ,) 808-2808 ext. 213 ,bakerkncdenr.gov e visit www.nccoastaimana_qement.net to subscribe to tal Management's quarterly newsletter, the CAMAgram. correspondence to and from this address may be subject to the Carolina Public Records Law and may be disclosed to third parties. n: Mairs, Robb L t: Tuesday, August 19, 2014 8:39 AM Baker, Jessi E ject: FW: Strickland Permit-Loder Ave. e you are doing well. I wanted to run this one by you to get your input. Maybe we can chat over the phone whi get a chance? iks, 0 n: Derek Danford[mailto:ddanfordCaOdanfordsurveying.com] t: Monday, February 17, 2014 5:33 PM Mairs, Robb L jest: Strickland Permit-Loder Ave. ik,you, ?k !k Danford, PLS rofessional Land Surveyor L-4528 'ord & Associates Land Surveying, PC 1/2 Oleander Drive Suite 3B Bldg. G iington, NC 28403 799-4916 FEYING, CONSULTING & ELEVATION CERTIFICATION 09 a// of NC... especially New Hanover, Brunswick and Pender Counties. DANFORD & ASSOCIATES LANE) SURVEYING, P.C. P.O. Box 3314 Wilmington, NC 28403 4002 t 12 OleWl ier Ekrve 5u" 3R Building G Wdmaigtcut NC 2W3 tei 410.799, 4916 cv4: 91 Q,471,8941 fax: 600.972A617 DEREK DANFORO +. NC P1o(essiortal4ertt! 5tavfyar lxenseNaL•4526 'ICE: This electronic correspondence and all attachments may contain privileged information intent for the use of the addressee. Any information contained within this correspondence is provided fc - convenience. No assertion of accuracy is made by Danford & Associates Land Surveying, P.C. unl 3ical documents are obtained, sealed AND signed. User assumes all responsibility for use of this di rmation. firs, Robb L n: Vafier, Ken <kvafier@nhcgov.com> Wednesday, August 20, 2014 10:25 AM Mairs, Robb L Andrea, Benjamin ect: FW: Strickland -Splash Landing — please see Ben's findings below. If this is a single residential private pier it looks as if the issuance of a GP w insistent with our ordinance. n: Andrea, Benjamin t: Wednesday, August 20, 2014 10:15 AM Vafier, Ken ject: RE: Strickland -Splash Landing current proposal is for a new pier/dock at 418 Loder Ave. Based on my research, all previous proposal and ovals pertain to the pier/dock/facilities stemming from 420 Loder. UP was applied for in 2/90 for modifications and upgrades to the existing facilities, but denied by the Planning I withdrawn from consideration by the Board of Commissioners. The proposal did not include new dock/pier as ?ntly proposed, but expansion of the existing dock/pier and some modifications to the gazebo area and fuel stc S. pears that the previous approvals do not preclude a new facility at 418 Loder as currently proposed, but also di orize or permit such a facility. As such, I believe that the current proposal would necessitate new reviews and ovals. current proposal is considered to be a modification of the previously approved commercial facility at 420 Lod ns an SUP would be required. If the proposal is for residential use, it would be permitted by right. se let me know if this is sufficient or if more info is needed. ijamin Andrea I Current Planner fining & Inspections - Planning & Zoning I New Hanover County Government Center Drive, Suite 110 nington, NC 28403 11 --- _ram• ._ i —_� —nn _^11 c ild you be so kind as to look into this and see if adding a new dock on lot 3 would be consistent with any permit sd at this location, particularly with respect to one of Anne's classic determinations (attached)? Thanks! �ess is 420 Loder Ave i Vafier I Planning Manager fining & Inspections - Planning & Zoning I New Hanover County Government Center Drive, Suite 110 nington, NC 28403 )) 798-7281 p I (910) 798-7053 f n: Mairs, Robb L[mailto:robb.mairs(Z)ncdenr.gov] t: Tuesday, August 19, 2014 10:26 AM Vafier, Ken jest: Strickland -Splash Landing is the info. we have in our permit file for the existing marina (Slash Landing) and the proposed private pier on to the marina. Could you help us determine if this would be consistent on the local level on what was previou orized at this location? nks, fib Mairs, Field Representative Division of Coastal Management Cardinal Drive Extension nington, NC 28405 ne: (910)796-7423, Fax: (910)395-3964 >. mairs(a)ncdenr. qov se visit www.nccoastalmanaciement.net to subscribe to >tal Management's quarterly newsletter, the CAMAgram. gil correspondence to and from this address is subject to the h Carolina Public Records Law and may be disclosed to third panties. 6"J ik NCDE�N�t North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: awner's Mailing Address: Agent's Mailing Address: 'hone Number (110) (g - QBg1 Phone Number f °lf0) certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying )r and obtaining all CAMA Permits necessary to install or construct the following (activity): Dr my property located at 46 U-9. Ay64, 0C ,iis certification is valid thru (date) y Property Owner Signature 9iao,� Date ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to G'�'R o t- -F,-rQ i C-K L4 N'D 's (Name of Property Owner) property located at 41Lj9PE,9AVaUUE I LVrT S MY92AMAa 4AMP S (72 (Address, Lo , Block, Road, etc.) on 1ANTG IoJ` 4A&* Qi- ��LA �n VWILMIh onti , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. _I._z I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) 5tF--e A-ffACHRr 7 51)PVE�:Y MAP RECEIVED DCM WILMINGTON, NC S E P 1 9 2014 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, 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. V I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature 4NRDL, S:[AJGk.L. ANr:> Print or Type Name AR0 LvV01Z 4VENUe (Adjacent 0.� .. . . lama �. nformation) EHR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM Date: / / — 1�00 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: -nkkEAP Owner's Mailing Address: Agent's Mailing Address: MUILAUIAKfti 4. may Phone Number (14 ) (nlal - !qBq1 Phone Number Ll# ) certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying or and obtaining all CAMA Permits necessary to install or construct the following (activity): 'or my property located at 46 l V2E9 AVC- his certification is valid thru (date) ZA Property Owner Signature Date RECEIVED DCM WILMINGTON,. S E P 1 9 2014 RIPARIAN SURVEY FOR CAROL STRICKLAND LOT 3 MYRAMAR CAMP SITES (TRACT ONE OF DEED BOOK 1717 PAGE 978) MASONBORO TONNSNIP NEN HANOVER COUNTY, N.C. --- — — — — —A— — _ —GRaW DAY BEACON 143 NN 1330975.00DN t41 ATLANTIC iNTRACOASTAL WATERWAY N 1342374.2 E 2343222.00 E 2342374.OS A 4E IM DEREK DA M. CER Y 441T THIS PROPERTY WAS WNYED AND W DRWN UNDER NY SUPEFMSM OESCROW AS SHOWN ON NE PACE OF 116 PLAT; PA710 OF PRECISION AS CLINUTED BY COMM IS 1:10,0DO+; TWAT THE 11 NDARES NDT SWOM ARE 9HORT$ R+ DIIDKEN LM PLOTI[o FROM NFORIM7OIN WERENCEO, TW THIS RAT WAS PREPARED N AIM ROARCE WITH '4E STANDNEDS OF PR$C110E FOR LAND SUAVEM N MIRTH CARDLW. WMESS MY ORGNk $*WIN- L10ErSIM NTAR[R AND SEx iNIS�A� � AD. 2014. UU 1 VFANON DEREK DWDRD U``tpouwpp/6 N.C. PLS ND L-4528 S E A L _ PRO$ u SETBACK POINT — — —�— 80I SETBACK LINE � — — N 148197.06 FLOATING DOCK— E 2345794.57 _ I INSERT "A" SCALE 1 140-1 = 20 fEf T PROPOSED LIFT (12' x IA') I - I e i.I I I + 13.2' 15.8' --�i JET -SKI LiFT - m I ts.o' ( ;3 701 v vI z vr�l(PROP.) I I v � �r4Zi om n I w t o m I N I w I J C, I m O v 90 ID Plc SURVEY REFERENCE DUD DOCK 6570 ►A&I iK rw DOOK 5 PAGE 10 NDrw 1. wArct (4DTw f.oL.Korw.) All. M.am NroN N.LD Os.RVAllOw w loN no. a+ ivro'ae ia, ra. sr ouwwo 1 Ar¢urn wa .wv.riw, R. 2. LOW riAM LIW ASOW4 D OMU O V' IO. r1.A SMVn. .. .lq..Lw LA[ b w u T1K'.O.ONw.AK[ 0. "O.NCe..ICLL u DIII IVI TINTED TP C-AIL MARRpN, A[.YL MbrO IIIRI Vp YANDVA. =9MML aeCD.A.1.0 ewauu*swL .nm+ fu.) uo A..IAL A.AMp I11n1 GLGrtl uRiN .va nu ORrA.1® ..wt .Aw7w N[TTt A+ r11e N AMR G0./4 or d6.ms. 4. 1Or AD011W M Al LOM AV l ►MICA, .. Imra-mt-eD�-oao S. ND.wL w —M L AND C.C.D. ,L f w Dr NW wAIaVO1 lQARY OAIW4 NK�.A PAM= ON 40 .L.AiCT TD ALL urivrr, .mm.-ncw A, ODJWWfi p L.QAR'.ir .VOID MD.11K uou wAnD• LM .FLOATING DOCK SETBACK POINT N 136343.67 E 2341762.35 /- V ^ �y �Q�rP v VGA FLOATING DOCK WATER LH1E I c - r.1 I S.- o,� I.I�V1-s I V n BI I h i LOD `TABLE M- AVE I ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _ , ARO I_ �)TP-IC,K LIB tJ D 's A(Name of Property Owner) property located at l.� IS LDm V E N �� (Address, Lot, Block, Road, etc.) on AILAWT(c 1NT1hGoWs-L`11��4TM , in W IL./YItId &To/J N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locatio I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) 5 c E A-r-rAc-A E D Dew i[ 6 RECEIVED DCM WILMINGTON, NC S E P 1 9 2014 WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set bac minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to wa the 77, outhe appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Ad' cent Prope Owner Information) Signature Si ture CAgoi- S-MICY L. LO D N Print pr Type Name Print or Type Name Page 1 of 2 August 16, 2014 To: CAMA Permit Officials (Rob Mairs) From: Robert Hesch, 414 Loder Ave, Lot 2 Reference: Williams Landing aka Splash Landing Dissolution and Strickland Lot 3 permit application To whom it may concern: Bolded below are critical categories with supporting documentation to deny approval of the proposed application. Now that non -conforming Williams Landing aka Splash Landing has been separated, dissolved, and the "grandfathered" rights have been forfeited, either the existing 12 slips and non- conforming structure be shared OR the non -conforming use/structure be replaced with two new CONFORMING residential 2 slip piers for each of the former Williams Landing lots. Otherwise, adding additional slips to a non -conforming marina requires a full review major permit proposal and increases the non -conformity by (1) adding slips and (2) expanding the footprint over the riparian corridor. 1)Inaccurate Proposal • Improper notification, NCDENR not listed • Wrong address for riparian neighbors • Gazebo size differs on print • Proposed dock floating or not • Proposed slips and egress are in tidal areas with less than 2 feet of water at low tide • Docking, boatlift (s) operations will permanently disturb the soil, aquatic plants, shellfish and other marine life in the egress and docking areas • This proposal is not consistent with the intent of the general permit guidelines • Project does not qualify under general permit criteria because of its property's historic shoreline and high -ground inclusion in Williams landing where more than 2 slips and other non- conformity already exist 2) Historically, Williams Landing aka Splash Landing was the combined Lot 3 and Lot 4 • Letter from New Hanover county zoning in 1990 confirms both lots 3 and 4 have been used together for decades as the marina even prior to zoning in 1971, see attached • Lot 3 and 4, Williams landing is ONE deed and has sold 3 times as ONE deed since the late 1980's including the last to the Stricklands, see attached • The 100+ft shoreline's riparian rights of Lot 3 and Lot 4 combined has already been used • Dividing the property and converting it to non -marina use has already forfeited the non- conforming status as a marina This proposed change further supports the dissolution of "Williams Landing aka Splash Landing" and the forfeiture of non -conforming grandfather rights Page 2 of 2 3) Questionable Intent per letter to Rob Mairs from Strickland's dated March 29, 2007, see attached • Ron and Carol Strickland oppose additional slips in area • Change of interest away from "neighborhood residential quality" • Clearly admit "(giving) up this income" from Williams Landing "in order to minimize impact on the residential quality of the neighborhood" • Stricklands question ability to "park" and "turn around" trailers for 4-6 boats on a 50 foot lot ... they have 12 on a 100 foot lot and are proposing an additional 2 boat potential • How did they figure out how to "park" and "store" 12 on the proposed 50 foot lot? • Stricklands quote "(seeing) near misses daily in the summer" and " don't need to add to the congestion of this area" and shouldn't be "at the expense of the neighborhood" • Carol Strickland "does not live there" and "the application for ... slips is not a residential need" 4) Currently Non -conforming and increasing non -conformity • Letter from zoning in 1990 confirms non -conforming use, see attached • Splitting the Lots makes the existing facility MORE non -conforming as does adding another pier • New Hanover County encourages reducing non -conformity • Improvements of 50% of value require future conforming use • By splitting off lot #3, Williams landing has re -purposed more than 50% of its land and shoreline 5) Current inferior condition of Williams Landing • Former fuel dock not securely attached and has broken away just last week, see attached • Existing floating docks sit dry at low tide, thus damaging primary nursery area and aquatic plants, see attached • Pictured neighboring Southerland's floating dock was replaced with the old floating dock being used non -permitted at Williams Landing, nor does it have a vessel number, see attached • Existing structure needs repair and should be brought to a conforming residential 2 slip pier since grandfathered privileges have been forfeited, prior to approving proposal • Cost of repair for existing pier and proposed pier for half of Williams Landing exceeds 50% of value of the existing non -conforming use • The last time Strickland's dredging was done and Southerland's Lot 1 was raised, Strickland's Lot 3 retaining wall broke which flooded the entire Lot 2 with dredge spoils causing costly hardship and forced premature raising to prevent future flooding Regards, ze��7 Robert Hesch r CERTIFIED MAIL • RETURN RECEIPT REQUESTED'Q%� DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM Name of Property Owner: STOIC e-k- P Address of rtY ProP a (�� L (Lot or Street #, Street or Road, City & County) Agent's Name #: Agent's phone #: Mailing Address: I hereby certify that 1 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 descriation or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. V 1 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. Contact information for DCM offices is available at www.nccoastalmanapement.net/contact dcm.htm or by calling 1-888-4RCOAST. 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. _ I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name (Adjacen erty Ow information) Signat re M cjgle � �� Print or Type Name �y 0 y� Lo�� AA -;I;-- ArlArr.nn ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that 1 own property adjacent to C Aeon __)r1'2.1C_V-LA)-X> 's property located at L4t 4b LODea- A V F_ JL) (Name of Property Owner) ,1 (Address, Lot, BIoq, Road, etc.) on ATIAwnc JXTLAc &6Egp.. WATEWA%, in W I LM IN 12TO N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locat 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing SEE ATTkcNEO TD"WMio t (1412 e44VV(7' I AA o VN.-,T wr V WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set b,- minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to Y the setback, you -"the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name (Adjacent Property Owner Information) S. ature O SGi t Print or Type Name CAMA AND DREDGE AND FILL r GENERAL � PERMIT as authorized by the State of North Carolina J/ Department of Environment, Health, and Natural Res- in 17a an area of environmental concern pursuant to 15A NCAC and t Coastal Resources Commission t�06 Phone Numb�r`-llO�'?/� ition (County, State Road, Water Body, etc ect Activity I' I[�IA1�"G• j DESCRIPTION I SKETCH ,igth h— e offshore limensions I lsions State W G zip ".'? 1Q r n IN 1 _ _ t I (SCALE: Oc-u r P. r I t kF L� �� 7f or S I C;P J t a{ \rl M! 4 'ti Li ject to compliance with this application, site Le a :tached general and specific conditions. Any„ >e terms may subject the permittee to a fine,- civil action' and -� GA2E8o E��sw twLK' Y9.) • • • • • F • h1EW SFCctoN OF SON 0 E7CKTtAC. BMT Rat EXKTtAG PIER to � Z4 DWI MARSH i PROPOSED IMPROVEMENTS Ou F7 i or .5 J y loo FT L 11;r I -- \ 40 \vr DEUC � B Z,O h1 ARW fp N V/ \VN I v H.w. �.o. L• WI, 1 I MCA � H•c. RAMP PAVERS / I. NEW euLKHEAD I: qQ� a I IT EY\ST. PIER 42" —T / - .. - .' Ntw FLo^n144. WoLKi = .. . I Q 14' " - e-t-Q CECK NEW BULKHEAb (TYP) — _ � DREDdE LIHTS,SEE� Z of 4 �--- L-W. 0.0 L—�— � — \ MAINTENANCE DREDGING, NEW PIER IMPROVEMENTS [DATE PLASH LANDING (formerly Willi y� AS NOTED APPROVED BY: IMPROVEMENT PLAN BAR 16 1`%i7U ARCH 1990 30 p OFFICE CUr1;TRt_ MANAGEMr LOCATION: 420 LODER AVENUE, MYE NEW NEW HANOVER COUNTY INSPECTION SERVICES COUNTY ADMINISTRATION BUILDING ANNEX 414 Chestnut Street, Room 203 Wilmington, North Carolina 28401 Phone (919) 341-7118 Zoning Division May 22, 1990 Mr. Fred Saravia 250 Shannon Drive Wilmington, NC 28409 RE: Splash Landing Marina Project, formerly Williams Landing, 420 Loder Avenue (R-15 zoning) Dear Mr. Saravia: Pursuant to your letter dated May 7, Conklin, I have further investigated the zoning referenced property as a non -conforming use "grandfather rights." Your letter centers on concern, and I will address them separately. Rim MAY 23 Of f iCIF OF COASTAL ' Wh Abn30WO R O 1990, to Sky status of the entitled to two areas of 1. Was the entire Williams Landing property used as a boat landing/marina prior to the initial zoning on April 7, 1971? Your letter expresses concern over the disparate ownership of the two lots (3 and 4, Myramar) up until 1982. I have spoken with Mrs. Elva Williams, former owner of Williams Landing and her father, Mr. W.F. Futrell, who operated the Marina for some eighteen years, from 1963 to 1981. I also spoke with Mr. John Alan Benson of 238 Loder Avenue, grandson of the John Benson who owned Lot 3 Myramar during the time that Elva Williams and her family operated Williams Landing. All three of these people confirm that Lot 3, the northernmost of the two lots, was used in its entirety for parking of vehicles and boat trailers in connection with Williams Landing since well before the initial zoning date. The use of the Benson lot was extended as a courtesy in exchange for use of the boat landing. This use of the property (Lots 3 and 4) was mainly during the summer months and then mostly on weekends. Mr. Fred Saravi, 2 May 22, 199( as a seasonal marina and boat ramp, with gasoline sales and retail sales of various items, including convenience foods and beverages. 2. Was the non -conforming use abandoned for more than e d 180 consecutivays? Mrs. Nancy Williams states that the operation of the marina was curtailed somewhat during the 1989 summer season, due to her illness. She states that she did not sell food or beverages, and therefore did not file any state sales tax. She states that she put out a "closed" sign in order to avoid having to sell fuel to the public, but that she continued to sell fuel to some of her regular slipholders and keyholders. This has been confirmed by Mr. John Lloyd, a slipholder who purchased fuel there in 1989, and by Mrs. Elva Williams, who lives within sight of the property and is familiar with the activities that went on there during 1989. Tax on the fuel had been paid when the underground tank was filled, so no additional sales tax was paid when the fuel was resold. Eight boat slips were rented during this time, and some thirty other people held keys, entitling them to use the boat ramp. This information was obtained from a list of slipholders and keyholders provided by Nancy Williams to Marengo, Inc., when Marengo purchased the property. Mrs. Williams states that her County property tax listings were filed in the same manner for 1989 as in previous years. The Appraisal and Business Sections of the County Tax Department confirm that only personal and real property listings have ever been filed for Williams Landing, with no change from 1988 to 1989. I therefore find as fact that the non -conforming use of the Williams Landing property as a commercial marina was not abandoned for 180 consecutive days, as the following specific activities were continued during the 1989 summer season: rental of boat slips, use of the boat ramp by paying keyholders, vehicular parking by users of the marina and ramp, and retail sales of fuel. In summary, my research served to confirm the information given me initially by Mrs. Nancy Williams and by Marengo, Inc., when I approved the site plan and building permit applications for Permit Nos. B-31503 and B-32326. While a Stop Work Order was issued on the latter permit by the Building Inspector, pending a resolution of LAMA permittina nrnh1Pmc +-h-4- >' Mr. Fred Sarav4- 3 May 22, 199 Appeal ($100 fee, area map, and list of property owners with addresses). Also, please note that the Board's Rules of Procedure (attached) state that the fourteen days are construed to have begun on the day following issuance of a building permit. In this case, the building permit was issued on March 13, 1990, and the Board may well find that the time for appeals has already expired. Please let me know if you have questions on the appeal process. Very truly yours, Ann S. Hines Chief Zoning Enforcement Officer ASH:sb-h Enclosures cc: y Division of Coastal Management Steve Breece, Marengo , Inc. S.D. Conklin, Inspections Director W. Wayne Williams, Chief Building Inspector MAR 28 1990 w OFFICE OF COASTAL NIANAGIM01 4ilit.r11i`ICITON REt;IONr,L OFFICE I � SPOIL AgEA I (GRNPGD AND GfiAS�sED � � I �RNVEL --F PAS" K*j( �o►cftJ mac. .I \v�, w�LKw►.Y _ EXIST. U►.�DER= .ROUND Fu>EL - — SToRMzE Thr•lVt • � • � PAVED RAP\P - PAVED RAF\D Isr. SOL\'WEA,D REMOVAL ;PL AN 30 0 0 a M, "Ali. y.o -8I Wig EXIST. r%T—N wi w J' / I• - / / Ex\ST• � B LDGc / 1 EXIST. / / EKI FUEL / /IspE r RrP - R►�P � r 1. 13rWK IQ 0 0 o/ 0 0 0 0 ZREMovE /RELOCATE ' \ I DREDGE LIMITS 1A50, O.O. F NOTE '. AI..L 1TEI"tS SNoWN KKE Ex\ST%VAf MAINTENANCE DREDGING, NEW B PIER IMPROVEMENTS SPLASH LANDING (formerly William SCALE: AS NOTED APPROVED BY: OArE:MARCH 1990 LOCATION: 420 LODER AVENUE, MYRTL NEW HANOVER COUNTY SL'F SHEET rVi � rr ,v� � I - S 'Fall, LpSCAP NCz I M Af1SF\ ul POW / NEW guLKNEI•.D At t y• .' N!W FLO ATN(. DOCKi ,�8" Vo T / A • to 9 • 6 • 7 • (• S 4 • 3 2 �:�... (TYP� NEW QuLKNEAD .. , �� \ DR:Da.0 L�M,TS� SEE SHEET 2 L-W. 0.0 L -1=--4,- — ,r _ — MAINTENANCE DREDGING, NEW IMPROVEMENT PLAN 30 0 30 PIER IMPROVEMENTS SPLASH LANDING (formerly Willi SCALE: AS NOTED APPROVED BY: DATE : MARCH 1990 LOCATION: 420 LODER AVENUE, MYP NEW HANOVER COUNTY M.L► W • Rv • O putt = . to FT. rFfler� n s y. D t 1. •, 3 y ?�Ii 70 A5 �! 8 Z7 pf. = lyeds. OFFICE OF COASTAt MANAGI✓Mtwi f y I WILMINGTON REGIONAL OFFICE „►„ err w I v MAKSN w �. • ry JC I � I •' i � I I i E A ST. P %ER I WavEo t<wr+P � � + iFzloot:' uaE ��'� E`A%Vr o j / � • QLD:a• x•sv. R -RAP ► g o o 0 0 0 0 0 BANK i,o �1 y t � t•� � ppoab RAt v> ✓ L.vl• O.O. NOTE'. 04L.1 ITEMS SNa,JN NAVE ['F1ST%t4(=. ex isr. MAINTENANCE DREDGING, B�KHEM Willial SCALE: AS NOTED APPROVED BY: REMOVAL .PLAN DATE: ��hp�yly D� AfJ,o,�c�TiDn UV P-DN GIB-�o� � R P �-Pce /AJ l-flt�'T� D DrEGDF- LfiDL%` "lj,�JG}A/.1r,nd 6yD)l-6 Prc--fr �JRM F- l-D GA-Tiflh , 6�1?1 " wlLL �3E Try-Wj�or�e�4 OAF proyerg tni 14;i:-n �� ertL,.� el rU , i Permit r t Class ) t%tt ..tt!! f 78-9 W J STATE OF NORTH CAROLINA k''partment of Environment, Health & Natural Resources .,�� and S 1. K9 - Co s al Resources Commission foraof =�. JUN 13 1990 % X Major Development in an Area Environmental Concern pursuant to NCGS 113A-118 OFFICE OF COASTAL "": ,%A WI.MIrr ION �EG►OtlAL C X Excavation and/or filling pursuant to NCGS 113-229 rdto Marengo, Inc. 225 Oyster Bay Lane Wilmington, NC 28403 New Hanover County at M rtl e Grove Sound and the AIWW off Lode, orizing development m as requested in the permittee's application dated 3/27 / 00 i n iue near Wilmington attached plats, 6 sheets 1 3 5 and 6 of 6 dated 3/90 and sheets 2 and 4 of 6, ified by DCM, dated 5/90. June 7, 1990 is subject to compliance with the application (where cc permit, issued on i the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these termm ject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bu]khead/Maintenance Excavation 1) The new bulkhead will be positioned in strict accordance with permit plans. order to prevent a misunderstanding of this condition, the bulkhead alignment shall be staked by a representative from the Division of Coastal Management prior to construction. 2) In order to minimize impacts on adjacent primary nursery areas, no excavatioi will be permitted between the dates of April 1 and September 1 of any year without the prior approval of the N. C. Division of Coastal Management, throe the Division of Marine Fisheries. 3) Dredging will be conducted only in the inner basin and a narrow strip east o the fuel dock.- No dredging will be conducted to the north of the existing p (see sheets 2 and 4 of 6 dated 5/90 for specific locations.) (See Attached Sheet for Additional Conditions) This permit action may be appealed by the petmittee or Signed by the authority of the Secretary of DEHP her qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commissiot suing date. An appeal requires resolution prior to work _ _ �L_ �...... ..ant• }1A �� :e: Recommendatio?. of State Permit - Marengo, _ c. "Splash Landing" I have no objections to the project subject to the followinc comments and conditions: (1) In order to protect juvenile shrimp fin fish populations, nc excavation or filling will be permitted between April 1 an( September 30 of any year without the prior approval of th4 Division of Coastal Management, through the Division o: Marine Fisheries. (2) The underground fuel storage tank shall be upgraded to meei current registration and operational requirements of tho North Carolina Division of Environmental Management. (3) Marina size and services shall not be expanded withoua proper permit review to determine consistency with the Nort] Carolina Division of Environmental Management Outstandini Resource Waters Management strategy for the Masonboro Soun( area. (4) No sewage, whether treated or untreated, shall be discharge( at any time from boats using the marina. Any sewage discharge at the marina shall be considered a violation o this permit for which the permittee is responsible. Thi; prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (5) This permit authorizes only the docks, piers, and othe: structures and uses located in or over the water that are expressly and specifically set forth in the permi- application. No other structures, whether floating o: stationary, may become a permanent part of this marine without permit modification. No non -water dependent uses o structures may be conducted on, in, or over public trus- waters without permit modification. (6) Excavation will not exceed 4 feet below the mean low wate: level. (7) The bulkhead alignment shall be staked by a representativ from the Division of Coastal Management prior t construction. (8) Boat slip number 1% appears from the drawings to b unaccessable at the water level. The applicants may wish t modify their plans to allow for slip access. dJIZVAN i MENT OF HOUSING & URBAN DEVELOPMENT 1. � FHA 2. ❑oFmHAt yr 3U❑-C ONV. SETTLEMENT STATEWNT 4. O VA 5. ❑ CONV.INS. 6. FILE NUMBER: 7. LOAN NUMf M89-558 _ 8. MORTGAGE INSURANCE CASE NUMBER: This form is furnished to give you a statement of actual settlement s. Amounts paid to and by the seKlemen .shown. Items marked "(p.o.c.)" were paid outside the closing; they 7 included in the totals. ProForm are shown here for informational purposes a. 1.4 09/86 SoftPro Raleigh NC /MARENGO E OF BORROWER: E. NAME OF SELLER: /M89-55i ango, Inc. F. NAME OF LENDER: Thomas I). Williams Thomas D. Williams -1 wife, i Nancy fI. Williams Nancy II. Williams Oyster B�y tin ton, tS. C. 2-8403 420 Loder Avenue :RTY LOCATIt)N: -- _Wilmin2 ton—r _ N. C.28403 --— ----— H. SETTLEMENT AGENT 3 & 4, Ilyramar Camp Sit is Franklin E. Martin 1. SETTLEMENT Loder Avenue ington, N.C. 28403 PLACE OF SETTLEMENT 240 Princess Street November ; Wilmington, N.C. 28402 J. SUMMARY OF BORROWER'S TRANSACTION iS AMOUNT DUE FROM BORROWER: K. SUMMARY OF SELLER'S TRANSACTION act sales AMOUNT DUE TO SELLER: ial property property 375,000.0 F4()0GR0SS t sales price 37ment charges to borrower (line 1400) 286 5 property1, 03. 4 04. 'ments for items paid by seller in advance 4 05. awn taxes to Adjustments for items paid by seller in advance ytaxes 11-21-89to 01-01-90 406. City/town taxes to Hants 73.97taxes---- County to to-407. 408. Assessments to 409. 410. 411. 412. ROSS AMOUNT DUE FROM BORROWER 420. GROSS AMOUNT DUE 3 7 6, 3 6 0.47 4 7 TO SELLER 375 VTS PAID BY OR IN BEHALF OF BORROWER: or earnest,money 500. REDUCTIONS IN AMOUNT DUE TO SELLER: tl amount of new loan(s) 501. Excess deposit (see instructions) I loan(s) taken subject to 502. Settlement charges to seller (line 1400) 503. Existing loans) taken subject to 504. Payoit of lirst mortgage loan ----- 505. Payoff of second mortgage loan ring Funds 506. 0.000 00 507. �urPrl Prnmi �...,.�._ ,,,_ ._ 5�' Pttrrh^GP Mnnav Unto J�1 BOO? PACE 1416 1644 RECORDED AIIU VEHIFIEO REBECCA P.'UCKER Y REGISTER OF D°FIS NEW HAS- ,F!; C4. NC NOV 10 12 53 PM '89 Prepared by and mail to Franklin E. Martin, Attorney at Law, P. O. Box 1049, Wilmington, NC 28402. Unless shown by his signed certificate, the preparer has not examined the title to the property. NORTH CAROLINA NEW HANOVER COUNTY WARRANTY DEED THIS DEED is made this day of November, 1989, from THOMAS DELOS WILLIAMS, SR. and wi#e—INANCY HUFHAM WILLIAMS, of New Hanover County, North Carolina, Grantor; to MARENGO, INC., a Virginia corporation whose address is 225 Oyster Bay Lane, Wilmington, North Carolina 28403, Grantee; W I T N E S S E T H THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is acknowledged, has and by these presents does hereby grant, bargain, sell and convey unto the Grantee in fee simple all of those certain lots or parcels of land lying and being in Township, County, North Carolina, and being more particularly described as follows: TRACT ONE: Being all of Lot 3 in the Subdivision of Myramar Camp Sites as per map thereof recorded in Map Book 3 at Page 10, New Hanover County Registry, to which map reference is made for more particular description. Being the same property conveyed to Thomas Delos Williams, Sr. and wife Nancy Hufham Williams by warranty deed recorded in Book 1196 at Page 1589, New Hanover County Registry. TRACT TWO: BEGINNING at a point in the Eastern line oT—AF1—en Avenue 150 feet South of the intersection of the Southern line of Loder Avenue with the Eastern line of Allen Avenue; running thence South 24 degrees 15 minutes West along the Eastern line of Allen Avenue 50 feet; thence South 65 degrees 45 minutes East and parallel with Loder Avenue 390 feet, more or less, to an iron pipe; the low water mark of the western edge of Myrtle Grove Sound; thence Northwardly along the Western edge of said Sound 50 degrees 45 minutes West and parallel with Loder Avenue 388 feet, more or less, to the point of beginning; being all of Lot or Tract No. 4 of Myramar Camp Sites according to a map by W.R. Allen C.E., recorded in the New Hanover County Registry in Map Book 3 at Page 10; together with all the rights, title, and interest of the party of the first part in and to all land lying immediately to the Eastward of the Lot or Tract No. 4 between the Eastern boundaries of said Lot or Tract No. 4 and the right of way of the Inland Waterway between the North and South boundaries of said Lot or Tract No. 4. Being the same property conveyed to Thomas Delos Williams, Sr. and wife Nancy Hufham Williams by warranty deed recorded in Book 1184 at page 376, New Hanover County Registry. This conveyance is made subject to that certain deed of trust dated April 15, 1981, executed by THOMAS DELOS WILLIAMS, SR. and wife, NANCY HUFHAM WILLIAMS, in favor of LLOYD S. ELKINS, JR., Trustee for ELVA R. WILLIAMS, securing indebtedness in face amount $56,000.00 and recorded in Book 1184 at Page 378, New Hanover County Registry. WW M+M0 9% CouMrr 1 3 8 9 8 5 �Z v, ma T Q g O =o s D 7,1 M 0 Buoy RArE 1476 1645 of record; and all applicable zoning and land use ordinances, statutes and regulations. AND the Grantor, for himself, his heirs and assigns, covenants with the Grantee, its successors and assigns, that the Grantor is seized of the premises in fee and has the right to convey the same in fee simple, that the same is free and clear from all encumbrances, except as set forth herein; and that the Grantor does hereby and will forever WARRANT and DEFEND the title to the same against the lawful claims of all persons whomsoever. AS USED HEREIN, the masculine gender shall be deemed to include the feminine, the singular the plural and the plural the singular. IN WITNESS WHEREOF the Grantor has hereunto set his hand and seal the day and year first above written. Thomas Delos Williams, Sr. a cy Hu am W' Hams NORTH CAROLINA NEW HANOVER COUNTY I, T #a --sod , a Notary Public, do hereby certify that Thomas Delos Willians, Sr. and Nancy Hufham Williams personally appeared before me this day and acknowledged the due execution of the foregoing Deed for the purposes therein set forth. Witness my hand and notarial seal, this 10'14- day of November, 1989. My commission expires: Notary Public STATE Of NORTH CAROUNA New Hanauer CQUOY The F=e@ra6/Annaed C!ltfic11e(s) of NdYy (NoftrMW P"k s/M& OwhfiW b becm.w NORTH C U OLINA TRUSTEE'S DEED MR HANOVER COL " THIS TRUSTEE'S DEED is made this 7th day of May, 1991, by and between FRANKLIN E. MARTIN, Trustee, of Now Hanover County, North Carolina, GRANTOR, and THOMAS DELOS WILLIAMS, SR. and wife, NANCY RUFHAM WILLIAMS. whose address is Post Office Box 4076, Wilmington, North Carolina 28405, GRANTEES; 91' 11rNIS8RTH; WHEREAS, on November 20, 1989, Marengo, Inc., a Virginia Corporation, executed a Deed of Trust to FRANKLIN E. MARTIN, Trustee, which was recorded in Book 1476 at Page 1646. New Hanover County Registry; and WHEREAS, the indebtedness secured by the Deed of Trust being overdue and unpaid, and the holder of the indebtedness having called upon the GRANTOR to foreclose the deed of trust, and after service of Notice of Hearing on all parties entitled to notice, after a hearing before the Clerk of Superior Court of New Hanover County on April 2, 1991, and the entry of an Order Permitting Foreclosure by the Clerk on April 2, 1991, and after due advertisement as required by law and the terms of the Deed of Trust (the Notice of Sale having been nailed to all parties entitled to notice), and after posting and orally conveying notice of a 24-hour postponement of the scheduled sale to all parties entitled to notice, the GRANTOR offered the land and improvements for sale at the New Hanover County Courthouse door on April 24, 2991 at twelve o'clock noon, when and where Thomas D. Williams, Sr. and Nancy H. Williams became the last and highest bidder at the price of $357,283.56; and WHEREAS, a report of the sale was made to the Clerk of Superior Court on April 24, 1991, the bid remained open for more than ten (10) days and no upset bid was made, all of which will appear by reference to File No. 91 SP 100 in the office of the Clerk of Superior Court. NOW, THEREFORE, in consideration of THREE HUNDRED FIFTY SEVEN THOUSAND TWO HUNDRED EIGHTY THREE AND 56/100 DOLLARS ($357,283.56), the receipt of which is acknowledged, the GRANTOR has and by these presents does grant, bargain, sell and convey unto the GRANTEES those certain parcels of land, together with all improvements situated thereon, located in Federal Point Township, New Hanover County, North Carolina, described as follows: TRACT ONE: BEING all of Lot 3 in the Subdivision of Myramar Camp Sites as per map thereof recorded in Map Book 3 e� at Page 10, New Hanover County Registry, to which �7, ly map reference is made for a more particular . .6 c CV)description. Being the same property conveyed to o:.' Thomas Delos Williams, Sr. and wife, Nancy Hufham Williams s . n by warranty deed recorded in Book 1196 at ;amPage 1589, New Hanover County Registry. oc�!' TRACT TWO: �a6E 50 feats tbeace South 65 degreet.45..nimatea Bait aod;. Parallel With Loder Avenue 390 feet, moftGe low :. to an iron pipes the low water mark of the veatMa.. edge of Myrtle Grove Sounds theme northwardly aloes "'- the western edge of said Sound SO feet, more or less, to an iron pipes the North 65 degrees 45 r minutes Meat and parallel with Loder Avenue 388 feet, more or less, to the point of beginning= being all of Lot or Tract No. 4 of Myramar Camp Sites •- according to a map by w. x. Allen. C.E., recorded in the Now Hanover County Registry in Nap Book 3 at Page 10s together with all the rights, title and interest of the party of the first part in and to all land lying immediately to the eastward of the Lot or Tract No. 4 between the eastern boundaries of said Lot or Tract No. 4 and the right of way of the Inland Waterway between the north and south boundaries of said Lot or Tract No. 4. Being the same property conveyed to Thomas Delos Williams, Sr. and wife. Nancy Hufham Williams by warranty deed recorded in Book 1164 at Page 376, New Hanover County Registry. TO HAVE AND TO HOLD the lands and premises and all privileges and appurtenances thereunto belonging to GRANTEES in as fall and ample a manner as the GRANTOR, as Trustee, has the power to convey the same, subject, however, to all prior liens of record, Including, but not limited to, the following: the lien of New Hanover County ad valorem taxes for 1990 and subsequent yearns utilities easements and restrictive covenants of record, if anys and that certain Deed of Trust to Lloyd S. Elkins, Jr., Trustee for Elva R. Williams in the original principal amount of $56,000.00 dated April 15, 1901 and recorded in Book 1184 at Page 378, New Hanover County Registry. IN TESTIMONY WHEREOF, the GRANTOR has signed and sealed this instrument the day and year f rat above written. (SEAL) rankl n E. Martin, Trustee NORTH CAROLINA NEW HANOVER COUNTY l tt. c\►. �. \•��,fl _ a Notary Public, do hereby certityl tat FRANICLIN S. MARTIN, Trustee, Personally appeared before me this day and acknowledged the due execution of the foregoing Trustee's Deed. 1991. Witness my hand and notarial seal this 7th day of May, My commission expires: .411►. __ t !� STATE OF NORTH CAROLNA New Hanev" County Este F«esoing/An-MMd certdwaoe4, No'-YVdA ia/a.eaerti6ed ti tL RECORDED RN _k F VARY Su BOOK -dv PAGE RECISTEROF D=EDS NEW HANOVER CO. NC. J i 717 0 9 7 8 .93 Nov 9 PPi 3 38 NEY NAt10!'ik CQ 11-99-93 #371.00 STAM OF TH P,NA 10 Real Estate Excise Tax >;Y 4- 1ti Recording 71me. Hook and Page Tax Lot No. 7908-002-008-000 _ . Parcel Identifier No. .......... Verified b y 7909-002-009--000 , - ... _. County on the day of ....... _. _ 18 by.. ... ...... Hail after recording to Miulre�io. .. ...... ..... ... .. .... _.... .... .... .. _ __ . . ... _................................. I ........ _. _ .. _ _... _ .... _ _........ This instrument was prepared by James D. Smith, , 105 P. Front__ Street,....Wi lmington, .NC 28401 Brief description for the Index 000149 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .. ...... day of . _..November ....... 19. 93 , by and between GRANTOR GRANTEE Thomas Delos Williams, Sr, and wife, Nancy Hufham Williams Ronald Ray Strickland (unmarried) and Carol Bryant Lewis (unmarried) 420 Loder Avenue Wilmington, NC 28409 Enter In appropriate block for Sack party: BREW, adores, ssd, it appreprlste, ekiarsetw of entity, eq. eorpersilen at partnersklp. 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. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain :..t ur parcel of land situated in the City of Federal Point Township, New Hanover County. Korth Carolina and more particularly described as follows: All of those two tracts more fully described on the attached Exhibit A. BOOK PAGE 1717 0979 The property hereinabove described was acquired by Grantor by instrument recorded in ...... ..........- Book 1549 Page 225 New Hanover County Registry. A map showing the above described property is recorded in Plat Book. _ 3 page 10 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 1993, restrictions and easements of record, and zoning and land use ordinances of New Hanover County. LN WITNESS wNtaaof. the Grantor her hereunto met his hand and "Mi. or It eorporam• has caused this Instrument to be signed In itscorporate name by Its duty arthor4ed Officers and Its seal to be hereunto at1hN 'T.•aath sty of Its Board of Directors, the day sad year lint a►ove written.91 (Cor"Isto Name) .7 omas D o W i 11 i:ia5 5 • r . Br ---•--•-•----------------------------------------- fC�Sr��^tsEttw .rew..t Na H ham ill iams gi ATTEST: --------------------------------------------------------------(SEAL) .,-_...-.._-_1. :.r,.:.... .____------------------------------------- _--.._�,. a:JlVtw,�:.;e:_c__SeerNaq (Cerporate feaq yip "t nh .. "i....... ............ _......................................... (SCAL) BOBTN CAROLINA, .4_� '[.._.l...._ __4 ______County. oTAI;�.';', _ :: i• a Notary Public of the County sad state aforesaid. eertuy that --------------------------------- Thomas Delos •--•---------•--•-•- ---- • = an agcy_ dgl__ A 1_aloli_..__craster. s w•�,' ; .-, personally appeared betore me this day and mcaaoetedged the execution of the tonguing Instrument. witness my �;. ' ..... •••,�'�� 7 cams and Official sump or seal. this ........ day of ------------------------. u_.93. `'••.'. •.•..•.•a-,•. MY commission eaplrea: lta i:__... .._------- - _ -'r • /Notary Public SEAL -STAMP Nostril CAROLINA• ---------------------------------- County. t. a Notary rnbUc of the county and state aforesaid, tertuy that ------------------------------------ ------ personally came betore we this day and ochnowkitged that ____ he Is ___________________________ secretary of ----------- _----------- _......................... a North Careflna corporation, and that by authority duty siren and as the act of the corporation, the foregoing Instrument was Signed In its same by its ............... rreswrnt• staled with Its corporate seal and attested by ...... _____ as Its --------------------------- secretary. witness my band and official stamp or "al. this ------- day of ________________----------- Is --------- BOOK PAGE 1717 0980 EXHIBIT A TRACT ONE: BEING all of Lot 3 in the Subdivision of Myramar Camp Sites as shown on a map thereof recorded in Map Book 3 at Page 10 of the New Hanover County Registry. TRACT TWO: BEGINNING at a point in the eastern line of Allen Avenue 150 feet south of the intersection of the southern line of Loder avenue with the eastern line of Allen Avenue; running thence South 24 degrees 15 minutes West along the eastern line of Allen Avenue 50 feet; thence South 65 degrees 45 minutes East and parallel with Loder Avenue 390 feet, more or less, to an iron pipe; the low water mark of the western edge of Myrtle Grove Sound; thence northwardly along the western edge of said Sound 50 feet, more or less, to an iron pipe; thence North 65 degrees 45 minutes West and parallel with Loder Avenue 388 feet, more or less, to the point of beginning; being all of Lot or Tract No. 4 of Myramar Camp Sites according to a map by W. K. Allem, C.E., recorded in Map Book 3 at Page 10 of the New Hanover County Registry; together with all the rights, title and interest of the parties of the first part in and to all land lying immediately to the eastward of the Lot or Tract No. 4 between the north and south boundaries of said Lot or Tract No. 4. To: Rob Mairs Comments on "Major Development Permit Application" (Robert Hesch, 414 Loder Ave.) From: Ron Strickland 418 Loder Ave. Wilmington, NC 28409 I own the 50' lot immediately southward of Robert Hesch's (applicant) subject property. I also own the next southward 50' known as "Williams Landing". When I bought these lots including "Williams Landing" I had over 50 members using the -boat ramp at $300.00 each, I gave up this income in order to minimize impact on the residential quality of the neighborhood. I also eliminated boat trailer storage on the lot that abutted Robert Hesch's property. All this was done to help the neighborhood maintain its residential quality. Therefore, I have to object to the creation of 6 slips on the adjacent lot. Does six slips mean six trailers? Where do they park? How are they going to turn around on 50' lot? The applicant lists his mailing address as 414 Loder (same as subject property) however, he does not live there. Therefore, I am proposing this application for six slips is not a residential need. I have no problem with applicants desire to maximize his investments in Loder Ave. properties, but not at the expense of the neighborhood. Also, the location of these slips are on the narrowest portion of the I.C. W. W. with the recent addition of Loder Landings slips, we now have almost 40 slips occupying a mere 350' of frontage. I see near misses daily in the summer. We don't need to add to the congestion of this area. Also, I am not a marine biologist, but locating a lift where the mean low water is zero feet is illogical and environmentally counter productive to the goals and purpose of C.A.M.A. FIM Respectfully Yours. ell% /& 5 cia Ron Strickland March 29, 2007 (910)512-7512 1 Wlltl�TlT LVUI.I AYGIILLG Subject: CAMA Permit 414 Loder Avenue From: "Brad Southerland"<bsoutherland@chadwickinsurance.com> Date: Wed, 28 Mar 2007 14:16:17 -0400 To: <robb.mairs@ncmail.net> To: CAMA Permit Officials Please consider this email a formal request to deny approval of the proposed application for the following reasons: This is one of the most narrow parts of the entire ICW system. Ron Strickland, adjacent to the south side of the applicant, owns a 12 slip marina. Loder Landing, adjacent to the north side of my property has a 20 slip marina. It is very congested along this critical navigational point on the ICW. You should see how tight it is when the barges come through. Additional boats will only congest and interfere further with navigation. The location of both his proposed boat lifts will sit over exposed mud for much of the day. The area under his proposed larger lift is right over an oyster bed that sits exposed for a large portion of the day. I am baffled as to why he would want to have his lifts sitting over dry mud and oysters. My lift is a good 20 feet or so further into the water and I cannot get my 20 foot boat off of my lift 2 hours before or after low tide. So I just don't understand why he would want to create a slip that would be useless for most of the time. Further, regardless of stops, the applicants lift and boat will affect the substrate, oyster beds, and will cause significant prop scarring of the substrate. The applicant owns three properties on Loder Avenue (2 of which are for sale). I am concerned that he is trying to obtain 6 slips to then deed these slips to his other properties for sale to increase their value since he has not been able to sell them as is. This would basically create another marina beside me for potentially 3 families, their boats, and any guests and guest boats, etc. on an R-15 single family lot. To my knowledge, the applicant only owns one boat approximately 20 feet long. Why would he need 6 slips for his personal use? Does he plan to rent the slips out for income as a business? My lot is R-15 single family and I have two slips for my family as intended. His lot is exactly the same and he already has 4 slips and still just one boat. I would like to make a point that I am not opposed to the applicant having boat lifts or a gazebo. If he were to put the boat lifts over the water like most would do and maintain his 4 existing slips, then I would not oppose his application. 0- Thank you for considering my points. Sincerely, and 3. Also complete alivery is desired. tddress on the reverse the card to you. 3 back of the mailpiece, :e permits. � ,/V Y41 X () ❑Agent ❑ Addressee B. Deceived by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: 0 No� 3. Sap&e Type fff Certified Mail O Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes iep 7007 1490 0001 2198 8612 ry 2004 Domestic Return Receipt 102595-02-M-1540 i HIS SECTION -i COMPLETE THIS SECTION ON DELIVE id 3. Also complete A. natu very Is desired. ❑ Agent dress on the reverse 0 Addressee to card to you. B. Received by (Printed Name) C. Date of Delivery Sack of the mailpiece, permits. D. Is delivery address different from item t? ❑ Yes It YES, enter delivery address below: ❑ No 3. S2plce Type C TO Certified Mail ❑ Express Mail �} ( 0 Registered ❑ Return Receipt for Merchandise i &R, 0 latv A-W-W a[D FVU 004k C. cAvo N NAZI GAtl •�l�'� MA 7. APO I I cww cKANat .-N W-AW429-1.1 A, ■ • .. �•I' r%lqivw�^ t e � � ♦y S� a •` H �1 '! w�;w.« t i t '� 3 � • y . i NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 Chris O'Keefe, AICP Dennis Bordeaux Ken Vafier, AICP Planning & Inspections Inspections Manager Planning Manager Director October 23, 2014 Mr. Robert Hesch 414 Loder Avenue Wilmington, NC 28409 RE: 418 and 420 Loder Avenue Mr. Hesch, This letter is in response to your email to Patricia Roberts, Zoning Compliance Official with New Hanover County Planning and Inspections on September 26, 2014. Please allow me to respond to the four questions from your email: 1. Are structures and slips being removed from the existing old half and transferred to the new half in order to not increase the non -conformity? The new dock facility on "Lot 3" is considered a new use defined as a Residential Private Pier per the New Hanover County Zoning Ordinance. The facilities and amenities on "Lot 4" now wholly comprise the legal, non -conforming use of Commercial Marina. The new development on "Lot 3" is not increasing the degree of the non -conforming use now limited to "Lot 4". 2. Since more than 50% cost of value is being added to a non -conforming structure, will all Williams landing structures becoming conforming or at best, less non -conforming? The requirement mentioned in the question is a regulation of the New Hanover County Flood Ordinance and pertains to residential structures in flood hazard areas and not to residential or commercial docking or boating facilities. 3. Are all "grandfather rights" referenced in the 1990 letter now forfeited? ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ 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: mi- � `Ter+ I+� ,, Lt� `t woER w ► L--m t ►v (-,Tpt,4 M C 2. Article Number (Transfer from service label) PS Form 3811, February 2004 A. Signature 6. ceived by (P77nte Name D. Is deli add ffe n If YES, e elf re 5 3. Service T . gent ❑ Addressee kDa a of Deliv ry ? Yes ❑ No IS�L� j� - Q�Certified i `,`" E re it ❑ 1", Receipt for Merchandise ❑ Insured C D 4. Rest ivery? (Extra Fee Yes 0 00701101100 9947 1539 Domestic Return 102595-02-M-1540 .(Domestic Waits �:or delivery information visit our website at www.usps.com,... MHCDO Postage $ Certified Fee Ronnie Smith / Return Receipt Receipt Fee Here, — ndorsement Required) L P O I J lestricted Delivery Fee idorsement Required) rota) Postage & Fees $ D W Review rnt To (� .rest, Apt �- =" 1 Scan to DMoye C PO Box No. '_iLy_._�R I�I�LL Form 3800, ALIgust 2006 See Reverse for Instructions