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HomeMy WebLinkAboutIVS, LLC 78274CKhrEl' GE & FILL '�. t)7 `T i I. i��._I-f A B C D RAL PERMIT Previous permit#.''Modification C'Complete Reissue .Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Applicant Name .. ,_- "�._J.----._ Project Location. County (�-�`f .. ._. ............ Addre�; 4 , .., Street Address/ State Road/ Lot #(s)_ City. f `Vy p - State_ .. ZIP I..LLk'n ^1 1� ��I4f ��—`� • - Phone #Y. _v.-. E-Mail _._ --. .-._----- Subdivi 'on Authorized Agent '_Vt�JQ7 City_ -- ZIP.... Affected %Jcw XEW A !ES PTS Phone # jJ�) _�1'" '` Basin r OUSA- EA LHHF AEC(s): - I H � USA '-. N/A Adj. Wtr. Body � r nac man [unkn) PWS - - -- ORW: es g no PNA yes f j/6*) Closest Mal. Wtr. Body.--.14-(� - -- Type of Project/ Activity -, „ Pier (dock) length W [7 UT •' ji, I 'VS-' ' Fixed Flasform(s} V .• i.t-i� 40•r"^ - Floating Platform(s) Finger piers) Groin length number--- t \ t` '-j"Vti•,r' Bulkhead/ Riprap length avg distance offshore ' naaa distance offshore Bain, channel N cubic yards Boat ramp`""' _ .,.. Boathouse/ Boadih Beach Bulldozing•"•—._. - ` Z OtherIA ..-- (� 1<< Shoreline Length SAV: not sw e yes o �i y Moratorium: ala yes o Photos: yes n Waiver Attached: yes r - A building permit may be required by: '�UU ( Note Local Planning)u - sdiction) ` s Notes/ Special Conditions or Sign re **J'le a eadcompliancestatementonback permit'"'" i ^ U" _ Application feels) Check# (Scale: �1''1 ' �.Yi •lam, M1. O tmtv�a l -renb iivp 1 -_ -See note on back regarding River Basin rules. y\V�I -- �E pja on Date( Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythatthis project is consistentwith the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar -Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on howto complywith these buffer rules. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext... Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River Inlet - and Pender Counties) http://portal. ncden r.org/web/cm/dcm-home Revised 7/06/17 ALIM4 1cN r lil l "ARIAN I'WU 'LH I Y,U,VItNLR U T A I L WA i IterebV crrfily lhnl I owl pinl,nily ,01an nfl IT, <.o. I�i tlnnly loc.do�l ul 7i ' 4i (Nnmo nt I'nryu+rly t)wnur) �'a � •I t1 <''r L W ���;i �' thddtneut, I o, Illnek, Itond, Of' 1 (Witorbody) (C1ty/Iowuand/I;I (;�nmlyl Iha tLr>licautf h J..:,.n Ln,I in ni��, are �:Iinwfi h�tloW, IIM dnVulopnfunt In nitnruFl ;it the :I{n wn �' loc tllrm have ITT, ohiaclfuff ho tlw: I I usal, �fn � _ I have ohjucfums h, Ihir; I,f upasah DESCRIPTJON AND/QR pphWING OF PROPOSED DEVELOPMENT(fndividua/proposing (Yevelopipent imrst fill in description below or attach a site drawinq) 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' frorn 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. do not wish to waive the 15' setback requirement. (Property Owner tnformation) (Adjacent Property Owner Information) rlafure 4,4Z Signnkire :F 71 or TVoe Alamo Print or fType Name Malllnn ArlrIroco If Lv6440 ado 9 lcphone. Nlunber/efnall addiesss rA�. I✓ .s;i Fbr One calendar year after sionature* vluprione nlurnberlen)ait address ate {Fgvia d j4ug 2014 • I hereby certify that I own property adjacent to f'sL/}/ jQ V1%4v sNOreA)s l�OA .T,ci�'s (Name of Property Owner) property located at 9 /d' �Z SC/d n d //1 P w Z>a (Address, Lot, Block, Road, etc.) on /30Gi16 -57,00NA in ccAATaAedr cDvWT- N (Waterbody) (City/Town and/or County) A The applicant has described to me, as shown below, the development proposed at the above location. • ^' 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) 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.) "041. I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (Property Owner Information) Signature S:m► grid 1 r or Type Name /03 Name n d Mailing Address N� t..v Pear City/statemp a w6&D SOo 9 9/F 9'a 6 a !o no: /. rvo Telephone Number/email address // //a /s.oa.o Date (Adjacent pe Owner Information) '1 r t M h Lf-INP or 1l-l2 7,U Date" (Revised Aug. 2014) "Valid for one calendar year after signature' ,� fix: kR ,i. � z � �y. .. �. : i ` .. "e t s i r 'M 's R .i Y 4 � ., .<Y y ��� �� � �� ',� ;>. ISLAND VIEW SHORES PROPEF COMMUNITY PIER REPLACEMI Shore IVSPOA PIER CONSTRUCTION DATA REPLACEMENT OF PIER IN SAME FOOTPRINT, SAME SIZE CONSTRUCTION OF 392' x 5' MARINE SLAT PIER WITH AND "L" SHAPED PLATFORM 9' X 16' ON END HANDICAP CONCRETE MARINE GRADE SLATS 4' X 8' BOLTED ON ALL 4 CORNERS 2.5PCF (PER CUBIC FOOT) CHROMATED COPPER ARSENATE (CCA) TREATED MARINE GRADE PILINGS 4" X 6" TIMBER ON EACH SIDE OF SLAT 4" X 10" CROSS BRACE AT EACH SET OF PILINGS TO SUPPORT SLATS 2 5/8"GALVANIZED TIMBER BOLTS ON EACH CROSS BRACE BOTH SIDES OF PIER WILL HAVE PILINGS EXTENDING 44" ABOVE SLATS FOR ROPE RAILING ON ONE S tTY OWNERS ASSOCIATION INC. ENT PROJECT x with concrete slabs 9' x 16' platform On End EVERY 8' OC DRIVEN TO MINIMUM 8' EMBEDMENT U110 �, \�.. �. 4 .�i �'. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to JCY44Ntti V/lr✓ dNORPs POA 1'Na's (Name of Property Owner) property located at Y/d' .1 s4/9 h d <rt p w .PR (Address, Lot, Block, Road, etc.) on43Dii;t1d' in CE'lieri#44pr cycpA Y (Waterbody) (City/Town and/or ounty) N.C. The applicant has described to me, as shown below, the development proposed at the above location. 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) .P41)1J96. z P/AR 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. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature S'fw,� ,G grid Print or Type Name /d3 SSs 09 I� f/r'yW pVe. Mailing Address Ne w Po,.r ,yG R 8S'7o City/Statelzip S WOOC Sao 9 9/f "C 04-�/0 Q 6na: /. co• Telephone Number/email address // A/ 3 /-a01D Date (Adjacent Property Owner Information) Signature * Print or Type Name Mailing Address City/StatelZip Telephone Number/email address Date * (Revised Aug. 2014) Valid for one calendar year after signature* to Z oo 3 3 A A;oNz Oa z 3Q n p. DSO �3.N0 m m 0 M a „ 3 Zpa J !n O W 7 - n z z °; m z m m A 0 x U) 0 (400 y a 3. 4 3' •-� O. o N fD d = O 0 o m y X N V o iN0 o 0 d J �pegpeaj x C!I)Z Z v . < ) 3 zOv 0 y WN co N. O 0 0 O � O N 3 co �oegpaaj G' z A m O N 3 3 S N N 9 W t w O 0 N d O N d ,a 3 a O. z d F, xaegpaa3 M . .. q/� 2090 0001 52 2 � � � ƒ 0: 1 ❑ 0§ k C \ CD& a & 5 ] S § $ J E m 37 k \ \ \) " 7 ' & � ■ 4 � e.e e e @ i 9411 � . . ;A 0 -I" U,b r �.. .. .. � , TAL SERVICE* Kir':`'.ir��i jnib ()kr[. /I 1 11 1 231. ar t? F "s duc t -, -C 1 as'a Ma i Li t i Vf- Kinston, NC 28504 welght: U lb 0.90 Est i mated D 1 J very Fri 11 / ; 1/2020 CrlifiodMai i@ Track i rig # 70200Ca9(: 00 Return Receipt. Track no #; 9590 9402 )ta I Uni t Pr i ce 02 Dat0, CA5 729441. LA a l r,1 Pr 1 (It .; .155 2,85 5801 1)034 h9'37 74 $6.9�1 ........µis.. R MOM CAROLINA. CART06T COUNTY The loregomg cerllaceteis) of Notary Pablk(s) talent oenlaed to be conedtNs inaimmast and tbB cvifi� mat am, the Dookd1nd Pigs shown on the 111.11 Page M1erenl.lY 1081-10d at the date and arms and ln taste Afthar, Re Iel 10 ads D _ewow'r.nµn. aowa, Melanie RTCARSP TERET COUNTY 7L Date 08/22/2003 Time 16:18:00 OR 1013002 Page 1 of 5 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF ISLAND VIEW SHORES This FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF ISLAND VIEW SHORES (hereinafter called the "First Amendment') made and entered into as of theme day of �uP,u •� .. 2003, by and between IVS, LLC and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots 1 through 6, 10 through IS, and 20 through 36, and 45 through 64 as shown on the plat entitled "Island View Shores Subdivision Phase P recorded in Map Book 29, Page 301, Lots 37 through 44 as shown on the plat entitled "Island View Shores Subdivision Phase 11" recorded in Map Book 29, Page 328, and Lot 9 as shown on the plat entitled "Island View Shores Subdivision Phase IH" recorded in Map Book 29, Page 529, Carteret County Register of Deeds Office; "WIPLI*Y IP:&A g WHEREAS, IVS, LLC (hereinafter called Declarant) is the developer of the Island View Shores Subdivision, and Declarant recorded a DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF ISLAND VIEW SHORES in Book 856, Page 48 in the Carteret County Register of Deeds Office (hereinafter called the 'Declaration"); and, WHEREAS, Declarant currently owns more than twenty of the Island View Shores lots, and pursuant to Paragraph 1 of Article P, as long as Declarant owns at least twenty (20) Lots, Declarant may amend die Declaration (except for Subparagraphs (q) and (r) of Section 2 of ARTICLE L of the Declaration) without the consent of any other member or party; and, WHEREAS, CAMA requirements for the turnaround area in the Community Use Areas necessitated that the Community Use Areas be increased, and to recognize such increase, Declarant desires to amend the Declaration by substituting the attached Attachment A for the / Attachment A to the Declaration; and, PO/,ji):G �69 �' � aNnB$3 V/ p,����Jb�r✓,����c: ��O ROOK--1 par,F-- accordingly. WHEREAS, Declarant executes this First Amendment to amend the Declaration NOW, THEREFORE, Declarant does hereby declare the following: I. Attachment A to the Declaration hereby is amended by deleting the Attachment A attached to the Declaration and inserting the Attachment A attached hereto in its place. 2. Except as amended in this First Amendment, all of the other terms of the Declaration are hereby ratified and affirmed. W TESTIMONY WHEREOF, IVS, LLC has caused this instrument to be executed under seal and in such form as to be binding, this the day and year first above written. IVS, LLC (SEAL) A Limited Liability Company By. off- (SEAL) Manager STATE OF NORTH CAROLINA COUNTY OF UAUC73 I, &Pu"o aA . CQ eeua LI , a Notary Public in and for said County and State, do hereby certify that THOMAS M. SINGLETON before me this day personally appeared, who being by me first duly sworn, says that he is a manager of IVS, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal, this the o/k(day of n sF 2003. �, COPFf,fA, o�O Notary Public My Commission Expires: �� U pUO\\ r. a?. 7_goovt �BAVFN Cb� B00 IF�b(3 _ PAGE_: _ STATE OF NORTH CAROLINA COUNTY OF CARTERET The foregoing certificate of a Notary Public of County, North Carolina, is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Carteret County, North Carolina, in Book , Page This , day of , 2003, at o'clock .M. 810933-0022.001 NBMAIN\550914\1 Register of Deeds BOOK l�t3 PAGE_el Attachment A Community Use Area A perpetual nonexclusive easement over, under and upon the following described property for the purpose of using such property for a Community Use Area for the Island View Shores Subdivision including, providing pedestrian and motor vehicle access to Bogue Sound, the pier and boat ramp located thereon and other uses normally associated with a waterfront common area, including, but not limited to a play area and a park, said easement being over and upon the following described property: Al I that certain tract or parcel of land shown and depicted as "20' Boat Ramp Access Basement" on the plat of Island View Shores recorded in Map Book 29. Page 968, in the Carteret County Register of Deeds Office, which affects Lots 41 and 42 and is more particularly described by metes and bounds as follows: YY;7:NYI�A Beginning at the northeastern corner of Lot 41 at shown on the plat of Island View Shores recorded in Map Book 29, Page 328 (said point being located on the southeastern right of way line of Island View Drive (50' public right of way)); thence from said point of beginning so located, along the northeastern property line of Lot 41 along a curve to the right having a radius of 184.83 feet an arc length of 128,41 feet to a point (said curve having a chord bearing and distance of South 34° 45' 28" East 125.84 feel); thence continuing along the eastern property line of Lot 41 South 14* 51' 19" East 290.65 feet to a point; thence continuing along the eastern property line of Lot 41 South 14' 51' 19" East 79.70 feel to a point located on the mean high water line of Bogue Sound; thence along the mean high water line of Bogue Sound South 790 37' 24" West 45.14 feet to a point; thence North 140 51' 19" West 106.18 feet to a point; thence North 750 08' 41" East 35.00 feet to a point; thence North 140 51' 19" West 260.65 feet to a point; thence along a curve to the left having a radius of 174.83 feet an arc length of 121.46 feet to a point located on the southeastern right of way line of Island View Drive (50' public right of way)(said curve having a chord bearing and distance of North 34" 45' 28" West 119.03 feet); thence along said southeastern right of way line of Island View Drive (50' public right of way) in a northeasterly direction along a curve to the left having a radius of 50.00 feet an arc length of 10.00 feet to the point of beginning. TRACT 2: Beginning at the northwestern corner of Lot 42 as shown on the plat of Island View Shores recorded in Map Book 29, Page 329 (said point being located on die southeastern right of way line of Island View Drive (50' public right of way)); thence from said point of beginning so located, along the southwestern property line of I.ot 42 along a curve to the right having a radius of 184.83 feet an arc length of 128.41 feet to a point (said curve having a chord bearing and distance of South 34° 45' 28" East 125.84 feet); thence continuing along the western properly line of Lot 42 South 14" 51' 19" East 290.65 feet to a point; thence continuing along the western property line of Lot 42 South 14' 51' 19" East 79.70 feet to a point located on the mean high water line of Bogue Sound; thence along the mean high water line of Bogue Sound North 790 37' 24" East 30.09 feel to a point; thence North 140 51' 19" West 112.06 feet to a point; thence South 75° 08' 41" West 20.00 feet to a point; thence North 14° 51' 19" West 260.65 feet to a point; thence along a curve to the left having a radius of 194.83 feet an arc length of 135.36 feet to a point Located on the southeastern right of way line of Leland View Drive (50' public right of way)(said curve having a chord bearing and distance of North 34° 45' 28" West 132.65 feet); thence along said right of way line of Island View Drive (50' public right of way) in a southwesterly direction along a curve to the right having a radius of 50.00 feet an arc length of 10.00 feet to the point of beginning. BOCK- bl PAGE A Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Thursday, December 10, 2020 1:33 PM To: Styron, Heather M.; Dedee Dunn; mark Wheeler; Randall Seltzer; Tim Mariner Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Okay, They refused the FedEx delivery. Please accept this last act by them as the end of this process. Stan Wood TRACK ANOTHER SHIPMENT 781079083210 Attention graphic Refused by recipient Recommended action: Call Shipper/Recipient to resolve problem, then contact us at httn://www.fedex.com/us/customersuDoort/call/index.httnl to advise FedEx of needed action Notice graphic No scheduled delivery date available at this time. Scheduled delivery: Pending DELIVERY EXCEPTION _Fs NEW BERN, NC GET STATUS UPDATES Direct signature required Want to know when your package will arrive? See your estimated delivery time with FedEx Delivery Manager. Sign up or Log in FROM Knightdale, NC US TO KINSTON, NC US MANAGE DELIVERY Manage Delivery. Select to review possible delivery options, below. Clickable. • Travel History • Shipment Facts • Thursday, 12/10/2020 12:54 pm NEW BERN, NC Delivery exception - Refiised by iccipient Expand History • Tuesday, 12/08/2020 12:11 pm information sent to FedEx My Shipments All (0) Inbound u Outbound [Local Scan Time A [Local Scan Time V] (0) Watch (0) You do not currently have any shipments. On Tue, Dec 8, 2020 at 1:29 PM Styron, Heather M. <heather.m.styron ,ncdenr.gov> wrote: Ok and thank you From: Stan Wood [mailto:swood3009@gmail.com] Sent: Tuesday, December 8, 2020 1:15 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Randall Seltzer <rseltz@icloud.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. On the way by FedEx, delivery by tomorrow. But couldn't send it with out a return address. On Tue, Dec 8, 2020, 11:36 AM Styron, Heather M. <heather.m.styron&ncdenr.gov> wrote: I believe she suggested you can leave your return address off completely so that may be an option. From: Stan Wood (mailto:swood3009@gmaii.coml Sent: Tuesday, December 8, 2020 11:33 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. I guess we have to show our correct name on the FedEx package and not my company name right? They may sign for a package that's not from the HOA. If they can associate the package as coming from the HOA I doubt they will sign. On Tue, Dec 8, 2020 at 11:24 AM Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: Yes and thank you. From: Stan Wood [mailto:swood3009@emaii.coml Sent: Tuesday, December 8, 2020 11:20 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.¢ov>; Dedee Dunn <dedeedunn@I:mail.com>; mark Wheeler <markwheeler52@email.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@aladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Renort Spam. I guess we can try FedEx. Are we sending them the same thing? Form and drawings? On Tue, Dec 8, 2020 at 11:16 AM Styron, Heather M. <heather.m.styron ,ncdenr.gov> wrote: She is saying that that is one attempt at showing you tried but that you will need to try again maybe through ups or fedex. She also wants you to document all attempts you have made (certified mail, asking for signature etc). Do they have an LLC or a business? You can send it there as well if so. This will help show that the HOA did everything within their power to notify this land owner. This is beneficial if it ever came to this owner saying they were not notified or filed a court case etc. I know this is frustrating and I apologize. From: Stan Wood [mailto:swood3009@Rmaii.coml Sent: Tuesday, December 8, 2020 11:10 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Randall Seltzer<rseltz@icloud.com> Subject: Re: [External) Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. So our USPS letter that was returned isn't sufficient? Copies attached. On Tue, Dec 8, 2020 at 11:04 AM Styron, Heather M. <heather.m.sVaon@ncdenr.gov wrote: Hello Mr. Wood, This is the response I received from DCM counsel. Please see below; 71 .0204(b)(5) requires certified mail showing that notice was delivered (have them track the package and see what the us s. ov tracking says....) Let's start there and see what their tracking actually says. If that doesn't work, they can try fed ex/ups and get a signature that way (and maybe they don't put a return address on the package so if these folks are denying service on purpose, they might sign for Fedex/UPS. Have them document their attempts with the usps.com tracking and any emails to/from these neighbors. If the neighbors own as an LLC or Inc, we can send to the registered agent. Anything the HOA can do to show their attempts is helpful, but they need to try more than one route before we can try other options. Before I can issue a permit you will need to try to use another method she suggested. I know this is inconvenient but we want to save the HOA any interference as much as we can and also want to notify correctly. Thanks, Heather From: Stan Wood [mailto:swood3009@gmail.coml Sent: Tuesday, December 8, 2020 9:30 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Dedee Dunn <dedeedunn@gmail.com>; mark Wheeler <markwheeler52@gmail.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@gladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. l3 Hi Heather, we just found this language in our covenants that gives us the right to repair/replace our pier. Thought it might be useful to you. Stan Wood. Subparagraph (i) on Page 20 of the Declaration provides that "All waterfront Lots hereby expressly waive the fifteen (15) feet riparian setback as required by CAMA and/or the Corps of Engineers for all Lot lines which adjoin other Lots in the Subdivision provided the structure (i.e. pier, dock or etc.) has been approved by the Committee. Lots 40, 41, and 42 consent to the location of the dock and pier constructed appurtenant to the Community Use Areas designated as "20' Boat Ramp Access Easement" on the Subdivision Plats and hereby waive any CAMA or Corps of Engineer restrictions or setback requirements. Furthermore, the Owners of Lots 40, 41 and 42 agree that the Corporation shall have the right to replace and/or reconstruct the dock and pier in its present location (or as nearly as possible) in the event the dock and/or pier is damaged and/or destroyed by any event or occurrence, and the Owners of Lots 40, 41 and 42 agree to execute any documents necessary to further acknowledge such." On Mon, Dec 7, 2020 at 3:16 PM Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: I will let you know. From: Stan Wood [mailto:swood3009@amail.coml Sent: Monday, December 7, 2020 3:13 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. That would be nice!!!!! On Mon, Dec 7, 2020 at 3:11 PM Styron, Heather M. <heather.m.styron&ncdenr.gov> wrote: Thank you and no need to send it again this is fine. I am actually discussing with DCM counsel to see if we even need the Kennedy's signature because of the easement. From: Stan Wood [mailto:swood3009Ogmail.coml Sent: Monday, December 7, 2020 3:08 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov>; Dedee Dunn <dedeedunn@smail.com>; mark Wheeler <markwheeler52@email.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@eladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Renort Spam. Steve Waters agreed to sign. A photo of the signed form is attached. I'll scan it tomorrow and send the scanned copy to you. Do you know where we stand with getting the permit? Our certified letter to Kennedy that he refused to accept has been returned to us if you need that. Stan Wood On Mon, Dec 7, 2020 at 1:38 PM Styron, Heather M. <heather.m.styron ,ncdenr,gov> wrote: If the s/d pier is on the Kennedy lot then Mr. Waters would be an adjacent neighbor. From: Stan Wood [mailto:swood30090email.coml Sent: Monday, December 7, 2020 1:37 PM To: Styron, Heather M. <heather.m.styron@ncdenr.eov> Subject: Re: [External] Fwd: Community Area Easement Location J CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. He's lot isn't adjacent is it? We didn't ask him to sign one but I'm sure he would On Mon, Dec 7, 2020, 1:03 PM Styron, Heather M. <heather.m.styron2ncdenr.goy> wrote: Did you get the Steve Waters signature? From: Stan Wood [mailto:svvood3009Pgmail.corn Sent: Thursday, December 3, 2020 12:12 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Dedee Dunn <dedeedunn@gmail.com>; mark Wheeler <markwheeler52@gmail.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim @gladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. Let me know if you need anything else. Stan Wood On Thu, Dec 3, 2020 at 11:20 AM Styron, Heather M. <heather.m.styron&ncdenr.gov> wrote: Yes please. That way I have it all together and a drawing. 9 From: Stan Wood [mailto:swood300965Demai1.coml Sent: Thursday, December 3, 2020 11:18 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.eov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. You mean the one signed form from the other property owner (Willie Glenn) and the USPS receipts? On Thu, Dec 3, 2020 at 11:15 AM Styron, Heather M. <heather.m.styron ncdenr.gov> wrote: I think we can use the certified receipt even though the Kennedys denied the package. If you will send me all the signed forms and the receipts in one email I will talk with my supervisor to see I few can proceed. From: Stan Wood (mailto:swood3009@gmail.coml Sent: Wednesday, December 2, 20204:41 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location Glenn has signed. to On Wed, Dec 2, 2020 at 4:37 PM Styron, Heather M. <heather.m.styron ncdenr.gov> wrote: What neighbor will not sign? From: Stan Wood [mailto:swood3009@gmail.coml Sent: Wednesday, December 2, 2020 2:51 PM To: Styron, Heather M. <heather.m.styron@ncdenr.eov>; ivspoa@gmail.com Subject: [External] Fwd: Community Area Easement Location Here's the easement and map. Please let me know if you need anything else. Stan Wood i i --------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> { ! Date: Wed, Nov 11, 2020 at 9:51 AM !, Subject: Re: Community Area Easement Location To: Krystle Diefenbach <itskrystleggmail.com> Cc: Tim Mariner <pastortimggladtc.com> I found a map showing the easement so I think this will meet our needs. Stan 11 On Tue, Nov 10, 2020 at 9:51 PM <its , stle@gmail.com> wrote: It is my understand that the pier will need to be rebuilt in the place it currently sits. I believe we were told we have to maintain the original footprint in order to be grandfathered in for the length. Do we have reason to believe Mr. Singleton had the pier built outside of the community use property? Sent from my iPhone > On Nov 10, 2020, at 6:18 PM, Stan Wood <swood3009@gmail.com> wrote: > I was thinking as we are getting close to rebuilding our pier that we really don't know where the legal easement is. We know we have a path down to the boat ramp but where exactly is the easement as it relates to the pier? I would think it's important that the pier be built within the legal easement to insure access. In the covenants it states the exact location in degrees but where is that? I would recommend we get the easement surveyed before construction starts just to be sure. The legal location is attached. Thanks. Stan > <2003 Common Area Easement 1013003.pd1> 12 Address: Location: Device ID: Transaction: 'r- 4;,,`301 A l I._AN'11 C AVENUE RALEIGII NC. 27604 RZZA -BTBDB 940283260020 FedEx St-andard Overnight 781079083210 0, 5 1b (M) Direct Signature required Dec 1 a tied Value 0 Recipient Address James & Diane Kcinnedy 2820 ALJ ON PHI:I..L.,lpc, A'D �11111LLli V 'y Da tf 121912020 PrICing (ifitic)rr: nAlt" Styron, Heather M. From: Goebel, Christine A Sent: Tuesday, December 22, 2020 3:22 PM To: Styron, Heather M.; Brownlow, Roy; Davis, Braxton C Subject: FW: [External] Cama application FYI Heather- please copy me on any permit issued AND on the email sending notice of permit issuance (if you issue) to the kennedys. Thanks! Christy -----Original Message ----- From: Goebel, Christine A Sent: Tuesday, December 22, 2020 3:21 PM To: Daniel Tower <dtowerl@me.com> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: RE: [External] Cama application Mr. Tower - I have a deadline this afternoon so no time to talk. I already provided this information to your clients via email earlier today. I am also in receipt of your 3:18 email stating that your clients formally object to the permit, though not detailing any reasons why in that email. Your client was given notice of the HOA's proposed pier development. As owner of this particular lot, your clients predecessor in interest (developer) expressly waived the lot's 15' CAMA riparian setbacks through the HOA declarations. Your clients can submit further written objection to the HOA's proposed pier development by emailing them to me and DCM Field Representative Heather Styron, copied on this email. Any objections relevant to CAMA rules (so not HOA- related issues which DCM has no jurisdiction over like assigning slips or material storing) will be considered until the time a permit decision is made. Your client will be emailed a copy of any permit issued. They have 20 days from the permit decision to file an appeal- which is the Third Party Hearing Request Petition process. Information about that process can be found at 113A-121.1 and on DCM's website here: httPs:Hdeq.nc.gov/about/divisions/coastal- management/coastal-management-permits/va riances-appeals If you want to set up a time to talk next week, I'm working on Tuesday and Wednesday. Thanks - Christy -----Original Message ----- From: Daniel Tower (mailto:dtowerl@me.com] Sent: Tuesday, December 22, 2020 3:06 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Diane Kennedy <dianehk@embargmail.com> Subject: Re: [External] Cama application CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> Ms. Goebel, I am hoping to speak to you on the phone regarding the process as it involves NCDEQ. My telephone number is 919 880 0121. In general, I am looking to understand what is involved with the process here going forward. Thanks, Dan > On Dec 22, 2020, at 2:46 PM, Goebel, Christine A <Christine.Goebel@ncdenr.gov> wrote: > Hi Mr. Tower- > How can I help you? > Thanks- • Christy > -----Original Message----- * From: Daniel Tower (mailto:dtowerl@me.com) > Sent: Tuesday, December 22, 2020 2:41 PM > To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> > Subject: [External] Cama application > CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> > Christine, > This is Dan Tower, counsel to James and Diane Kennedy. I tried your office number and voicemail said that you do not monitor it. Please call me at 919 880 0121 or email me at this address. > I look forward to speaking with you. > Regards, > Dan Styron, Heather M. From: Goebel, Christine A Sent: Tuesday, December 22, 2020 11:03 AM To: dianehk@embarqmail.com Cc: Styron, Heather M.; Brownlow, Roy; Davis, Braxton C; swood3009@gmaii.com Subject: Notice of CAMA application Attachments: CAMA SUMMARY.DOCX Importance: High Mr. & Mrs. Kennedy - I am legal counsel for DCM. I understand that Stan Wood of your HOA has been trying to reach you with formal notice of the HOA's proposed development, in addition to the many informal emails he has sent as well. I understand you have refused both a certified letter, a Fed Ex delivery, and numerous email requests to acknowledge notice. At this point, I am recommending to my clients at DCM that they consider attempts at notice to you satisfied, and move forward with the permit review and issuance process. A reply to this email is your final opportunity to make any objections to the proposed development before a permit decision is made. The covenants already address the issue of riparian waiver. If this CAMA permit is issued to the HOA, you will have 20 days from the date of issuance to file a Third -Party Hearing Request, which is the first step in the permit appeal process. That process is outlined on DCM's website here: https://dea nc gov/about/divisions/coastal-management/coastal-management-permits/variances-appeals Please let me know if you would like a copy of any permit issued to be emailed to you, by replying to this email. Thanks - Christy Christine A. OmW Assistant General Counsel, Once of General Counsel North Caroline Department of Envirorunental Quality 919.707.8554 (Office) `""",„,"""' christine.goebel^gnedetm.gov Styron, Heather M. From: Stan Wood <swood3009@gmai1.com> Sent: Monday, December 14, 2020 2:29 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit Attachments: CAMA Statement.pcif CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. first email ---------- Forwarded message --------- From: Stan Wood <swood3009 c@gma]l.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk@embargmail.com> Cc: Krystle Diefenbach <itskrystle@gmail.com>, Tim Mariner <pastortim@gladtc.com> Hi Jimmy and Diane, as we talked about on the phone, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy! ! ! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:30 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 2nd ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Fri, Nov 13, 2020 at 2:13 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianchk a embargmail.com> Hi Jimmy and Diane, nice talking to you yesterday. If you could sign the form I sent you and email it back to me tonight I would really appreciate it. We have our annual meeting tomorrow morning and I'd like to report we are ready to apply for a new cama permit and start construction. Thanks so much! Stan Wood On Thu, Nov 12, 2020, 3:33 PM Stan Wood <swood3009ggmail.com> wrote: Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement" Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy!!! Stan Wood 919-906-2210 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent ✓ 814 of Property property located at Yle- .d sf.4 a d (/, P w .Dl1 (Address, Lot, Block, Road, etc.) on /�24gyd- .Sd✓No in c4er, Ror eOuN?y 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 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) 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. I do not wish to waive the 15' setback requirement. (Property Owner Information) "Sj�" r's`' / awno MYhBBR Signature Syew Jura Print or Type Name /03 S,sG.vnd firyw pR. Mailing Address ,v. w Po,.T' Ne- a BSoo City/State/Zip s woov soo 9 9/9P 9oG 2k 1/o a 6m.:/. co• Telephone Number/email address // Af a /ioa.o FMA (Adjacent Property Owner Information) Signature * Print or Type Name Mailing Address City/StatelZip Telephone Number/email address Date* (Revised Aug. 2014) *Valid for one calendar year after signature* Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:30 PM To: Styron, Heather M. Subject: (External] Fwd: Pier Permit Attachments: CAMA Statement.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 3rd ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Mon, Nov 16, 2020 at 9:57 AM Subject: Fwd: Pier Permit To: James And Diane Kennedy <dianehk ,embargmail.com>, Randall Seltzer <rseltz ®,icloud.com> Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I emailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919- 906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk ,embargmail.com> Cc: Krystle Diefenbach <its , stle e,ijnail.com>, Tim Mariner <pastortim ,eladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy!!! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:30 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit Attachments: Glenn.pdf, _11202020_025229.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. ---------- Forwarded message --------- From: Stan Wood <swood3009na,gmail.com> Date: Fri, Nov 20, 2020 at 3:30 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehkna,embargmail.com>, Randall Seltzer <rseltz@icloud.com> Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise! ! ! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009@gmail.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I emailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919- 906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009@Rmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk gembargmail.com> Cc: Krystle Diefenbach <itskrvstle&gmail.com>, Tim Mariner <pastortim gladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy! ! ! Stan Wood 919-906-2210 IVSPOA Pier Construction Data Replacement of Pier in Existing Footprint. Same Size Construction of 392' X 5' Marine Slat Pier With an "L" Shaped Platform 9' X 16' Handicap Concrete Marine Grade Slats 4' X 8' Bolted on all 4 corners 2.5 pcf (per cubic foot) Chromated Copper Arsenate (CCA) treated Marine Grade Pilings Every 8' OC Driven to Minimum 8' Embedment 4" x 6" Timber on each side of Slat 4" x 10" Cross Brace at Each Set of Pilings to Support Slats 2 5/8" Galvanized Timber Bolts on Each Cross Brace 1 Side of Dock will have Pilings 40" Above Pier for Rope Railings Provided by IVSPOA,. Installation Provided • ADJACENT RIPARIAN PROPERTY OWNER STATEMENT hereby certify that I own property adjacent to T.Y44 O di if w S,90&A-S POA (Name of Property Owner) property located at If l sG/i a d 1/. P r✓ 4Pa / (Address, Lot, Block, Road, etc.) on l�b UE Sd JNA in CA1/LrBAPBr c-ov vM (Waterbody) (City/Town and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above �loc�a�tvion. • `* 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) A$Olt-p Alln'96,*z pl elo" 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. 1 do not wish to waive the 15' setback requirement. (Property Owner Information) 4/'- Q , 47r-w� MQ R Signature S,4A, - Pnnf or Type Name Mailing Address ,ye4..-A'*T NG a�s7o City/State2ip S w000 Sao 9 7/7 90G 21A10 a 6Mo//. r*• Telephone Numberlemail address // Ar s /-a 0.;6 o M.. (Adjacent per e-10 � -71e Sign�t�r �, Print or Type Name I �"OS rn MaIC Address L City/statelzip 9/9" 9' Information) ZS Telephone Numberl email address Date" C -- 9S/p- (Revised Aug. 2014) "Valid for one calendar year after signature" Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:31 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 5th ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Mon, Nov 23, 2020 at 8:36 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehkna,embargmail.com>, Randall Seltzer <rseltzkicloud.com> Jimmy, Thanks for calling. Here's Singleton's attorney's email address and phone number. Give him a call tomorrow and I'm sure he will know if there's a boat slip on our pier. I'll get back to you about picking up the form. Thanks. Stan Wood CDR(i�wa rdandsm ith.com Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28662) 1 Post Office Box 867 New Berri, NC 28563-0867 P: 252.672.54511 F: 252.672.54771 M: 252aM0966 V-card I www.wardandsmith.com On Fri, Nov 20, 2020 at 3:30 PM Stan Wood <swood3009@gmail.com> wrote: Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise!!! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009@gmail.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I emailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919-906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk ,embgAmail.com> Cc: Krystle Diefenbach <itskrystle@Rmail.com>, Tim Mariner <pastortim(c,-,gladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy! ! ! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:31 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 6th ---------- Forwarded message --------- From: Stan Wood <swood3009na,email.com> Date: Mon, Nov 23, 2020 at 8:45 PM Subject: Fwd: Pier Permit To: Dedee Dunn <dedeedunn(g gmail.com>, mark Wheeler <markwheeler52@gmail.com>, Randall Seltzer <rseltz _,icloud.com>, Tim Mariner <pastortim gladtc.com> Unreal, now the Kennedy's are saying there are two boat slips assigned to our pier and he wants one and the other needs to go to Willie Glenn. I tried to explain that there is no mention in the covenants about a slip so he wants to call Singleton or this attorney tomorrow to discuss. But he sounded like he has agreed to sign the form and I could pickup the form anytime regardless of the outcome of the slip. In any event I went to the Kinston Post Office today and mailed the form again to them "certified/return receipt requested" and it's supposed to be delivered to them tomorrow. Stan in--------- Forwarded message --------- From: Stan Wood <swood3009&Rmail.com> Date: Mon, Nov 23, 2020 at 8:36 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehk embargmail.com>, Randall Seltzer <rseltzna,icloud.com> Jimmy, Thanks for calling. Here's Singleton's attorney's email address and phone number. Give him a call tomorrow and I'm sure he will know if there's a boat slip on our pier. I'll get back to you about picking up the form. Thanks. Stan Wood CDR(iDwa rdandsmith. corn Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P: 252.672.54511 F: 252.672.54771 M: 252.670.0966 V-card I www.wardandsmith.com On Fri, Nov 20, 2020 at 3:30 PM Stan Wood <swood3009@lzmail.com> wrote: Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise!!! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009Ccr�,gmail.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I entailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919-906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009ggmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk ,embargmail.com> Cc: Krystle Diefenbach <itskrystle ¢mail.com>, Tim Mariner <pastortim ,gladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you Will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy! !! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:31 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 7th ---------- Forwarded message --------- From: Stan Wood <swood3009&gmail.com> Date: Tue, Nov 24, 2020 at 9:10 AM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehk ,embargmail.com>, Randall Seltzer <rseltz&icloud.com> Hi Jimmy and Diane, Jimmy said I could stop by and get the form. It will be at least Friday, maybe Saturday before I come thru Kinston again. Is there anyway you can scan the form and email it back to me today? If I can get it, our contractor might be able to get his permit before Thanksgiving. Thank You. Stan Wood On Mon, Nov 23, 2020 at 8:36 PM Stan Wood <swood3009@gmail.com> wrote: Jimmy, Thanks for calling. Here's Singleton's attorney's email address and phone number. Give him a call tomorrow and I'm sure he will know if there's a boat slip on our pier. I'll get back to you about picking up the form. Thanks. Stan Wood CDRAwardandsmith.com Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P: 2-52.672.5451 1 F: 252.672.54771 M: 252.670.0966 V-card I www.wardandsmilh.com On Fri, Nov 20, 2020 at 3:30 PM Stan Wood <swood3009nn,gmail.com> wrote: Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another. construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise!! ! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009ggmail.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I entailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919-906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009gRmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk ,embaramail.com> Cc: Krystle Diefenbach <itskrystlena gmail.com>, Tim Mariner <pastortim n,gladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you Will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy!!! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:32 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 8th ---------- Forwarded message --------- From: Stan Wood <swood3009&gmail.com> Date: Tue, Nov 24, 2020 at 1:10 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehk ,embargmail.com>, Randall Seltzer <rseltz ,icloud.com> Diane, we would really appreciate it if you would please scan the form and email it back to us today. If you are not able to, I'll drive from Raleigh tonight and get it. We need to get it to CAMA tomorrow before they close for the holidays. Thanks so much. Stan Wood On Tue, Nov 24, 2020 at 9:10 AM Stan Wood <swood3009@wnail.com> wrote: Hi Jimmy and Diane, Jimmy said I could stop by and get the form. It will be at least Friday, maybe Saturday before I come thru Kinston again. Is there anyway you can scan the form and email it back to me today? If I can get it, our contractor might be able to get his permit before Thanksgiving. Thank You. Stan Wood On Mon, Nov 23, 2020 at 8:36 PM Stan Wood <swood3009Ca,gmail.com> wrote: Jimmy, Thanks for calling. Here's Singleton's attorney's email address and phone number. Give him a call tomorrow and I'm sure he will know if there's a boat slip on our pier. I'll get back to you about picking up the form. Thanks. Stan Wood CDR(&wardandsmith.com Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P. 252.672.54511 F: 252.672.5477 1 M: 252.670.0966 V-card I www.wardandsmith.com On Fri, Nov 20, 2020 at 3:30 PM Stan Wood <swood3009na,gmail.com> wrote: Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise!!! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009@gmail.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I emailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919-906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009Pa,gmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk ,embgAmail.com> Cc: Krystle Diefenbach <itskrystle(cs gmail.com>, Tim Mariner <pastortim@gladtc.com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy!!! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:33 PM To: Styron, Heather M. Subject: [External] Fwd: Pier Permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. «11 ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Sat, Nov 28, 2020 at 3:01 PM Subject: Re: Pier Permit To: Dedee Dunn <dedeedunnna,Rmail.com> Cc: mark Wheeler <markwheeler52@omail.com>, Randall Seltzer <rseltz a icloud.com>, Tim Mariner <pastortim gladtc.com> Well, this is not the email I was hoping to send today. I talked to Jimmy Kennedy this am and asked him if I could stop by his house and pickup the form. He said yes. So I went and met him and he advised he would not be signing the form since he was entitled to a boat slip based on what Tom Singleton had told him when he bought the lot and wouldn't sign until he got a slip. I again advised him there are no slips and if he had called Singleton or his attorney since I sent him the contact info on Monday. He said he hadn't had time to call them. So this is there we are. He said Steve Waters also knew there are two slips. I have never seen any evidence of slips in our covenants. I asked him if he had gotten the certified mail I mailed at the Kinston post office on Monday and he said no. The Kinston post office closed at noon today so I couldn't go by there to see what's going on with that. On Monday they said they would try to deliver on Tuesday. But he might not accept it and not sign it when delivered. Who knows.. I suggest that we call/email Clint Rouston 252.672.5451 or cdrna—wardandsmith.com and ask him to advise if our covenants document the two slips. Hopefully, he will say no and with his finding we can forward this to Kennedy and finalize this. I'll email Willie Glenn to see if he has ever heard of a boat slip since he would have been told the same thing from Singleton. I'll update Heather at CANLA and see if she has any more advice. Randy, do you want to email or call Clint? Kennedy knows Steve Waters so if Steve says there are no slips maybe he will call Kennedy and advise him. Someone want to call Steve? 252-269-0355 or 252-698-0038 Stan On Tue, Nov 24, 2020 at 12:50 PM Stan Wood <swood3009@gmail.com> wrote: I think he's saying there are two slips and he and glenn should get them since the easement is on their properties. To offset their loss of property. He also said the path wasn't centered and it was More on his side than Glenn's. He thinks it's a 10 path width when it's actually 20. But I didn't tell him that. On Tue, Nov 24, 2020, 12:33 PM Dedee Dunn <dedeedunn@jzmail.com> wrote: This is crazy. Is this the first time he has mentioned wanting a slip or is he saying Singleton promised him a slip? Dedee Sent from my iPhone On Nov 23, 2020, at 8:45 PM, Stan Wood <swood3009@gmail.com> wrote: Unreal, now the Kennedy's are saying there are two boat slips assigned to our pier and he wants one and the other needs to go to Willie Glenn. I tried to explain that there is no mention in the covenants about a slip so he wants to call Singleton or this attorney tomorrow to discuss. But he sounded like he has agreed to sign the form and I could pickup the form anytime regardless of the outcome of the slip. In any event I went to the Kinston Post Office today and mailed the form again to them "certified/return receipt requested" and it's supposed to be delivered to them tomorrow. Stan in--------- Forwarded message--------- From: Stan Wood <swood3009(c7�,gmail.com> Date: Mon, Nov 23, 2020 at 8:36 PM Subject: Re: Pier Permit To: James And Diane Kennedy <dianehk ,embarq_mail.com>, Randall Seltzer <rseltz e,icloud.com> Jimmy, Thanks for calling. Here's Singleton's attorney's email address and phone number. Give him a call tomorrow and I'm sure he will know if there's a boat slip on our pier. I'll get back to you about picking up the form. Thanks. Stan Wood CDR(i4wa rdandsm ith. com Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P. 252.672.54511 F: 252.672.54771 M: 262.670.0966 Wcard I www.wardandsmith.com On Fri, Nov 20, 2020 at 3:30 PM Stan Wood <swood3009na,gmail.com> wrote: Jimmy and DIane, wanted to check back with you and see if your son inlaw has reviewed the form. It's been a week now. Our situation is, if we don't get your approval on the form soon, our contractor has told us he plans to move all his equipment and start another construction project and we lose our chance to start our construction project until he finishes that project which could be weeks or months. All of our Island View Shores residents have patiently waited for the Contractor to finish projects ahead of us to start the pier. Now that he is ready to proceed, we really need you to approve the form. I've attached a copy of the form that the adjacent owner has signed off on. Please advise!!! I think I can explain what the 15' setback means. If I build a waterfront pier or dock on the water, I can't build it closer than 15' to your property line unless you approve. SInce the old pier is already there, nothing is changing. And as you know, there is a permanent easement between your property and Willie Glenn's property to allow resident's access to the pier and boat ramp. I've also attached more info about the new pier construction. Please help us by signing the form. Stan Wood, IVSPOA Board 919-906-2210 Piers and docking facilities must not interfere with access to any riparian property and shall have a setback of at least 15 feet between any part of the pier and the adjacent property owners' areas of riparian access. Riparian means waterfront. Docks and Piers - NC DEQ On Mon, Nov 16, 2020 at 9:57 AM Stan Wood <swood3009na,email.com> wrote: Hi Jimmy and Diane, sorry to bother but we really need you to sign the form I emailed you so we can get started with building the new pier. This form is the only thing we need to start. I will be coming thru Kinston this afternoon and I would be glad to stop by your house and pickup this form. Please advise. Stan Wood. 919-906-2210 ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Thu, Nov 12, 2020 at 3:33 PM Subject: Pier Permit To: James And Diane Kennedy <dianehk@embargmail.com> Cc: Krystle Diefenbach <itskrvstle@gmail.com>, Tim Mariner <pastortim ,gladto,com> Hi Jimmy and Diane, as we talked about, CAMA would not accept the Pier Permit we got from them earlier to rebuild our pier. Probably too old I guess. So we have to apply for a new permit which means we have to get the two property owners on each side of the pier to approve the rebuilding. Doesn't make a lot of sense since there is an easement but we have to do what they say. Pier will be built back in the same location. So we need you to review the attached Adjacent Riparian Property Owner Statement and do the following if you will. You need to initial on the line, "I have no objection to this proposal". You need to initial on the line, "I do wish to waive the 15' setback requirement". Then fill out the lower right information. After completing this, you can scan and email back to me or I'll be coming through Kinston late tomorrow if you want me to stop by and pick it up from you. Let me know if you have any questions. Thanks Jimmy! ! ! Stan Wood 919-906-2210 Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:34 PM To: Styron, Heather M. Subject: [External] Fwd: ISLAND VIEW SHORES PIER Attachments: image0df4aa.PNG; image88c6f4.PNG; image8e3674.PNG; Pages 12,13 & 20 of Island View Shores Declaration, 4845-0666-7988.pdf; CAMA Permit 16-98, 4814-4885-2751.pdf; CAMA Statement.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 1 Oth ---------- Forwarded message --------- From: Stan Wood <swood3009na,gmai1.com> Date: Thu, Dec 10, 2020 at 6:02 PM Subject: ISLAND VIEW SHORES PIER To: James And Diane Kennedy <dianehk ,embargmail.com>, Randall Seltzer <rseltzgicloud.com> Hi Jimmy, hope you are doing well. The IVSPOA Board reached out to Tom Singleton's attorney and asked him to look into whether or not there was a boat slip approved for our pier and if Tom had told you that you could have a boat slip. Mr. Routson's reply is below. Mr. Routson also pointed out to us that our existing covenants provide for, without the approval from any property owner, the replacement of the pier if damaged or destroyed. That language is also below. Jimmy, considering that our covenants give us the right to rebuild our pier, we respectfully ask that you sign the attached form so we can forward to CAMA and get the permit. We are not saying that Tom didn't promise you a boat slip. But there is no evidence of a boat slip approved for our pier. We ask that you do the right thing on behalf of Island View Shores and sign the form so we can move on. Thank You. Stan Wood IVSPOA Board If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you. Clint D. Routson Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P: 252.672.54611 F: 252.672.5477 1 M: 252.670.0966 V-card I www.wardandamith.com Resources for North Carolina Businesses during COVID-19 If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attomey employed by Ward and Smith, P.A. Thank you. (A) The Corporation shall have the right to make reasonable rules and regulations respecting the use of the Community Use Areas in addition to those provided herein, including, limiting access and use of the sound access area. (B) The Corporation shall have the right, upon compliance with the notice and hearing provisions specified herein, to suspend the voting rights of an Owner during any period which any due assessment against such Owner's Lot remains unpaid as is provided in ARTICLE H hereof, and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. (C) The Corporation shall have the right to restrict parking in the Community Use Areas and to make reasonable rules respecting parking in the streets of the Subdivision. (D) The Corporation shall have the right to sell, dedicate or transfer fee simple title to all or any part of the Community Use Areas to any party, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, no such sale, dedication or transfer shall be effective unless an instrument agreeing to such sale, dedication or transfer signed by eighty percent (80%) of the members has been recorded in the Carteret County Register of Deeds office. (E) The Corporation shall have the right to mortgage, pledge, deed in trust, hypothecate, sell, or convey all or any part of the Community Use Areas; provided, however, no such action may occur until an instrument agreeing to such action signed by eighty percent (80%) of the members has been recorded in the Carteret County Register of Deeds Office. (F) The Community Use Areas specifically are subject to the restrictions and limitations contained in this Declaration, including but not limited to, the following provisions: (a) parking of motor vehicles and/or .boat trailers is not permitted in the Community Use Areas. Motor vehicles and boat trailers may be used on the Community Use Areas for the limited time (not to exceed 30 minutes at a time) required to launch or retrieve a boat from the boat ramp. As used in this Declaration, "boat" shall mean and refer to any type of water vessel, including but not limited to boats, kayaks, canoes, windsurf boards, jet skies, sailboats, and catamarans. After boat launching and/or retrieval is completed, the vehicles and trailers must be, removed from the Community Use Areas. Parking motor vehicles and/or boat trailers on Island View Drive is prohibited. Parking of electric golf carts is permitted on the Community Use Areas only in areas designated for such by the Corporation from time to time; provided, however, no golf cart may be parked on the Community Use Areas for more than one (1) hour. No gasoline or other combustible engine golf carts are permitted on the Community Use Areas. All golf carts used within the Subdivision must be electric and are subject to all of the laws of the State of North Carolina with respect to the use of such on public roads. No golf cart may be operated within the Subdivision by anyone under the age of 14. Using the Community Use Areas to launch and/or retrieve any boat bearing a current commercial license sticker or certificate is prohibited. Boats may not be docked or tied up to the community pier for more than two (2) consecutive hours. No spotlights or glaring lights may be used on the Community Use Areas to illuminate any of the houses in the Subdivision or to otherwise create a nuisance or annoyance to the Lot Owners. No radios, televisions, cassette players, CD players, loudspeakers, bullhorns, horns, or noise making instruments of any kind may be played at a volume that may be heard more than fifteen (15) feet away from its source on the Community Use Areas. The Community Use Areas is open for use by Lot Owners and their guests from 6:00 a.m. to 10:00 p.m. daily (Carteret County time). The Community Use Areas is closed and may not be used from 10:00 p.m. to 6:00 a.m. No profanity, yelling, or speaking in a voice above a normal volume is permitted on the Community Use Areas. Lot Owners are prohibited from depositing or discharging any waste on the Community Use Areas including but not limited to litter, trash, petroleum products of any nature, cigarette butts, cigar butts, smokeless tobacco, food items or anything on the Community Use Areas, Every Lot Owner is responsible for policing the Community Use Areas after their use, and is responsible for making certain that "nothing" is left on the Community Use Areas that they brought onto the Community Use Areas.'/ 12 doom PAG��J Lot Owners are responsible for repairing any damage that they or their guests or invitees may do to the Community Use Areas, including any damage to the roadway, boat ramp, or pier. (b) In addition to the provisions contained herein, Declarant shall have the right to make other reasonable rules and regulations respecting the use of the Community Use Areas until Declarant releases such right. The right to make rules and regulations specifically includes the right to make regulations dealing with the right to use the pier and boat ramp and the ability to impose restrictions on the use of the pier and boat ramp to give all Lot Owners an opportunity to use them. (c) The restrictions imposed on the use of the pier and boat ramp through the CAMA permit and regulations. (2) Easements for the installation and maintenance of utilities and drainage facilities as shown on the recorded plats are hereby reserved and retained by Declarant, together with the right to grant similar easement rights to other Persons. Declarant also reserves a non-exclusive perpetual easement 10 feet in width along all Lot lines for drainage and utility purposes, specifically including the right to install sewer lines which run through the Lot and which benefit other Lots in the Subdivision and/or the property depicted as "Reserved by Owner" on the Subdivision Plats. No structure, fence, planting, or other material which may interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements may be placed in the easement areas without prior approval by the Committee. Structures, fences, plantings and other materials which have been approved by the Committee may be placed in the easement areas. The Committee may deny placement of structures, fences, plantings or other materials in the easement areas if they would adversely affect the drainage or utilities of the Subdivision. The Corporation hereinafter may grant easements for utility purposes for the benefit of the Subdivision and the Lots now or hereafter located therein, over, under, along and through any of the Community Use Areas. (3) This Declaration subjects the Lots in the Subdivision to a contract with Carteret -Craven Electric Membership Corporation for the installation of underground electrical utilities which may require an initial contribution and/or the installation of street lighting which will subject Lot Owners to a continuing monthly payment to Carteret - Craven Electric Membership Corporation,. (4) Each owner, as an appurtenance to the Lot, shall have and is hereby conveyed a perpetual, non-exclusive right of way and easement for the purposes of ingress, egress and regress to and from said Lot over, through and across the public streets shown on the Subdivision Plats. No other streets may be tied into the streets shown on the Subdivision Plats without the consent of the Declarant. (5) Declarant hereby retains and reserves for itself, together with the right to grant similar easements to other Persons, perpetual non-exclusive general access and Utility easements over, upon and under the streets, roads, utility lines, and drainage and utility easements presently existing in the Subdivision and/or shown on the Subdivision Plats. (6) An easement is hereby reserved to the Corporation, Declarant, his employees and designees to make any reasonable entry onto a Lot upon not less than 24 hours notice to the Owner thereof for the purpose of performing any maintenance, repair, alteration or inspection allowed or required in this Declaration. An easement is granted to the Corporation, Declarant, his employees and designees, to make any reasonable entry onto any Lot without notice to the Owner thereof in the event of any emergency. (7) Each Lot Owner is responsible for payment of the ad valorem taxes levied upon the Lot and any personal property located thereon. Sound. (8) Lots which abut Bogue Sound shall run to the mean highwater mark of Bogus (9) Declarant retains and reserves a nonexclusive perpetual easement over, under and upon the streets depicted as Island View Drive, Steril Road, Port Lane d Wave Et00K_..zgl) PAGE 13 (9) No significant clearing or landscaping of any Lot shall be undertaken more than thirty (30) days prior to the commencement of construction of the Dwelling to be located thereon. This provision shall not preclude the removal of underbrush or damaged or diseased trees, nor shall this provision preclude the installation of a driveway, water access walkway, boat ramp, dock or pier. (h) All Dwellings must be constructed in accordance with standards for single family homes included in the North Carolina Uniform Residential Building Code or any successor to this Code. No home may be moved onto any Lot. No manufactured home, modular home, panellized home, trailer, temporary house, temporary structure or mobile home (home built in accordance with manufactured home standards imposed by the Federal Construction and Safety Standards Act), or any structure designed for transportation on attached axles and wheels shall be placed on or erected on a Lot. Prefabricated roof and floor trusses are not included in this prohibition. (i) No Dwelling shall be erected or permitted to remain nearer to any street in the Subdivision than the setback lines as shown on the recorded plats. In addition, to the greatest extent possible and unless waived by the Committee, no Dwelling or building shall be erected or permitted to remain nearer than 30 feet to the front lot line of a Lot. No building or structure, except approved fences, mailboxes, walls, piers, bulkheads, docks or walkways, shall be located nearer to any sideline of any Lot than the setback lines shown on the plat. It is provided, however, that eaves, steps, stoops, and fireplace chimneys shall not be considered as a part of the building for the purposes of interpreting this Paragraph. An error in the placement of structures in an amount less than ten percent (10%) of the setback requirement in question is not a violation of this Declaration. All waterfront Lots hereby expressly waive the fifteen (15) feet riparian setback as required by CAMA and/or the Corps of Engineers for all Lot lines which adjoin other Lots in the Subdivision provided the structure (i.e. pier, dock or etc.) has been approved by the Committee. Lots 40, 41, and 42 consent to the location of the dock and pier constructed appurtenant to the Community Use Areas designated as 1120' Boat Ramp Access Easement" on the Subdivision Plats and hereby waive any CARA or Corps of Engineer restrictions or setback requirements. Furthermore, the Owners of Lots 40, 41 and 42 agree that the Corporation shall have the right to replace and/or reconstruct the dock and pier in its present location (or as nearly as possible) in the event the dock and/or pier is damaged and/or destroyed by any event or occurrence, and the Owners of Lots 40, 41 and 42 agree to execute any documents necessary to further acknowledge such. Each Dwelling constructed on a Lot must have a garage with a minimum size and design sufficient to house two (2) full size passenger automobiles and shall not exceed a maximum size sufficient to house three (3) full size passenger automobiles. No flat -top structure shall be erected or allowed to remain on any Lot. Subject to the restrictions provided herein, each Lot Owner shall be permitted to build, erect, or maintain not more than two detached structures (i.e. structures that are not an integral part of the main Dwelling - a structure that is connected to the main dwelling only by a breezeway that is not fully enclosed from the elements is considered to be detached) on any Lot; provided, however, such detached structures shall be subject to the following restrictions: Except for a detached structure constructed as a detached two or three car garage which may not exceed two stories in height, no detached structure may exceed 200 square feet in size. There may not be more than one detached two car garage on a Lot. ii. If a detached two or three car garage is constructed on a Lot, then only one other detached structure is permitted on a Lot. iii. No detached structure may be used for any activity normally conducted as a business. The appurtenant structure shall not be located in the front or side yard. iv. Utility buildings and cabanas shall be located where they do not interfere with the view of adjoining Lot Owners as determined by the Architectural Control Committee. Detached buildings may not be constructed prior to the construction of the main dwelling, and said detached buildings shall comply with ally of -the essetback BODK_.�=-�- pAG .�. Permit Class RENEWAL Permit Number 16-98 STATE OF NORTH CAROLINA Department of Environment and Natural, Resources and Coastal Resources Commission Vamit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 — Excavation and/or filling pursuant to NCGS 113-229 Issued to Island View Shores, c/o Tom Singleton, 1891 NC Hwy 24 East Newport, NC 28570 Authorizing development in Carteret County at Bogue Sound, off of Hwy. 24, immediately east of Sanders Creek , as requested in the petmittee's application dated This permit, issued on December 12 2001 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit renewal must be attached to the original of Permit No. 16-98, which issued on 2/4/98, as well as [ne minor InOd1'i 1C8tion issue a lon 'fri.i Ji,. Aria all docu:Yierlis YriU f ,:e rCadit f av'ailti41e v'u site when Division'personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit,remain in force under this renewal. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case,may be. This permit must be. accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2003 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. '15onna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee TF,� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary December 13, 2001 Island View Shores C/O Tom Singleton 1891 NC Hwy 24 East Newport, NC 28570 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with -the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. DH/csp Enclosure Very sincerely, "m v Douglas V. ugP`1gett Major Permits/Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: httpJ1dcm2.enr.state.nc.us . An Equal opportunity \ Affirmative Action Employer- 500h Recycled \ 10%Post Consumer Paper Please use this card to schedule a pre -construction conference Immediately BEFORE you begin work on your permitted project. The pre -construction meeting will give you the opportunity to discuss permit conditions, construction techniques and any questions you may have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out this card and mall It to the Division of Coastal Management at the address on the reverse side. Thank you. Permit number: Expiration date: Issued to: Contact person: _ Telephone number: Project starting date: Permit Class Permit Number STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission vamit for X_ Major Development in an Area of Environmental.Concem pursuant to NCGS 113A-118 .0 Excavation and/or filling pursuant to NCGS 113-229 t6'9R FEED Issued to Tsland View Shores r/n Tam Cioelotn,.root Nr rr 24 Fact Nownprt N! �u'yt) authorizing development in Carteret County at Rooue Sound off of Hwv �4 irttmed east of Sander reek , as requested in the permittee's application dated 3/12/97 with fill section revised 11/12/97, application letter dated2/12/97 and work plan schedule in Condition No. 1. This permit, issued on. ',)-- _ 4 — Q e , is subject to compliance withA-application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Project Planview 1) The proposed project shall be carried out in strict compliance with the revised planview dated received 11/18/97 depicting wetlands and authorized wetland fill and the pianview -- "Island View Shores`, for project detail, dated revised 4/15/97. Where wetland impacts in the plan dated 4/15/97 conflict with wetland fill shown on the 11/18/97 plan, the plan dated 11/18/97 takes precedent. Any fill greater than that described in that plan would require permit modification. Wetland Fill 2) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters outside the footprint of the authorized fill area depicted on the work plan dated received 11/18/97. (See Attached sheet for Additional Conditions) This permiLaction may be appealed by the pemtittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may br . This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December December 3�2001 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N, hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted, iitm Ohirn of Pn.m inn i Island View Shores/Tom Singleton Permit 916-98 Page 2 of 3 ADDITIONAL CONDITIONS 3) All backfill materials will be obtained from a highground source and totally confined landward of the authorized fill area. 4) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands outside the footprint of the approved fill area is not authorized. 5) The fill material will be clean and free of any pollutants, except in trace quantities. 6) No excavated or fill material will be placed in any location or in any maker so as to impair surface water flow into or out of any wetland area. 7) No filling or excavation of coastal wetlands is authorized under this permit. 8) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 9) Silt fencing or other adequate sedimentation/erosion control measures must be installed between all wetlands or water and any ground disturbing activity NOTE: The Division of Water Quality approved the revised proposal for wetland fill on January 8, 1998 under General Water Quality Certification No. 3112. Such Certification provides important environmental safeguards. General 10) Prior to maintaining the existing ditch across lots 42 and 43, the applicant must have the coastal wetlands delineated by a representative from the Division of Coastal Management. 11) A minimum setback of 30' must be maintained between any built upon area'and the mean high water contour. 12) No development, other than the improvements authorized in this permit, can begin within 575' of the mean high water contour without a modification of this permit, or a Minor CAMA permit issued to an individual property owner. 13) All construction must conform to the NC Building Code requirements and all other local, state and federal regulations. Island View Shores/Tom Singleton Permit #16-98 Page 3 of 3 ADDITIONAL CONDITIONS 0 14) The Division of Water Quality approved storrnwater runoff controls for this project on May 22,1997 under Permit No. SW8970421. Any violation of the SWMP will be considered a violation of this CAMA permit. Archaeological Resource Protection 15) Prior to initiation of ground -disturbing activities, an arechaeological survey will be conducted to identify and evaluate the significance of any cultural resources which may be adversely affected by the proposed project. Based on the results of the survey and as necessary and appropriate, an impact mitigation will be developed and implemented by the permittee in accordance with guidelines and consultation by the Division of Archives and History. NOTE: This is a mosquito breeding area. Construction plans and operations should include awareness of this. The applicant should contact Carteret County Mosquito Control at 919/728-8595 for a site visit or information to help prevent the creation of more mosquito habitat. NOTE: The permittee is advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. seq.). For information concerning septic tank and other onsite waste disposal methods, contact the Carteret County Health Department. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any Land -disturbing activity. Submit this plan to the Dept. of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845. NOTE: Access connections to NC24 require approval through the DOT District office in New Bern. STROUD P.A. HESTRON PLAZA TWO 161 •A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247.7479 _ To: Tere Barrett @ NCDENR-DCM From: Kathleen Gray @ Stroud Engineering, PA. ' Date: March 9, 2001 Re: Island View Shores Subdivision Major Permit No. 16-98 Modification We offer the following information necessary for the review of the permit modification request for the access road for the existing boat ramp at Island View Shores. We measured water depths on March 8, 2001 at 3:00 p.m., an assumed low tide based on tide data for the Spooners Creek station. - r., Measurement recording stations are shown on the attached drawing. Station No, 1 is located 40 feet from the landward end of the existing pier. The stations are at 20 ft. intervals. The recorded water depths are reported below: Station No.. Depth ft. t. 2 1.2 3 1.7 4 2.0 5 2.2 6 2.0 7 2.0 8 2.1 9 2.3 The water depth at the en-d of the pier measured 3.1 ft., File: kS%ivswawdeplhs.wpd 107 COMMERCEST. HESTRON PLAZA TWO SUITE a 102.0 CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NO 27858 WILMINGTON, NO 28403 MOREHEAD CITY, NO 28557 (252) 766-9352 (910)815.0775 (252)247.7479 z z LUw W J d rw — o zm � M a O x U O - _ ---I fl Y i wa i I w a i a L w z 0 I z IyJ r I I O LD w 1 p z �a co- > w I i l 00w N o z I zt- u w o O J O W u I I N W w N 6 z j a z W0� o a J F W z N zz w Z W>- i 00 O a 0 Q F- J a z a s a F- 7) Y 11 N 00 w a �u w U Oaf f0�i ~O . w mw oo I z U in 3 > a f- I I x x ' R I I W ^d x o qv ___,_`- wml I� A�I J I�IM SZ' � .I �I w 37j I I 9Z'S8 ca A�y� �� V�J�1 .I� I •- _y Jv _ ^J I I co _ x U O L1 co O � W M J co W Q HY, - 3 1' 0 1 fTHU) 16 33 OEHNR COSTAL KU TEL:919 733 1495 P,001 Pelmil Class MODIFICATION/ Note 7671 Dau pag► r C Pham a ax N M Joey 111tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 0 —Excavation and/or filling pursuant to NCGS 113-229 Permit Number 16-98 Issued to Island View Shores, c/o Tom Singleton,1891 NC Hwy 24 East, Newport, NC 29570 Authorizing development in Carteret County at Bogue Sound, off of Hwy. 24, immediately east of Sanders Creek , as requested in the permittee's application datod lener_dated ins udinz attached workolan drawings (1), dated revised 1/29101. This permit. issued on Mev 31. 2(M)l , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. An} vitiation of these terms may ne subject to Tines, Imprisonment or civil action; 0r may cause the permll 10 be null slid void, 1) This minor modification authorizes the construction of a 14 ft, x 444 ft. driveway access to the existing boat ramp, including a 30 ft. x 75 ft. Turnaround area as depicted on the attached workplan drawings dated revised 1129/01. 2) The 30 ft. x 75 ft. turnaround area shall in no case be closer than 30 feet from normal high water at the time of construction. 3) In order to minimize turbidity impacts in the water body, access to and from Bogue Sound via this ramp shall only occur during periods of sufficiently high tides. Dredging in any manner, including "kicking" with boat propellers, is not authorized and will be considered a violation of this permit. This prohibition shall be applied and enforced throughout the entire existence of the permitted project. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2001 In isgwng this permit. the State or North Carolina agrees that ynur project is consistent with the North Carolina Coastal Mtmngomani Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resuruceg Commission. onna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtiltee MAY, -31'O1(THU) 16:34 DEHNR COSTAL MGMT TEL:919 733 149S P.002 Styron, Heather M. From: Stan Wood <swood3009@gmai1.com> Sent: Monday, December 14, 2020 2:38 PM To: Styron, Heather M. Subject: [External] Fwd: Certified Letter Returned Attachments: IMG_2818jpg; IMG_2819jpg CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Certified letter returned ---------- Forwarded message --------- From: Randall Seltzer <rseltzna,icloud.com> Date: Mon, Dec 7, 2020 at 4:24 PM Subject: Certified Letter Returned To: Stan Wood <swood3009kgmail.com> Stan, Attached the the returned certified letter that the Kennedy's refused to except. ENG4 Randy Seltzer USCG Sector NC, Engineering Div SFO Fort Macon Atlantic Beach, NC .� . . . ....� :®�00 a 3 ' ] 0, 0, . m =- C) ® >}\}\4)o !R! a C3 b§)/t \— !.&,33 . \ _u . \ \ /E\a{;\ e $}& =, 0 \\\}\ \I/ ( (� x ® \ co 0\ ` \�Ln \ ru \ k . (/ ® SD 3 e ,::e,y;, ` \(! 2Em 0 0- `((`_ {) ! $4 !}0 / }ky~ z} ! ® 2 ! [ } s � 9 o - ! ) »e2r=!a.« k(r% \)/ Z Q® Styron, Heather M. From: Stan Wood <swood3009@gmail.com> Sent: Monday, December 14, 2020 2:40 PM To: Styron, Heather M. Subject: Fwd: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. FedEx Refusal. ---------- Forwarded message --------- From: Stan Wood <swood3009@gmail.com> Date: Thu, Dec 10, 2020 at 1:33 PM Subject: Re: [External] Fwd: Community Area Easement Location To: Styron, Heather M. <heather.m.styron(cr�,ncdenr. ov>, Dedee Dunn <dedeedunn@gmail.com>, mark Wheeler <markwheeler52(a)gmail.com>, Randall Seltzer <rseltz c@icloud.com>, Tim Mariner <pastortim@gladtc. com> Okay, They refused the FedEx delivery. Please accept this last act by them as the end of this process. Stan Wood TRACK ANOTHER SHIPMENT 781079083210 Attention graphic Refused by recipient Recommended action: Call Shipper/Recipient to resolve problem, then contact us at httn://www.fedex.com/us/customersoport/call/index.html to advise FedEx of needed action. Notice graphic No scheduled delivery date available at this time. Scheduled delivery: Pending DELIVERY EXCEPTION IkII► m.01111►agma'gre GET STATUS UPDATES Direct signature required Want to know when your package will arrive? See your estimated delivery time with FedEx Delivery Manager. Sign up or Log in FROM Knightdale, NC US Iv KINSTON, NC US MANAGE DELIVERY Manage Delivery. Select to review possible delivery options, below. Clickable. • Travel History • Shipment Facts • Thursday, 12/10/2020 12:54 pm NEW BERN, NC Delivery exception Relused be recioiei • Tuesday, 12/08/2020 12:11 pre Shioment information sent to FedEx Expand History 2 [Local Scan Time VJ [Local Scan Time A My Shipments All Ll Inbound L1 Outbound (0) Watch u You do not currently have any shipments. On Tue, Dec 8, 2020 at 1:29 PM Styron, Heather M. <heather.m.st3fron@ncdenr.gov wrote: Ok and thank you From: Stan Wood [mailto:swood3009@email.comj Sent: Tuesday, December 8, 2020 1:15 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.eov>; Randall Seltzer <rseltz@icloud.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. On the way by FedEx, delivery by tomorrow. But couldn't send it with out a return address. On Tue, Dec 8, 2020, 11:36 AM Styron, Heather M. <heather.m.stvrongncdenr.gov> wrote: I believe she suggested you can leave your return address off completely so that may be an option. From: Stan Wood [mailto:swood3009@amail.coml Sent: Tuesday, December 8, 2020 11:33 AM To: Styron, Heather M. <heather.m.styron@ncdenr.sov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: Externat email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. I guess we have to show our correct name on the FedEx package and not my company name right? They may sign for a package that's not from the HOA. If they can associate the package as coming from the HOA I doubt they will sign. On Tue, Dec 8, 2020 at 11:24 AM Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: Yes and thank you. From: Stan Wood [mailto:swood3009@gmail.coml Sent: Tuesday, December 8, 2020 11:20 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.aov>; Dedee Dunn <dedeedunn@amail.com>; mark Wheeler <markwheeler52@Rmail.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@eladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. I guess we can try FedEx. Are we sending them the same thing? Form and drawings? On Tue, Dec 8, 2020 at 11:16 AM Styron, Heather M. <heather.m.stvron&ncdenr.gov> wrote: She is saying that that is one attempt at showing you tried but that you will need to try again maybe through ups or fedex. She also wants you to document all attempts you have made (certified mail, asking for signature etc). Do they have an LLC or a business? You can send it there as well if so. This will help show that the HOA did everything within their power to notify this land owner. This is beneficial if it ever came to this owner saying they were not notified or filed a court case etc. I know this is frustrating and I apologize. From: Stan Wood [mailto:swood3009@gmail.coml Sent: Tuesday, December 8, 2020 11:10 AM To: Styron, Heather M. <heather.m.styron@ncdenr.aov>; Randall Seltzer<rseltz@icloud.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. So our USPS letter that was returned isn't sufficient? Copies attached. On Tue, Dec 8, 2020 at 11:04 AM Styron, Heather M. <heather.m.styron ,ncdenr.gov> wrote: Hello Mr. Wood, This is the response I received from DCM counsel. Please see below; 7J .0204(b)(5) requires certified mail showing that notice was delivered (have them track the package and see what the usas.aov tracking says....) Let's start there and see what their tracking actually says. If that doesn't work, they can try fed ex/ups and get a signature that way (and maybe they don't put a return address on the package so if these folks are denying service on purpose, they might sign for Fedex/UPS. Have them document their attempts with the usos.com tracking and any emails to/from these neighbors. If the neighbors own as an LLC or Inc, we can send to the registered agent. Anything the HOA can do to show their attempts is helpful, but they need to try more than one route before we can try other options. Before I can issue a permit you will need to try to use another method she suggested. I know this is inconvenient but we want to save the HOA any interference as much as we can and also want to notify correctly. Thanks, Heather L" From: Stan Wood (mailto:swood3009@email.coml Sent: Tuesday, December 8, 2020 9:30 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.aov>; Dedee Dunn <dedeedunn@email.com>; mark Wheeler <markwheeler52@emai1.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@¢ladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Heather, we just found this language in our covenants that gives us the right to repair/replace our pier. Thought it might be useful to you. Stan Wood. Subparagraph (i) on Page 20 of the Declaration provides that "All waterfront Lots hereby expressly waive the fifteen (15) feet riparian setback as required by CAMA and/or the Corps of Engineers for all Lot lines which adjoin other Lots in the Subdivision provided the structure (i.e. pier, dock or etc.) has been approved by the Committee. Lots 40, 41, and 42 consent to the location of the dock and pier constructed appurtenant to the Community Use Areas designated as "20' Boat Ramp Access Easement" on the Subdivision Plats and hereby waive any CAMA or Corps of Engineer restrictions or setback requirements. Furthermore, the Owners of Lots 40, 41 and 42 agree that the Corporation shall have the right to replace and/or reconstruct the dock and pier in its present location (or as nearly as possible) in the event the dock and/or pier is damaged and/or destroyed by any event or occurrence, and the Owners of Lots 40, 41 and 42 agree to execute any documents necessary to further acknowledge such." On Mon, Dec 7, 2020 at 3:16 PM Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: I will let you know. From: Stan Wood [mailto:swood3009@gmaii.com] Sent: Monday, December 7, 2020 3:13 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. That would be nice!!!!! On Mon, Dec 7, 2020 at 3:11 PM Styron, Heather M. <heather.m.styrron&ncdenr.gov> wrote: Thank you and no need to send it again this is fine. I am actually discussing with DCM counsel to see if we even need the Kennedy's signature because of the easement. From: Stan Wood (mailto:swood3009@gmaii.coml Sent: Monday, December 7, 2020 3:08 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Dedee Dunn <dedeedunn@gmail.com>; mark Wheeler <markwheeler52@gmail.com>; Randall Seltzer <rseltz@icloud.com>; Tim Mariner <pastortim@gladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Steve Waters agreed to sign. A photo of the signed form is attached. I'll scan it tomorrow and send the scanned copy to you. Do you know where we stand with getting the permit? Our certified letter to Kennedy that he refused to accept has been returned to us if you need that. Stan Wood I On Mon, Dec 7, 2020 at 1:38 PM Styron, Heather M. <heather.m.st}_ron ncdenr.gov> wrote: If the s/d pier is on the Kennedy lot then Mr. Waters would be an adjacent neighbor. From: Stan Wood imailto:swood3009@gmail.coml Sent: Monday, December 7, 2020 1:37 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. He's lot isn't adjacent is it? We didn't ask him to sign one but I'm sure he would On Mon, Dec 7, 2020, 1:03 PM Styron, Heather M. <heather.m.styronnn ncdenr.gov> wrote: Did you get the Steve Waters signature? From: Stan Wood [mailto:swood3009@gmail.coml Sent: Thursday, December 3, 2020 12:12 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; Dedee Dunn <dedeedunn@gmail.com>; mark Wheeler<markwheeler52@gmail.com>; Randall Seltzer<rseltz@icloud.com>; Tim Mariner <Dastortim @gladtc.com> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Reoort Spam. G Let me know if you need anything else. Stan Wood On Thu, Dec 3, 2020 at 11:20 AM Styron, Heather M. <heather.m.s ron c@ncdenr.gov> wrote: Yes please. That way I have it all together and a drawing. From: Stan Wood [ma iIto: swood3009@Rmail.coml Sent: Thursday, December 3, 2020 11:18 AM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location CAUTION: External email. Do not click links or open attachments unless you verity. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. You mean the one signed form from the other property owner (Willie Glenn) and the USPS receipts? On Thu, Dec 3, 2020 at 11:15 AM Styron, Heather M. <heather.m.stvron@ncdenr.gov> wrote: I think we can use the certified receipt even though the Kennedys denied the package. If you will send me all the signed forms and the receipts in one email I will talk with my supervisor to see I few can proceed. From: Stan Wood [mailto:swood3009@gmail.com] Sent: Wednesday, December 2, 2020 4:41 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: Re: [External] Fwd: Community Area Easement Location 10 Glenn has signed. On Wed, Dec 2, 2020 at 4:37 PM Styron, Heather M. <heather.m.styron(n,ncdenr.gov> wrote: What neighbor will not sign? From: Stan Wood [mailto:swood3009@Rmail.com] Sent: Wednesday, December 2, 2020 2:51 PM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov>; ivspoa@email.com Subject: [External] Fwd: Community Area Easement Location Here's the easement and map. Please let me know if you need anything else. Stan Wood ---------- Forwarded message --------- From: Stan Wood <swood3009gszmail.com> Date: Wed, Nov 11, 2020 at 9:51 AM Subject: Re: Community Area Easement Location To: Krystle Diefenbach <itskrystleggmail.com> Cc: Tim Mariner <pastortim(2gladtc.com> 11 I found a map showing the easement so I think this will meet our needs. Stan On Tue, Nov 10, 2020 at 9:51 PM <itskrystleggmail.com> wrote: It is my understand that the pier will need to be rebuilt in the place it currently sits. I believe we were told we have to maintain the original footprint in order to be grandfathered in for the length. Do we have reason to believe Mr. Singleton had the pier built outside of the community use property? Sent from my iPhone > On Nov 10, 2020, at 6:18 PM, Stan Wood <swood3009@Rmail.com> wrote: > > > I was thinking as we are getting close to rebuilding our pier that we really don't know where the legal easement is. We know we have a path down to the boat ramp but where exactly is the easement as it relates to the pier? I would think it's important that the pier be built within the legal easement to insure access. In the covenants it states the exact location in degrees but where is that? I would recommend we get the easement surveyed before construction starts just to be sure. The legal location is attached. Thanks. Stan > <2003 Common Area Easement 1013003.pdfl 12 January 13, 2021 James & Diane Kennedy 2820 Alton Phillips Rd Kinston, NC 28504 Also Delivery by email to: dianehk@embarqmail.com Re: CAMA General Permit No. 78274-C Dear Mr. and Ms. Kennedy: This letter is in response to your 12/22/2020 email and your legal counsel, Mr. Daniel Tower’s email correspondence on your behalf, to the Division of Coastal Management regarding your objections to the proposed pier and platform repair and replacement project by IVS, LLC, in care of Mr. Stan Wood. The proposed project is located in Bogue Sound at 419 Island View Dr, in the Newport township, Carteret County, North Carolina. The Division has reviewed your concerns and objections to the proposed project. After reviewing the proposal along with your objections, the Division has determined that the proposed development complies with the rules of the Coastal Resources Commission in 15A NCAC 7H .2000, which allows the repair, reconfiguration, and maintenance of an existing docking facility within the existing structure’s footprint area. Therefore, the Division issued CAMA General Permit No. 78274-C dated January 12, 2021 to IVS, LLC, in care of Mr. Stan Wood for the repair, replacement, and re-construction of an existing pier, platform and stepdown as authorized by the permit. A copy of the permit is enclosed for your review. If you wish to contest the Division’s decision to issue this CAMA permit, you may file a request for a Third Party Hearing. The request for a hearing will be considered by the Chairperson of the Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days after the disputed permit decision is made. Mr. and Ms. Kennedy January 13, 2021 Page 2 of 2 Please contact DCM Field Representative Heather Styron or me at (252) 808-2808, extension 216 and 217 respectively, or me by email at Heather.M.Styron@ncdenr.gov and Roy.Brownlow@ncdenr.gov, if you have any questions, or if we can provide any additional assistance. Information and forms for filing an appeal can be found on the Division’s web site at: https://deq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances-appeals Sincerely, Roy Brownlow District Manager Attachment Email Copy to: Heather Styron Field Representative, DCM, Heather.M.Styron@ncdenr.gov Stan Wood, for IVS, LLC, swood3009@gmail.com Christine Goebel, Assistant General Counsel, DEQ Daniel Tower, Legal Counsel for Kennedy, dtower1@me.com