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HomeMy WebLinkAboutSC_17-14_ Palms (2) l Issued by WiRO SC17-14 Surf City Permit Number CAMA MINOR DEVELOPMENT PERMIT Coastal Management ENVI17ONMENTAL QUA,ITY as authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to The Palms at Boca Bay Homeowners Association authorizing development in the Estuarine Shoreline (AEC) at easement located between 206 and 208 N. Boca Bay Lane, in Surf City, Pender County as requested in the permittee's application, dated September 26, 2017, and received by DCM on September 29, 2017. This permit, issued on October 19, 2017, is subject to compliance with the application and drawing dated and received by DCM on September 29, 2017 and October 19, 2017 (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Permanent elevated walkway. (1) All proposed development and associated construction must be done in accordance with the permitted site drawing dated received by DCM on September 29, 2017 and October 19,2017. (2) Any change or changes in the plans for development, construction, and/or land use activities will require re-evaluation and modification of this permit. (3) A copy of this permit shall be posted or available on site throughout the construction process. Contact this office at(910) 766-7221 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project is inspected for Jason Dail compliance. Any maintenance work or project modification not covered under CAMA LOCAL PERMIT OFFICIAL this permit,require further written permit approval.All work must cease when this permit expires on: 127 Cardinal Drive Extension December3l,2020 Wilmington, NC 28405-3845 In issuing this permit it is agreed that this project is consistent with the local Land • Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal PERMITTEE Management. (Signature required if conditionsI1 al�AA 1boveA/II 11IP.iI rr p.init) All' Name: Palms at Boca Bay Homeowners Association Minor Permit#SC17-14 Date: October 19, 2017 Pa•e2of3 (4) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetated and stabilized (planted and mulched)within 14 days of construction completion. (5) Any proposed for grading within the 30' buffer from the Normal High Water level must be contoured to prevent additional stormwater runoff to the adjacent marsh and/or canal. This area shall be immediately vegetated and stabilized, and must remain in a vegetated state. (6) All development, unless specifically exempted in this permit, shall be located at least 30' landward of the normal high water line. In this case, only the proposed 5' x 50'wooden walkway is authorized. (7) This permit does not authorize the excavation or filling of any wetlands, even temporarily. (8) This permit does not authorize construction beyond (i.e. waterward) the upper limits, or landward edge, of any wetlands. (9) All structures shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (10)Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third-party. (11)If a court of competent jurisdiction determines that a party other than the permittee has legal rights to any part of the area approved under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. NOTE: All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. SIGNATURE: DATE: 7 PERMITTEE RECEIVED nnm WILMINGTON,NC Locality U ei Permit Number `/ �L Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER Name Pei 1"n Ol1-S IDGC` I G� �� 7LC��'� 7'f� '�'►'�`` /�('e;S.� CJ Address o700(j 60L�, �s�.ti � � &l , �--� G" of O � / City State Zip X`/ Phone 7 7m — (, 7 - (pS-,7 Email kJ'Ae-r ri'ex S « �_ (5,-y1/. fi r» AUTHORIZED AGENT/n� Name `v , Address City State Zip Phone Email W‘akitiaq LOCATION OF PROJECT: (Address,street name and/or directions to site.If mit oceanfront,what is the name of the adjacent waterbody.) eetS - 4 b (6 �&)6' a-4 o1 d 6 DESCRIPTION OF PROJECT: (List all proposed construction ana Ian turbance.) l.J ems((e.,4.4.)c- SIZE OF LOT/PARCEL: square teet acres ( -{-e a-t ci mod S 2a s tea..- °(- PROPOSED USE: Residential .1;4 (Single-family El Multi-family q) Commercialflndustrial 0 Other Ej COMPLETE EITHER(1)OR(2)BELOW(Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet(includes air conditioned living space,parking elevated above ground level,non-conditioned space elevated above ground level but excluding non-load-bearing attic space) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES:r, 5 O square feet(includes the area of the roof/drip line of all buildings,driveways,covered decks, concrete or masonry patios, etc. that are within the applicable AEC.Attach your calculations with the project drawing.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? /V A YES NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. RECEIVED OTHER PERMITS MAY BE REQUIRED:The activity you are planning may require permits other than the CAMA minor development permit,including,but not limited to:Drinking Water Well,Septic Tank(or other sanitary waste treatment system),Building,Electrical,Plumbing,Heating and Air Conditioning,Insulation and Energy Conservation,FIA Certification,Sand Dune,Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection,and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I,the undersigned,an applicant for a CAMA minor development permit,being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit,certify that the person listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as: (check one) an owner or record title,Tie vested in ,see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance.Applicant is an heir to the estate of • probate was in County. )( if other interest,such as written contract or lease,explain below or use a separate sheet&attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: c(ex—r—ti31-7 s I furthermore certify that the following persons are owners of properties adjoining this property.I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) • (1) &_ti.,' Tp ei 4- �\ i b g A Vic( & (2) C � ( 0„,„,,, �- 5 e ��) got, g i f (3) rd G D1/4.)G. (4) -pis" ACKNOWLEDGEMENTS: I,the undersigned,acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding.I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot.This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. 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. This the '(o day of_I . , ,20 /7 • /iteiv).0 , fAi2-04.41e,n1-- TBB 1-1-0A L owner or person authhoo d to act as his/her agent for purpose of filing a CAMA permit application This application includes:general information(this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC Notice where necessary, a check for$100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued.Deviation from these details will constitute a violation of any permit.Any person developing in an AEC without permit is subject to civil, criminal and administrative actrl CEIVED j i ROY COOPER �� Gurernnr MICHAEL S. REGAN Coastal Management ENVIRONMENTAL OUALITY BRAXTON DAVIS Director October 24,2017 Palms at Boca Bay, HOA c/o Katie Herring, Pres. 200-B Boca Bay Ln. N. Surf City, NC 28445 Dear Ms. Herring: Attached is CAMA Minor Development Permit No. SC 17-14 for work to be done at the easement located between 206 and 208 N. Boca Bay Lane, in Surf City,Onslow County. An electronic copy has been sent to the Onslow County Inspection Department. To validate this permit, please sign both copies of the permit as indicated for our records. Retain the orange copy for your files and sign both pages of the white copy and return to us within 20 days of receipt, in the enclosed, self-addressed envelope This is not a valid permit until it is signed and returned to our office. Thank you for your prompt attention to this matter. Sincerely, Shaun K. Simpson Permit Support Technician Enclosures Cc: WiRO files ON Inspection Dept. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 ROY COOPER Governor t,a MICHAEL S. REGAN qLi BRAXTON DAMSCoastal Management ENVIRONMENTAL QUALITY Director October 19, 2017 Donnie and Sandra Carter 1321 Cherokee Trail Sanford,NC 27332 Dear Mr. and Ms.Carter: This letter is in response to your correspondence(e-mail),which was received by the Division of Coastal Management on October 3,2017,regarding your concerns about the proposed development by The Palms at Boca Bay Homeowners Association,at easement between 206 and 208 N. Boca bay lane, in Surf City, Pender County. The project consists of the construction of a permanent,elevated wooden walkway within an easement,extending from a point near the edge of the existing roadway to a point landward of the upper edge of wetlands.The proposed project has been determined to comply with the Rules of the Coastal Resources Commission(15 A NCAC 07H .0209), and therefore,a permit has been issued authorizing the development. I have enclosed a copy of the permit,as well as the applicable rules. If you wish to contest our decision to issue this permit,you may file a request for a Third-Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the • Director,Division of Coastal Management, in writing and must be received within twenty(20)days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prioT to that deadline. Please contact me at(910)796-7221, if you have any questions,or if I can provide any additional information. Respectfully yours, _ ;(2,,iii.,e s Dail,LPO orth Carolina Division of Coastal Management 127 Cardinal Drive Wilmington,NC 28405 Cc: WiRO file / ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY October 19, 2017 Dorsey and Dana Daniel 200 Cross Vine Lane Greensboro,NC 27455 Dear Mr. and Ms.Daniel: This letter is in response to your correspondence(e-mail),which was received by the Division of Coastal Management on October 4,2017,regarding your concerns about the proposed development by The Palms at Boca Bay Homeowners Association,at easement between 206 and 208 N.Boca bay lane, in Surf City, Pender County. The project consists of the construction of a permanent,elevated wooden walkway within an easement,extending from a point near the edge of the existing roadway to a point landward of the upper edge of wetlands. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission(15 A NCAC 07H.0209),and therefore,a permit has been issued authorizing the development. I have enclosed a copy of the permit, as well as the applicable rules. If you wish to contest our decision to issue this permit,you may file a request for a Third-Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,Division of Coastal Management, in writing and must be received within twenty(20)days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at(910)796-7221, if you have any questions,or if I can provide any additional information. ectfully outs, Jason Dail, LPO North Carolina Division of Coastal Management 127 Cardinal Drive Wilmington,NC 28405 Cc: WiRO file 0 late. V.,•.i L...e.t CAraal sc41. \4 , 4o' ofc 5 'x so ' vs00,64.-VAlerl Sla wM3 Sou..e1 1--- ` 1 N\AVL A8' 1 1 1't 1 \ W ti ti V • • ♦ 7v / i w kv s.£rt P, w i .i, e s , , \ upt.,,, so .. \ .o. -pruPs, o4- /x' CAS c Q • /%V r~ 20 es /;`F 71 Ap?ref. Jj I 206 S l 'rvx r51rs,,/44 .,,urd% p1L y Mo A sloop t3.i 4v� cli ,Nc RECEIVED DCM WILMINGTON, NC DRAINAGE CP ��� / 8 30' CAMA / / ,,4 Q. EASEMENT 9 / 208 9U +O/Q� / /\:::/: • SW54'11'W � / / / / aooa /% ' 1 ^ j / cr. 'ajes° No / / 5Z9 \ Z ' . ., if 1Na \ . In V ,044// , A .n Jai 1 ? t arr "I,, /' 1:.„ II t 1 '''. i 17, k co / tr. I At '4. 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II .NE ell. .w'Sr# E Os.]OBB.P.191 N.B.N.P.32 Lnr) a2505.:V�FIS LOT T a'B.Y SO/3 ° .a UNIT t N. a \ NO EnsnNO LAND UY M&,2 P.30 ma, R7}E711.iMN ID ///RI_-.O1,/Y� = ad I F I I R0W ZONE•Ar RA 15.P.57 LOT B 0.560 ACRES LOT B IOB�;Ws O ,p M REM RF tm / O Sa .,. ill 0 I (ELEVATION.12) YCM:55,EGRESS TECRE5S. 1015 SA.FL GCS f� UU CCC QK�•"r 1 K A ( ORAMACE.UTUT1 EASEMENT aa7 ACRES GRAPHIC SCALE c 1 T I -Q.y,1RT,i PEIOEA AVE R/. 1001� 441 • v s —— LOT RECOMBINATION FOR d CHARLES F. RIGGS & ASSOCIATES, INC. Row I 1 5" FL000 ZONE•E 0rA AREA IMAM) R• a JJ I( I ' (OEVATON-In THE PALMS AT BOCA BAY Jo.s,A s A M C.nY L11�SURTETWC-CONVENTIONAL&GLOBAL POSITIONING SYSTEMS, I Naaf I 0.M0 s m G LAND PLANNING!COMPUTER MAPPING �. I DAIS BWIOBEII 2M00) .--Ci *XT 201 0ARL*OR STREET KI LOTS 1-B V 4 NI�I� P.O.BOX 1570 I FIELD BOON: ip0 PACE:___1S— _^ r-- III O 5N.. H 20541-1570 TOPSAIL TONNSNIP,PINDER COUNTY,NORTH CAROUNA COMPU1ER&S nNRna/OT-O,-.TFP-PA.. YdY K m T`lE 05143(%O)NI90.1.3 Near Yd Al9lE:(B10)MYW]T TORN OF SURF CITY IPRO.JECT NUMBER: 0J-a1-.T I E-NAL 005I.0ARNcn.c.n - o- -G��- M '15 ' i�6 54 gib 1 1 p v z z LoU.A'" I (4-k-tyks,A441) , 6 b 4 ��al �uc�a.l�� - 9 - vts► 3 cr1+"71) .&r xL IT:3 3 ,1 to, yae $xz 'i w'U apt'4"'';7 S RECEIVED DCM WILMINGTON, NC OCT 1 92017 10.4db \$-a , t V.'"DS 43A" t°V) S L 1Va Dail, Jason From: Allan Turner <allanturner67@gmail.com> Sent: Thursday, October 19, 2017 8:08 AM To: Dail, Jason Cc: Katie Herring; Connie Dean Subject: [External] Re: Palms at Boca Bay HOA walkway/boardwalk Attachments: Palms at Boca Bay Walkway Detail Drawing.pdf; Surf City Town Walkway Example.jpg; Surf City Town Walkway Example.jpg CAUTION:This email originated from outside of the organization.Do not click links or open attachments unlessyou verify that the attachment and content are safe.Send all suspicious email as an attachment to report.spam@nc.go \}1 .., OCT 1 9 201l Jason. Katie Herring, HOA President, asked me to provide the following information requested in your email dated 10/16/2017 regarding the scope of the proposed walkway project. 1. Will it be elevated? The walkway will be slightly elevated.The elevation will range from ground level to approximately 8 inches depending on the terrain. (See attached Detail Drawing) 2. Will it be supported by pilings? The walkway will be supported by 4x4 footers spaced approximately 6 feet apart. (See attached Detail Drawing) 3. Will it be a permanent or temporary structure? The walkway will be a permanent structure. A drawing providing details of the walkway construction is attached for your information. In addition, we attached a picture of a Surf City town walkway that is similar to our construction and provides a clear picture of the deck, girders, frame, and footers. Please advise me as soon as possible if you require more information. Thanks, Allan On Mon, Oct 16, 2017 at 1:45 PM, Dail,Jason<jason.dail(&ncdenr.gov>wrote: Good afternoon, I trust you are well. Just wanted to send a quick email informing you where we are with the subject CAMA minor permit application. On October 3, 2017 and October 4, 2017,the NC Division of Coastal Management(DCM) received written comments from the adjacent property owners regarding the scope of the proposed walkway project. Specifically, the adjacent owners expressed concerns over the type of structure that is being proposed. The main points regarding construction were: 1) will it be elevated 2)will it be supported by pilings and 3)will it be a permanent or temporary structure?As these questions are relevant to permit approval, and because there is insufficient information detailing this work in the application package,the DCM is requesting that you provide a response addressing these points. If you would be so kind, please reply with your comments within the next few days. The 10-day public comment period has ended so as soon as I get your response we will move forward with our decision. Please be advised, if DCM does not receive any/all information necessary for permit determination within 25 days of the date of filing (i.e. 25 days from September 29, 2017), a letter will be sent to you requesting additional time for review pending receipt of the additional information being requested. As always, please feel free to call with any questions, comments or concerns. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Mana'ement 127 Cardinal Drive Ext. Wilmington,NC 28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dail(a ncdenr.,Qor • -'"`/'Nothing Compares..- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Dail, Jason From: Dail, Jason Sent: Monday, October 16, 2017 1:45 PM To: 'ktherring515@gmail.com'; Allan Turner(allanturner67@gmail.com) Cc: Wilson, Debra Subject: Palms at Boca Bay HOA walkway/boardwalk Good afternoon, I trust you are well. Just wanted to send a quick email informing you where we are with the subject CAMA minor permit application. On October 3, 2017 and October 4, 2017,the NC Division of Coastal Management (DCM) received written comments from the adjacent property owners regarding the scope of the proposed walkway project. Specifically,the adjacent owners expressed concerns over the type of structure that is being proposed. The main points regarding construction were: 1) will it be elevated 2) will it be supported by pilings and 3)will it be a permanent or temporary structure?As these questions are relevant to permit approval, and because there is insufficient information detailing this work in the application package,the DCM is requesting that you provide a response addressing these points. If you would be so kind, please reply with your comments within the next few days. The 10-day public comment period has ended so as soon as I get your response we will move forward with our decision. Please be advised, if DCM does not receive any/all information necessary for permit determination within 25 days of the date of filing (i.e. 25 days from September 29, 2017), a letter will be sent to you requesting additional time for review pending receipt of the additional information being requested. As always, please feel free to call with any questions, comments or concerns. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7221, Fax:(910)395-3964 Jason.Dail@ncdenr.gov —"'./'Nothing Compares --� E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Dail, Jason From: Dail,Jason Sent: Wednesday, October 04, 2017 8:20 AM To: 'Jed Daniel' Subject: RE: [External] Palms @ Boca Bay Permit Application (Objection) Thank you Mr. Daniel. I have print a copy of your email and placed it with the file. Once we make a determination on the project, I will notify you. Take care, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dail@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Original Message From:Jed Daniel [mailto:jeddanie157@gmail.com] Sent: Wednesday, October 04, 2017 7:39 AM To: Dail,Jason <jason.dail@ncdenr.gov> Cc: Dana Luke<danaduckluke@gmail.com> Subject: [External] Palms @ Boca Bay Permit Application (Objection) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the attachment and content are safe. Send all suspicious email as an attachment to report.spam@nc.gov. Jason, Recently,we received a copy of the Palms @ Boca Bay HOA CAMA permit application for construction of a walkway. A copy of this application was forwarded to us via certified mail by Katie Herring, Homeowner's Association President. In response, we want to formally OBJECT to this action based on the following reasons. 1)The permit application is for the construction of a wooden walkway spanning from the street to the marsh on grass portion of the easement centered on the property line between us (208A) and Sandra and Donnie Carter(206B). The application makes reference to a "survey" and declarations, neither were attached. 2) Construction of this wooden walkway is presumed to ultimately serve for water access. We OBJECT to this proposal for many personal and ethical reasons beyond what is stated in this correspondence. -4f3)1'nts application is very vague as it pertains to specifics of construction. In addition, maintenance, public access, hours or use, and insurance and liability provisions have never been discussed. As such, I trust you agree that it would not be very prudent to approve such a structure until these matters are finalized. Currently,there are unresolved personal liabilities and costs associated with this application. 4)According to our restrictive covenants, permanent structures are not allowed on easements. It appears as though a walkway would not be floating and require some sort of support. 5) In addition,the property owner as listed in the application is incorrect. 6) Finally, it is not clear to us that since the request does not include a pier/platform (at least at this point),whether Boca Bay has the right to build a structure on our property, even with presence of an easement, and also whether CAMA would be the appropriate governing or permitting body for approval of the structure on private property. We hope that you will take our reasons into account when reviewing this application and ultimately rendering a decision. Should you have any questions regarding the contents of this correspondence, please feel free to contact me. Dorsey W. & Dana Daniel Owner 208A Boca Bay Lane Surf City, NC Sent from my iPad Sent from my iPad f Dail, Jason From: Sandra Carter <scarter0l@windstream.net> Sent: Tuesday, October 03, 2017 8:34 AM To: Dail,Jason Cc: Jed Daniel; Kenneth G. Ording Subject: [External] Walkway application at Palms at Boca Bay CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you verify that the attachment and content are safe.Send all suspicious email as an attachment to report.spam@nc.gov. Good Afternoon Mr. Dail, We have received a certified letter today that an application has been filed in your office for a 5' x 50' wood walkway to be built on our property at Palms at Boca Bay and would like to file an objection to this application. Our understanding is that this will not be built in the marsh but in our yard on the grass area of our property. First, we are not sure why our HOA would need to build on top of our grass. This would be to achieve what - a walkway across the grass to the beginning of the marsh and what would that accomplish. There is not a problem walking across the grass to get to the marsh. Second, we are aware there is an easement on our property that gives access rights for anyone to walk to the water. This is also a maintenance easement for drainage of storm water swells. We are pretty sure you will find in your records that Mark Yow, the developer stated maintenance easement for this property. Our Palms of Boca Bay Declaration of Covenants states that within any easement, no structure,planting or other material shall be placed or permitted to remain which may interfere with the reason for the easement. So there is no provision in our declaration that allows building a wooden structure on top of an easement. This is not common area but private property with a maintenance easement. Third, a wooden walkway will decay over a period of time and may cause injuries to others. There would be a need for the HOA to carry additional insurance on this property and name the property homeowners as additional insurers. We would need in writing if permitted that the HOA is fully responsible for the walkway, its maintenance and insurance. The insurance would need to be carried from being of construction to as long as walkway exist. The application is so vague that one can not assume whether the walkway will be built on pilings or constructed on the ground. A drawing of the structure itself is needed for one to understand if it flat or it has a railing on the sides. There is not enough information to conclude what it would look like. However with that being said, we are still objecting to any wooden structure being permitted to be constructed on our private property. Thank you for your consideration in rejecting this matter. • Donnie & Sandra Carter 206 B North Boca Bay Lane • Dail, Jason From: Dail, Jason Sent: Tuesday, October 03, 2017 8:51 AM To: 'Sandra Carter' Subject: RE: [External] Walkway application at Palms at Boca Bay Thank you Mrs. Carter. I have placed a copy of your correspondence with the application and will take those factors into consideration when it comes time to make a determination on the project. Take care, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7221, Fax:(910)395-3964 Jason.Dail@ncdenr.gov `� Nothing Compares�.. . E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Sandra Carter [mailto:scarter0l@windstream.net] Sent:Tuesday, October 03, 2017 8:34 AM To: Dail,Jason <jason.dail@ncdenr.gov> Cc:Jed Daniel <jeddaniel57@gmail.com>; Kenneth G. Ording<k.ording@penderattorney.com> Subject: [External] Walkway application at Palms at Boca Bay CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you verify that the attachment and content are safe.Send all suspicious email as an attachment to,F ��o t s� �_ Good Afternoon Mr. Dail, We have received a certified letter today that an application has been filed in your office for a 5' x 50' wood walkway to be built on our property at Palms at Boca Bay and would like to file an objection to this application. Our understanding is that this will not be built in the marsh but in our yard on the grass area of our property. First, we are not sure why our HOA would need to build on top of our grass. This would be to achieve what - a walkway across the grass to the beginning • of the marsh and what would that accomplish. There is not a problem walking across the grass to get to the marsh. Second, we are aware there is an easement on our property that gives access rights for anyone to walk to the water. This is also a maintenance easement for drainage of storm water swells. We are pretty sure you will find in your records that Mark Yow, the developer stated maintenance easement for this property. Our Palms of Boca Bay Declaration of Covenants states that within any easement, no structure,planting or other material shall be placed or permitted to remain which may interfere with the reason for the easement. So there is no provision in our declaration that allows building a wooden structure on top of an easement. This is not common area but private property with a maintenance easement. Third, a wooden walkway will decay over a period of time and may cause injuries to others. There would be a need for the HOA to carry additional insurance on this property and name the property homeowners as additional insurers. We would need in writing if permitted that the HOA is fully responsible for the walkway, its maintenance and insurance. The insurance would need to be carried from being of construction to as long as walkway exist. The application is so vague that one can not assume whether the walkway will be built on pilings or constructed on the ground. A drawing of the structure itself is needed for one to understand if it flat or it has a railing on the sides. There is not enough information to conclude what it would look like. However with that being said, we are still objecting to any wooden structure being permitted to be constructed on our private property. Thank you for your consideration in rejecting this matter. Donnie& Sandra Carter 206 B North Boca Bay Lane NOTICE r,c) CAMA PERMIT APPLIED FOR PROJeCP construct a walkway between lots 206 & 208 Boca Bay Ln., adjacent to St . • • . . , - - • • . H R COMMENTS ACCEPTED THROUGH N/A APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Katie Herring, Pres. NC Div. of Coastal Management Palms at Boca Bay HOA 127 Cardinal Dr. Extension 200B Boca Bay Lane N. Wilmington, NC 28405 Surf City, NC 28445 Jason Dail, Field Representative 910-796-7221 SC171-4 . . •os a ervice CERTIFIED MAIL® RECEIPT 3 Domestic Mail Only p For delivery information,visit our website at www.usps.com®. ' SANS N„ 2 3 ? Certified Mail Fee t3.35 7] 0482 p Extra Services&Fees(check box,add fee :pkilate) 02 ❑Return Receipt(hardcopy) $ !i y 11fy''ll I- ❑Return Receipt(electronic) $ $O-00 Postmark 3 ❑Certified Mall Restricted Delivery $ $ _() Here ❑Adult Signature Required $ $0•00 ,60 NG 3 ❑Adult Signature Restricted Delivery$ 3 Postage $0.70 G G ��yyO� Total Postage and Fees G0�\��N �(� 24/201 7 Sent To/1 Q r �O ��V �� U Street anndd Apt.No.,or O Box No. v` atar � �h-�ok�e ( ra- y �A "1/4--)c c-7 33a .ernrfea maii service pm/vices ute wuuwnry veneuw. A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to thi A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service' -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. mportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail°,First-Class Package Service°, available at retail). or Priority Mail°service. -Adult signature resticted delivery service,whic Certified Mail service is not available for requires the signee to be at least 21 years of al international mail. and provides delivery to the addressee specifie Insurance coverage is not available for purchase by name,or to the addressee's authorized ager with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear certain Priority Mail items. LISPS postmark.If you would like a postmark on I For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on thif -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portioi of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt,attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Receipts for Certified Mail (Staple Here) Date San G! C,.--dr0 Cho , e, C - Adjacent Property Owner / 3a_ / «o / �-U,;/ M inng AAd ss 7 3 3 cL City,State,Zip Code Dear Adjacent Property: This letter is to inform you that I, j�""5 1 6 dCs have applied for a CAMA Minor Property Owner Ho Permit on my property at to c c &/ _ 0,04, 2-4 in COUNTY Property Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s)as notification of my proposed project.No action is required from you or you may sign and return the enclosed no objection form.If you hake any questions or comments about my proposed project,please contact me at 770 — 367-t0_57 Y9 ,or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program,you may submit them to: LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY,STATE,ZIP CODE Sincerely, 4'7g Property Owner acGD 3 Al. "gOCC ( lam -C Mailing Address 3 -P- C 1t. 1 , Aic aW6 City,State,Zip Code RECEIVED DCM VVILMiNGTON, NC I. . •osta ervice CERTIFIED MAIr? RECEIPT n Domestic Mail Only 3 %-• For delivery information,visit our website at www.usps.com - 1 r S Certified Mail Fee $3,35 0482 n $ $2.75 02 n Extra Services&Fees(check box,add fee aperfottste) CI Return Receipt(hardcopy) $ ✓ Return Receipt(electronic) $ $0.0U Postmark Certified Mall Restricted Delivery $ so.on Here Adult Signature Required $ $0.00 3fl Adult Signature Restricted Delivery$ Postage $O.70 ✓ 09/29/2017 n Total Postage and tes 80 n qautzo 3 Street aix/Apt.No. or PO Box N. ee,27/5140 95 e-12--yLS trill, 11/4-) ieranea Man service proviues me renewing oenerns: A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. .1b"associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. nportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail°,First-Class Package Service°, available at retail). or Priority Mail°service. -Adult signature restricted delivery service,whicl Certified Mail service is not available for requires the signee to be at least 21 years of ag international mail. and provides delivery to the addressee specifier Insurance coverage is notavailable for purchase by name,or to the addressee's authorized ages with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear r certain Priority Mail items. LISPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portior of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt•,attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Receipts for Certified Mail Zcj / / 7 (Staple Here) :-d /a--- 4 afL; e_/ Adjacent Property Owner 0LOO ( ro55Layi e_ ilin Address aZ ap e..-ts J)o el) G 7`/,57s— City, State,Zip Code Dear Adjacent Property: This letter is to inform you that I, ?c�'. S ` 6 4 have applied for a CAMA Minor Property Owner 149,9 Permit on my property at e a5-<-,_a-nJ' 01-1)tr7Z O ,in COUNTY Property Address County. As required by CAMA regulations,I have enclosed a copy of my permit application and project drawing(s)as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any yyyquestions or comments about my proposed project, please contact me at i,'L _ L�I-(Q )'1/ ,or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program,you may submit them to: LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY, STATE,ZIP CODE Sincerely, > (e4' Property Owner .-&-?(,Y) B it Pict& !X a Lct n Mailing Address 3tA.4- (1,4 ka City, State,Zip Code' RECEIVED DCM WILMINGTON, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS l hereby certify that I own property adjacent to J ed raaekt-e 'S (Name of Property Owner) �2 property located at 2-0 b + `J t)Lp 2 1 L(yip �A�Al CC Address, Lot, Block, Road, etc.) c on �'( 01114 , in cv lr`�� c I ei1.QY' , N.C. (Waterb`ody) (Town and or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, I have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Signature Print or Type Name Telephone Number Date RECEIVED .�i....wi.fl tAl,IC'TCkI Alfa J AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PALMS AT BOCA BAY TOWNIIOMES THIS AMENDED AND RESTATED DECLARATION ("Amended Declaration") made and entered into effective as of the 5th day of November, 2002, by THE PALMS AT BOCA BAY HOA, INC., a North Carolina nonprofit corporation on behalf of LOT OWNERS and any other Persons owning or having an interest in the real property known as "The Palms at Boca Bay," a planned community located in Pender County, North Carolina, as more particularly shown on the various maps thereof recorded in the office of the Register of Deeds of Pender County,North Carolina. RECITALS The Palms at Boca Bay HOA, Inc is a planned residential community ("The Palms at Boca Bay")created by the Declaration of Covenants, Conditions and Restrictions for The Palms at Boca Bay HOA, Inc. dated the 22nd day of November, 2004, and recorded in Book 2528, at Page 316 in the office of the Register of Deeds of Pender County (the "Original Declaration"), and the amendments to the Original Declaration, and as shown on the various maps or plats recorded in the office of the Register of Deeds of Pender County, North Carolina. The Owners of Lots within The Palms at Boca Bay HOA, Inc. deem it desirable and in the best interest of all such Owners and prospective purchasers of Lots within The Palms at Boca Bay to amend the Original Declaration as hereinafter set forth and to amend the Original Declaration so as to make The Palms at Boca Bay subject to, and entitled to the benefits of, the North Carolina Planned Community Act (the "Act"). ARTICLE I AMENDMENTS TO ORIGINAL DECLARATION Section 1. Amendment to Adopt Amended Declaration. The Original Declaration is hereby amended to delete and rescind it in its entirety and adopt in its place this Amended Declaration. ARTICLE H DEFINITIONS Section 1. "Act" shall refer to the North Carolina Planned Community Act (47F). t. Section 2. "Amended Declaration" shall mean this Amended Declaration for The Palms at Boca Bay HOA, Inc. and all amendments, restatements and revisions hereto. Section 3. "Association" shall mean and refer to The Palms at Boca Bay HOA,Inc.,a North Carolina non-profit corporation,its successors and assigns. Section 4. "Common Area" shall mean any real estate within the Property owned or leased by the Association other than a Lot, including easements granted to the Association, and, any and all personal property and fixtures owned,leased, maintained or operated by the Association for the benefit of the Property or the Owners. Section 5. "Member"shall mean and refer to every person or entity that holds membership in the Association. Section b. "Owner"shall mean and refer to the record owner, whether one or more persons or entities,of a fee simple title to any Townhouse or Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "Properties" shall mean and refer to the "Existing Properties" described in Exhibit"A"attached hereto and incorporated herein. Section 8. "Townhouse(s)" or "Townhome(s)" shall mean and refer to the attached single family dwelling unit(s) built on any lot(s)subject to the amended restated declaration. ARTICLE III Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the Association is located in Pender County,North Carolina. ARTICLE IV PROPERTY RIGHTS Section 1. Conveyance of Townhomes. Each owner has been conveyed a fee simple title lot upon which the completed unit is situated, together with one-half of the party wall separating two Townhouses. Section 2. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Townhouse, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b)the right of the Association 2. RECEIVED Section 4. Use of Common Area. The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Association. Section 5. Signs. No signs or other advertising devices shall be displayed upon any Townhouse which are visible from the exterior of the dwelling or on the Common Area, or in the facilities thereof, without the written permission of the Association. Section 6. Garbage Disposal. All garbage shall be stored within the residence of each Owner. No Owner may change or supplement the garbage disposal facilities (if any) provided for such Owner's residence on the date of completion of construction thereof unless the Board of Directors of the Association shall first approve in writing the change or addition to the method of storage. It is provided, however, that if the public health authorities or other public agency shall require a specific method of garbage disposal, nothing herein contained shall prevent the compliance of Owners with obligatory public rules and regulations. Section 7. Satellite and Radio Receiving Stations. No satellite arid/or radio receiving stations or outside television or ham radios antennae shall be permitted, except as shall be approved or specifically permitted by the Board of Directors of the Association. Section 8. Window Treatments. If Owner installs treatments in windows they must be white or neutral,as determined by the ARC, if visible from the street. Section 9. Regulations. Reasonable regulations governing the use of the Common Area and external appearance of the Townhomes may be made and amended from time to time by the Board of Directors of the Association. Copies of such regulations and amendments thereto shall be furnished to each Homeowner by the Association upon request. Section 10. Hazardous Activities. Nothing shall be done or kept in any Townhouse or in the Common Area which will increase the rate of insurance on the Common Area or any other unit without the prior written consent of the Board of Directors of the Association. No Owners shall permit anything to be done or kept in his Townhouse or in the Common Area which would result in the cancellation of insurance on any Townhouse or any part of the Common Area, or which would be in violation of any law. ARTICLE XIII STORM WATER RUNOFF& PERMITS Section 1. Storm Water Runoff. The State of North Carolina has adopted Storm Water Runoff Regulations applicable to the Properties. In accordance with such regulations, the total amount of impervious surface, or as defined by the Storm Water regulations of the State of North Carolina, is limited on every Lot. The limitations are set out in the State Storm Water Management Permit Number SW8 050127, as issued by the <ECEIVED Division of Water Quality. Declarant, the Association and the State of North Carolina shall have specific authority to enforce the provisions of the North Carolina Storm water regulations, and each Owner shall be required to limit the amount of impervious surface on any lot owned by said Owner as set out on Exhibit B attached hereto. Further in accordance with these regulations the Declarant has engineered a storm water plan for all of the residences at Boca Bay which includes natural drainage patterns, swales and detention ponds for the general flow of storm water. Each lot Owner shall be required to develop and maintain his lot in such a manner that is consistent with this storm water plan. Government permits for the development shall be assumed by the Association on the following terms and conditions: A. General. All duties, obligations, rights and privileges of the Declarant under any water, sewer, storm water and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, other than storm water permits, shall be the duties,rights, obligations,privileges and the responsibility of the Association. Section 2. Storm Water Permit(s). The storm water permit(s) for the Development cannot under the regulations of the NC Department of Environment and Natural Resources (DEHNR) be transferred to the Association until after termination of the Declarant Control Period. The Association agrees that at any time after the Developer is permitted under the DEHNR regulations to transfer the stormwater permit(s) to the Association, the Association's officers without any vote or approval of Lot owners, and within 10 days after being requested to do so, will sign all documents required by DEIINR for the storm water permit(s) to be transferred and assumed by the Association; provided, however, that at the time the Developer requests that the Association assume the stormwater permit(s), the Developer: (i) has sold 50% of the Lots within the Development; and (ii) has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than forty-five (45) days before the date of the request, that all storm water retention ponds, swales, and related facilities are constructed in accordance with the plans therefore, and are in compliance with the storm water permits issued by DEHNR. ARTICLE XIV EASEMENTS The Association may reserve and grant easements for the installation and maintenance of driveways, walkways, parking areas, water lines, telephone and electric power lines, cable television lines, sanitary sewer and storm drainage facilities, and for other utility installations over the Propertiess'Each Owner by his acceptance of a deed to a 4 Townhouse hereby grants to the Association an irrevocable power of attorney to execute such easements and rights of way. Within any such easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation of sewage disposal facilities and utilities, or which may change the direction of flow of drainage channels in the easements or retard the flow of water through drainage channels in the easements. In addition,the Association shall have the continuing right and easement to maintain all sewer and water lines located in the Townhouse site, Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25)years from the date of this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-five (25) year period by an affirmative vote the Owners of not less than sixty- seven (67%) of the Townhouses. Any amendment must be properly recorded in the office of the Register of Deeds of Pender County,North Carolina. ARTICLE XVIII CERTIFICATION AND ADOPTION The undersigned, duly authorized officers of the Association, hereby certify that this Amended Declaration was duly adopted by an affirmative vote of at least sixty-seven percent(67%)of the Lot Owners. THE PALS AT HOC AY HOA,INC. By: � / 2J).1 -2, President Date A 1TEST: By: 71/i/ 0/,4 ' ecretary Date 13. RECEIVED v Dail, Jason From: Dail, Jason Sent: Friday, September 29, 2017 11:02 AM To: Goebel, Christine A Subject: Re: Minor Permit Great! Thanks for getting back to me so quickly. Enjoy your weekend! Jason Dail Field Representative NC Division of Coastal Management Ph: 910-796-7221 Fax: 910-395-3964 Email:jason.dail@ncdenr.gov Website: www.nccoastalmanagement.net *emails to and from this email address are subject to NC public records law and the Freedom of Informations Act. Original message From: "Goebel, Christine A" <Christine.Goebel@NCDENR.GOV> Date: 9/29/17 10:43 AM (GMT-05:00) To: "Dail, Jason" <jason.dail@ncdenr.gov> Cc: "Wilson, Debra" <debra.wilson@ncdenr.gov> Subject: RE: Minor Permit Hi Jason- This is the one I've looked at previously. Yes-the easement is a property right that satisfies the prima facie ownership requirement for a complete permit application in our rules. The only issue that I saw was related to anything riparian (below MHW). If this is a walkway that's all above MHW, it's ok, and the plat/decs are enough to show the HOA's rights. If/when it comes time to issue a permit, I'd like to add a condition like we do on Majors when there is a possible property dispute. I'm happy to help with that language when the time comes. Keep me updated on the status as this moves along. Thanks and TGIF! Christy Christine A. Goebel Assistant General Counsel N.C. Department of Environmental Quality Telephone: 919-707-8554 Mailing Address: 1601 Mail Service Center Raleigh,NC 27699-1601 NIZ -------"Nothing Compares —.. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dail,Jason Sent: Friday, September 29, 2017 10:25 AM To: Goebel, Christine A<Christine.Goebel@NCDENR.GOV> Cc:Wilson, Debra<debra.wilson@ncdenr.gov> Subject: FW: Minor Permit Good morning Christy and happy Friday! Attached you find an preliminary (incomplete) CAMA minor permit application package, submitted on behalf of the Palms at Boca Bay by HOA President Katie Herring.The planned development includes construction of a boardwalk/wooden walkway within an easement, but on private property (Daniels and Carter). Attached are set of Dec. and Covenants that the HOA has provided,which they believe gives them irrevocable power of attorney to execute the easement in question. Mr. Allen Turner(HOA member) and I spoke this morning and he is planning to come by next weds to drop off the remaining information. Once I have that, I will need to begin processing this request. My questions for you are: 1) considering the HOA is technically not the "Land Owner" as requested on the CAMA minor permit application, can they apply under the land owner section as the Palms at Boca Bay, HOA? 2) Is there enough supporting information in the attached Dec. and Coy. That would give them the authority to construct or install a "structure" within the easement? Let me know what you think, preferably by next Weds am. Thank you! Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7221, Fax:(910)395-3964 Jason.Dail@ncdenr.gov --,"'Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Allan Turner [mailto:allanturner67@gmail.com] Sent:Thursday, September 28, 2017 8:42 PM To: Dail,Jason <iason.dail@ncdenr.gov> Cc: Connie Dean <conniepmd@hotmail.com> Subject: Re: Minor Permit Jason, Attached is a copy of the Minor Permit Application, Project Drawing including site surveys, and a copy of Palms at Boca Bay Declaration of Covenants, Conditions and Restrictions with supporting sections highlighted. Can we confirm a call for 10:00AM tomorrow? My number is 703-967-9667. Connie Dean, HOA Secretary, and I will be present. Sorry I was not able to send this to you earlier today. Allan On Thu, Sep 28, 2017 at 2:02 PM, Dail, Jason<jason.dail(d ncdenr.gov> wrote: No problem. That should work fine. I have a meeting at 0800 and 0900 tomorrow, so I can give you a call shortly thereafter, or you can call me around 1000. And please send that package as soon as possible so I can review for completeness. Thank you Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:1910)796-7221, Fax:1910)395-3964 Jason.Dail@ncdenr.gov NIC -'> Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Allan Turner [mailto:allanturner67@gmail.com] Sent:Thursday, September 28, 2017 2:00 PM To: Dail,Jason <jason.dail@ncdenr.gov> Cc: Connie Dean<conniepmd@hotmail.com> Subject: Re: Minor Permit Jason, Can we set up a call tomorrow morning? The earlier the better. I can email you a copy of the application including the drawings so you can review with us over the phone. Allan On Thu, Sep 28, 2017 at 8:09 AM, Dail, Jason <jason.dail(ncdenr.gov> wrote: Mr. Turner, Both Debbie and Tara will be out of the office tomorrow on leave and I will not be traveling. However, I am available by phone if you'd like to call either today or tomorrow to discuss the application package. I have several in house meeting this morning as well as tomorrow, so if you call please leave a message and I will return your call asap. Thank you Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7221, Fax:(910)395-3964 Jason.Dail@ncdenr.gov <2' Nothing Compares..�.�. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Allan Turner [mailto:allanturner67@gmail.com] Sent:Thursday, September 28, 2017 7:51 AM To: Dail,Jason <jason.dail@ncdenr.gov> Cc: Connie Dean <conniepmd@hotmail.com> Subject: Re: Minor Permit Jason, Any possibility someone could review the application with us on Friday at 2:00PM? Maybe Tara or Debora if you are not available? We have a couple of people working on the application and I am having trouble coordinating schedules. One person lives out of state and leaves Saturday morning. The review should not take more than a few minutes. We want to make sure we do not overlook any CAMA requirements. Thanks, Allan On Wed, Sep 27, 2017 at 8:21 AM, Dail, Jason <jason.dail(iincdenr.gov> wrote: Mr. Turner, I will also be in the office tomorrow (9/28) if you'd like to come down and review the package. If not, I will be on the island next Tues. and we can review it then. Either way,just let me know. Take care, Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7221, Fax:(910)395-3964 Jason.Dail@ncdenr.gov -------""'Nothing Compares - E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Allan Turner [mailto:allanturner67@gmail.com] Sent: Monday, September 25, 2017 5:07 PM To: Dail,Jason <jason.dail(ancdenr.gov> Cc: Connie Dean <conniepmd@hotmail.com>; Katie Herring<ktherring515Pgmail.com> Subject: Minor Permit Jason, Do you have any time during your next visit to Topsail to meet with us to review our Minor Permit application for a walkway? Thanks, Allan NC Division of Coastal Management 5056 A B Cashier's Official Receipt Date: v 2- 2cLL Received From: \ 1 Ai fA eir $ 6 ,oO Permit No.: 1- Check No.: 67 Applicant's Name: 4144 fa " '_ County: Project Address: I 0 / 1% F)424L P2476AC€444? b /) 51/97i-/- (1. / Please retain receipt for your records as proof of payment for permit issued. r Signature of Agent or Applicant: Date: r I Signature of Field Represents Date: Date Date Check From Name of Permit Vendor Check Check Permit Number NOTE Received Depos (Name) Holder Number amount ited 10/2/2017 Gary Ange for Joe J. Wise Wells 5023 $250.00 major fee, 708 JD rct. Joe J. Wise Fargo Rowland Avenue, SC 5055D Bank PnCo