Loading...
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 M+",.., w.J':".....-..r tt 1 kt i All I u� \ \ ; \ oevmn.rartraewusww, i► \ t llryt - `� �r �8 .'E�: ii'.v •.L R • to .®�� t0 f�3TMCNT a oouarr w winto uc cnwNet wave ,...ti. <">g'i,.,:' ..w�� �i•�ntX:� tOR RN/t�W ANC .C6MM=NTH ,• .s. E F"�, 5C -n. ch(j n n - appLu-a --C� 0 - (Y1� o r w� �. 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 b71 ��m! #\Z� Ns "IF�R APPROXIMATEWARqqT \ \ \i OF YETTLAANDS M FRW ZOOS NEW HANOVER COUNTY GIS lit 16.N I S \YA�j NNW LIE AS FLAGGED BY JON GULFS ON h27— \ JY.ip \ y\ RE -VERIFIED BY: I wS ROBE YAON 0 1 A o\� I rl ZAL AL Alk — CONC. BULKHEAD -T i r g Dm0IJV1 G MWIlI'UL 1� SO/OYVIQ OR Ulf. N001 2GE0. MQ n H RNa7�oDB000 r I 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. QD • 5x yS Op A \ \ \ \ ��1 \ S35'NF15'W B.19 \ I/ 41 1 \ I 3D` SE78ACK LINES SABRAA MOn \ \ ,12RMM/ELR Di a g /i+r\� TK]OA SSG,. MQ ml 7Y Ln S� \• N57200050DH-0OD \ / al P" YqY / LINE wENooE� \. _\1 '0us- Q A \� 5-W .r e 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