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HomeMy WebLinkAbout85646D - Bowser 01'4'r 1 f'CAMA 1 1 DREDGE & FILL N9 85646 A B CCC) GENERAL PERMIT Previous permit Date previous permit issued ( New ❑Modification L I Complete Reissue [ 1 Partial Reissue 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: ISA NCAC © •QC• Rules attached. u General Permit Rules avaiable at the following link:www.deq.nc.gov/CAMArulee Applicant Name C.O'�/* r( Authorized Agent . "Th:fo) C.P.143Pv _ Address+`I11 V_•��Q,r 'pt�. ->" ,�q ` Project Location(County): City W11� }'e+'• State �<.- ZIP 0 \ Street Address/State Road/Lot#(s) S Phone#(_ ). Email Subdivision — City ��((�,, City Ct..�1 ZIP CJ Wci Affected tfI CW gl EW [PTA El ES 0 PTS A1.Wtr.Body Mk oknaWunk) AEC(s): UOEA CI IHA IDUW El SPIMA 0 PWS Closest Maj.Wtr.Body ��"«� ORW:yes/dr, PNA:ittsino Type of Project/Activity S.iti-e ( ; 'T -2Ce ''Qt-/ k t'`I cXa-JFk — — (Scale:).StS ) Shoreline Length ZOO r+ Access lengtlN'20i<i°,5o1 )`(0i Pier(dock)length"•-•.7"1'sea' r,�_ Fixed Platform(s) toS'z.qV \-2 ✓ c• .25' Floating Platfor ) I. Finger piers) r. 1�' —�_ ZS^"t� Total Platform area 4tX R.. d rJl, Groin length/q Buikh d/Riprap length -4 '17- / `.-y y Avg dista ce offshore .V Breakwater ill Max distance/ gth Nr Basin,channel_ +(/ s/'t . \(7 Cubic yards /4, ,/ • (% `� Boat ramp y Boathouse/Boatlift__ Beach Bulldozing_ \ 1 Other SAV observed: yes a) NI V �`Sig /� - Moratorium: n/a yes res f+e Site Photos: y 1i mot'' T� Riparian Waiver Attached: no i( (i( tAett • 7 lt4 L endb y A building permit/zoning per it may be required by: r Permit Conditions NO � � cog,( i 'c. 4x Q(,sX. I TAWPAM/NEUSE/BUFFER(circle one) 114 nut- • t t,.Jfi (�t,Jstyc 1, oO ssAsaQ1Zt n See note on back regarding River Basin rules --' — n See additional notes/conditions on back 1 AM AWARE OF STATUTES,CRC RULES ANb CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. On _A_! r .._--__-_-- _ A Greet �F-1+5". 1,4- eM orrAAppplliic�ant PRINTED Name Name Permit Officer's P Signat re•'Please rgpd compliance statement on back of permit•• Signat re • AppiRation Feels) Check If/Money Order Issuing Dat Expirat n Date 4o`°m'"` 1 CAMA I I DREDGE & FILL No. 85646 A B CCED 3° Previous permit GENERAL PERMIT Date previous permit issued r-New Modification Complete Reissue Partial Reissue 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 5A NCAC '1,2.0CD Rules attached. General Permit Rules available at the following link:www.deq.nc.gov/CAMArules Applicant Name ` Authorized Agent S. ( --f .5 Address, L I t U �?P.r b Y' Project Location(County): " ' —�? �J City tIbV'MS State KL ZIP 2- L0 \ Street Address/State Road/Lot#(s) S Phone#( ) Email Subdivision City Ck,sa J- "- ZIP ---2.-- ®1 CfOq\ � Affected 't ' .CW EW IrPTA ES n PTS Adj.Wtr.Body L e C _( 4nan/unk) AEC(s): n OEA I I IHA UW n SPIMA n PWS Closest Maj.Wtr.Body ' 1 L LL-) ORW:yes/s PNA:t1( Ao r �,� (�` 's -(� Type of Project/Activity •�\S4tLQ1 4Q� .1-m ,Q�K- �/ CX ,,. (Scale: ) Shoreline Length 2 C-�Vt�/�qq t"f— Access LengtFf'20iGir/ 5O'>`Ci Pier(dock)lengthy z?`CoI ty?— Fixed Platform(s)i0)4'1`C/ c (iii - �,.. r_;. .--2,5 ` ---_ Floating Platfor' ) � i Finger pier(s) CLv z I......\_ Total Platform area �e,e+-- �% Groin length/# Y�l Bulkh d/Riprap length _,I 1� 11 \.7, j,� Avg dista ce offshore V V V V i' NI* Breakwater ill Max distance/ ngth Basin,channel ib } / Cubic yards 1\ * / V \ Boat ramp V, Boathouse/Boatlift \ Beach Bulldozing " } Otherif NI V 't SAV observed: yes di) ,fit Y + L,' -.,p fi. Moratorium: n/a yes 4 Site Photos: yes 143 till- Riparian Waiver Attached:out/6) no _ r \ tt( V { �t A building permit/zoning permit may be required by: (� TAR/PAM/NEUSE/BUFFER(circle one) Permit Conditions 0 < < t")T4 ttirAtale6, t n -ScjQ ��''`, wt - !` � ( taio�i�Qa� n See note on back regarding River Basin rules ��T AilaceAskal X S/ �" t� ire �� �irxeri � n See additional notes/conditions on back ditall I AM AWARE OF STATUTE CRC RULES A COND IONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. 'IW nitial) ent or Applicant PRINTS Name Permit Officer's P e Signat re**Please rend compliance statement on back of permit* ,!2 Signat re (� Application Fee(s) Check#/Money Order Issuing Dat Expiry n Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terrns 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 from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar - Pamlico River Basin Buffer Rules 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. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves: Carteret, Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort,Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S. Griffin St. Ste. 300 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 (Serves: Bertie, Camden, Chowan, Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 3"`°"skttsr'1CAMA n DREDGE & FILL No. 85646 A B c `D. G E N E RAL PERMIT Previ; Trrnit s Date issued f New Modification Complete Reissue n Partial Reissue 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: I5A NCAC Rules attached. [ I General Permit Rules available at the following link:www.deq.nc.gov/CAMArules Applicant Name 4- +-'• C-' Authorized Agent Address r-;.'>C.-f a--• Project Location(County): City State ZIP ' Street Address/State Road/Lot#(s) Phone#( ) Email Subdivision City ZIP Affected CW EW n PTA n ES PTS Adj.Wtr.Body ' ;'tJtA-"1-Ctl k ( Y'2..C- mar unk) AEC(s): n OEA IHA UW SPIMA PWS ' r ❑ ❑ n nClosest Maj.Wtr.Body � 'u._.•�- �-�`". ORW:yes/no PNA:yes/no Type of Project/Activity 4.fi '� (Scale: ) �`C"` Shoreline Length � - . f Access Lengthf Pier(dock)length1111 ')%41116.1W ' ,,. ./:Air1M.P: Fixed Platforms) �v Floating Platform(s) I •I -►fib. ... IIIIIIIIIIIIII Finger pier(s) PII�; �-11Pi 1Wr .._........... ... ......---- L. 4 . Total Platform area _.> 1 1 i �wJ Milk Groin length/ft 1 i "7" �A1 ' ' jMINI Bulkhead/Riprap length lila.._ _ ._....__ ......�._�_...� __-_ .i 1 _ Avg distance offshore . fi, �!, Breakwater/Sill ` . !r Max distance/length '`. , ‘ opt �+ if I i Basin,channel ; All.,f ( r Cubic yards di _.1..__ ;._.._ ., 'ill 1 • II 1 1 Boat ramp ilibinitirpilpl,r '1Boatlift Beach Bulldozing V 1 _.____ ._.-_-- Other ._._...- 116, r L 1 1 SAV observed: yes no �► Moratorium: n/a yes no 000.4 Site Photos: yes no '(l1 i, )'_, I! _._ Y, I j..._. ). � Riparian Waiver Attached: yes no k t((? �1 r ' 1�' A building permit/zoning permit may be required by: n TAR/PAM/NEUSE/BUFFER(circle one) Permit Conditions -v-'24c. j•/..i�.-\ C '.#i-it . tGA {- ; x Nc,ACck l-{ c—ickt-. -- -- �i 3ZQC�, n See note on back regarding River Basin rules nSee additional notes/conditions on back I AM AWARE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Nam j ice, Signature**Please read compliance statement on back of permit** Signature j/ a Application Fee(s) Check R/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit 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 from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar - Pamlico River Basin Buffer Rules 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. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889 252-808-2808/1-888-4RCOAST Fax: 252-247-3330 252-946-6481 (Serves: Carteret, Craven—south of the Neuse River,Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort, Craven—north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District Wilmington District 401 S. Griffin St.Ste. 300 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 (Serves: Bertie,Camden, Chowan, Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties) Pasquotank and Perquimans Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Scott Bowser Mailing Address: 1117 Upper Reach Drive Wilmington NC 28409 Phone Number: 910 409 0211 l Email Address: sbowser@mungo.com I certify that I have authorized Sea Dog Marine Construction Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Pier and Boat Lift Davit at my property located at 1117 Upper Reach Dr,Wilmington NC in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Informati n: Signature Scott Bowser Print or Type Name Title OS , 17 2( Date 12 12 2021 This certification is valid through I I CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Scott and Jennifer Bowser Address of Property: 1117 Upper Reach Dr,Wilmington NC (Lot or S reet#, Street or Road, City&County) Sea Dog Marine Const. Agent's Name#: by Adam Greene Mailing Address: 107 SW 9th Street Agent's phone#: 910-876-0852 Oak Island NC 28465 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. / I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management(DCM)in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at(910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) \ (Adjacent Property Owner Information) ILL . ..)1\40[,;,-:_ltfetjici---Pj Si 14' ' ature Scott Bowser John and Kristen Kilpatrick Print or Type Name Print or Type Name 1117 Upper Reach Drive 1201 Upper Reach Dr Mailing Address Mailing Address Wilmington NC 28409 Wilmington NC 28409 City/State/Zip City/State/Zip 1/0 1405' o2t l lit -6, 14. 110S Telephone Number Telephone Number G 1 7.—‘t/Z-1 A-2 Date Date Revised 6/18/2012 ---•• ��..0 �rrr1lf_ • Kt I URN RECEIPT RE VESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner. Scott and Jennifer Bowser Address of Property: 1117 Upper Reach Dr,Wilmington NC (Lot or Sleet#, Street or Road,City&County) Sea Dog Manne Const. Agent's Name#: by Adam Greene Mailing Address: 107 SW 9th Street Agent's phone#: 910-876-0852 Oak Island NC 28465 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are pro osing.A description or drawing,with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management(DCM)in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wiilmington, NC, 28405-3845. DCM representatives can also be contacted at(910) 796-7215.No response is considered the same as no objection if you have been notified by Certified Mall. WAIVER SECTION I understand that a pier,dock, mooring pilings, breakwater, boathouse, lift,or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) ‘.?(_do wish to waive the 15'setback requirement. I do not wish to waive the 15'setback requirement. (Property Owner Information) (Adjacent Pro y Owner Information) e<>72_ j ,ture Signature Scott Bowser John and Kimberly Golder Type Name or Print or Type Name Print 1117 Upper Reach Drive 1115 Upper Reach Dr. Malting Address Mailing Address Wilmington NC 28409 Wilmington NC 28409 City/State/Zip City/State/Zip q( b Ifec 0111 6U0-517-1Zo � Telephone Number Telephone Number !l Dale Dale Revised 6/18/2012 Hall, Bryan L From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Wednesday, August 18, 2021 12:56 PM To: Scott Bowser Cc: Hall, Bryan L; seadogmarineconstruction@gmail.com Subject: [External] RE: Pier Head CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to" Report Spam. Hi Scott, I'm not sure of the address or the linear feet of shoreline for this proposal; however, you are allowed up to 4 square feet per linear foot of shoreline, up to a maximum of 800 square feet. Kind regards, Kathryn H.Thurston,AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov ar tar TO P METH CANICIUMA Follow us on Facebook or Twitter facebook/cityofwilmington @a cityofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scott Bowser<sbowser@mungo.com> Sent: Wednesday,August 18, 2021 12:21 PM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Cc: 'Hall, Bryan L' <Bryan.L.Hall@ncdenr.gov>; seadogmarineconstruction@gmail.com Subject: Pier Head Hello Kathryn, I'm working with Bryan Hall with DCM and wanted to get clarification on the any city restrictions for a pier head size. He had a shading concern with the original pier head that was 26' long by 15' wide and suggested 26'x 10' . See below Ex A. The issue is that I intend to lift a 16'8" boat out of the water and place it on the Pier Head and 10' is not wide enough for the boat and it takes up most of the dock if I run it lengthwise. I was wondering if I extended the pier to 40' and keep it ' at the 10'wide if it would be in compliance with the city ordinances? Ex B. Thank you! Scott Bowser EX A EX B 0\\\NN....,,,,,,,_ i:AVIT UFT -fir ...1 ,tt; /1 7) � P( --tiE- k / / Prepared by and returned to Charles D. Meier 430 Eastwood Road Suite 200 Wilmington, NC 28403 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DEED OF EASEMENT Parcel No: Portion of R06608-015-006-000 No Revenue Stamps Not the principal residence of the Grantor THIS DEED OF EASEMENT ("Easement") is made and entered into this the (b day of April, 2021 by and between Upper Reach Home Owners Association, Inc., a North Carolina nonprofit corporation ("Association") and Scott R. Bowser and wife Jennifer A. Bowser, citizens and residents of New Hanover County,North Carolina("Bowser"). RECITALS: A. Bowser is the owner of Lot 33, Phase 1, Upper Reach Subdivision, as depicted on the plat recorded in Map Book 31, Pages 241-244, in the office of the Register of Deeds of New Hanover County ("Lot 33"). B. The Association is the homeowners' association for the Upper Reach Subdivision and manages and operates the Common Areas described in the Declaration of Covenants, Conditions, and Restrictions for Upper Reach recorded in Book 1464, Page 1824, and Book 6242, Page 210, in the office of the Register of Deeds of New Hanover County, as amended(the "Declaration"). C. The Declaration requires prior written approval of Association's Architectural Control Committee ("ACC") prior to the construction of any structures, buildings or improvements on a Lot. D. Bowser has made application to the ACC for the construction of a dock extending from Lot 33 onto the Association's "Tidal Marsh Common Area, 9.07 Acres" as shown on a Map recorded in Map Book 31, Page 242, in the office of the Register of Deeds of New Hanover County("Dock"). E. Bowser has requested approval of the application for the Dock and an easement across the Association's "Tidal March Common Area, 9.07 Acres"within the riparian corridor of Lot 33 in order to construct the Dock("Easement Area"). F. The Association has agreed to approve the request for the Dock and the Easement Area under the following terms and conditions, to which Bowser has agreed. NOW THEREFORE, for and in consideration of good and valuable consideration paid by Bowser to the Association, the receipt and sufficiency of such consideration being hereby acknowledged, the parties hereto for themselves, their successors and assigns, hereby agree as follows: 1. The Association hereby grants unto Bowser, their successors and assigns, for the use and enjoyment of Lot 33 only, a non-exclusive perpetual non-warranty easement over, through, and across the Easement Area for the purposes of the construction, maintenance, repair and replacement of the Dock, and for pedestrian access, ingress, egress, and regress to and from Lot 33 across the Easement Area to the Dock, all subject to the terms and conditions set forth below. 2. Bowser shall obtain and comply with all conditions of the approved CAMA Permit and any other governmental permits required for the Dock. The Dock shall be built in accordance with the plans and specifications attached as Exhibit 1 and incorporated herein by reference except to the extent modified by these terms and conditions. In particular, there shall be no railings installed on the Dock leading out to the platform area. The platform area shall not exceed 10' x 40'. 3. After construction, Bowser shall, at their sole cost and expense, maintain, repair, and replace the Dock and all improvements located within the Easement Area, in a good and workmanlike condition in accordance with the Declaration, and in accordance with all local, state and federal laws and regulations. 4. In the event of damage to or destruction of the Dock or any other improvements within the Easement Area, Bowser shall proceed promptly to repair or to reconstruct the Dock in a manner consistent with the construction as of the date of original construction. In addition, Bowser shall clear the Easement Area of all debris and maintain the Easement Area in a neat and attractive condition. 5. Bowser, at their sole cost and expense, shall maintain a general comprehensive liability insurance policy insuring the Association and designating the Association as an additional insured against any and all liability for injury to or death of a person or persons, by or arising out of or in connection with the use of the Dock and Easement Area. The limits of such policy or policies shall be in an amount of not less than One Million Dollars ($1,000,000.00) with respect to injuries to or death of any one (1) person, in an amount of not less than One Million Dollars ($1,000,000.00) with respect to any one (1) accident or disaster, and such policy or policies shall be non-cancellable. Such policy or policies or duly executed certificates of insurance as required shall be delivered by Bowser to the Association simultaneously with the execution of this Easement and thereafter at least ten (10) days after written request of Association. In the event Bowser fails to maintain such insurance, in addition to other remedies available to the Association, the Association may obtain such insurance and Bowser shall immediately reimburse the cost thereof to the Association. 6. Bowser shall indemnify and hold the Association, its directors, officers and management agents, harmless from any and all loss, cost, fine, suit, damage, expense or liability for any damage or injury to any other person or to any property occasioned by or resulting from the willful,negligent or improper conduct, acts or omissions on the part of Bowser, their agents, employees, and invitees from or in or about the Dock or Easement Area. 7. No personal property, including, but not limited to, furniture, chairs, coolers, paddle boards, canoes, grills, towels, etc. shall be allowed to remain overnight on the Dock or within the Easement Area. 8. Floating docks are prohibited. 9. Only non-motorized boats and watercraft may be launched, moored, stored or allowed to remain overnight on, or attached to, the Dock, or anchored near the Dock. Provided, however, that Bowser is allowed to launch, moor, store or allow to remain overnight, one (1) low profile boat under seventeen (17) feet in length, with a dry weight of less than nine hundred (900) pounds, with an outboard motor of seventy five (75) maximum horsepower, four (4) stroke engine. The current approved boat is a "17 Sport-Rigid Boat". Any future boat to replace that one must meet the specifications described above AND be approved by the ACC. 10. Any lift systems/davits must be approved by the ACC, permitted and installed by a licensed electrician. 11. No fireworks on the Dock or within the Easement Area. 12. No permanently installed speakers on the Dock or within the Easement Area. 13. Any lights on the Dock must be submitted to and approved by the ACC. 14. Must have signage stating the Dock is private property and no trespassing within the Easement Area. 15. No hunting or use of firearms on the Dock or within the Easement Area. 16. Any changes/improvements to the Dock must be approved by the ACC. 17. All boats and other watercraft must be removed from the Dock and Easement Area upon the issuance of a tropical storm or hurricane warning. 18. Bowser shall be liable for all damages to adjoining properties as a result of the Dock and the building process of it. This includes, but is not limited to, yard damage, irrigation damage and structural damage. 19. All construction vehicles must be parked on one side of the road in front of Lot 33 during construction of the Dock and cannot block driveways. 20. There shall be no commercial usage or rental of the Dock. Only boats or other watercraft owned by Bowser may be launched, moored, stored or allowed to remain overnight on, or attached to, the Dock, or anchored near the Dock. 21. Any violation of these terms and conditions shall subject Bowser to enforcement action under the Declaration, including,but not limited to, fines. 22. Bowser shall be responsible for and shall pay any taxes assessed against Lot 33 based on the Dock and/or improvements located within the Easement Area. 23. It is agreed that the rights, easements, terms and conditions hereby granted and described are appurtenant to and shall run with Lot 33 and shall be binding upon the parties' successors and assigns. 24. Bowser shall pay to record this Easement and shall reimburse the Association for it reasonable attorneys' fees to negotiate and draft this Easement. [Signatures to Follow] IN TESTIMONY WHEREOF, Bowser and the Association have caused this Easement to be executed under seal and in such form as to be binding as of the day an first above written. (SEAL) Sc . Bo r J i r A s(..\,012---1,1/YLL/t.4...0.--4-U.;40A(SEAL) r STATE OF NORTH CAROLINA COUNTY OF Nsw 1-\04\.ev'r I certify that Scott R. Bowser and Jennifer A. Bowser personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose(s) stated therein and in the capacity indicated therein: Date: 1202-1 S. nature Notary Public Y-1 vb.1 TV1 Notary's pri 7ted or typed name My commission expires: Ot 4". I� 2_02 `1 (Official Seal) \\`tt�t T R U N ftii/,/i Notoiv Public New Hanovor county T zit" D l+I'C AS( \``�� Notary seal or stamp must appear within this box. UPPER REACH HOMEOWNERS ASSOCIATION, INC. (SEAL) By: Its: Preside �` Printed Name: U STATE OF NORTH CAROLINA COUNTY OF NPR 2Slp\if I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein:T�, la k)- k ate 1�M e sj e4-1 1 Date: Sep2 2 021 gna re of ota blic Lc_ic Ik Cr a rner V�uc h a n Notak's printed or typed named My commission expires: 4,1'f 7, 2 U Z y (Ofcial `````�E V Ili', :S C7riej :'•o�c�lssfon °40 ll .. o , 2a.. $ /41°VER Notary seal or stamp must appear within this box. EXHIBIT 1 ARCHITECTURAL REVIEW REQUEST FOR OFFICE USE ONLY c/o CEPCO Date Received .RED FU JAN I 1628 DOCTORS CIRCLE Crucial Date II C WILMINGTON, NC 28401 Date Sent to Committee Main:(9101 395-1500 Fax: (910)395-6229 Date Reevd From Co Ittee Email-arcOcepco-nc.com CM( 1l1 h n_c Request 0 2 5 6 4 t1 ARCHITECTURAL APPROVALS ARE GRANTED PURSUANT TO APPLICABLE COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's). It is the responsibility of the owner to assure their project is compliant with all CC&R's, Association Policies,Architectural Guidelines,and Rules and Regulations, if applicable. For the Owner: Please completely fill out Sections 1, 2, 3 and 4 below for your submittal. Leave no line blank. If a question does not apply to your request, please indicate with 'Not Applicable"or"N/A". Important Note; Beginning any work on an unapproved submission may subject the applicant to corrective measures by the Association, including removal and/or restoration of the project at the Owner's expense. SECTION_1 -GENERAL INFORMATION 1_-Name of HOA(Not CEPCO): °PPE' C*c tt + ek__ Owner Names)(print): -°TT- -,�ep�w�S -Nit.- Date! 1 I t S ,?a 21 Project Address: \\1`1 1 ?POP- t`"-ev'Sr-rc DR tv E Lot tt S g Best Contact Number:{ I v j 409' - CD'Z-I i Email Address S b0w5F4-457-)r+1 tiJ rk-yd,t�o 4`'t SECTION 2—AIICHITECTUF[�iL_R.EVIEW REQUEST$PECIFiC.$ \1 TYPE OF ADDITION OR CHANGE(S)REQUESTED: Air DETAILED DESCRIPTION OF PROJECT AND/OR IMPROVEMENT: DOES YOUR PROJECT REQUIRE A DUMPSTER7: YES NO ESTIMATED DATE OF COMPLETION: 3 V NAME OF COMPANY/CONTRACTOR EXPECTED TO PERFORM WORK: "5EZF Note:It is the responsibility of the owner to ensure all contractors on your project adhere to all HOA regulations. ADDITIONAL REQUIREMENTS 1. Attach a copy of your lot layout showing the exact location of the proposed improvernent(sl. 2. Impervious square footage should be included for any exterior improvements and installations. 3. For fencing requests,mark your lot layout clearly and show any existing fencing. 4. Measurements from existing structures and property lines must be shown. 5. Additional illustrations or information may be required by the ARC Committed if necessary, for adequate review consideration. 254 86 16 IMPERVIOUS SQUARE FOOTAGE:If your project is adding additional impervious square footage,fill in the blanks below: Impervious square footage already in existence on lot: 1.1 ft Note: This must include the entire footprint of the home (heated square footage plus the garage space), porches, patios. driveways, sidewalks (including any impervious areas between the front lot line of the property and the edge of the street pavement),sheds and other similar structures,asphalt,concrete,gravel,brick,stone.slate,pavers,coquina,and parking.areas. IQ] Additional square footage added with this project(if any) N 1 f\- New total impervious square footage: t SECTION 3 -ATTACHMENTS FOR THIS REQUEST ENCLOSED ATTACHMENTS:(Check all that apply) Survey or Plot Plan Specification Sheer .,_V_Drawing/s) —Product or Manufacturer's Brochurels1 —Product/Paint Samplelsi__Other Other Supporting Oocumenrs/nfcormation SECTION 4 -ACKNOWLEDGEMENTS AND SIGNATURE(REQUIRED' I fully understand and agree: 1. Work on the project has not, nor will be, started until approval is received in writing from CEPCO or the ARC Committee. 2. I understand that my improvements must be completed per specifications or approval is withdrawn. 3. I am responsible for the timely completion of the project and the prompt removal of any related debris. Refer to HOA Guidelines for specific project timeline requirements,if applicable. 3. It is my responsibility to comply with the zoning, building codes laws, etc.. of all governmental authorities. I understand that Association approval does not constitute approval of the local building department and that I may be required to obtain a building permit. 5. It is my responsibility to ensure all contractors are properly insured and require a Certificate of Insurance. 6. If an easement exists on my property,it will be located before any work begins. 7. I will follow the rules of the Protective Covenants,Architectural Guidelines and Rules and Regulations. 8. Approval by ARC is for aesthetic considerations only and does not represent structural integrity or soundness of construction. 9. Submission of this request gives permission of a member/members of the ARC Committee/Board of Directors to walk the owner's property to view/inspect the proposed project request before being started as well as upon completion. Homeowner Signature is Required. No substitutes allowed.Failure to sign will result in a returned request to the owner. Owner Name(s): Date: t �lC— ,20 Z.) ISignatteel Please submit your completed request to: ARC Review Request,c/a CEPCO, 1628 Doctors Circle, Wilmington, NC 28401 Fax:(910)395-6229 or Email:arc@cepco-nc.com Do not fill out below this line SECTION 5 -FOR ARCHITECTURE REVIEW COMMITTEE(ARC) USE ONLY Application Received at CEPCO by _ $JiLfldJflDate: , 20 ARC Committee Preliminary Decision: PPROVED APPROVED SUBJECT TO DENIED ApprovallDenial Conditions: ARC Committee Final Decision: APPROVED APPROVED SUBJECT TO DENIED Reasons for Denial: .._.__. ARC Committee Member:_,... Date:__ 20_ (Signature) 04/2020 Rtrr'v n fit7! 2,15(..0t-1 3 ? Memo To: Upper Reach HOA From: Scott Bowser Date: 1/15/21 Re: 1117 Upper Reach Drive Request for Easement and Dock Approval Please see the attached documents to support this request for an easement and ARC approval to build a dock at 1117 Upper Reach. tt is my intention to build a low-profile dock on my property through the marsh and to Hewietts Creek to provide my family access to our community's beautiful natural resource. As a biproduct of building this dock, my home will increase in value and enhance our neighborhood and the property values within it. I've met with Patrick Amico from CAMA/Department of Environmental Resources last week at my house and we walked the property to determine what type of dock would be allowable by his department. After measuring the depth and width of Hewietts Creek and walking the marsh,he said there are a few different scenarios that work to construct a dock but we both agreed the attached sketch is probably the lowest impact and least intrusive. See attachment A—Dock and Platform Sketch. My goal is to build at dock to waterway of Hewietts Creek at CAMA specs of a 6'wide walkway at 36"above the marsh bed. No railings would be installed on the dock leading out to the platform area that is 15x26' (nothing larger than 400'is allowable). A davit would be installed to hoist a john boat out of the waterway. Additionally, there is a smaller dock that is on my property that would be approximately 6' x 50' long. ACCESS: According to the recorded survey (see attached map book 31 page 242) the apparent high water follows the rear property lines of lots in the subdivision. Patrick and I discussed this and his belief is the intention of the Apparent High Water Line location outlined on the survey was to provide the land owner with riparian rights to Hewietts Creek. EASEMENT: While the survey indicates i have riparian rights, I'd prefer to have an access easement from the HOA where the dock will be constnicted. Your approval would give me peace of mind that after building a $50,000+ dock I won't be challenged to tear it down in the future for any reason.Of course, any costs to procure said easement will be absorbed by me and I can have my real estate attorney draft it as soon as I hear back from the HOA. Materials: Marine grade pilings Treated decking 1,500tb rated davit Thank you! Scott Bowser RErLil cfl J N 1R 2021 ' st2. 564B8 • + '; 7.\."<.,,,,. =. it ...111. ,i.. .. ..,.i ' 4 r ...;. .4....t<,-,.„;.,. - ,. .....s6::.;,..c 4; ,,,f177..... ..,c.-- . V....4j\ i 4 -• f f. : ..,,,, P. ?... "c;•:. '''''.. sy 4... • t i...... 1"ro.c. 'f - / •7Y r.' M4— ot. , r:1 'II` ,.. ,'r!.' ..rMMP+f�/Ws,Weff+�" j. t mlrY.Y .r/f a+M 4:, ..\ ', +.•4���y� y '\ fP1 . -=�.` ,AN. s" `..'- , # <* �,� \� . " N. ... "..... / / / Cr 'fli. ''''' ..4.".=.. . t4 ‘... : .-e lc 44 ...' _.: i ' 414 :'44 k 1.,.\',. '''....:'":".' 1 r t t i io .......+s I rwra....rww ..w.. +..r.a.w:r. �, /,' . RE V!S£O �,,a.,,.<a...,.,... - 4,'". f" ,,. MAP OF SURVEY a,i, a f ` r UPPER REACH — .. ;;,: 1 „4„,.... V.1174.fir ir......,6*Mr \'‘..:: , •• ....a.a .— le' i _.- ------\\ -N§, N / \\ ,!lil, / / - --- I // i . — — ......—. / /4/- "....id");""'" -; yr __. -- . !') N.. /* 'al ur /----. I'!4 a cligt„.44,L.,. :71-41111rki* {.ifV� tl , E. 19E0 BUILDABLE AREA . 6,875 SD, FT NOTES. 2016 6U:LOABL£ AREA = 3,325 SO. FT. N..2016 CONSERYAT.ON AREA W TTiW I. BACKGROUND IIAP WAS CREATED BY SHER'.NN CRIBB, PIS P Sr BACKS 8.148 1990 NO CHECK WAS MADE FOR ACCURACY O THAT DATA. 2016 BUILDABLE AREA OUTSOE CF 2. LOT IS LOCATED ENTRELY IN FLOOD ZONE AE 12 PER CONSERVATON AREA • 1,286 PRELIMINARY FIRM MAPS. 3. 20.4NG IS R-15 PER CITY OF 1MLN NGTON ZONING MAP. 4. R-15 REQUIREMENTS PER CITY OF WILMINGTOH ZCNII4 FRONT SETBACK REDUCED FROM ORDINACE DATED 2003 ARE AS FOLLOWS: 30' TO 17.6'. PERCENT REDJC71CN FRONT SETBACK=30' S 41 3X. SIDE SETSACK.10. REAR SETBACK•23' GRAPHIC SCALE MAXIMUM KEwk1=i5'. 03 I o 5. LOCATOR*ORMAT.ON NASECOM}PLETED ON ORING HOUSES EBRU RY 4. 2016,AND UMiTED CRY TPTI t',. SCALE. I'-lo' 6. n.its IS NOT A BOUNDARY SURVEY. Flri . ,. ',„ ,t -u''..,i,". : MWe.::N.Sa:B•:•S •"—"' ,; .;' '^ .... A. t PROPOSED PLOT PLAN POTENTIAL OANFA l e COMM , 4,tf r,e ril -• cobmovadc PC ,°s'4.,r';,;,„ LOT 33R - UPPER REACH SEC 1 SCOTT NORTBOWH ER jAK 1 WLA,INCTOh, f.tIR TM Ci4C4,si LAIr„� f 1 1117 UPPER REACH OR, +MLMiNGTON NC ,)` Isot. Iv C.n lA4 g '2E71 t I VS7, t4 ' REI-7/ : 2 5 6 4 8 8 / , , ow sizo. iti 1""" Find A Parc / ip 0,,t ,,,,,wig,7 1007 1.44t4,,,,,Cur NC _ , / .1,...... 1...17Q •....... - •"; .:" / ..... le• III a ./ 40, ' lit 031 , • ki% . ' . 0 SC • i :• CNC en i / OV° • / C9 .' / rr CV) . ... ,,e I OM ,,. 7 1pper, / .,-,„4. 26 One ItIVX/ . , 1 MEP ,..,, .v, . ,... X . . . ..„ ,., ,... ...,....„ _ , .,:,:,,,..tV.;;,-'.,:p&-';i,,. ., • , . - - esri so, - 1. 11, irn 1256488 • , 7.17,4 ,toStA:, g r`; i5f!4, r= f f —____,_ / GRAPHIC SC \LE \ \ '''' — ' �, ,i. n =>er.T ) �, `�� i Inc IV ft \ ',.__, •— \ f ," Y ,, / I; r. /� i GL7 .R J3,iN KIABERLY ' ` tiff `'E�2 n EAC, ORiY. rl ` . €'i r to /*'''': 4i /,,-` „.- / , r i .- } ^ V om'} V _ I -a 9''�ss°�..e „� i 54;, �/ f NERAL NOTES I 1. PARCEL LINES ARE APPROXIMATE AND ARE NOT /'' I BASED ON PHYSICAL SURVEY DATA. ./ ,7` / 2. STRUCTURE NOT TO EXCEED } WATERBODY_ / OOASc, s.01 `T ENN —"'''- ' 3 WATERBODY MEASURED ONSITE BY DCM AS 27' •:, T UPPER r 7R 4. WATERBODY SHALL BE CONSIDERED 6'. r' 5. MAX PILE SPACING 8' ALL DIRECTIONS. i' ; 6. PILLS DRIVEN TO 8' MINIMUM. �',7, FINAL LENGTH AND ALIGNMENT OF PIER TO BE rA ., ;3 DETERMINED AFTER SURVEY. s / / SITE PLAN (PAGE 1 OF 1) ! IL( r i kR:.`TE', -. 7 R '2 LA(I n`.. • "` " (4) MR.SCOTT BOWSER / 1117 UPPER REACH DRIVE �pCt •j�, ��� WILMINGTON,NC 28409 8/31/2021 910.816.0852 Check Dab Received Data Deposited Check From(Name) Name of Permit Holder Vendor Check number amount Permit Number/Comments Receipt or Refund/Reallocated Columnr Column2 Coumn3 Coumn4 Columns Column& Coiumn7 Columns Column9 10/5/2021 .Wilmington Marine Construction James Teach Bank of America 1027 $ 400.00 GP#85618D BH rct.15636 10/5/2021 Scott Bowser same Bank of America 6037 $ 200.00 GP#85646D _ BH rct.15641 10/5/2021 Land to Sea Construction,LLC Nixon Family Trust First Citizens Bank 513 $ 600.00 GP#85660D KE rct.15750 10/5/2021. Brent Smith same Merrill I 3768 $ 200.00 GP#856900 KE rct.15677 10/5/2021 Jared Lippell same Bank of America _ _ 134 $ 400.00 GP#85647D BH rot 15642 10/5/2021 _ Signature Building Solutions.LLC Christy&John Mack First Citizens Bank I 1426 $ 200.00 GP#856910 KE rct.15680 10/5/2021 Allen Brown same CresCom Bank 2179 $ 200.00•GP#802660 IPA rct.12799 10/5/2021 •Dock and Deck Dudes,LLC Scott&Margaret Medon •PNC Bank 1230 $ 200.00 GP#856590 KE rct.15747 10/5/2021 ,Dock and Deck Dudes LLC Scott&Margaret Medon •PNC Bank 1231 $ 200.00 OP#856590 IKE rot.15748 10/5/2021 Dock and Deck Dudes,LLC Scott&Margaret Merlon PNC Bank 1232 $ 200.00 GP#856590 IKE rct.15749