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HomeMy WebLinkAbout51911D - Bohne ��jj 1 c4mA/ ❑DREDGE & FILL gam ' P11V - •NG 5 ;ENERAL PERMIT r;f `'�Previous permit# INew ❑Modification ❑Complete Reissue ❑Partial Reissue '2 1 2007 ate 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 I 5A NCAC •(ZOO 1 XRules attached. :Name P t'1) ,t►t.-, /B1sd? / Project Location: County .�/�.ti / /e rcAle,i - b2E9 7 iV.. / ,4, /r G/f.R'hio Street Address/State Road/Lot#(s) LQ r 4/ph/ 7Ah State ! ZIP 2Sy� /�c�r( 7..9.) 7. ON?Fax#( ) — Subdivision 4lP34: Gt,e'efel5 ed Agent f-- City ZIP �J nEW E1W 0-PTA ❑ES ❑PTS Phone# ( ) Se1 l River Basin C 1�Oe ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body gr / ( " 'e 4 nat ❑PWS: ❑FC: yes I PNA / no Crit.Hab. yes / no Closest Maj.Wtr. Body r�-� 'P 52j"4 7 Project/Activity C(`'7� ?�'1.--,!7%LNh a � � /47y'i 1.--04 7* ,4,1,///`" /l/tC�j'iri sr iv . e: :k)length 2.15'X y ,(s) ,2 -k 6 , j,� 71g,4,4•*e /. T� ., /- ier(s) I ngth 1l �` V. t I ��, nber Y "� v v to l/Riprap length i+-/f i C�r , { d 4 A { it I V I J :distance offshore /' k4glitirr +.._-. i e 1, 4 x distance offshore „ � trif i cannel �` . � - )ic yards "_��,1� . } __ -. ... IT . -t...-..-..-L.. I'+ I . I' , — ti to 4 se/Boatlift / 1 } I 1 1 ' ii. . . 1 ulldozin r 4f ' I I i r 2 ( : 4 rk e Length '1"MR vil I. f not sure yes no V .L{ �`! i 4 " i s: not sure yes o 1 >i. I T s i _ V � I f cum: n/a yes J yes g 1C i Attached: .e, no Am ! 4 ! ; t—ri,t. ' V rx /(T (Q _ ng permit may be requi --- • : / . , / //�1 . }� L See note on back regarding River Basin r I -1 . / . / _I "'De-a/P ei] _�' ;_` / FRONT DESK COVER SHEET (HAND DELIVERED PACKAGES) DATE /1 /3 U TIME /r 6)(' am pis PROJECT NAME &)hr)(' S ka yak e� CONSULTANT FIRM NAME RECEI' EXPRESS Yes No CHECK? Yes No Check # DCM WILMIN( DELIVER TO? I201NOV 1 4 obb/ hAl2- -1-h.k iirpfabA btorm, \Q-kc,02igQ v aux dak P-DaDkh c4u u1-63- u\k, mithA -41 - uptc V\u-&-Q3 kx-YsLA 4kActia- LcrActi-uitizA , Wou-Q6 b4 , (obL r,u N1-6 r„�, ,, e my psnrnt}- 4-toArYtintADAA(pci ? p6131, v(A/Ltiz_) ! i.vokAA/ -4A_Gook Pz) 6JL zto7 o3v7 DIVISION OF COSTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying for Permit: Matthew Bohne Address of Property 6200 N Bradley Overlook Wilmington, NC 28403 I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimension should be provided� with this letter. 0,!l/ I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Costal Management, 127 Cardinal Drive Extension, Wilmington NC 28405 or Call 910-796- 7215 within 10 days of receipt of this notice. 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, morring pilings, breakwater, boathouse or boat lift must be set back a minimum distance of 15' from the 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. Sign Name :' Date ( ee 07 Print Name Q Sa rJ r • ,Example A. Red line is pier and Blue line indicates Riparian line. See attached detail drawing of width/length and location (example c) ,&:;: \ 2 `o is,, x£{.111 w �u a 4 i., 11:::-..:4..:::.:..m....:-,.:.1-..i.:.....o:iiiiif,:.;:oiii.i.i.,.::.:.:•m." ..:...,..:It4::;........3,,,.:4.:H.:-....L .::, :::::::::litw,........:...........„,." .,::.::::..qiiii. liiit.k.:.K.,..,......;.:40,,,:•..:%.4.,4,3t...... ..?::iii::.:!;-::...:4:4%.,,v,,_!i:..:'.:,:iiii..;;:i::::4:.... .i., L :0:ii.::::::::::::: ::::.::::::::„.-..,.,::::::!...„:::,. .. ./.:.::!!..,.:::1:0,- -.........-.........:lar-,:.,..,:;:i ....:;:...q:..*:1/41.0%.,:........r.. 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'. ;, .Q; :.\.; v. .\- <4.. ..;c•::: ,.;\.:�:�jj tF,vKa:}., .x,,2;go<:w: :-� �•�Y';3:::•:ty::.. ::::, ::�reaw_e7eib `•,`h,}.:•':<J:-` r:;ic}':: :F;::, ,t< .\�+\•r.,yCC;. ,..kC,2{'�vtM1.:�'�,,J..F• .'3 .£Y:':::a:�::S6 DIVISION OF COSTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying for Permit: Matthew Bohne Address of Property 6200 N Bradley Overlook Wilmington, NC 28403 I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimension should be provid d with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Costal Management, 127 Cardinal Drive Extension, Wilmington NC 28405 or Call 910-796- 7215 within 10 days of receipt of this notice. 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, morring pilings, breakwater, boathouse or boat lift must be set back ' ium distance of 15' from the area of riparian access—unless waived by . (If you w. aive the setback, you must initial the appropriate blank below.) / ./ I do ' h to waive the 15' setback requirement. o not wish to waive the 15' setback requirement. _n. Sign Name (9 ,, _„ ? S w WL-7Ce U--- Date / /� e--(97 Print Name q / 0 f, �L Example A. Red line is pier and Blue line indicates Riparian line. See attached detail drawing of width/length and location(example c) mt% _ _ .._ __. . ak ---- ,. it, iv lk ---,A_ . .... :...4 ‘k.:° `. M ;% f • �. ..; i r c ' 011,;., Ita • yx R' c tf, n Diagram 3 is the dock proposed. See attached detailed diagram for measurements. Lout 1 ff+ G Low Vthi IA 1 ti t leak 9[ x 1 1 \ �tk Kai l L —____ in 5,,tre \ \ _ \ , 1 1 22_5'`4 1 \ , _�/ ' (ipang\ col-rido►r r _ v b4 1 NIA \__,_____._ _. j 1/4 A . \ ��� d a tee.+sii �; ,N .„: 1,I . Lc./-- -6:"\ c ,, \ ..quint Ft9ift-16.a„ tj Zl"8 x d"ixii 7rc' 1"31' __.\ 141 91 1V el' !111,41A mot 1 P€O '1 (WI T cuQaea 1.010 term 4+6 1`1 i s9aAtr u+ PIA ap ti 7 f / / , -.-' I) 7 //-' . 1,Q- ri'• 0'' ic3.---- 84 00 ce'• s'(/ W 0 ':=N-----,-.,,, '884, / 1..1.1 ...k9 •,:?..4, ,,./ .\\ W § C) / • •4Z".........,.,,,:.. -„,j. (..) '•'... 0,9 • 0 .- a,. • 0 CO ... Example C. , ... . • ,., . ' '•,, . , •.' 0' i(P ,39-4ti Riparian Lines ---------77 ' i., , , .. •••'. <(/ . . . . . . , . \.. •_ ,.c) / .. .. , . • .. .• . • .. ,, .. . . . , . . - •• stairs 208ft x 4ft wide ,.., .•• ,.. ,.. - •,b4 '• ",,,, •...... ‘-'.(•;,-fr ..... ,..,‘,) .....\4 , Max depth ."....71.N ........ - - ry I A, at low tide is 1 . . .• .•.' 0 i\.: • .. . • . •_,.. ry . . . . , . . . .../ . . 18ft Kayak dock ......../ u'o • , ..• 6' wide x 12' long 4 0 .. .• ,• • 6'' With onlY 2' over 1:01 - .. Bradle ''' .'eek water: . ..• %I..,zt .• • WRIGHTSVLLE AVEME — \-- II NORTH BRADLEY OVERLOOK to:FclimwE •a.....,. •.7.,:.. 8....4 .,gAz,,, _,_ A _... ,, ` 44 43 42 41 40 T_a .. •.. . .., .1. g « « 10• 8 S Y ::., .... . _IV < S i e S t q 24 M a 1N ,EIS - `' :C 3 4' : , - 23 20 t9 ,— a= _ z- - a e + j n • i : r 3 c� d r 'se o ." '°o ^t 'S ��- •EW LOW alEn o,� a - �� a $ L� BRASILEY CREEK tss y za= O CERNRQATE Or APPROVAL num • ('� -s "al' _ :. cis; ASPORTIONMENT OF RP- AARIAN RIGHTS or it I.P. ^ZZ M .. • PARSLEY WOODS IV G21 \l 4 LANOLINEOFt('aMl¢AIgN NC.. \I z O fAT«hst 6YM IMMETT TOWMB«R 1 MONO &Coda I IOW w/waew COM, MTh CARO-WA steers tF @ J 1 Z Atq Q g•ox 'S o pal a /O$ New Hanover County Page 1 of I CONTACT US I HELP New Hanover County NMC Tax Home>Tax Statement Search>Register of Deeds Home Home Property Records Owner Address Parcel ID Advanced Profile PARID:R05615-006-007-000 BONNE MATTHEW P USA K 6200 BRADLEY OVERLOOK ars N CURRENT RECORD Saie6 N 4 1 of 1 I N Residential I erlala• Iglaing2 ® t - rRatum to Search Results Commercial B Misc.Improvements tr , • y Permits rZ Land Values "' Agricultural •� Sketch Full Legal Exemptions �~ •.• " r r Original Parcel Info Sub-parcel(s)Info10 � ' Parcel Map •!f f r, rr f� 7 _.fit 1 'Mal •-t�* +'ter �" - y • g �J .' /f V ■ . Last GIS Data Update:28-Aug-2007 Data Copyright New Hanover County[Disclaimer] [Privacy Policy] Last Updated: 13 Nov 2007 7 Site Design Copyright 1999-2006 Akanda Group LLC.All rights reserved. Mew Hanover County Page 1 of I CONTACT US I HELP New Hanover County NHC Tax Home>Tax Statement Search>Register of Deeds Home Home Property Records Owner Address Parcel ID Advanced Profile PARID:R05615-006-007-000 BONNE MATTHEW P LISA K 6200 BRADLEY OVERLOOK***N CURRENT RECORD Sales N 1 10f1 P N Residential Aerials Ill I® r.1 /_"1[ I►1�2 E + - I Return to Search Results Layers♦ ICI i®� Lki Commercial e Misc Improvements 5 t . lr., * ' Permits `; :.., -.`/ '-N l c k «�.iy 4.A A w Land Values .ram '� ; ` Agncultural Sketch f` • . '►F. .rt .:* .. ` 1 Full Legal' i Exemptions ;Av. • ray Original Parcel Info tr * ° Sub-parcels)Info e-.. -mow jt Parcel Map y ` :.f� •,+� 4 • Y ! V' : A. it ,•0...f10 / - /or "I"- 'e''''' :,.fir . //.. ■.' ■ Last GIS Data Update:28-Aug-2007 Data Copyright New Hanover County[Disclaimer] [Privacy Policy] Last Updated: 13 Nov 2007 7 Site Design Copyright 1999-2006 Akanda Group LLC.All rights reserved. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Q e Address of Property: V2C3 N, &rad Dp2Alock (Lot or Street #, Street or Road) \-0Y) OC_ ) (City and Coup I hereby certify that I own property adjacent to the above-referenced property. The individua applying for this permit has described to me as shown on the attached drawing the development the are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coasta Management. 127 Cardinal Drive Extension, Wilminaton, NC 28405 or call 910-395-390( within 10 days of receipt of this notice. No response is considered the same as no objection i you have been notified by Certified Mail. WAIVER SECTION • I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be se bck a minimum distance of 15' from my area of riparian access - unless waived by me. (Ifyot 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. /. ),„, 4/J4 ' w%.4,3 fil-CAL // 5 2007 RE ED Sian Name Date DCM WILMING C l 'New Hanover C outy Page 1 0: I CONTACT US I HELP New Hanover County NHC Tax Home>Tax Statement Search>Register of Deeds Home I Home Property Records Owner Address Parcel ID Advanced Profile PARID:R05615-006-007-000 BONNE MATTHEW P USA K 6200 BRADLEY OVERLOOK***N CURRENT RECORC Sales 1 Of 1 Residential Aerials n G1EI I'-- a® t u ere♦ 1� t7L" ►Vill !Return to Search Result' Commercial Misc.Improvements { " Permits Land ±tQ + Values ,.4. 4 t ' f • / Agricultural j/!% ` `t • Sketch �R r Full Legal , ., "�, +rf w- Exemptions � Original Parcel Info r '.fir•1 Sub-parcels)Info "0iF -it...1. sue Parcel Map �,, e 4 . • 41.1 illik ;4' -. 4-' 4 ir, 1 Last GIS Data Update:28-Aug-2007 / Data Copyright New Hanover County[Disclaimer] [Privacy Policy] Last Updated:05 Nov 2007 7 Site Design Copyright 1999-2006 Akanda Group LLC.All rights reserved. C i ,91e,47 x),;me ai,. 6232 North Bradley Overlook Wilmington NC 28403 910 509 0676 November 19, 2007 Dear Mr. Mairs I The purpose of this letter is to request a one month delay in the decision of the Division of Coastal Management regarding the application of Matthew and Lisa Bohne of 6200 North Bradley Overlook,Wilmington NC. I was not aware of their filing for a pier/dock until yesterday evening. Although my property is not immediately adjacent to theirs we both abut the Bradley Creek marsh and their activity on the marsh does affect my property and my enjoyment of the marsh and it's natural resources and beauty. I would hope your office would postpone your decision in order for me to review the Bohne's proposal, ask questions and offer input into your decision. I would appreciate for your cooperation and assistance. Sincerely, RECEIVED DCM WILMINGTON. Page 1 of suesteve From: "suesteve" <suesteve@bellsouth.net> To: <robb.mairs@ncmail.net> Cc: <shay@ec.rr.com> Sent: Sunday, November 18, 2007 8:53 PM Subject: delay of pier request approval Sue and Steven Stubblefield 6208 N. Bradley Overlook Wilmington, NC 28403 910-2565384 suesteve@bellsouth.net To: Mr. Robb Mairs Wilmington District, Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Request for one month delay in decision on pier request from Matthew and Lisa Bohne 6200 North Bradley Overlook Dear Mr. Mairs, The purpose of this letter is to request a one month delay in CAMA's decision on this pier permit . We are writing this letter in haste, because as proximate neighbors, two doors down from 6200 N. Bradley Overlook, we were given formal notification only one half working day before the request is to be approved by CAMA, Monday, November 19, 2007. This seems very short notice for such a momentous decision. An approval for the first private pier in the 20 year history of Parsley Woods would surely be an open invitation to construct additional piers. This would change the nature of Parsley Woods from a neighborhood dedicated to maintaining the natural environment, to one emphasising water-front activities. Therefore we feel that all owners of Parsley Woods should have a voice in the decision on the first private pier in the history of our neighborhood. This is one of many reasons that we ask for a one month delay in your decision. Thank you for your consideration. Sue and Steven Stubblefield • i Margit E. Royal and Jerald F. Wolford 6212 North Bradley Overlook Wilmington, NC 28403 Phone: 910-256-9263 FAX: 910-256-9263 November 17, 2007 Mr. Robb Mairs Wilmington District, Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Mr. Mairs, Please consider the enclosed documents when reviewing a current pier approval request from Matthew and Lisa Bohne, address 6200 North Bradley Overlook, Wilmington, NC 28403. (Parsley Woods). We are not immediately adjacent neighbors, but are 3 doors down from this particular lot with our property also adjoining Bradley Creek. We are very concerned about the prospe of piers being constructed into the marsh, for all of the reasons outlined in the attached letters. In short, not only are they environmentally disruptive, they will impact the pollution, safety, and wildlife patterns that have existed here for over 20 years. Riparian rights were granted to marsh-front lots in Parsley Woods at the request of Landmark, Inc, the developer of Parsley Woods back in 1987 or 1988. The developer was denied permission to build a multi-boat marina pier in the neighborhood, and it seems, lobbied for the next best thing, knowing that extremely lengthy pier construction into multiple sites of the sensitive Bradley Creek marsh would be unlikely. For almost twenty years Parsley Woods has existed in New Hanover County as a marsh- front neighborhood, before that being undeveloped. The extreme length needed for piers has been a deterrent to construction, and thus vegetation and wildlife have been able to thrive nearby. Unfortunately, our county's rapid growth and the wildfire desire of homeowners to build near water has impacted our coastal environment in deleterious wa; The sewage and water quality issues along our creeks play a role as well. Unfortunately, we only found out about the Bohne's pier request this morning. We understand the approval is pending for Monday November 19, 2007. Furthermore, we ar scheduled to fly out of Wilmington early Monday morning for the Thanksgiving holiday. I realise this information and its timing leaves us very little opportunity to elaborate our further concerns. As best we could, we have tried to do so. We hope there is still an opportunity for them to be heard before committing to one more tragic impact for Bradley Creek. TUESDAY,FEBRUARY 14,2006 • ' M'Area population !ulation A. \U RaPid development ■The state plans has skyrocketed from `\ followed by falling an oyster hatchery ' 220,000 in 1980 to eater quality. New program; a single 1, • 312,000 in 2005. '\ i gulations are in the oyster can filter 50 ' i Akorks. gallons of water a day. i' shellj j ,,,, , shocke'd \s, , . \\ Closingof ocal waters to shellfishin� g points 7. to coast st's declining water quality � 13� /r Topsail Beach. 133 ?‘ �/ \ r' ;` 17 © FUTCH CREEK � ( 173 40 / Figure Eight Island ._.1-, I Ogden / ` ?421) ) r--. / 0 PAGES CREEK • ;'/j Leland 1� gf .� 1 -% 0 HOWE CREEK ByGareth McGrath '-,`: 17 y-='�jN Staff writer `, --� ��_ r—i T ;� 74 \�=— 17 .,`\Ji _Jt�L ;% ince AugustL004, all of th ''� ~ i -� between Ocean Isle Beac] �� � ��._): -- )(' .� Y CREEK SSouthCamlinalinehavebet i /n ; 76 rarily closed to clammers and oy: 17 ! ',,� Wilmingt n Wrightsville After adding more monitoring )' �; �` regulators are re-evaluating the; 1 i � Beach I; \, j f; the hopes of reopening some se tiS ._;. (' `., `N <132I It shellfishing soon—although the In; )39I�1'�Y \` ,. NV Waterway will likely remain do I \ Tjp Patti Fowler,an environmental si �� I` HEWLETTS CREEK with N.C.Shellfish Sanitation. 13 \ \\ The situation in southwestern B � County is a symptom of what's tat ? -A-2 � r; along much of the North Caroli K421; ` where rapid development is quickl] .`T ., by the unintended—but well-do -consequence falling -- -- RECE I�, - o qu of water qu �. .. Tt1 esE,Pri L • I -t• 0(0 vJ I LP%L Nrc,Tett,i S TA-2.- Nt 6lnt S J.L .JL 11.15 V1 LkJ LL1 V V C.LtA.l tJ L I ►J11V1111o111118• . Opoints to c is declining terqualiF v . „// \ 's� 132 Topsail '\ 133 //'r Beach. �17 © FUTCH CREEK \_ 7 7 40 3 ------ // Figure Eight Island / Ogden \l ('421 �� i�� 0 PAGES CREEK 11 JA^\ 1) ��� Leland �_,� 1\'J/._ 0 HOWE CREEK By Gareth McGrath 11 - } 17 '� — Staff Writer tN ,\''..-----=z-, 7 \. (17'i it�•_.,_. V 74 s. `�;-7=— "7 ince August 2(>U4, all o 9 ��'; �i� ,,, , between Ocean Isle Bc rc \ I �� ��76 BRA C Y CREEK South Carolina line have j ('`;\Wilmingtin racily closed to clammers and `87 j � \ Wrightsville After adding more monitor] � 1 \�\ Beach regulators are re-evaluating tl /� i� the hopes of reopening some RUNSWIC€. `,A, 132 it shellfishing soon-although the COUNTY ' '\\N, I Waterway will likely remain , 'iI 4HEWLETTS CREEK Patti Fowler,an environmenta 133 (\ .� ((I 4- with N.C.Shellfish Sanitation. \V i` The situation in southwester? • -'. '2 '? RECEIVED County is a symptom of what's ,l 42 ;` DCM WILMINGTON, N� g much of the North Car /, where rapid development is quic 1' ,( N 0 u' 19 2007 by the unintended-but well-c -consequence of falling water eF„ -_ New Hanover,County's six ' .=�, ;h4 have seen their water qualit development within their watc increased. Statewide, almost 12,001 shellfishing waters have beer 1984, raising the number of pi closed acres to more than 56,0( But like the proverbial car coal mine, the loss of healthy c signifies more than just missed of for fishermen. "People move to the coast tc tidal creeks and the Intracoasta to enjoy the rich wildlife that habitat," said Tom Reeder, wit �i STAR-NEWS ru.E Division of Water Quality's We Woi q Creelc•is one of New Hanover County's six tidal creeks,which have been alnist eflfirely closed to shellfishing. DAL CREEK CLOSURE BOUNDARIES N 1988 closure fl 2005 closure • Current , FROM 1A WATER 4= ' *,w CONTINUED FROM 1A ,•4E Stormwater branch. "But if you start losing that,what do you have "' ,.;3:a . left?Is clear water enough?" __. Too much to filter? While state officials have , "' launched a series of new measures to try to stem —and they hope c• eventually reverse—the gradual decline in coastal water quality, the current situation has been decades in the making. Overfishing,the loss of oyster reefs and disease have decimated the state's oyster catch, with harvests plummeting from 1.8 million bushels in the early 20th MATT BORN century to an average of 50,000 Buddy Milliken,a developer with Woodsong,shows off a bushels this decade. strip of pervious concrete in the development in Shallotte. The mass migration to the The concrete allows stormwater runoff to soak in. coast in recent decades, and more specifically the runoff from program would simplify control TIDAL CREEK CLOSURE R EC E fertilizer to dog waste that human efforts by replacing a hodgepodge Percentage of New Hanover DCM WILMII` intrusion generates,has further of often confusing programs with tidal creek closure(data not exacerbated the pressure on one set of rules. The proposal available for Whiskey Creek). 1 shellfishing waters. also is a tacit admission that 1988 2005 N 0 V 1 "Back when the stormwater the current patchwork of rules closure* MI closure rules were adopted in the late and regulations hasn't worked— ioo >oo no 1980s, I don't think anyone although some environmentalists in envisioned the exponential think the proposed universal 89 expansion we've been seeing stormwatermanagementprogram 84 all along the North Carolina is just as lax. so coast," Reeder said. "It's just The most controversial part 66 68 been rampant growth almost of the program would allow everywhere." high-density development,which 60 54 The population of New would include collection systems, Hanover,Brunswick and Pender in areas near sensitive waters. ao counties, for example, has "We're not trying to handcuff skyrocketed from 220,000 in 1980 development at all,"Reeder said. to 312,000 in 2005—with most of "What we're offering is to remove 20 that growth in a narrow ribbon• some of those restrictions in along the coast. return for making sure you 11111 Hoping to at least begin control the stormwater that your 0 e y r addressing the problem, the project produces." \tee a\e. o� aoa �o General Assembly last year Mike Mallin, a water-quality ae� lea Z Q To: Greg Pittillo, president, PWOA From: Margit Royal and Jerry Wolford RE: recent approval of pier construction in PW Date: Saturday November 17, 2007 Dear Greg, As requested here are the relevant documents regarding the ARC and the PWOA Board's response to a 2006 request for pier construction in our neighborhood. As Dave mentioned, he has all of these in his possession. Jerry and I, as well as the Stubblefields, were greatly disappointed to learn the current board has recently given permission for a pier to be built in Parsley Woods, and that this was done without any notification to the neighborhood. We feel our objections are valid, for all of the reasons stated in both the ARC letter of August 1, 2006, and in our personal letter to the 2006 PWOA board. It is important to note that the ARC letter specifically references both the responsibility and authority of the board, delineated in our by-laws and covenants, to handle issues which affect the overall well-being of the neighborhood, including construction approvals. This is indeed correct. I would also like to point out that the August 14, 2006 letter which Jerry and I submitted to the board was submitted AFTER the board reached their decision, in order to allow objectivity during presentation of a pier request made to the board. That board, which included 3 of the 5 current board members, voted unanimously to deny permission for pier construction for all the reasons stated. The ARC did the same. And by the way, the denied proposal was also for a presumed "low visual impact" structure. The recent hasty decision to grant permission today for the first pier construction in Parsley Woods was done without notice to the neighborhood. Since the introduction of piers will greatly change the tone and ambiance of Parsley Woods, and affect the long-standing enjoyment of some residents' properties, we feel this represents a large negligence of board responsibility. As recently illustrated at the November 13, 2007 annual meeting, lack of information and involvement in other PWOA decisions of major impact drew loud objections from the neighborhood. You and Dave Puett told me today that the board knew of the current pier the future pier construction requests sure to come. You also indicated that the Bohnes said their permit, initially scheduled to be signed off by CAMA on 11/26/07, was now to be approved on Monday 11/ 19/07. The Stubblefields Were notified on Friday 11/16/07, by email from the Bohnes. The email was sent at 10:43 a.m. As Sue and Steve said, like most of us, they don't check their email "hourly", thus they didn't know anything about this situation until last night. Sue shared it with me this morning. In other words, no one else had an opportunity to share their concerns with the board. The fact that the board requested notification of one other neighbor, the Stubblefields, (apparently the immediately adjacent neighbors were notified via CAMA and had no objections) became a moot point when that notification came at a time when no recourse was reasonably available. From everything I've learned today about the current pier request, there seems to have been quite a bit of back street maneuvering: the CAMA permits sought before notice to the PWOA board and ARC; the board withholding the issue from the membership; the current board issuing approval based on the inaccurate belief that it has no authority over construction within the neighborhood any way; and the 11th hour "Oh by the way" email notice to the Stubblefields only. We appreciate the time you took to speak with us about our concerns today. We don't expect a reply to this letter, but we are always willing to share in discussion of this issue moving forward. We have filed our objection with CAMA as well. Sincerely, Margit Royal and Jerry Wolford CC this letter only: PWOA Board: Marcus Bradsher; Dave Puett; Dean Meisel; Jimmy Wallace CC all documents: Sue and Steve Stubblefield; CAMA • RECEIVED Parsley Woods Home Owners Association DCM WILMINGTON, N Architectural Review Committee Meeting August 1 , 2006 NOV 1 9 2007 le meeting came to order at 6:00 pm. All members of the Architectural Review )mmittee (ARC) were in attendance, including Dave Puett, Chairman of and Board aison for the ARC, Marge Gates, Tom Wallace, and Jerry Cooper. ie ARC met in order to review Thomas and Marsha Blount's request for approval "to instruct a private pier into Bradley Creek from Lot 43 Parsley Woods, address 6216 Drth Bradley Overlook" (Blount memo). Iscussion was focused on the specifics of the Blount's proposal, namely construction of approximateY 750' long narrow walkway elevated 3' above the marsh substrate and rminating at an elevated pier built into Bradley Creek [along the] assigned riparian rights >rridor" (Blount memo) deeded to this lot by the Parsley Woods Developer in 1988. owever, the ARC also remained cognisant of the fact that this is the first homeowner quest for construction of a long private pier to reach the "navigable" portion of Bradley reek. As such, the ARC recognizes that its recommendation to the Parsley Woods oard of Directors (PWBOD) has implications beyond the Blount plan and may be used 3 precedent for future similar requests. he ARC apprecited the Blount's attempt to minimize the "visual [and] environmental npacts on the marsh [and] storm damage" (Blount memo)with their low-profile design. lowever, after much discussion, the ARC voted unanimously NOT to approve this ;quest. he reasoning is as follows and is based on the wording and implications found in the 'arsley Woods Declaration of Restrictions (PWDOR). Ls outlined in the introductory paragraph of the PWDOR, it is the responsibility of the >eveloper, a responsibility now assumed by the PWBOD, to "secure to each lot owner le full benefit and enjoyment of his home." (PWDOR) In 1988, now 18 years ago, the ght to construct a pier was felt to be one of these benefits, as implied by the assignment f riparian rights corridors to marsh front lots and by restrictions on pier construction lescribed in the PWDOR. oowever, the Developer also recognized that individual homeowner activity can have a iegative impact on adjacent neighbors and on the neighborhood as a whole. For this eason, the PWDOR also assigns the Board the responsibility to impose "no greater actrirtinn "non the free and undisturbed use of [each lot owner's] home than is necessary to With regard to concern over adjacent lot impact, as the Blounts correctly point out in their request, the riparian rights corridors are not perpendicular to the lots themselves "given the meandering nature of Bradley Creek in the project area" (Parsley Woods CAMA permit April 1988). These corridors are identified in Map Book 31, Page 82, of the New Hanover County Registry, which is included in the Blount proposal. This map shows that the proposed Blount pier would cross the marsh view lines of Lots 44 and 45, a point cleary demonstrated by aerial photographs included with the proposal. The homeowners of Lot 45, 6212 North Bradley Overlook, Margit Royal and Jerry Wolford, have provided the ARC with a written statement that the proposed Blount pier would significantly interfere with their enjoyment of the marsh and its habitat. Additionally, on further inspection of Map 31, it is apparent that most of the assigned riparian rights corridors cross adjacent neighbors'view lines. In fact, for lots 29-33, the access corridors make almost immediate right angle turns to reach water, passing directly in front of 5 or 6 other lots. The ARC considers this arrangement unacceptable. Finally, with regard to the "tone of the neighborhood," the ARC accepts that this is a vague statement, but feels that this "tone" has been defined over the past 2 decades. Parsley Woods is a neighborhood dedicated to maintaining a natural environment as much as possible. This fact is reflected by the tough and enforced tree preservation policy, landscaping requirements, common building paint choices, and street lighting and sign design, all selected to enhance the natural setting. Many Parsley Woods homeowners have selected this neighborhood specifically because of its appreciation and protection of this natural setting, including its unobstructed marshfront. The ARC considers the construction of long piers to access Bradley Creek for motorized craft to be in opposition to this overall neighborhood emphasis. In summary, although water access by long pier construction was a benefit originally granted to individual homeowners by the Developer of Parsley Woods in 1988, it is the opinion of the current ARC that piers along the riparian rights corridors, as they exist, would result in the unacceptable obstruction of many homeowners views and that piers in general are not in keeping with this neighborhood's emphasis on maintaining a natural setting. In this case, the ARC feels that its responsibilty is to protect the interests of the neighborhood as a whole, over the rights of the individual, and we therefore recommend that pier construction not be approved. C MW LMJ rE Respectively submitted, i NOV 1 9 ?cry? David Puett .5j Mar ret t Parsley Woods Owners Association Board of Directors Mr. and Mrs. Thomas Blount RECEIVED 6216 North Bradley Overlook ACM WILMINGTON, N Wilmington, NC 28403 Nov 1 9 2007 August 10, 2006 Dear Marsha and Thomas, The Board greatly appreciates your efforts in proposing a pier plan that minimizes the visual impact of its presence on the Bradley Creek Marsh and neighbors' homes. Per the PWOA By-laws and Restrictions, the Board is charged with considering not just the immediate architectural implications of any proposal, but also the repercussions which such a structure will have for the ambiance, safety and enjoyment of Parsley Woods by all residents. After extended discussion, the Board voted unanimously to accept the recommendations of the PWOA Architectural Review Committee, and thus must deny your request for pier construction. The reasons for the denial are well described in the ARC meeting minutes of August 1, 2006. In addition, we point out that for nearly two decades, Parsley Woods has existed solely as a marsh-front community. The introduction of piers, and the activity which they engender, would negatively impact the desired tone and well-being of the neighborhood, which have been carefully protected for the past eighteen years. We hope you understand this decision, which the Board feels best represents the present and future well-being of the entire neighborhood. Sincerely and Respectfully, (i'j M�(r g its E. Ro a g y , President, PWOA Dean Meisel, Vice President, PWOA Margit E. Royal & Jerald F. Wolford 6212 North Bradley Overlook Wilmington, NC 28403 Phone: 910-256-9263 910-256-9263 To: Parsley Woods Owners Association Board: Dean Meisel; Dave Puett; Bob Baird; Marcus Bradsher From: Margit Royal and Jerry Wolford RE: The Blount's pier proposal ?August 14,2006 Dear fellow Board members, I'm attaching FYI a copy of the letter date July 21, 2006 which Jerry and I submitted to the ARC prior to their meeting on Monday August 1,2006. I waited to share it with you until after the Board met and officially received the ARC recommendations,and until we (you) had a chance to ask your questions and air your own concerns. I don't expect a reply; I just wanted you to be informed. I made only one copy,and hoped that it could percolate among you along with the revised Board letter to the Blounts. I would be glad to make an individual copy for anyone that would like one;just let me know. Otherwise,this can come back to me with the fully signed letter. Sincerely A Margit E. R i,, resident, PWOA CeIVEL 'ACM WILMINr;T-n� Nov 1 9 ?op Margit E. Royal & Jerald F. Wolfora 6212 North Bradley Overlook Wilmington, NC 28403 Phone: 910-256-9263 FAX: 910-256-9263 RECEIVE Dr. Dave Pue DCM WILMINGTC U Board Liaison;Architectural Review Committee NOV 1 9 20( Parsley Woods Owners Association 6317 S. Bradley Overlook Wilmington,NC 28403 July 21, 2006 Dear Dave, As you are aware,our neighbors,Thomas and Marsha Blount,are requesting review of their proposal to put in a pier/walkway across 750 feet of Bradley Creek Marsh to the small channel on the opposite side,ending in a platform pier with two manual lifts. They cite the deeded Riparian Rights which their property, and every marsh front lot in Parsley Woods has,and they reference the Declaration of Restrictions paragraph stating the manner in which piers should be constructed as justification for their project. Riparian rights, per statute, are"the right to have the water by your property undiminished in quantity or quality." In New Hanover County,that right has most often been interpreted in matters whereby a lot owner desires to construct a pier. The Blounts asked the previous owners of their property (the Schrams) if they could construct a pier once they had bought the property. Mrs. Schram asked me,both as a next door neighbor and as the then-president of the Parsley Woods Owners Association(PWOA). I said no, that would never be allowed in Parsley Woods. We have lived in our home in Parsley Woods since July 1990,and are very disheartened that anyone would even consider such an extreme disruption of the natural beauty and environment which the Bradley Creek Marsh provides to our entire neighborhood. As Richard Schickel, contributor to Time Magazine said in a July 17,2006 essay titled Nothing to Laugh About,"Excess is always wretched, whether we're talking executive- compensation packages or some guy trying to squeeze his Hummer into a parking space clearly labeled COMPACT." We do appreciate the Blount's consideration in contacting us personally just before they __ ."r 'reel UPC We have made it clear RECEIVEI DCM WILMINGTOP NOV 1 9 2007 r Environmental. Once the first"pier" goes in, it will trigger a succession of other homeowners who will want to do the same thing. Thomas himself stated that either CAMA or a colleague of his at the Corps of Engineers told him as much, while he was doing his preliminary staking. A friend of ours who owns a marina, and another friend with legal expertise in boating and navigable water issues responded identically upon hearing what was being proposed by a single lot owner. Thus Parsley Woods could expect up to 19 additional piers of nearly equal(or perhaps even greater) length (Nineteen is the number of marsh-front lots in Parsley Woods). It's painful to imagine the impact which such a dramatic shift in thinking will mean for the neighborhood. There will be a forest of pilings, planks, watercraft activity,human activity and pollution, all crammed into what nature never intended as truly navigable water. CAMA requires that piers must reach"navigable water"so that sensitive marsh areas are "minimally"disturbed;only 700-800 foot piers can reach the small channel on the opposite side of the marsh. Even so,there will be a number of hours during everyday low tides, when even the smallest water craft cannot traverse the marsh substrate, except perhaps jet skis. The amount of pier disruption to the marsh overwhelmingly outweighs the usefulness of what the Blounts propose. • Per the Blount's proposal,there will be approximately 110 pilings for the pier walkway, spaced at about every 7 ''A feet,excluding those for the dock. • Per Thomas's drawing,every piling will have a 2x4 foot pile stabilizer on each side of it, for a total of 220 beams flattening and,destroying habitat • 700-800 feet of marsh grass either"shaded" or crushed by piling supports, is a lot of marsh to destroy • 700-800 feet of pier walkway is equal to 2 ''A football fields; Johnny Mercer's Pier at Wrightsville Beach is not quite as long,but provides a good visual reference for length. • We are concerned that as the construction process might proceed,that the specifications outlined in the Blount's proposal will be exceeded for a variety of reasons,and the result will be much more intrusive than originally suggested. Neighborhood Ambiance and Views. The potential for noisy disruption of the neighborhood during a long construction process and ever thereafter with subsequent piers and use by motorized craft, is a concern, particularly if one by one,others join the parade. The Blount's proposal for a 3-foot high plank system without railings and only nineteen inches wide, is a recognized attempt to minimize the visual impact which their walkway/pier will have on the marsh. • The negative impact to ambience and property values throughout the . . . , . ,__ __• ,v,arch nrrllrC AC A rectal RECEI DCM WILMIN( NOV 1 9 • The Blounts correctly quote the Parsley Woods Declaration of Restrictions which state"...it is the desire of the undersigned,to ensure the use of said property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot owner the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his lot than is necessary to ensure the same advantages to the other lot owners;..." However, their pier and the inevitable succession of other similar structures will destroy the peaceful nature of our neighborhood and marsh. • When hurricanes damage existing piers,we will all either be subject to the endless disruption of repair projects,or the abandoned original projects in a state of disrepair,as the effort and expense to rebuild outweighs the usefulness of these structures. • Parsley Woods was never meant to be a boating community. The original developer was denied a marina permit by CAMA;their next best effort was to go through the motions of having each marsh front lot deed with Riparian Rights, promoting sales with such an enticement. We in fact asked about the possibility of building a pier on our own property at the time of purchase,and were advised by knowledgeable people,that this would be such a costly undertaking, both in terms of money and environmental impact,that it would not be worthwhile, nor necessarily allowed. Neighborhood safety. The presence of any pier serves as a point of entry and hasty exit for non-residents. This concern exists within any waterfront community. In Parsley Woods we've had our own experiences with unauthorized persons on the community pier and gazebo. The construction process itself will provide knowledge of the who, what and where of water access When hurricanes or other high tide storms come through,the potential for rising winds and waters to tear planks off their foundations and send them flying into neighbors' roofs, windows, siding and yards is very real. Although the Blounts state their 3-foot high and 19 inch wide planks will minimize the chance that such destruction will happen, no one can guarantee a safe outcome. We personally have built a pier, in a major waterfront community(Figure Eight Island),and have, from 1994 through 2005, lived through the effects of storm damage—floating docks lifted up and carried off into other's properties; piers uprooted and torn off their foundations to do similar damage; boats crashed into homes,and so on, not to mention the direct toll that this debris and the subsequent rebuilding process takes,once again,on our neighborhood ambiance and environment. • As stated in their proposal,their pier design will "...hopefully reduce the damage . _ ,, �___ __.. L. A_c. rt Irmo etahili7ina the risks and responsibilities associated with such storms, including one's personal property, and that of one's neighbors. • Bradley Creek isn't the same creek it was nearly 20 years ago either. If one were to try and grant Riparian Rights to our lots today, they would no doubt be denied. CAMA may deny the permit. Trying to gain meaningful water access from most of these marsh front lots is akin to "the guy trying to squeeze his hummer into a space marked COMPACT." • In all of the years that Parsley Woods has existed,to the best of our knowledge, no one has ever requested to build a pier. One of our greatest pleasures is sitting on our deck, or in our home,watching the herons, egrets, swans, osprey and other aquatic birds amble through the marsh, feeding and nesting. We do this almost daily, as we imagine many other Parsley Woods neighbors do. It is one of the primary reasons we bought our property 16 years ago. Having the Blount's pier walkway traverse the length of our entire view shed would be devastating to the value and enjoyment of our home not to mention the well-being of the marsh. They have a number of choices available for reasonable water access nearby; once piers begin to obstruct the Bradley Creek Marsh, we no longer have a choice—the ambiance is gone forever. For all of the foregoing reasons, we strongly urge the Architectural Review committee and the PWOA Board to deny construction of this extreme walkway pier,and all others of similar nature. As those of us who have lived here for 16+years know, the"desired tone"of Parsley Woods has been one of an upscale peaceful neighborhood,carefully tended to preserve the natural environment while providing a haven for all residents. It is • simply "necessary"to deny this request so that the neighborhood doesn't lose what has been so carefully preserved for all lot owners. Sincerely, ,t( / Margit E. Roy - d Jerald F. Wolford Attachment: June 26, 2006 article from the Wilmington Star News which illustrates the principal of how important preserving the natural environment of a neighborhood can be Cc: Deborah and Ty Watts RECEIVED DCM WILMINGTON, NC