HomeMy WebLinkAbout59268D - B&D InvestmentsCAMA / ❑ DREDGE & FILL
'ENERAL PERMIT Previous permit#
New Modification [-]Complete Reissue ❑Partial Reissue Date previous permit issued
arized by the State of North Carolina, Department of Environment and Natural Resources
Coastal Resources Commission in an area of e viro e con ern pursuant to I SA NCAC H ' 2-104) � / Rules attached.
nt Name D TnV/S/f►ICrr tS i Lt Ue;07;0/ Project Location: County /�.7
Street Address/ State Road/ Lot #(s)
State ziP�YMII% 5C'2 C�Cs��•r f/fit
� (�N) 2 Fax # ( )
zed Agent V myt4
F- CW rJ EW WTA U ES ❑ PTS
i ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
PWS: ❑ FC:
yes /(fi9i' PNA yes /eTo Crit.Hab. yes /0
of Project/ Activity
jock) length
b %C 04
EMW �C
pier(s)
length �.
lumber
Sad/ Riprap length_
wg distance offshore
nax distance offshore
channel
:ubic yards_
amp
ause/ Boatlift
Bulldozing
ine Length
not sure yes no,3
rn
Subdivision
City !�/�ai'l,l`SYI��!Plil� zip;
Phone # (/G) 2317�/k River Basin
Adj. Wtr. Body ,,�AV Jn4i-0 (nat
Closest Maj. Wtr. Body����'����
V//
(Scale:
igs: not sure yes
arium: n/a yes _
es no P
'Attached: yes no YI ! 0
Fye'ee,r,e"l --� ^ O_w� /
ling permit may be required by% T22tdl:! T if r�iRl/i�t5 ille / ❑ See note on back regarding River Basin
.. ./ CA-1 f �nrli -i— // /i /'0 i �-/ / / �%�i it — .n // i 1 4/dti `Le-/i Z/ O
it
Permit #:��
tribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
d in your Habitat code sheet.
tat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft. FINAL Sq. Ft.
(Applied for. (Anticipated final
Disturbance total disturbance.
includes any Excludes any
anticipated restoration
restoration or and/or temp
temp impacts) impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount)
Dredge El Fill ❑ Both ❑ Other
ed❑ Fill ❑ Both ❑ Other
DLEJ
ill ❑ Both ❑ Other ❑
ill ❑ Both ❑ Other ❑
ill ❑ Both ❑ Other ❑
ill ❑ Both ❑ Other ❑ill
❑ Both ❑ Other ❑ll
❑ 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 ❑
,
tj
b , r" —eRm, nl ..,__ •�i •••• �� i+ >IIiIIII ii5 ��M1�4".
i i e+[ _ _ _ ..._ — _-` �. + - - - ISM'' !�. `� . ►i=
irs, Robb L
n: Michael Berard [berard@mindspring.com]
It: Tuesday, May 15, 2012 3:03 PM
'Jimmy North'
Mairs, Robb L
ject: RE: Estimate
chments: SScanner212051522440. pdf
a
pe that you are well. It looks like we may finally have a dock.
✓e attached a copy of the executed contract. I am authorizing Jimmy North as my agent to obtain a permit.
u need additional information, please don't hesitate to call me, 919-949-3722.
iks,
iael Berard
n: Jimmy North [mailto:jimmymnorthCabgmail.com]
t: Monday, May 14, 2012 12:44 PM
Michael Berard
jest: Re: Estimate
hael,
MAY 15 2012
DCM WILMINGTON, NC
-r meeting with Robb from CAMA today he requested the following from you.
copy of the executed contract
one liner stating that I am your authorized agent to obtain the permit
>u could email this to him I can obtain the permit.
nks,
ny
Fri, Apr 27, 2012 at 2:28 PM, Michael Berard <berard(amindspring.com> wrote:
ly,
,e attached the Riparian Easement Agreement from Debbie Walker. This agreement has not been executed yet
hael
-q4q-'1722
m: Jimmy North [mailto:iimmymnorth@gmaii.com]
It: Wednesday, April 25, 2012 3:58 PM
Michael Berard
eject: Re: Estimate
;hael,
-r going over the pricing for the pier, I can still do the job for the same amount of $11,200.00
the permit costs.
)uld need a letter stating that D. Walker is waiving the 15' setback., a agent authorization form
wing me to obtain the permit for you through CAMA (I have a form letter for this), and I can get the to,
. the other notification letter. If you have any other questions, please contact me.
riks,
ny
-231-8514
Apr 20, 2012 at 3:50 PM, Michael Berard <berard�mindspring.com> wrote:
iy,
!'s the old estimate that you gave us to build our dock (502 N. Channel). Please review and confirm the estimat
-949-3722
m: Jimmy North[mailto:jimmymnorthCcbgmail.com]
it: Tuesday, April 19, 2011 6:15 PM
Michael Berard
eject: Re: Estimate
:hael
ologize for not responding to you earlier about this proposal.
hereby propose to furnish the materials and perform the labor necessary for the completion of the 6' x E
and deck area as follows:
and pilings set on 8' centers - 2 x 8 stringers and
ers
x 6 routered decking
ainless steel nails and galvanized bolts
mdrail on both sides of the pier and around the deck area consisting of
x 4 posts, 2 x 4 runners, and a 2 x 6 cap board
cost of this construction is
price does not include permit fees
4A fees--$250.00 Building Permit--$225.00
$11,200.00
cost to repair Debbie Walker's pier would be $1050.00
place wheels under ramp
ou have any questions about this proposal please call me at 910-231-8514.
ink you for the opportunity to offer this proposal.
cerely,
my North
istal Marine Construction
Mon, Apr 18, 2011 at 9:02 PM, Michael Berard <berard _,mindsprin .com> wrote:
my,
>d evening. Any idea when you can get me the estimate for building the pier/platform and repairing the
ting dock?
hael
RECEIVED
RECEIVED
MAY 15 2012
DCM WILMINGTON, NC
PARCEL R05720-002-005-000
REVENUE STAMPS $80 00
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
20 o15966
tMr�urn
;FOR REGISTRATION REGISTER OF DEED
ISH
NEW Hq OVER COUUNNTTYY, NC
02 PM
9K 5640 PGA1512-15195FEE- 00
NC REV STAMP - $SO 00
INSTRl F I NT16966
RIPARIAN EASEMENT AGREEMENT
THIS RIPARIAN EASEMENT AGREEMENT ("Agreement") is made this I q A
day of �� , 2012, by and between DEJ30RAH E. WALKER, unmarried ("Walker") and
AdLB&D INVESTMENTS, LLC "B&D" Gro.M tt 2-,4 j(r s�
( ), Z324 'ahs� S� . , Nkh�sville, ikL, 3S-8c 1
WITNESSETH
WHEREAS, Walker is the owner of certain real property described in that deed
recorded in Book 2689, Page 751 in the office of the Register of Deeds of New Hanover County
(the "Walker Property"), and
WHEREAS, B&D is the owner of certain real property described in that deed
recorded in Book 4487, Page 91 in the office of the Register of Deeds of New Hanover County
(the "B&D Property"), and
WHEREAS, B&D desires to construct a pier for use by B&D (the "B&D Pier"),
which pier will extend eastwardly from the easternmost boundary of the B&D Property toward
the pier head line of the Town of Wrightsville Beach substantially as depicted on Exhibit A
attached hereto,
WHEREAS, Walker desires to maintain a pier for use by Walker (the "Walker
without the pnor written consent of Walker. The Joint Dock Use Agreement referred to herein
has been executed but not yet been recorded, and until such time as the same is recorded,
Walker's written consent will be required to increase the footprint of the B&D Pier Any
conveyance of the Walker Property shall be subject to the terms of the Joint Dock Use
Agreement, which terms are incorporated herein by reference Notwithstanding the foregoing, if
the Joint Dock Use Agreement is not recorded by October 25, 2013 said Joint Dock Use
Agreement will be null and void and of no further force and effect
2 With respect to the Walker Pier
a. To the extent necessary, B&D grants to Walker a perpetual,
appurtenant, non-exclusive easement over the riparian area appurtenant to the B&D Property for
the construction, use, maintenance, repair, and replacement of any portion of the Walker Pier
extending into the riparian area designated as "CAMA Riparian Line" on Exhibit A
b Walker shall be solely responsible for all costs associated with the
maintenance of the Walker Pier, including all application and permit fees The Walker Pier shall
remain in the location, substantially as depicted on Exhibit A, and all repairs and replacements
shall be in the same location By execution of this Agreement, B&D consents to the
maintenance and use of the Walker Pier and waives any setback objection required to be waived
as a condition of permit approval by DCM, the Town of Wrightsville Beach, or any other
applicable governmental agency B&D agrees to cooperate with Walker in furtherance hereof by
expeditiously executing any documentation reasonably requested of them by DCM, the Town of
Wrightsville Beach, or any other applicable governmental agency
c Walker shall be solely responsible for the maintenance and repair
of the Walker Pier In the event the Walker Pier is destroyed by storms or other casualty, Walker
shall be entitled to, but shall not be required to, replace the Pier in a location approved by DCM,
the Town of Wrightsville Beach, and any other applicable governmental agency, and otherwise
subject to the terms of this Agreement
16in,aal e . Who (SEAL)
De orah E Walker 176 0'?&W C
STATE OF
COUNTY OF
I certify that the follhwin ons(s) personally appeared before me this day, each
acknowledging to me that she signed the foregoing document for the purpose(s) stated therein, in
the capacity indicated therein Deborah E Walker
Date 7�
0SzPgnurPj=oIaryPubIic"
Notary's printed or typed name
My commission expires 1% %
(Official Seal)-�...J
4t,R CA)
: •• :qs t,
0 tl jF jr'a
Notary seal or stamp must appear within this box
EXHIBIT A
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CERTIFIED MAIL — RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MA--NAGEITENT
ADJACENT RIPARIAN PROPERTY OWNER STATEN ENT
I hereby certify that I own property adjacent to d „� o e s �.� s
(dame of Property Owner)
property located at SD -;�L-
(Lot, Block Road, etc.) /
on gti�cs l//��G vNG� ,in /Ji, [gsI!'le �CN.C.
(Waterbody) (Town and/or County)
Applicant's phone #: Mailing Address:
He/She has described to me as shown below the development he/she is proposing at that location,
and I have no objections to the proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPINIENT:
(Individual proposing development must fill in description below or attach a site drawing)
�' // ,n (' /c(/
ly l k C] D I e ." GZ> (, C. x / �( CJ C� C Ccl �'Cc G U �' [
MAY 18 2012
DCM WILMINGTON, NC
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writi
within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext. Wilmington, NC
DCM representatives can also be contacted at (910) 796-7215.
No response is considered the same as no objection if you have been notified by Certified Mail
(Property Owner Information)
xS i�rfatur�
Print or Type�Name
(Riparian Property Owner Information)
Signature
Print or Type Name
to 3
Mailing Address
Mailing Address
1\ •\ \ J NOTES:
1. THIS LOT GI(STLLOCCAA�TE`D IN ZONE�•AR-�1E00' (EL.12)
ACCNT
AGENCYS CL7T00"110SOI R1'lE'RIl<PY MANAGE COMMUNITY
P ��� \ '!• PANEL NUMBER 1753BI 0001 O, DATED: 1-20-0.
2. TOTAL SITE AREA 0.13 AC.t
3. RATO OF
PRECISION - 1:10.000 ♦.
JJ 1. HIGH WATER UNE NOT LOCATED AS A RESULT OF THIS SURVEY.
S A IN 90 DAYSCBS ON �27-134 WILL EXPIRE
A. LINE MUST I E ULVERFED BEFORE CONSTRUCTION.
6. ALL SETBACK LIES MUST BE VERIFIED BY THE APPNOPIATE GOVERNMENT
\ \ \ AGENCYS PRIOR TO DESIGN AND/Olt CONSTRUCTION.
T. EXISTING STRUCTURES ARE NIENTIONALLY .1 SHOWN ON THIS PROPERTY
\ AS A RESAT OF THIS SURVEY.
\ \ f
1. RIPARIAN NOTES.
ACCCORDING TO JON GILES WTH THE TOM OF WRIGHTSVILLE
BEACH RIPARIAN LINES ARE ESTABLISHED SIMPLY BY EXTENDING
\ \ PROPERTY LINES TOWARD PIER HEAD LINE.
/ 2. ACCORDING TO .ASON DALE, DEPARTMENT OF COASTAL MANAGEMENT, CAMA
\ \ / RIPARIAN UNES ARE DETERMINED BY EXTENDING A LINE PERPENDICULAR
FROM THE CHANNEL LINE TO THE -CORNERS OF THE PROPERTY.
/ •INTERSECTON OF PROPERTY UE WITH MEAN HIGH WATER UNE.
\ / \ 3. ANY CONSTRUCTKJN ENCROACHING IN THE 15' SETBACK
/ MUST HAVE A WITTEN, NOTARIZED WAVER EXECUTED BY
\ APPROPIATE ADJACENT PROPERTY OWNERS
\ \ / ♦. IN ORDER TO CONSTRUCT IN NEIGHBORS RIPARIAN CORRIDOR
A WRITTEN, NOTARIZED STATEMENT OF PERMISSION MUST BE
X Z OBTAINED.
/ • \ 'F A' \ 5. CONTACTS FOR PER PERMIT:
\ ^ 1. ROBS HAIRS
DEPA7a COASTAL MANAGEMENT (910)96-7
/ - PZ \ Z. 7ERYN0M HOLLER
�I 4� � TOWN OF75NLLE BEACH -793
r.
ppI \ 6. CAMA RIPARIAN LINES SHOWHEREON ARE DISPLAYED PERPENDICULAR \ 1v TO THE WRIGTNSVILLE BEACH PIER HEAD LINE. (PER JIM GREGSON)
\ I O O4 y \ x. 7. MHW ELEVATION AS SHOWN HEREON IS RELATIVE TO TIDAL BENCH MARK
Z0.
-C 16Y (NGVD'29 DATUM) SEE PRO EAD531, VM:17528, STATION ID B658153
P
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BY JON GULFS ON h27— \
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RE -VERIFIED BY: I
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1 LOCATION MAP Nor TX
L-EGEN �
o ` XISTIIG IRON
-x- ENCE
• EXISTING FLING
TABLE DISCLOSING LOCATIO
OF FOUND PROPERTY CORN
FROM SAME AS INDICATED 1
MAP BOOK A PAGE 1
BAg CdIRL PORT
LANE CONiRQ POII
Q NNNI'Sn 0.61'
®S57LI'OCW Od
SN051SWE 155'
NX'54'39'E 060'
m W501VOS-E 0.0T
®N1019YrN Q70'
Q M2173'26Y' 11Y
Q SAAY5'51i 05Y
® S7657051 191Y
NOTE: THE ABOVE nGjQES WERE DEMM1FD
RON AN ACTUAL SURVEY USING ODNTROL
POINTS AS SHOW HEREON HITHIN THIS
SUEDM90N AS INE CONTROL BASE,
BEARINGS AND BSTANRS OTHERWISE S HO
HEREON ARE FROM MAP BOOR 3, PAGE I
ANDARE NOT TE RESAT OF AN ACTU SURVEY
BY ME.
SPEOM NOT::
CONCERNINGATTENTION SHOULDESIGND BE FOGISED 0N�
RELAINE TO PROPERTY COMERS LOOTKN
DIX105FD HEREON.
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MAY 15 2012
DCM WILMINGTON, N(
\1�11"IiI0_>"
JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
RRtt}tRRRRYRRtRyltttfffyf Rfklftft*RtfR#}t*RR***RtRR*t}RR*ytRRRy**;R4tfRRtyflRt#t;#Rt*tf#*ttRtf#*i*}f*****#*tRR4R******
Filed For Registration
Book.
Document No..
REAL ESTATE EXCISE TAX
Recorder:
05/1412012 03-25-02 PM
RE 5640 Page- 1512-1519
2012015966
8 PGS $26.00
$80 00
JOHNSON, CAROLYN
ate of North Carolina, County of New Hanover
'_EASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
B&D INVESTMENTS LLC
By.
Ricky Dworsky, M ag
By:
chael erard, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
i certify that the following persons personally appeared before me this day, each acknowledging
to me that they signed the foregoing document for the purpose(s) stated therein, in the capacities
indicated therein: Ricky Dworsky and Michael Berard
Date:
Signatur fNotaryPublic
Nr'..4 "q fte 6e--)
Notary's punted or typed name
My commission expires:
{Official Seal)
. ` 7-4,y
�'9,
rn IV,
Wxdm�'�
o no,Cc �
Notary seal or stamp must appear within this box
4 It is recognized that the parties' remedies at law may not be adequate in
the event of a breach of this Agreement Accordingly, the parties agree that specific
performance of this Agreement is a proper remedy in the event of a breach or default
The parties agree to execute any and all other further documentation
required to give effect to the terms of this Agreement, and to otherwise cooperate with each other
in furtherance hereof
6 This Agreement shall be performed in the State of North Carolina, and the
parties hereto agree, notwithstanding the principles of conflicts of law, that the internal laws of
the State of North Carolina shall govern and control the validity, interpretation, performance, and
enforcement of this Agreement. Further, the parties hereto agree that any action relating to this
Agreement shall be instituted and prosecuted only in the courts of the County of New Hanover,
State of North Carolina, and each consent to the jurisdiction of said courts and waive any right or
defense relating to such jurisdiction and venue
7 This Agreement shall be considered to have been prepared equally by the
parties hereto and shall not be construed more strictly against either party, regardless of which
party was responsible for its preparation This Agreement may only be modified by written
agreement between the parties.
IN TESTIMONY WHEREOF, the parties have caused this Agreement to be
executed under seal in a manner so as to be binding, this the day and year first above written
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
WHEREAS, the parties execute this Agreement to provide for the construction
and use of the B&D Pier and the maintenance and use of the Walker Pier
NOW, THEREFORE, in consideration of the premises and for and in
consideration of the mutual promises and covenants herein contained, the parties hereby do agree
as follows
With respect to the B&D Pier
a To the extent necessary, Walker grants to B&D a perpetual,
appurtenant, non-exclusive easement over the riparian area appurtenant to the Walker Property
for the construction, use, maintenance, repair, and replacement of any portion of the B&D Pier
extending into the riparian area designated as "Town Riparian Line" on Exhibit A
b B&D shall be solely responsible for all costs associated with the
construction of the B&D Pier, including all application and permit fees The B&D Pier shall be
constructed in the location permitted by the North Carolina Department of Environment and
Natural Resources, Division of Coastal Management ("DCM"), the Town of Wrightsville Beach,
and any other applicable governmental agency, substantially as depicted on Exhibit A, and all
repairs and replacements shall be in the same location By execution of this Agreement, Walker
consents to the construction of the B&D Pier and waives any setback objection required to be
waived as a condition of permit approval by DCM, the Town of Wrightsville Beach, or any other
applicable governmental agency Walker agrees to cooperate with B&D in furtherance hereof by
expeditiously executing any documentation reasonably requested of her by DCM, the Town of
Wrightsville Beach, or any other applicable governmental agency
B&D shall be solely responsible for the maintenance and repair of
the B&D Pier In the event the B&D Pier is destroyed by storms or other casualty, B&D shall be
entitled to, but shall not be required to, replace the Pier in a location approved by DCM, the
Town of Wrightsville Beach, and any other applicable governmental agency, and otherwise
subject to the terms of this Agreement