58-20 Smrz, Brian

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to Brian Smrz, 725 Larchmont St., Semi Valley, CA 93065
Permit Number
58-20
Authorizing development in New Hanover County at adi. to man-made canal off Middle Sound. at 1701 N.
Lumina Ave., Wrightsville Beach, as requested in the permittee's application dated 10/21/19, incl art workplan
drawings (4), Existing Riparian Survey dated "Rec DCM Wilm 1/23/20", 1,3 of 3 dated 1/2/20, 2 of 3 dated 11/13/19.
This permit, issued on May 20, 2020 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
A these terms may be subject to tines, imprisonment or civil action; or may cause me permit to be nun ana voia.
Dockine Facility Reconfieuration
1) This permit authorizes only the demolition of the existing facility to the northeast, and the
construction of the docks, piers, and other structures and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this docking facility without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modification.
2) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier -head line.
(See attached sheets for Additional Conditions)
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 accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
4e�l.11zlz_�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Brian Smrz
ADDITIONAL CONDITIONS
Permit No. 58-20
Page 2 of 3
3) No sewage, whether treated or untreated, shall be discharged t any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes 5 formalized boat slips at the facility located to the northeast in addition to the
existing 4 formalized boat slips located at the southwest facility for a maximum of 9 formalized boat
slips.
l
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
7) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the covered gazebo shall not be designed for second story use.
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
NOTE: In order to comply with the local ordinances of the Town of Wrightsville Beach, no slips located
at the authorized facility shall be leased.
USACE Conditions
10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee auidelines.pdf.
General
11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
12) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Brian Smrz
ADDITIONAL CONDITIONS
Permit No. 58-20
Page 3 of 3
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2003-00976).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-0209.
NOTE: Future development of the perrnittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

j�tAMn /:DREDGE & FILL '1 — ^ ~ N2 71771 A B C AD
�EIVERAL PERMIT 'L t Plevlous permit #
New ❑Modl(Icatton ❑Complete Reissue ❑Partial Reissue Date previous permit Issued
As authorized by the State of North Carolina, Department of Environmental Quality y oo
--and.the Coastal Resources Commission In an area of environmental concern pursuant to I SA NCAC 0 t .
�. �❑Ru%/ attached.
Applicant Name 660Ari �MIr2 Project Location: County ) )
Address '7ZS L-ex rel t o-A 4 Street Address/ State Road/ Lot #(s)
City le State 14 zip 9 30(05 _1 -10 1 A-). LtM t {y�Q ja trp
Phone # () nE-Mail Subdivision — �7
AuthorizedAgent_ (pAAaeJrq Mr,,,X Q CA,ng� City % 'n1Akk(J1e Qf I/ n ZIP'!�W80
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Appllotlon Fee(s) Check#

Applicant:
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
`C 7_ , YXN'
Type: (Check all that apply)
New _ Y — Major Mod Permit#
Permit Coordinator:
Field Representative:
Minor Mod Renewal
Transfer
Date Time Message
al Y-tcowd in AA "C�
61P 7177 If > - toOd (w/6< rs
`l2ti�io �oti�ac�s� Qt��;cq,k contarr+iv�5�it�rzc► ob�k{x�, droN�� Gv,l� �tD��c.?'� Q�l�•�
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DCM Coordinator: &, J" AP, Permit #: ^ 2�
MAILING DISTRIBUTION SHEET `' /
Permittee: SnaA Smrz, 72_ (,NcrrAWvv1L�. �wt, Ye-U&Ir (A
Agents: b 6&romrZP mac eoy,-V ��' CI' i�t j 1��/�� aD�rt F�Qnr�.Cc�✓(. ✓
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington JQ(q 1pn�4 (OBJECTION ir�s>La ,X
US ACOE Offices: l (a�udg
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover) f?
"Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental,[e-mail]
Heidi Cox (WIRO)
Anne Deaton
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
rbb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Jhristine Hall - Stormwater I
oanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Rodney Butler
LPO: wil"001 W4o%vL QG
(NCDOT) Travis Wilson

OBM Mr-1
APPLICATION for
Major Development Permit
(fast revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
/ate
MI
Last Name
S;,Pi rz.
Applicant 2: First Name
MI
Last Name
If additional applicants, please altach an additional pages) with names fisted.
Mailing Address J
'e-1ppel
PO Box
CRY,�
I1�i dot//P
State
�4•
ZIP
9301�
Country
S�
Phone No.
der s2/v ssea ext.
FAX No.
Street Address (of d/fetent from above)
City
State
ZIP
Email
2. Agent/Contractorinformation
Business Name
l !r7 r'° Df S't*ilC.N
Agent/ Contractor 1: First Name
MI
Last Name
[i
-' 1'
Agentl Contractor 2: First ame
MI
Last Name
Mailing Address
PO Box
r'Oz9/
City
Lil.�dw0/419141 g
State
A 4cl
ZIP
/J
Phone No.I
Phone No. 2
(� -��3 xl.
- - ext.
FAX No.
Contractor It
©
Street Address /U dlfetent hem above)
City
State ZIP
Email
/ IF r
<Form continues on back> RECEIVED
Ktt;tlVED
NOV 2 6 2019
FER 0 7 20Y0
252-808-n808 r1 '1-888-411COAST :r www.nacoastalmanageraCM-ULMINGTON, NC
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
er
17W &im er Ae,
Subdivision Name
City
jlf IgPQIl+
State
I /
Zip
-,, 2iy0
rrll/e
,t/j,
Phone No.(
Lot No.(s) litmany, attach additional page with list)
lqu-' _0'- '0 ext.
SQ
,
a. In which NC riyer basin is the project located?
b. Name of body of water near t to propo d project
c. t e water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
IN []Manmade ❑Unknown
Z
e. Is proposed work within city limits or planning jurisdiction?
Yes ❑No
I. If applicable, list the planning jurisdiction or city limit the proposed
work fat a within.
It r� �s'di,✓r a��t
4. Site Description
a. Total length of shoreline on the tract (R.)
+
Z
b. Size of entire tract (sq.fi.)
Z,
30J
'Zrlletes
c. Size of individual lot(s)
d_ Approximate elevation of tract above NHW (normal high water) or
�U /—
(If many lot sizes, please atta h additional page with a list)
NWL (normal wat1erlevel)
,;�",/ . r IiINHW or ❑NWL
d�
e. Vegetation on tract
A
f. Man-made features and uses now on tract
Ap� /c, 1PS s11 nf (n
g. Identify and describe the existing land uses adjacent to the proposed project site.
�f"/UC �DcMC°S
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
a `
�'d/� 4_
ie
(tt h zoning compliance certificate, if applicable)
[]No []NA
l/eeS i:t
es
j. Is the proposed activity part of an urban waterfront redevelopment p osal? []Yes X,No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes No ❑NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o []NA
National Register listed or elgible property?
REGCIVCI.J
<Form continues on next pagetEIVED
NOV 2 61.019
FEB 0 7 2020 olnAA 1A11f aAIM(.TL w. uc
252-6013-2808 .. 1.088-4RCUAST .. www.nccoastelmanagement.nct
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the site? ❑Yes o
(it) Are there coastal wetlands on the site? ❑Yes I Jo
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Adach documentation, it available)
n. Describe existing wastewater treatment fadldies.
r40rft
o. Describe existing drinking water suppl source.
P. Describe existing storm water management or treatment systems.
G - reC a o
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? []Commercial
❑PubliclGovernment
grivate/Community
b. Gives brief description ofpurpose, use. daAy operabons oflha pm)aot when ppiete.
.aa-nd
c. Describe the proposed construction methodology, types of construction equipment to be used during wristmcion, the number of each type
of equipment and where it is to be stored.
�arZ�t�•1 �4 /-�a/rye s'�6�e� c� c 1 �►��o�Prt"�`
�, ,t%ae
d. List all development//%activities you propose.
O. t '
e. Are We proposed aCaV)Ms maintenance of anaxisting project, now wok, of both? &j At r`/fJ
I. What is the approximate total disturbed land area resulting from the proposed project?
❑Sq.FI or ❑Acres
g. Will the proposed project
that the public has established
encroach on any public easement, public accessway or other area Dyes o
use or?
DNA
h. Describe location and type of existing and proposed discharges to waters of the state.
i. Will wastewater orstonnwater be discharged into a wetland? []Yes RNO
DNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No
❑NA
j. Is there any mitigation proposed? j]Yes o
DNA
If yes, attach mitigation proposal
RECEIVED
RECEIVED NOV 2 6 2019
<Form continues on ttack>
FEB 0 7 2020
nc`M WILMINGTON, NC
252.8g8-2Egg :; 1-sn8-<. f{r.'OASl" :. '.v SV w.nc p,pgbjarla_RB aM1tFhnt.ne^

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
4. AdditionallnfprrnatlonIn
add>fion to ON completed applleatlon form. (MP-1) the following items below,. ifspombla, must be submltied In orderfor the application
- Package to be complete, Items (a) - (t) are always applicable, to any major developmerd application. Please consult the application
rnSGactlonbooklgton how to properly prepere the raquirad items polow
a. A project narrative.
b. An accurate, dated work tat includl-_—__ _. ____._ _____.__-_____—_. ._—_-_._._ -_ softhe ...
p ( n9 plan wow and cross -sectional dravdngs) drawn to scale- Please give the present status o! the
proposed project. Is any portion already complete? If previously authorized work, ciearty indicate on maps, plats, droWnga to distinguish
between work completed and proposed.
C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she.
d. A copy of the deed (with stale application only) or other Instrument under which the applicant claims title to the effected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed retum receipts as proof that such
owners have received a copy of the application and plats by codified mail. Such landowners must be advised that they, have 30 days in
which to submit comm ��isp nr p-ro used project to the Division of Coastal Management.
�ttim��
Name (/d(�(L(l��c�- Phone No.
Address ��
Name ���-�`e �q� aNPhono No.
/vl(J l'i D ,?rvl�
Address
..
Name �Q/%MQ S� 7� Plane No.
"sr✓�GIi
�
Address 6 o— 7�(f ///g t r l /�/OLG f r`lrf� rn C-Q&Y-br__
__---_
g. A list of previous state or f ral permits iss for work on the project tract. Include permit numbers, penniaee, and issuing dales.
�av a '04'd OS A14 26 344.03
h. Signed consultant or agent authorization form, if applicable.
G' e O - b aO V/
i. Welland delineation, if necessary. l'j P 7Kf 3 2
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
it. A statement of compliance with the N.C. Environmental Polley Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance w tit the North Carolina Environmental Policy Act.
t unaersuma mat any permit issuea in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify Pat t/it/QB, information provided in this application- is truthful to a best of my knowledge.
Date Id IOZ1//r% Print Name
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
.DCM MP-3 Upland Development
DCM MP-4 Structures Information
RECEIVED
DEC 13 2019
UCM WILMINGTON, NC
2 02.6ae-2600 .. 1-888.4RCOAST ., www.necoastarimonagement. net
DCM-MHD CITY

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government private/Commundy
c. (i) Dock(s) and/or pier(s)
(li) Number
12
(III) Length
16' 41.5'
(tv) Width
6' 12'
(v) Floating
Ales ONo
e. (i) Are Platforms included? N'es ❑No
If yes:
(ii) Number
(iii) Length �,�_'
(iv) Width �
(v) Floating []Yes MNO
Note: Roofed areas are calculated from dnpline dimensions.
g. (!)Number of slips proposed
5
(ii) Number of slips existing
3
i. Check the proposed type of siting:
❑ Land cut and access channel
[]open water; dredging for basin and/or channel
t�Vpen water; no dredging required
`❑`Other; please describe.
�I
k. Typical boat length:
m. (i) Will th fa 'lily have lie pilings?
❑Yes �(INo
(ii) If ye u ber of tie pilings?
El This section not applicable
b. (q Will the faci ity be open to the general public?
❑YesNo
d. (i) Are Finger Piers included? Xles ❑No
If yes:
/
(n) Number
_
(iii) Length
(iv) Width
(v) Floating
[]Yes kNo
f. (i) Are Boatlifts
included? Pes []No
If yes:
(it) Number
(iii)Length
(iv) width
13'
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips') only, number of slips:
❑ Dry storage, number of locals:
Boat ramp(s); number of boot ramps: _
Other, please describe:
j. Describe the typical boats to be served (e.., open runabout,
charter boats, sail boats, mixed types).
I. (i) Will the fa it a open to the general public?
❑Yes Ne RECEIVED
i
I
DEC 3 0 2019
RECEIVED
QCM WILMINGTON, NC
EFB 0 7 2920
252-800.2808 :: 1.88E-0RCOAST :: WIMW nc_coastaimanagement.net revised: 12127/06
DCM-MHD CITY

Porm DCM MP-4 (structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS is section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
Ir
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location
❑ Showers
❑ Boathofding tank pumpouf: Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage horn boats be controlled?
a. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(it) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. tglbere will residue from vessel maintenance be disposed ol?
h. Give the number of channel markers and "No Wake signs proposed.
i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality.
j. What will be the manna policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED -
DEC 3 0 2019
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes []No RECEIVED
DCM WILMING70N, NC
FEB 0 2
DCM-MHD CITY

Form DOCIA MP-4 (S-ttuctures, Page 3 of u,'
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]YesXNo
o. Is the marina/docking facility, proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV _ ❑SB
OWL one —�
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes XNo
If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered fins)
a. (I) Is the boathouse struclure(s):
❑Commercial ❑Public/Governmerd [Private/Community
(it) Number
(III) Length
(iv) Width
Note: Roofed areas are calculated from ddpfine dimensions.
This section not appfkab/e
4. GROIN (e.g., wood, sheetpile, etc. N a rock groin, use MP-2, Excavation and Fill.) his section not applicable
a. (1) Number
(it) Length
(Ili) Width
b. BREAKWATER (e.g., wood, sheetpoe, etc.) his sectection not applicable
a. Length_ b. Average distance from NNW. NWL,orwetlands
c. MaxlmLvndhbrmbeyond NNW,NWLorweaands
6. MOORING PILINGS and BUOYS _ his section not epphcable
a. Is the structure(s): b. Number
❑commercial ❑PuMic/Government ❑PTivatelcommunhy
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, we, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e Arc of the swing — RECEIVED
ECE`I� ED
) JIGVGG 9GG 4H/
r
7. GENERAL IIEC 3 0 2019
RECEIVED'" WILMINGTON, NG
XQ It S t :: "N -,.;, ,:o:;a..:;.r;,,:,g.:,n. rt.n n FEB 0 7 2020
DCM-MHD CITY

Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
7"�2 l
Note: For buoy of mooring piling, use arc of swing including length
0/vessel.
c. Width of water body
* 3601
e. (i) Will navi atonal aids be required as a result of the project?
❑Yes No ❑NA
(ii) If yes, exp Fin what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
36"'
d Water depth at waterward end of structure at NLW or NWL
i',9r
8. OTHER [I This section not applicable
a. Give complete description:
V x22'
12' x 41.5' Float
/off i i�
Oates
Project Name
Applicant N rye
Applicant Sighature
RECEIVED
DEC 3 0 2019
RECEIVED ACM WILMINGTON, NC
FEB 0 7 2020
252-808-2808 :: 1.888-4rtGOAST :: www.necoastalmanaHgmen4�et DCM-MHD CITY revised: 12/27106

101
+ 300'
Brian Smrz
1701 N. Lumina
Wrightsville Beach N.C. 28480
Revised Drawn By:
Brian Smrz
Revised 1/2/2020
#1 of 3
Scale
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Jim spicuzza
1701
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Brian Smrz
North
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c.,. ,✓ 1701 N. Luminaf
Wrightsville Beach
- N.C. 28480
Scale Drawn By
1 square of grid = 14' Brian Smrz
1/2/2020
R3 of 3
Gazebo
14' x 14' roof
12' x 12' platform
Red outline of proposed
structure drawn overtop
of existing dock
12' x 41.5'
floating dock 13' x. 13'
hoajtift
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• Drainage G x 22 1 riparian .1
ea cement finger pier 6 x 16' corridor h
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216 tt

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Brian Smrz
2. LOCATION OF PROJECT SITE: 1701 N Lumina Ave, Wrightsville Beach, New Hanover County
adjacent to the Sunset Lagoon canal of Middle Sound
LATITUDE: 34' 13' 06.25" N LONGITUDE: 77' 47' 19.00" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Date of Site Visit:
December 6, 2019
Applicant/Agent Present:
NO
5. PROCESSING PROCEDURE: Application Received:
November 26, 2019
Application Completed:
January 23, 2020
Office:
Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Wrightsville Beach
Land Classification From LUP: Residential (R-1)
(B) AEC(s) Involved: EW & PTA
Water Dependent: YES
(C) Intended Use: Private Residential Docking Facility
(D) Wastewater Treatment: Existing — Municipal
Planned — N/A
(E) Type of Structures: Existing — Bulkhead, Piers, Floating Docks, Gazebo, Boatlift
Planned — Pier, Finger Pier, Gazebo, Floating Dock, Boatlift
(F) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FII I Fr)
nTwr=p
(A) Uplands
N/A
N/A
N/A
(B) Vegetated Wetlands
N/A
N/A
N/A
(C) Open Water
N/A
N/A
1,091 ftz
(Incorporated)
(D) Total Area Disturbed: 1,091 ft' (0.03 Acres)
(E) Primary Nursery Area: NO
(F) Water Classification: SB; #
(G) Shellfish Harvesting Open: NO (Closed)
8. PROJECT SUMMARY: The applicant proposes to remove an existing three slip private residential
docking facility and construct a new five slip private residential docking facility into the Sunset Lagoon
canal of Middle Sound in Wrightsville Beach, New Hanover County for a total of nine (9) boatslips at this
location. RECEIVED
FEB 0 7 2020
DCM-MHD CITY

RECEIVED
Brian Smrz FEB 0 7 2020
Page 2
DCM-MHD CITY
9. PROJECT DESCRIPTION
The project site is located at 1701 North Lumina Avenue, adjacent to the Sunset Lagoon canal of Middle
Sound in Wrightsville Beach, New Hanover County. To locate the property, travel east on Eastwood Road
(US Hwy 74) from Military Cut -Off Road (US Hwy 17) toward Wrightsville Beach. Go over the drawbridge
onto Wrightsville Beach and turn left onto West Salisbury Street. Travel approximately 1.2 miles on West
Salisbury Street crossing the second bridge over Banks Channel until you reach the intersection near
Johnnie Mercer's Fishing Pier. Turn left at the light onto North Lumina Avenue and drive approximately
a quarter mile and the destination will be on your left.
The applicant currently maintains a single family residence and private residential docking facility on the
project site. There are two (2) private residential docking facilities located on the property, with the
southern facility owned by Sunset Lagoon Investments Properties, LLC. through an easement on the
parcel permitted under State Permit No. 95-00 issued on June 29, 2000. The property is adjacent to
residential properties with existing single family structures and private docking facilities. Highground
vegetation consists of lawn grasses and ornamental landscaping. The lot is approximately a quarter acre
in size and has an average elevation of approximately 4' above normal high water (NHW). The project
site has approximately 300 linear feet of shoreline frontage stabilized by an existing bulkhead, which
meets NHW. There are Coastal Wetlands consisting primarily of Salt Marsh Cordgrass (Spartina
alterniflora) located at the southern end of the Riparian Corridor at the Sunset Lagoon Investment
Properties, LLC. private residential docking facility This separate existing docking facility incorporates
approximately 901 ft2 and accommodates four boatslips within the Estuarine Waters & Public Trust Areas
AECs. Coastal Wetlands are not present waterward of the bulkhead near the single family residence at
the northern end of the Riparian Corridor where this water -dependent development is proposed with this
application.
The applicant currently maintains an existing three slip private residential docking facility within the
Sunset Lagoon canal of Middle Sound permitted under State Permit No. 104-03 which was issued on
July 23, 2003 (see Existing Riparian Survey for The Smrz Trust sealed on January 22, 2020 and dated
received January 23, 2020). A fixed access pier, measuring approximately 40' x 6', extends in a westerly
direction from the existing bulkhead. At the end of the fixed access pier to the south is an existing boatlift
measuring approximately 13' x 14'. At the opposite end of the fixed access pier to the north, an access
ramp leads onto an existing 26' x 6' floating dock parallel with the shoreline. The existing three slip private
residential docking facility meets the Town of Wrightsville Beach's Established Pierhead Line.
The Town of Wrightsville Beach CAMA Land Use Plan classifies the highground area of the project site
as Low -Density Residential (R-1) and the adjacent waters as Conservation. The waters in the project
area are classified as SB; # (Wrightsville Recreational Area) by the Division of Water Resources. They
are NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and they are
CLOSED to the harvest of shellfish.
10. PROPOSED PROJECT
The applicant proposes to remove an existing three slip private residential docking facility and construct
a new five slip private residential docking facility into the Sunset Lagoon canal of Middle Sound in
Wrightsville Beach, New Hanover County for a total of nine (9) boatslips at this location. A proposed fixed
access pier would extend perpendicularly in a westerly direction from the existing bulkhead near the
single family residence at the north of the Riparian Corridor measuring approximately 16' x 6' (see Sheet
1 of 3). At the end of this fixed access pier extending perpendicularly to the south would be a proposed
fixed access finger pier measuring approximately 22' x 6'. At the end of the fixed access finger pier would
be a proposed covered fixed platform (gazebo) measuring approximately 14' x 14'. An access ramp
attached at the end of the fixed access pier would lead onto a proposed floating dock measuring

Brian Smrz
Page 3
approximately 41.5' x 12' oriented parallel with the shoreline providing four boatslips. Adjacent to this
floating dock to the north would be a proposed uncovered boatlift measuring approximately 13' x 13'
providing the fifth boatslip. Water depths in the vicinity of the proposed boatslips range from -5' to -8' at
normal low water (NLW) as reported by the applicant. The proposed five slip private residential docking
facility would not encroach into the Town of Wrightsville Beach's 15' drainage easement located within
the applicant's Riparian Corridor nor extend past the Town of Wrightsville Beach's Established Pierhead
Line. The proposed docking facility does not encroach into either 15' Riparian Corridor Setback.
11. ANTICIPATED IMPACTS
The proposed five slip private residential docking facility would incorporate approximately 1,091 ft' of
Estuarine Waters & Public Trust Areas AECs. The proposed 5 slip private residential docking facility
would shade approximately an additional 601 ft2 to these AECs and would not exceed the 8 ft= per linear
foot of shoreline rule. The width of the waterbody measures approximately 203' from the existing
bulkhead to a center point at the end of the Sunset Lagoon canal. This was determined by (1) an
Agreement resolving riparian rights ("Riparian Rights Agreement"), which was recorded in 1998 at Book
2330, Page 953 of the New Hanover County Registry, and (2) an Agreement to Establish Riparian
Corridors ("Riparian Corridor Agreement"), a survey of which was also recorded in 1998 at Book 2330,
Page 961 of the New Hanover County Registry. The Existing Riparian Survey for The Smrz Trust sealed
on January 22, 2020 and dated received January 23, 2020 reflects the Riparian Corridors within the
Sunset Lagoon canal in Wrightsville Beach created by these Agreements. The proposed five slip private
residential docking facility would not encroach into the Town of Wrightsville Beach's 15' drainage
easement located within the applicant's Riparian Corridor nor extend past the Town of Wrightsville
Beach's Established Pierhead Line. The proposed docking facility does not encroach into either 15'
Riparian Corridor Setback.
Submitted by: Tyler McGuire Date: February 6, 2020 Office: Wilmington
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

ECEiifE
DEC 3 0 2019
■■■ Brian Smrz L,
805-657-0077 Email- briansma®mac.com 725 Larchmont St. Simi Valley Ca. 93065
December 24, 2019
NCDEQ
127 N. Cardinal Drive
Wilmington N.C.28405
The enclosed revised CAMA Major Permit Application is to build a new pier with covered
roof and floating dock with boat lift. Original application was filed 10/21/19. The pier will
be 6' wide and 16' long leading to a 12' x 41.5' float. The boat lift will be placed at the
western end of the float. There will be a 6' x 22' entrance way off the main pier to a 12' x
12' deck with a 14' x 14' roof. The dock will be private and for family use and guests only.
3f"
Brian Smrz
RECEIVED
111c 3 0 2019
RECEIV;CM WILMINGTON, NC
FEB 0 7 2020
DCM-MHD CITY

VICINITY MAP
NO SCALE
�X ISTING R►PARIAnl SLk'Rvf-y
PIERHEAD LINE SCALED
FROM MAP BOOK 37
N 80'22'00" E
N.P.S.
SOUND / LAGOON 1
RIPARIAN CORRIDOR toJ�✓//
FOR LOT 1 / 'FL
MAP BOOK 37 PAGE 361 /j ,/ I
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PARMELEE ISLES 1
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M.B. 5, PG. 127
BUILDABLE AREAjLOT 173S Q.FT.
ET N IL- LOT 1
BULKHEAO PARMELEE ISLES
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9590 9402 5180 9122 0242 99
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■ Compbate items 1, 2, and 3.
■ Print your name'and address on the reverse
so that we can return the taro to you.
■ Attach this card'to the beck of the malpiece,
or on the front If space permits.
1, Article Pddremed to:
UoZU Sc-rrr)'thYtUJ
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1. Article Addressed to:
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■ Complete its. 1, 2, and 3.
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McGuire, Tyler D
From: McGuire, Tyler D
Sent: Wednesday, January 8, 2020 3:24 PM
To: David M. Callahan
Cc: Brian Smrz
Subject: RE: [External] 1701 North Lumina Avenue Wrightsville Beach
David,
Thank you for sending me this email explaining that you have received the modified plans for Brian's proposed docking
facility located at 1701 N Lumina Ave on Wrightsville Beach since the green card hadn't been signed. I will add this to
the file now.
Thank You,
Environmental Specialist
Division of Coastal Manaeenient
North Carolina Department of Environmental Quality
127 Cardinal Driye Extension
Wilmington. NC 28405
(910) 796 - 7424
Tvler.McGuirelaneden r.eov
-E-mail correspondence m and frmn Ihiv address ,nay be vubjert to the
Vorth Caroline Public Records Law and mqr be disdaved to third pardev.
From: David M. Callahan Imailto:[e-mail]]
Sent: Wednesday, January 8, 2020 3:06 PM
To: McGuire, Tyler D <[e-mail]>
Cc: Brian Smrz <[e-mail]>
Subject: [External] 1701 North Lumina Avenue Wrightsville Beach
Mr. McGuire,
I have received and reviewed the plans regarding the dock/pier/gazebo proposal at 1701 North Lumina Avenue and have
no objections to the plans and or proposal. I am sending this email representing Sunset Lagoon vactm��qqLp rtners. If
you have questions my contact information is listed below. PEU VED
Kind regards, RECEIVED JAN 0 8 2020
FEB 0 7 2020
DCM-MHD CITY
RCM WILMINGTON, NC

ll/WZUIH
North Garollna Secretary of State Ssarcn Kesulm
,.File an Annual Re.port/Amend'an Annual Report • Upload a PDF Filing •
Order a Document Online • Add Entity to My Email Notification List *View
Filings • Print a Pre -Populated Annual Report form • Print an Amended a
Annual Report form.
Limited Liability Partnership
Legal Name
Sunset Lagoon Investment Properties, L.L.P.
Information
Sosld: 1047138
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 6/4/2008
Fiscal Month: December
Registered Agent: Callahan, David
Addresses
Mailing
219 Oval Park Place
Chapel Hill, NC 27517-8116
Principal Office
219 Oval Park Place
ECFfVECa
QCM VVILMINGTON. NC
Chapel Hill, NC 27517-8116
RECEIVED
FEB 0 7 2020 -
https://w .sosnc.gov/online_serviceslsearch/Business_Registration—Results 1/2
DCM-MHD CITY

11/5/2019 North Carolina Secretary of State Search Results
Reg Office Reg Mailing
219 Oval Park Place 219 Oval Park Place
Chapel Hill, NC 27517-8116 Chapel Hill, NC 27517-8116
RECEIVED
FEB 0 7 2020
DCM-MHD CITY
hops:/Iwww.sosnc.gov/online_services/searcNBusiness_Reglstration_Rasults 212

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION(WAIVER FORM
Name of Property Owner.
Address of Property:
Agent's Name #:
Agent's phone #:
Smrz Trust
1701 N. Lumina Ave., Wrightsville Beach, New Hanover
(Lot or Street #, Street or Road, City & County)
Brian Smrz Mailing Address: 725 Larchmont St.,
805-657-0077
Simi Valley Ca. 93065
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 ar710havenoobjectiotistotliispi-ol)osaI
osing. A deseriotion or drawing with dimensions, must be provided with this letter.
Z`- _ I 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. Contact information for DCM offices Is
available at htfn://www.nccoastalmanaaementnet/web(cm/staff-listing or by calling 1-8884RCOAST.
No resoonse is considered the same as no oblection If you have been notified by Certified Mall.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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)
Signa hre
Print or Typb Name
Mailing Address
City/S klzlp
Telephone Number/Email Address
` 2,
nie - -- . --
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State2ip RECEIVED
Telephone Number/Email Address I 9 ?0711
RECEIVED DOM WII.MINGTON, NC
Date
FEB 0 7 2020
(Revised Aug. 2014)
DCM-MHD CITY

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DCM-MHD CI

McGuire, Tyler D
From:
Brian Smrz <[e-mail]>
Sent:
Tuesday, January 7, 2020 4:03 PM
To:
McGuire, Tyler D
Cc:
trip pippinmarine.com
Subject:
Re: [External] Re: Brian Smrz 1701 N Lumina Ave WB Major Development Application -
Additional Information Required
Attachments:
SMRZ survey preliminary 2.pdf
Categories: CAMA
Thanks Tyler. Attached are the green cards.
I already had a copy of the riparian survey from the neighbor which I have shared with my surveyor. I
have attached a preliminary survey in which he added Mr. Spicuzza's riparian corridor to his survey. I
have asked him to give exact distances from my current dock to Mr. Spicuzza's riparian corridor as well as
a distance between Mr. Spicuzza's riparian corridor and the drainage easement at the pier head line. I
also asked if he could officially determine how far out the drainage easement goes into the water. I have
not heard back from him on those requests yet but will submit the official stamped survey with riparian
corridor marked once I have it.
Please let me know that these green cards satisfy your requirements and you are able to start the 75 day
review.
I appreciate all of the feedback and help.
RECEIVED
JAN 07 2020
DCM WILMINGTON, NC
n�
RECEIVED
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date 10/10/19
Name of Property Owner Applying for Permit:
Brian Smrz
Maiting Address:
725 Larchmont St., Simi Valley Ca. 93065
I certify that I have authorized (agent)
Trip Pippin
to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) Pier/Dock/Gazebo/Boat Lift
at (my property located at)
1701 N. Lumina Ave. Wrightsville Beach N.C. 28480
This certification is valid thru (date) 5/1/2020
Property Owner Signature
RECEIVED
FEB 0 7 2020
10/10/19
Date
RECEIVED
NOV 2 6 7W'i
DCM WILMINGTON, NC
DCM-MHD CITY

0
NORTH CAROLINA
Flrmrouno mal Cgrohl r
February 7, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Brian Smrz / New Hanover County
• Adam Derbyshire / New Hanover County
ROY COOPER
GmTmor
MICHAEL S. REGAN
4rnlary
BRAXTON DAVIS
Mwaoq Division r fCooslal Monageoeal
Hello Angie: Please publish the attached Notice in the Wednesday, February 12, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
cc: MHC Files
Gregg Bodnar — W iRO/MHC
USACE
& Customer Assistance
RECEIVED
FEB 0 7 2020
Slate of North Carolina I Environmental Quality I Coastal Mmagemrnl � 127 Cardinal Driw lint„ Wilmington, NC 29405 91979(L2�M-MHD CITY

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On January 23, 2020 Brian Smrz proposed to remove an existing
three (3) slip private docking facility and install a new five (5) slip private docking facilityfor a total of nine
(9) boatslips at 1701 N. Lumina Ave., adjacent to Sunset Lagoon, in Wrightsville Beach, New Hanover County;
and on February 5, 2020 Adam Derbyshire proposed to construct a new four (4) slip private docking facility
at 302 Waynick Blvd., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. Copies of
these applications can be examined or copied at the office of Tyler McGuire, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone]
during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to March 4, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS February 6, 2020
Director
Pippin Marine Construction, LLC.
c/o Trip Pippin
PO Box 11291
Wilmington, NC 28404
RE: CAMA Major Permit Application
Brian Smrz
1701 N. Lumina Ave, Wrightsville Beach, New Hanover County
Dear Mr. Trip Pippin,
The Division of Coastal Management hereby acknowledges receipt of your application on November 26, 2019,
acting as agent for Brian Smrz, for State approval for major development located at 1701 North Lumina Avenue in
Wrightsville Beach, New Hanover County, adjacent to the Sunset Lagoon canal of Middle Sound. The application
was accepted as complete on January 23, 2020 and appears to be adequate for processing at this time. The projected
deadline for making a decision is April 7, 2020. An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from January 23, 2020, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such
a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant.
NCGS 113A-I 19(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point r-Jong your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tyler McGuire
Environmental Specialist
cc: Gregg Bodnar, DCM
Jonathan Howell, MHC
Tony Wilson, LPO
USACE
Robb Mairs, DWR
Brian Smrz, Applicant
RECEIVED
FEB 0 7 2020
North Wilmington lOfficna Department
I Ir27 CardinaEnvironmental
IDrlve Extensionity I I Wnmminggtoon. on NCoastal
m CaroolManagement DCM-MHD CITY
910.796.7215

NOTI('00017i
CAMA PERMIT
APPLIED FOR
ip
private docking facility for a total of nine (9) slips at
m WFightsvi le
Beach, New Hanover County.
COMMENTS ACCEPTED THROUGH
March 4, 2020
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Brian Smrz i1 R^ Div. of Geastal Management
725 Larchmont Street
Simi Valley, CA93065 127 Camclimneal Dr..
Tyler McGuire !796 7424
Agent: Trip Pippin [phone]
Pippin Marine Construction, LLC

Environmental Specialist
Division of Coastal Manaeement
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler.McGuireAncden r.eov
<image002.png>
.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: Brian Smrz [mailto:[e-mail]]
Sent: Monday, December 16, 2019 5:19 PM
To: Tony Wilson <[e-mail]>; McGuire, Tyler D <Tyler McGuire ncdenr.Rov>; trip
pippinmarine.com <trip(@pippinmarine.com>
Subject: [External] Pier/Dock/Gazebo proposal
fWAVIIIISTM-emalemall.`60 ot�k n'Tf&aWattachrnents
u -■_
Hello to all,
I believe Trip Pippin is attempting to meet with both Tony and Tyler this week regarding
what the restrictions are for the easement of the drainage pipe at Lumina and as well to
discuss the survey requirements.
In the interest of trying to move the project forward I have attached a proposal that
might make it easier. With the attached proposal the furthest out left corner of the dock
would go slightly into the drainage easement if the easement were to extend out into the
water past the dock. I believe the gazebo is just outside of the easement lines other
than possibly the roof. By putting the gazebo to the other side of my property and
keeping the boat lift no further to the right than the existing dock I believe I have
accommodated Mr. Spicuzza's issues with the previous plan submitted even though I
believe the previous plan to be fully legal.
Attached is a drawing with dimensions of my proposal as well as a fairly accurate
photoshopped overhead view.
Brian
Sent with Unibox
RECEIVED
RECEIVED DEC 16 2019
FEB O 7 2020 I)CM WILMINGTON, NIC
DCM-MHD CITY

milo,
JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Altltltttlt!!ltttt!ltttt.....tlttlltttlflllttltlittti!!tlltltttltlttttttttt!!t!t!tltttt! lttiltt.tttt(t. tf ttttlt•
Filed For Registration:
Book:
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
03/0112012 02 17 36 PM
RE 5622 Page, 971-977
2012006759
7 PGS $26 00
$3,100.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
RECEIVED
NOV 2G *2012006759
RECEIVED DCM WILMINGTON, NC
2012006759 FEB 0 7 2020
DCM-MHD CITY

1111 0 II10 lllll 1 nl
2012006759
PREPARED BY. SIEGEL & RHODENHISER, PLLC
STATE OF NORTH CAROLINA
REVENUE STAMPS 3 •I Op , o o r S
This property is the Grantor's primary residence
Property Taxes are paid thru 2011
COUNTY OF NEW HANOVER
SFOR REGISTRATION REGISTER OF DEED'
JENNIFER H MACNEISH
NEW HANOVER COUNTY. NC
2012 MAR 0102 V 39 PM
BK 5622 PG 971-977 FEE $16 00
NC REV STAMP $3, IN 00
1NSiffif 11936169
Tax ID No R05813-006-006-000
WARRANTY DEED
THIS DEED, made thisd9 day of —, 2012, by FRANK A. GOSTYLA and
wife, ANTOINETTE F. GOSTYLA AKA ANTONETTO F. GOSTYLA, of 11348 EAST
NORTH LANE, SCOTTSDALE, A7. 85259, GRANTOR, to BRIAN SMRZ and wife, CAROL
SMR7, of 725 LARCHMONT STREET, SIMI VALLEY, CA 93065, GRANTEE,
WITNESSETH
That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in
the County of NEW HANOVER and State of North Carolina, and more particuldrly described as
follows
SEE EXHIBIT "A"
TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges
and appurtenances thereto belonging to the said Grantee in fee simple, subject, however, to the
exceptions, reservations and conditions herein referred to
And the Grantor covenants with the Grantee, that Grantor is seized of said premises in f
and has the right to convey in fee simple, that the title is marketable and free and clear of aal W
encumbrances; and that Grantor will warrant and defend the title against the lawful claims of afli
persons whomsoever except for the exceptions hereinafter stated. W a
"Title to the property heremabove described is subject to the following exceptions (a) subject to
County and Local pining Ordinances, (b) subject to standard easements for utilities; (c)
restrictive covenants of record, if any, (d) ad valorem taxes for current year.
RECEIVED RETURN TO -
SIEGEL & RRODENHISER
U
Z
Z
O
H
C7
Z
_J
U
O
FEB 0 7 2020
DCM-MHD CITY

The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, femmine or neuter as
required by context.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or If
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year
first above written.
l _(SEAL)
FRANK A. GO
d (SEAL)
ANYOMTM'P. GOSTYLA
STATEOF KC-17,0(10
COUNTY OF _1l (A f �I_ fT
I, TQ(; (A S C1 V'SC , a Notary Public of the County and State aforesaid, do hereby
certify that FRANK A. GOSTYLA and wife, ANTOINETTE F. GOSTYLA, personally came
before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official seal, this oZ 07 day of�W_. 2012
My sston Expires: (Notanal Seal)
11
TANA S CONVISER
Wary Pubhc - A&Dna
Marken& county
My Cornmtnw ExWres
lie February 20, 201b
RECEIVED
NOV 26201:
RECEIVED ()CM WILMINGTON, NC
FEB 0 7 2020
DCM-MHD CITY

Exhibit A
BEGINNING at a point in the Western tight of way line of North Lumma Avenue
(50 feet nght of way), said point benig the Southeast comer of Lot ), Parmelee
Isles, Section A, recorded in Map Book 5 at Page 127 of the New Hanover County
Registry, rumung thence from said bcguutung point with the Western right of way
line of North Lurmnn Avenue, South 34 degrees 34 monutcs West 272 88 feet to
die point of intersection of die Western tight of way line of North Lumma Avenue
vnib the Northern right of way line of Crane Street extended, fuming thence With
die Northern tight of way line of Crane Street North 22 degrees 19 minutes West
110 0 feet more or less to the low water mark of the Sound, running thence
Northwardly with the low water mark of the Sound to a point which is located
South 80 degrees 22 minutes West from the Southwest comer of the above
mentioned stud Lot I, running thence North 80 degrees 22 nuoutes East 50 feet,
more or less to the Southwest corner of the above mentioned Lot 1, running
thence with the lines of said Lot 1 South 52 degrees 43 minutes East 52 07 feet
and South 55 degrees 36 minutes Last 66 05 feet to the point of beginning, with
the exception of an easement to the Town of Wrightsville Beach for a 15 fool
drainage which is 94 1 feet from the North side of the property and a 7 5 toot
easement to the South side of the properiy, which easements are shown on the
map attached to the Deed recorded u) Book 1 134 at Page 1609 of the New
I-Ianover Cowity Registry, AND BEING that property described m Deed recorded
u) Book 2261 Page 482 in said Registry
To have and to hold the aforesaid lot or parcel, together with all privileges and
appurtenances thereto, heretofore belonging to the Grantee m fee simple, SUBJECT 11O WCVLR
to the following terms and conditions set out hereinafter
SUBJECT T'O an exclusive perpetual easement over the property described as follows
TO ARRIVE AT TIM TRUE POINT OF BEGINNING commence at the Southernmost
weer of Lot 1, Parmelee Isles, Section A recorded in Map Book 5 at Page 127 of the Ncw
flanover County Registry Said pouit bang on the Westerly right-ol-way, Imc of North Lumina
Avenue (50 foot right of way) Go thence South 34 degrees 46 minutes 1 I seconds West 149 57
feet along said Westerly right-of-way line to the true point of beginning Running thence from
said beginning point
1 South
34 degrees 46 minutes 11 seconds West 120 87
feet,
with said Westerly right-of-way line to its
intersection with the Easterly right-of-way line of
Crane
Street (50 foot right-of-way), thence
2 North
22 degrees 04 minutes 59 seconds West 50 94 feet,
along
said Easterly right-of-way line of Crane Street,
to a
point on a bulkhead, thence
3 North
63 degrees 25 minutes 40 seconds East 61 64 feet,
along
said bulkhead to a point, thence
4. North
35 degrees 12 minutes 28 seconds East 29 45 feet,
along
said bulkhead to a point, thence
5 South
54 degrees 41 minutes 00 seconds EAST 16 62 feet,
to the
point of beginning
The same being a portion of that tract deeded to Sunset
Lagoon Investment Properties, LLP by Deed recorded in Book 2261
at Page 472 of the New Hanover County Registry. The above
described easement contains 3,254 square feet (0 075 acres mffl} CEIVED
or less)
RECEIVED NOV 2 6 201,
FEB 0 7 2020 DCM WILMINGTON, NC
DCM-MHD CITY

The easement described herein is a perpetual exclusive
easement granted to Sunset Lagoon Investment Properties, LLP,
(herein referred to as the Easement Holder) for the purpose of
access, ingress and egress to the piers and docks attached to and
extending from the subject property and North Lumina Avenue, and
of access, ingress, and regress for the use, maintenance, and
upkeep provided for herein, and required hereby. Said property
subject to the easement may be used solely and exclusively by the
said Easement Holder, and guests of its Partners.
The Easement Holder does hereby indemnify and hold harmless
the Grantee in this Deed from any loss, cost, or harm incurred by
the Easement Holder==s use, ownership, possession, non-use, or
neglect of the said property, including reasonable attorney -a
fees incurred by the Grantees, unless such loss is caused by the
actions, or inactions of the Grantee, or their guest, invitees,
successors in title or assigns.
The annual taxes on the entire tract of which the property
subject to this easement is a part, shall be billed to the
Grantee in this Deed, or their successors, in title, or assigns
(sometimes referred to herein as the Aproperty owner@); however,
the Easement Holder shall pay its share of the annual Ad Valorem
Property Taxes on the overall tract, based on the following
formula. The value of the property that the Easement Holder is
responsible for paying Ad Valorem Tax levied upon shall be a Pro-
Rata share of the land value only, based on the square footage
contained in the overall tract, and the square footage contained
in the easement area, with an additional thirty thousand
($30,000.00) dollars value added, which thirty thousand dollars
is the agreed current value of the Pier located on the easement
area. The determination of the square footage in the overall
tract and easement area shall be determined by a registered Land
Surveyor of the Easement Holder -a choice. The Easement Holder
shall pay their share of such tax directly to the New Hanover
County Tax Office no later than December 31" of each year.
Grantee in this Deed shall provide a copy of the annual tax bill,
including a break down of the value of the property between land
and buildings, within 30 days of receipt of same from the New
Hanover County Tax Office. The Easement Holder shall deliver to
property owner a check payable to the New Hanover County Tax
Office for the Easement Holder-s share of the year-s taxes, with
details concerning how the amount of the payment was derived, no
later than December 1. of every year (providing the property owner
has delivered the information required of them)
In any year in which a general re-evaluation of property tax
values is to be performed, the Easement Holder will endeavor to
have the Tax Department value the easement area, and improvements
thereon, separately, in which case the Easement Holder shall be
responsible for the taxes due based on that separate value If a
separate valuation is not available, the Easement Holder shall
hire an Appraiser to determine the value of the pier and dock on
the easement area, and the tax value for determination of the
Easement Holder-s share of the tax shall be the prorata value of
the land alone, plus the appraised value of the pier and dock
In the event either the Easement Holder or the property
owner fail to pay their proper share of the annual tax within one
hundred eighty days after written request therefore by the other
party, the said other party may pay the total tax bill, and shall
automatically have a lien on the other party-3 part of, or
interest in, the property, which lien may be collected and
foreclosed in the manner of a Homeowners Dues assessment as
provided in the North Carolina General Statutes Chapter 47F and
Article 2A of Chapter 45. RECEIVED
RECEIVED NOV 2 6 '0i9
FEB 0 7 2020 DCM WILMINGTON, NC
!)CM-MHD CITY

In the event the piers, docks and bulkheads in the easement
area are damaged or destroyed, the Grantees herein, for
themselves and their successors in title and assigns, agree to
promptly and fully comply with all of the Easement Holder=s
requests made in connection with reconstruction of the
facilities, including application for permits needed for the
construction The cost of all maintenance, repair and
construction of the improvements in the easement area shall be
borne solely by the Easement Holder, and the Easement Holder does
hereby indemnify and hold harmless. the Grantees herein, and
their successors in title and assigns, for all loos cost or harm
based thereon, except that which is caused, directly or
indirectly, by said Grantees actions or inactions The Easement
Holder shall acquire a $1,000,000 00 general liability insurance
policy covering the easement area which lists the property owner
as an additional insured; however, in the future, if such a
policy becomes unavailable on commercially reasonable terms, this
requirement shall automatically be amended to require the
Easement Holder to make reasonable efforts to acquire an
alternative assurance for the protection of the Grantee, their
successors and assigns.
All the parties hereto agree that there shall not be
constructed any additional piers, docks, or other structures on
either the property conveyed herein, the easement area, or the
portion of the easement area that may be conveyed to the Easement
Holder in fee at a later date
The Grantee in this Deed further agrees to cooperate fully
in the Easement Holders' attempts to separate the easement area
from the overall tract ("sub -divide" the tract). The Easement
Holder agrees to be responsible for all costs incurred in
connection with the separation of the two properties If the
properties are separated, the tract to be conveyed to the
Easement Holder in fee will be the following described tract.
BEGINNING AT THE INTERSECTION of the Westerly right-of-way
line of North Lumina Avenue (50 foot right-of-way) and the
Easterly right-of-way line of Crane Street (50 foot right-of-way)
in Wrightsville Beach, North Carolina. Running thence from said
beginning point-
1 North
22 degrees 04 minutes 59 seconds West
58 94
feet,
along
the Easterly right-of-way line of said
Crane
Street, to a point on bulkhead, thence
2 North
63 degrees 25 minutes 40 seconds Fast
60 00
feet,
along
said bulkhead to a point, thence
3 South
16 degrees 43 minutes 17 seconds West
66 39
feet,
along
a new line, to a point on the Westerly
right-of-
way line
of said North Lumina Avenue, thence
4 South
34 degrees 46 minutes 11 seconds West
21 15
feet,
along
said Westerly right-of-way line to the
point
of
beginning
The same being a portion of that tract deeded to Sunset
Lagoon Investment Properties, LLP by Deed recorded in Book 2261
at Page 472 of the New Hanover County Registry. The above
described tract contains 1,966 square feet
TOGETHER WITH an easement over the remainder of the tract
subject to the initial easement Such Easement shall be on the
same terms as the original easement set out above, except that
the tax value used as the basis for determination of the amount
of the annual Ad Valorem Tax for which the Easement Holder are
responsible shall be the ratio of the property subject to the
remaining easement compared to the overall remaining tract, and
shall not include the value of the pier v
REGEI
va 0 9 2020
pCM-WAD C%V
RECEIW'l
NOV 26i01.
DCM WILMINGTON, NG

The Grantee in this Deed does further hereby give, grant and
convey to the Easement Holder, their heirs, successors in title
and assigns, an option to purchase the above tract which, if
separated, is to be conveyed to the Easement Holder for the sum
of $1.00 in funds of the United States. This option shall run
from the date of recordation of this Deed, through and including
the death of the last of the current partners of the Easement
Holder (Frederick Walletts, III, Myrna Willetts, Janet H
Blanton, David M. Callahan, and Carol Callahan), plus twenty one
(21) years The Easement Holder right to exercise this option is
contingent upon the Town of Wrightsville Beach agreeing that the
property may be sub -divided in compliance with the codes and
ordinances of the Town of Wrightsville Beach.
In the event there is any dispute between the parties hereto
as to the termination of the tax division or the Easement
Holders ability to require the Grantee in this Deed to reconvey
the above smaller tract, the dispute shall be decided by binding
arbitration, in accord with the then current arbitration terms
contaxne❑ in the Uniform Arbitrations Act_ The arbitrator shall
be a person agreed upon by all parties Each of the Grantors and
Grantees of this deed shall bear their own costs, and one-half of
the cost of the arbitrator, in the event such arbitration is
necessary
DECEIVED
RECEIVED
NOV ? 6 20iy
FEB 0 7 2020
DCM-
MHD CIR9, WILMINGTON, NC

®EICAMA / 0 DREDGE & FILL A
GENERAL PERMIT Previous permit#
UINew ❑Modification ❑Complete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Rulm attached ,
Applicant Name ✓ 1��2(�`�'Ci _ Project Location: County_
i
Address f D/ ki - L(jdm _Aw Street Address/ State Road/ Lot #(s)
city 1 a I I Afs✓/I State, ZIP 612
Phone # (C/„') 2566 6Ld0 Fax # (_)
Authorized Agent ( lylle5 Di'wlA+,
Affected 0Cw (9& 0PTA 09S ❑PTS
❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ WA
AEC(s):
❑ PWS: AFC:
nuW �., / n� PHA ves / no Crlt. Hab. yes / no
Type of Project/ Activity
Pier (dock) length
Platforms) _
Finger pier(s)
Groin length
number
Bulkhead/ Popmp length _
avg distance offshore
max distance offshore
Basin, channel
cubic yards -
Boat ramp
Boathouse/ Boatlift_
Beach Bulldozing --
Other
Subdivision _
City ZIP
Phone # (_)
�'7, y sv River Basin '
Adj. Wtr. Body_
Closest Maj. Wtr. Body --- - - -
(Scale:
_.. c
t—
r FEB 11_7 020
�^MrM D
cir
Shoreline Length _—
SAV: not sure yes no
------- 7!_---
Sandbags: not sure yes no
Moratorium: n/a yes no
Photos: yes no
- -
Waiver Attached: yes no
❑ See note on back regarding River Basin rules.
A building permit may be required by:
Notes/ Special Conditions
14 GE s D
Agent or Applicant Printed Name —
SignatureMPleasereadcompliance statementonbackofpermlt '
„t/i, DCM WILMINGTON1 NG _
Permit Officer's Signature
Issuing Date Expl sdm Date

McGuire Tyler D
From: trip pippinmarine.com <[e-mail]>
Sent: Thursday, December 12, 2019 7:03 PM
To: McGuire, Tyler D
Subject: (External] Re: Brian Smrz 1701 N Lumina Ave WB Major Development Application -
Additional Information Required
Attachments: Revisions.pdf
Categories: CAMA
Tyler,
Here are the corrected forms.
Trip
Trip Pippin
Pippin Marine Construction
[e-mail]
[phone]
PSCEIVE0
QQ.M WI+,MINGTON, NG
From: McGuire, Tyler D <[e-mail]>
Sent: Thursday, December 12, 2019 2:00 PM
To: trip pippinmarine.com <[e-mail]>
Subject: Brian Smrz 1701 N Lumina Ave WB Major Development Application- Additional Information Required
RE: INCOMPLETE APPLICATION —Trip Pippin (Agent) —ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS — 1701 N Lumina Ave, Wrightsville Beach, NC
Good Afternoon Mr. Pippin :
The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from your
office on November 26, 2019, requesting approval for development activities at the subject address. In reviewing your
application, we have discovered that additional information is needed to complete the review process. Accordingly, I am
requesting that you submit the following additional information to this office: RECEIVED,
1) Please update the plans numbering the proposed boatslip count. Circle RECE)vEDnumbers as I have shown on the
attached plans.
FEB 0 7 2020
DCM-MHD CITY
'OC%M WILhIiNG'fQN.;%iG

2) Then update the MP-4 form to match the proposed boatslips, boatlih dimensions, and number of piers/docks
(as 1 have shown on the attached form).
3) Finally, update the MP-1 form to include the Town of Wrightsville Beach as one of the adjacent riparian property
owners (as I have shown on the attached form).
In accordance with the NC Department of Environment Quality regulations, we note that the application, as submitted
on November 26, 2019, is incomplete for processing. Let me know if you have any questions or if I can be of further
assistance.
Thank You,
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington. INC 28405
(910) 796 - 7424
Tyier.MeGuirerarocden ngov
"E-nwil correspondence to anti from this address mar be subject to the
.worth Carolina Public Records Low and may be disclased to third ponies.
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

Nu uivision of Looastai management
Major Permit Application Computer Sheet
RECEIVED
AEG: Banks Channel
4e: $250 #5254
CDAITS _ MHC cc
Applicant: Brian Smrz L_.
Agent/Contractor: Pippin Marine Construction, LLC c%Trip Pippin rlliw-�.MD CITY
Project Site County: New Hanover
Staff: Tyler McGuire
District: Wilmington
Project Name: 1701 N Lumina Ave
Rover File: n/a
River Basin: White Oak
Initial date of application submittal: 11.26.2019
Date application "received as complete" in the Field office: 2 3 Z O
Permit Authorization: CANA Dredge & Fill ElBoth
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes o I
PNA: DYes NNo
Photos Taken: Yes ❑ Nofa
Setback Required (riparian): OYes No
Critical Habitat: as No Not Sure
15 foot waiver obtained: Yes ❑No
Hazard Notification Returned:
❑Yes ❑No
SAV: 0Yes NNo ❑Not Sure
Shell Bottom: ❑Yes JZNo 0 Not
Temporary Impacts: ❑Yes NNo
Sure
Sandbags: ❑Yes KNo El Not Sure
Did the land use classification come
Mitigation Required (opjional):
from coru,�t UP: j&Yes ❑No
Ir
❑Yea NNo ^11A
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes ®No ❑NA /J/A
❑Yes NNo ❑NA
t 300
Shellfish Area D signation:
Project Description: (code)
velopment Area: (code) a10)
Open -or- Iosed
PTA (Ar—cs)
i
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) NOA/ ; S� i NIA ,
Future Water Supply (FWS)
fU Nutrient Sensitive Waters (NSW)
El Swamp Waters (SW)
El High Quality Waters (HQW)
Ll Outstanding Resource Waters (ORW)
5 g J. #
WETLANDS IMPACTED NIA
❑ (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamatcense)
El (SA) Salt marsh cordgrass (Spartina
(SY) -Salt reed grass (Spartina
alternifiora)
cynosuroldes)
El (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncos
roemerianus)
El (SP) Salt/meadow grass (Spartina
1JOAM A//fj
patens)
APPLICATION FEE
permit - $100
no
- $0.00
on to a CAMA Major
- $100
ant extension request -
,r,.o es - o9rn
❑ III(A) Private w/ D&F up to 1 acre;
can be applied - $250
Major Modification to a CAMA Ma
permit - $250
LJ III(B) Public or commercial w/
acre; 4144 can be applied - $400
and/or fill - $400
IJ III(G) Priv. public or comm w 10&1- It
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
❑ III(D) Pdv. public or comm w/ D&F to
acre; 4144 can't be applied - $400
ng D&F o
(,o ,� �-hvvls
X v(el D nit D
'4

Brian Smrz
Date: 12-16-2019
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
One
Choose
One
Dimension i
Dimension 2
Dimension 3
Dimension 4
t,s--jel—ni
(fT)
W IDTT/
CFT)
�j
Melnt ❑
ce
❑ Ys5d N
/
New Work 21
Malnt ❑
Replace
❑ Y ®N
2-2
/
l9
�
O r1
New Work
Melnt El
Replace
❑ Y ®N
,(
I `T
I /t
y `-t�
FC
J
?
1
New Work
Meint ❑
Replace
El 50 N
�' '
12
g L
New Work
Malnt ❑
Replace
❑ Y Q N
(
1 3
J
New Work
Malnt ❑
Replace
❑ Y ON
h1 1A
N/A
New WoFk=
Replace
Malnt ❑
❑ Y ❑ N
New Work
Replace
Malnt ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
In your Habitat code sheet
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTUREITYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
Includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp Impacts)
impact amount)
ternimpacts)
amount
/�1 1
v W
Dredge ❑ Fill ❑ Both ❑ Other ®
I
0 2&
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
FEB 0 7 2M
919.733.2293 :: 1-888-4RCOAST :: www.nCtoBat@Im¢[e-mail] pCM-MH v sed: 02126112i

ROY COOPER
Govemor
MICHAEL S. REGAN
secremry
BRAXTON DAVIS
Drrenor, Drvi,ion ofCoaaral
Management
February 7, 2020
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
greaa. bodnar(oDNC DEN R.aov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grepg Bodnar at the address above by March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"'Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT
AGENCY
SIGNATURE
DATE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
RECEIVED
FEB 0 7 2020
State ofNoM Carolina I Environmental Quality l Coastal Management DCM-MHD CITY
127 Cardinal Drive Est., Wilmington, NC 29405 919 796 7215

Major Permit Fee Schedule
tr a Nq -)
Project Name: County: Check No & Amount:
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000962341)
I. Private, non-commercial development
that does not involve the filling or
$250
°
100 /o ($250)
°
0 /o ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). P � ale, non-commercial
d ve nt, if General Water Qua
$250
100% ($250)
0% ($0)
ification No. 4175 can be applie
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

DCM Coordinator: Gregg Bodnar
County: N
Permit #: I e Y
\\\ WIRO{E-MAIL DISTRIBUTION SHEET
Circle o(eBioj:Report!/1ermit for: r6a VI (/ VVI VOversize ��
DCM Offices: \
Morehead City: PT (if oversize) via Courier tJ /
`cc Gregg & Amanda on group email w/ bio narr.app.drawings, deed, comment sheet ✓
'MHC documents (Gregg & Amandp)
Wilmington: Original hard -copy ✓
ONLY USACE & DWR (wirop Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: _
(until territories are decided) [e-mail] (NH / BR): PN, CL, Reports, Split Sheet.
Div of Water Resources: ✓ F�obb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet
Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Xnne Deaton (temporary) w/Reports
DCM Planner/WiRO:
/Mike Christenbury
Cultural Resources:
✓Renee Gledhill -Earley Environmental.Review(cDncdenroov_
Natural Heritage Prog.
v odney Butler_
DCA-Rural Eco. Dev:
✓MMark Ziegler _
NC DOT:
"D/avid Harris
_
"Maria
Wildlife Resources:
Dunn w/Reports_
State Property Office:
'//m Walton: DEED _
v1i}�e Moser _
anda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
✓Jeremy Humphrey (Bio) /) —
„Sharon Gupton, Admin.
DEMLR:
vC iistine Hall - Stormwater Section _
Sams - Land Quality Section
/Ran
vHeidi
Public Water Supply:
Cox
_GAVr Nt55rn-Temr K�attat�n�If&rstert — q
Enforcement: Field Rep�r:1�/� %'l 1 vC�(/� Wy&
Co. LPO
-� Agent: RECEIVED
�/ `f���
FEB 0 7 2020
DISTRIBUTED: DCM-MHD CITY
Updated 116,20 CAMA/Shaun majors docs/e'Agency List

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
12/12/2019
Pippin Marine
Brian Smrz
Wells
5254
$250.00
major fee, 1701 N Lumina Ave
Tmc rct.
Construction LLC
Fargo
Wrightsville Beach NHCo
9502

McGuire, Tyler D
From:
McGuire, Tyler D
Sent:
Tuesday, December 17, 2019 11:17 AM
To:
Brian Smrz
Cc:
Tony Wilson; trip pippinmarine.com
Subject:
RE: [External] Pier/Dock/Gazebo proposal
Mr. Smrz,
Your application has stopped being processed and has been placed on hold until the revised application has been
submitted and accepted as complete. I am not sure what the restrictions are for the Town of Wrightsville Beach's
drainage easement, as they will need to review your modified plans and the language in their drainage easement to
determine if there are any restrictions and whether the proposed development would interfere with their drainage
easement. From what I have interpreted in your deed their drainage easement extends to the Normal/Mean Low Water
line, but I am not an attorney. An attorney may be able to assist you with any restrictions for the drainage easement
located on your property.
You may also use the 2012 survey you have submitted with your application, however this is not a riparian survey and
does not show your established riparian corridor. If you would like to obtain a riparian survey for your modified
proposal I can assist your surveyor with your riparian corridor, as it has already been created from the adjacent 1995
Riparian Rights Agreement that your neighbors had legalized. I learned of this legal agreement from your Third Party
Appeal filed back in 2017 to Mr. Spicuzza's CAMA General Permit #69119 and have the file here in my office if your
surveyor would like to do a file review. Your surveyor/attorney/agent would need to contact me and set up an
appointment for the file review. CAMA agents would not be able to determine how far your docking facility is located
from your adjacent riparian property owners' corridors, as we are not licensed surveyors. In order to determine your
proposed water -dependent development was constructed according to the plans and does not encroach into the 15'
riparian setback, an as -built survey may be a condition of your permit.
Let me know if you have any more questions or if I can be of further assistance.
Thank You,
�P—
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler. McG ui re(a) n cdenr.gov
D_EQ
. ..\A*11.1
`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.
RECEIVEQ
DEC 17 2019
RECEIVEQICM WILMINGTON, NC
FEB 0 7 2020
DCM-MHD CITY

From: Brian Smrz [mailto:[e-mail]]
Sent: Tuesday, December 17, 2019 10:40 AM
To: McGuire, Tyler D <Tyler.McGuire @ncdenr.gov>
Cc: Tony Wilson <[e-mail]>; trip pippinmarine.com <[e-mail]>
Subject: Re: [External] Pier/Dock/Gazebo proposal
Mr. McGuire,
I appreciate your response and do understand the situation. At this point I would like to place on hold the
application. I will submit a new plan to the city and neighbors but would prefer to know what the restrictions of
the drainage easement are so that I can submit the most favorable application. If I am given information that the
drainage easement does in fact extend out past the pier head line I will still submit a new proposal with the
gazebo located on the drainage side of the house without encroaching into the easement with either the dock or
the gazebo. My reasoning for switching the side the gazebo is on is to give the best chance of moving forward
without neighbor objections.
I do also need to know if I am able to use the survey submitted with the last application that shows the riparian
corridors. As noted earlier I tried to get a new survey but was told by the surveyor that in our situation CAMA
is the only source that can do the riparian lines. He also thought the existing survey could most likely be used. Is
this true? It is my understanding that my existing dock is 20' from Mr Spicuzza's riparian corridor. Is CAMA
able to confirm that? I would like to help move things forward as much as I can but do need information if
possible.
I do also realize it is the holidays and everyone is extra busy post storms. If there is anything I can do to help
find out the drainage easement restrictions or survey information please let me know.
Thank you,
Brian Smrz
Sent from my Whone
RECEIVED
DEC 17 2019
DCM WILMINGTON, NO
On Dec 17, 2019, at 2:22 PM, McGuire, Tyler D <Tvler.McGuire(@ncdenr.gov> wrote:
Mr. Smrz,
As you requested, your application was not placed on hold and was already processed last week. With
the current application accepted as complete on December 13, 2019 your 75 day review period will be
completed on February 26, 2020 when you should receive your permit decision. With the holidays, staff
changes and vacant positions currently in DCM, and still a lot of recovery effort from the storms, it is
likely that your 75 day review period will be extended as major permit staff are extremely busy
processing applications. If you decide to modify your current plans, then your application will stop being
processed and will be placed on hold until the plans have been revised, the three (3) adjacent riparian
property owners have been re -notified, and the Town of Wrightsville Beach submits a letter stating they
have no objections to this modified proposal and that the location of the constructed features would
not interfere with their drainage easement. Depending on when the revised application is completed
would determine when your application would be taken off hold and resume processing. Please let me
know how you would like to proceed, as your current application is being processed without delay.
Thank You, RECEIVED
FEB 0 7 2020
DCM-MHD CITY

McGuire, Tyler D
From: McGuire, Tyler D
Sent: Thursday, January 2, 2020 2:12 PM
To: Brian Smrz
Cc: trip pippinmarine.com
Subject: Brian Smrz 1701 N Lumina Ave WB Major Development Application - Additional
Information Required
Attachments: Checklist for Major Permit Application.pdf
RE: INCOMPLETE APPLICATION — Brian Smrz (Applicant) — ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS: 1701 N Lumina Ave, Wrightsville Beach, NC
Good Afternoon Mr. Smrz,
I hope you and your family had a Merry Christmas and a Happy New Yearl The Division of Coastal Management's
Wilmington Regional Office received your modified CAMA Major Permit Development application on December 30,
2019, requesting approval for development activities at the subject address. In reviewing your modified application, we
have discovered that additional information is needed to complete the review process. Accordingly, I am requesting
that you submit the following additional information to this office:
1) All Drawings need the Simple Title Block: Applicant's Name, Drawing Number, Date, and Scale — complete
drawing #3 in color.
2) Top View Plans — Number this Drawing 1 of 3 and include the Adjacent Riparian Property Owner the Town of
Wrightsville Beach to the south of your parcel (they own the fenced -in property to the south of Sunset Lagoons'
docking facility located on your property) at 1601 N Lumina Ave.
3) Consent Letter from the Town of Wrightsville Beach stating they have no objections to this modified proposal
and that the location of the constructed features would not interfere with their drainage easement.
4) Certified Mail Return Receipts (Green Cards) — please submit these to our office showing that you have notified
the adjacent riparian property owners (1. Spicuzza, 2. Sunset Lagoon Investment Properties, & 3. Town of
Wrightsville Beach) of the modified plans.
In accordance with the NC Department of Environmental Quality regulations, we note that the modified application, as
submitted on December 30, 2019, is incomplete for processing. I have attached the Checklist for CAMA Major
Development applications to this email for your reference. Let me know if you have any questions or if I can be of
further assistance.
Thank You,
Environmental Specialist
Division of Coastal Management
North Carolina Department ui Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tvler.McG uire(a: ncdenr.eov
RECEIVED
FEB 0 7 2020
RECEIVE O
JAN 0 2 7020
DCM WILMINGTON. NC
0CM-MHD CITY

CAMA and DREDGE AND FILL 25108
0'EN E R A L
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC % TO
u�. lLG " Phone Nurnbo-
d «f Riz� �il'T``�",�,,tar"
Applicant Name�'
Address t1) lr� Ct�fJ i r.
City lJtl A. Jrm State W L Zip a C rr ^
C
Project Location (County, State Road, Water Body, etc.) 17 O I tJ
ry "
Type of Project Activity
(SCALE:
Nut
zFi711�
,1
��///■�//�
.I
This permit is s��j� t� with this application, site drawing
and attached general an spe(iiic conditions. Any violation of these terms
may subject the permittee to a fine, imprisonment 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 of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
wwn" rrrLrvInvI TWIT, Me
applicant's signature
r I perfnit 01 cer's signature
4
issuing date expiration date
attachments
tiq- application fee

41
ROY COOPER
Governor
MICHAEL S. P EGAN
Secretary
BRAXTON C. DAVIS
Director
Jim Spicuzza
2020 Scrimshaw Pl.
Wilmington, NC 28405
Dear Mr. Spicuzza:
NORTH CAROLINA
Environmental Quality
May 20, 2020
This letter is in response to your latest correspondence, which was received by the Division of
Coastal Management dated January 5, 2020, regarding your concerns about the proposed
development by Brian Smrz, at 1701 North Lumina Ave., in Wilmington, New Hanover County.
The proposed project consisted of a docking facility reconfiguration and expansion. The
proposed project has been determined to comply with the Rules of the Coastal Resources
Commission and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit.
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.
If you would like copies of the appropriate appeal forms or should you like to discuss the
specifics of the process, please feel free to contact me by telephone at [phone] extension
215, or by email at [e-mail].
CC: DCM WiRO
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
DEQ��
om.w�mueimmmwouvn\'
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
Jim Spicuzza
2020 Scrimshaw Pl.
Wilmington, NC 28405
Dear Mr. Spicuzza:
NORTH CAROLINA
Environmental Quality
May 20, 2020
This letter is in response to your latest correspondence, which was received by the Division of
Coastal Management dated January 5, 2020, regarding your concerns about the proposed
development by Brian Smrz, at 1701 North Lumina Ave., in Wilmington, New Hanover County.
The proposed project consisted of a docking facility reconfiguration and expansion. The
proposed project has been determined to comply with the Rules of the Coastal Resources
Commission and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit.
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.
If you would like copies of the appropriate appeal forms or should you like to discuss the
specifics of the process, please feel free to contact me by telephone at [phone] extension
215, or by email at [e-mail].
CC: DCM WiRO
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
�FQ
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252,808.2808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, May 20, 2020 8:20 AM
To: Jim Spicuzza
Cc: MacPherson, Tara; Pietila, Tanya K; Cannon, Amanda J
Subject: Brian Smrz CAMA permit decision
Attachments: Jim Spicuzza (Smrz).pdf, 58-20 Brian Smrz.pdf
Morning Mr. Spicuzza,
Please see above for a copy of the final determination for the Brian Smrz CAMA project. Due to staff working from
home it is difficult to say when the original will make it to you so I wanted to offer an electronic copy the same day as
issuance. The letter provided above details your rights and I have attached a copy of the CAMA permit for your
reference.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S2 US 2009ext US (Of ice)
Gregg�Bodnar�nedenraov
Email oQmrsaondence to andfmar"address ls'sub)M to the
North Carolina PubAcaecords lawandmoybedlsclosed to third portW-

ROY COOPER NORTH CAROLINA
Governor Eny&o unentul Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS A
Director
April 6, 2020
Brian Smrz
[e-mail]
Dear Mr. Smrz,
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to reconfigure a docking facility within Middle
Sound, in New Hanover County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make June 21, 2020 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 215) or e-mail ([e-mail]).
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
Cc: DCM WiRO
Trip Pippin ([e-mail])
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead Ctty Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, April 6, 2020 8:39 AM
To: Brian Smrz
Cc: [e-mail]; MacPherson, Tara; Pietila, Tanya K
Subject: RE: [External] 1701 North Lumina Pier/Dock/Gazebo proposal
Attachments: Smrz EXT.pdf
Morning Mr. Smrz,
Please see above for the extension of your CAMA application. To date I am waiting on for comments. You are correct
that Tyler has left DCM, so any future needs for the property will still be handled by our Wilmington Staff, though the
field rep will change. Also, due to current situations I am not making any predictions on time, but once comments are
complete I hope to have a final decision shortly thereafter.
Regards,
Gregg
From: Brian Smrz <[e-mail]>
Sent: Saturday, April 4, 2020 7:50 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] 1701 North Lumina Pier/Dock/Gazebo proposal
Hi Mr. Bodnar,
I am writing to see if you know if you have an idea of when the results of my dock proposal might be known
am pretty sure I was meant to find out by the end of the week April 10th.
I am not sure if there have been any hold ups due to the Coronavirus. I also heard through my contractor that
Tyler Mcguire is no longer with Mama. He was my main source of communication so I am not sure if you are
the point person or is it someone else.
Any information would be appreciated.
Thank you,
Brian Smrz
805-657-0077
Sent with Unibox [uniboxapp.coml

Bodnar, Gregg
From:
McGuire, Tyler D
Sent:
Wednesday, February 12, 2020 8:42 AM
To:
Bodnar, Gregg
Subject:
FW: [External] Jet ski drive on dock gone
Attachments:
Smrz 1701 N Lumina Ave WB Bulkhead CAMA GP#71771.pdf
Good Morning Gregg,
Greg with the ACE caught something in the drawings to the permit application for Brian Smrz at 1701 North Lumina
Avenue on Wrightsville Beach, that I missed. Drawing #3 of 3 shows a "New Bulkhead" with a red line, however this is
not a "proposed" bulkhead. This "new" bulkhead has already been permitted and constructed. See attached CAMA
General Permit #71771 authorizing this new bulkhead. Also see emails below clearing up this confusion with the ACE (if
you want), but I thought I should notify you of this error also in case questions arise on your end.
Sorry...
Environmental Specialist
Division of Coastal Manaeement
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tv1er.McGuire4i),ncdenr.¢ov
*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: McGuire, Tyler D
Sent: Wednesday, February 12, 2020 8:37 AM
To: Currey, Gregory E CIV USARMY CELRP (USA) <[e-mail]>
Cc: Brian Smrz <[e-mail]>
Subject: RE: [External] Jet ski drive on dock gone
Greg,
After speaking with Brian Smrz yesterday, the applicant, this "new bulkhead" as shown on Drawing #3 of 3 has already
been permitted and constructed. Please see the attached CAMA General Permit #71771 for this "new bulkhead". Let
me know if you have any more questions or if I can be of further assistance with this permit application.
Thank You,

Environmental Specialist
Division of Coastal Manaeement
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler.McGuire(i� ncd enr.eov
bietiar n tw.iw.�x Err,\vf
*E-maff correspondence to and from Ibis address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brian Smrz [mailto:briansmrzOmac.com]
Sent: Tuesday, February 11, 2020 10:28 PM
To: McGuire, Tyler D <Tyler.McGuireAncdenr.aov>
Cc: Currey, Gregory E CIV USARMY CELRP (USA)<[e-mail]>
Subject: Re: [External] Jet ski drive on dock gone
Hi Tyler,
After looking at the color drawing you were referencing I realize my error. I labeled it as "New
Bulkhead" because it is a new bulkhead (built early 2019) that is already built and permitted but not
yet shown on google earth where I took the snapshot from.
My mistake was not differentiating it from the heading at the top that says Red outline of proposed
structure drawn overtop of existing dock. I should have given it a totally different color and labeling to
make clear that it is not proposed.
Per our discussion on the phone today, hopefully the permit of the bulkhead will clear up the
confusion. If you need me to provide any more information please let me know.
Thanks,
Brian
Sent with Unibox
On Feb 11, 2020, at 11:14 AM, McGuire, Tyler D <tyler.mcguire()ncdenr.gov> wrote:
Brian,
We have sent your CAMA Major Development application out for the 75 day review period, and the U.S. Army
Corps of Engineers caught something in the work plans that I did not. Drawing #3 of 3 shows a new bulkhead

being proposed in the southeastern corner beginning near the pier and ending near the drainage culvert,
however there were no other reference in the application to this proposed bulkhead. If the bulkhead needs to
be included with this application, then we will need to place the review period on hold until we receive the
rest of the information for the proposed bulkhead in the application. Let me know if you would like to include
the bulkhead with this application, as we will need to include an MP-2 form (attached to this email) with the
application, update the narrative, and re -notify the adjacent riparian property owners of this proposed
development if they weren't notified of the bulkhead before.
Thank You,
Tyler McGuire
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
[e-mail]
*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: Brian Smrz fmailto:[e-mail]]
Sent: Wednesday, February 5, 2020 5:00 PM
To: McGuire, Tyler D <Tyler. McGuire@ ncden r.gov>
Subject: Re: [External] Jet ski drive on dock gone
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to [e-mail]<mailto:[e-mail]>
Great, thanks
Sent from my iPhone
On Feb 5, 2020, at 9:49 PM, McGuire, Tyler D <[e-mail]> wrote:
Brian,
Thank you for letting me know and I stopped by your property today while I was on the island and confirmed
that it has been removed. I will send your application out for the 75 day review period.
Thank You,
Tyler McGuire
Environmental Specialist
Division of Coastal Management

North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
[e-mail]
*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: Brian Smrz [mailto:[e-mail]]
Sent: Wednesday, February 5, 2020 1:59 PM
To: McGuire, Tyler D <[e-mail]>
Subject: [External] Jet ski drive on dock gone
CAUTION: External email. Do not click links or open attachments unless
you verify. Send all suspicious email as an attachment to
[e-mail]<Mai Ito: [e-mail]>
Hi Tyler,
The jet ski drive on dock has been removed.
Brian
Sent from my iPhone
id
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Cannon, Amanda J
From: Pietila, Tanya K
Sent: Friday, February 7, 2020 3:52 PM
To: Bodnar, Gregg; Cannon, Amanda J
Subject: CAMA Major APP/Brian Smrz/Objections
Happy Friday!
We have a pack of objections for this project that I'll be sending to you via courier. Just fyi so you can expect it.
Thanks! I hope you have a great weekend!
Tanya
Tanya Pietila
Permit Support Specialist
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone:[phone]
Tanya. PietilaOncdenr.gov
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Low and may be disclosed to third parties.
RECEIVED
FEB 0 7 2020
DCM-MHD CITY

Bodnar, Gregg
'% `�ic4,12a
c61eAc,,1
From:
Brian Smrz <[e-mail]>
�4}/tTvT'
Sent:
Tuesday, February 25, 2020 8:24 PM
�lC
To:
Bodnar, Gregg
Cc:
McGuire, Tyler D
Subject:
Re: FW: [External] CAMA objection to 1701 N
Lumina Ave. proposal
Mr. Bodnar,
Thank you for the call today and for sharing Mr. Spicuzza's dock layout proposal.
I am going to officially decline to make any changes to the proposal I submitted. I am quite sure it would be
extremely difficult to get any proposals through if the designs were left up to what the neighbors wanted.
As a note the design Mr. Spicuzza submitted is not user friendly at all. If the boat lift were to remain on the far
left where he is proposing this would mean all of the boat traffic, kayaks, rafts, paddle boards, etc. would be
tied off on the far end near Mr. Spicuzza which would only cause problems of complaints by him down the
road. The design that I submitted uses the boat lift as a buffer between Mr. Spicuzza's riparian corridor and our
main area of use.
I have already gone above and beyond by moving the proposed gazebo to the far side away from Mr. Spicuzza
as he requested. This new design is actually going to cost me approximately $6,000 to $8,000 more than the
design I originally submitted in which the gazebo was over to the right side of the pier closer to Mr. Spicuzza
because I have to build an extra 15' of pier and rails. This gesture was solely done to try to be accommodating
to Mr. Spicuzza and avoid future problems.
On another note Mr. Spicuzza's design does not accurately reflect the true distances. He makes a note that the
proposed dock should be no further than the current dock and then he modified the drawing to look like this is
much further away from his riparian corridor than is actually true. The proposal that I submitted places the boat
lift very close to where the end of our current dock is and more importantly respects the rules of staying a
minimum of 15' from Mr. Spicuzza's riparian corridor.
It really is not even worth talking about Mr. Spicuzza's request to keep our proposed dock no wider than 6'. It is
a silly request with no basis.
In the future I would like to officially change the phone number to call me to 805-657-0077. The other number,
805-526-5500 goes straight to a machine and is not checked that often.
Thank you,
Brian Smrz
805-657-0077

Sent with Unibox
On Feb 25, 2020, at 11:40 AM, Bodnar, Gregg <[e-mail]> wrote:
Afternoon Mr. Smrz,
Based on our conversation earlier today I am forwarding you the latest objection from Mr. Spicuzza that
contains the suggested layout. If you would like to respond to this suggested layout please do so through
'reply all' to this email.
Thanks again for your time and if you have any questions please do not hesitate to call,
Gregg
<image002.png>
From:Jim Spicuzza <[e-mail]>
Sent:Sunday, January 5, 2020 8:33 PM
To:Pietila, Tanya K <[e-mail]>; Bodnar, Gregg <[e-mail]>; Goebel, Christine A
<Christine.Goebel@NCDEN R.G 0 V>
Cc:Tony Wilson <[e-mail]>; Timothy Owens <[e-mail]>; Amico, Patrick J
<[e-mail]>; Brownlow, Roy <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Darryl Mills Forwarding <dmills(atowb.org>; Jim Spicuzza
<j [e-mail]>
Subject: [External] CAMA objection to 1701 N Lumina Ave. proposal
:External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to reuort.spam(@nc.eov
To Whom it may concern,

006i
DIVISION OF COASTAL M
ADJACENT RIPARIAN PROPERTY OWNER
Name of Property Owner:
Address of Property:
Agents Name*
Smrz Trust
1701 N. Lumina Ave., Wrightsvi
(Lot or Street #, Street or Road,
Brian Smrz
Agent's phone M 805-667-0077
ENT
kTION/WAIVER FORM
Beach, New Hanover
& County)
Mailing dress: 725 Larchmort St.,
Simi Valley Ca. 93065
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 ti is attached drawing the development
they are proposing. A'd io or d th i e sio smust be providiwdvAiiiiiii.leftee.
I have no objections to this proposal. I a objections to this proposal.
If you have objections to whatis being proposed, you must no the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. C ontact information for DCM offices is
available at htty.,19Wwwmccoastalmanauement net/weWcm1-listin or by calling1-888-4RCOAST.
No response is considered the same as no ob"action if you h ive been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, I ireakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of rip rian access unless waived by me. (If
you wish to waive the setback, you must initial the approp 'ate blank below.)
I do wish to waive the 15' setback
I do not 'sh to waive the 15' setback
(Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/StateMp
Telephone Number/Email Address
Date
Print
Date
Property Owner Information)
G
(Revised Aug. 2014)

OM Brian Smrz
805-657-0077 Email-briansmrz®mac.com 725Larchmont St.
December 24, 2019
Jim Spicuzza
2020 Scrimshaw PI.
Wilmington N.C.28405
Mr. Spicuzza,
Enclosed is a revised plan with regard to the CAMA �
a new pier, dock and gazebo at 1701 N. Lumina Ave.
Hanover County, North Carolina and near Banks Chai
As the adjacent riparian property owner to the aforem
notify you of the development in order to give you an
project. Please review the attached permit application
Should you have any objections to this proposal, ple:
NCDEQ,125 Cardinal Drive Extension, Wilmington N
receipt of this notice. Such comments will be conside
final decision on the application. No comment within
will be considered as no objection. If you have any qx
me at 805-657-0077 or email me at briansmrz@mac.c
Brian Smrz
93065
permit I am applying forto build
itsville Beach, 28480 in New
coed project, I am required to
)rtunity to comment on the
drawings.
send your written comments to
28405 within 30 days of your
bythe Department in reaching a
days of your receipt of this notice
ions on this project, please call

■E Brian Smrz
805-657-0077 [e-mail] 725Larchmont St.
December 24, 2019
NCDEQ
127 N. Cardinal Drive
Wilmington N.C. 28405
The enclosed revised CAMA Major Permit Application
roof and floating dock with boat lift. Original applicatii
be 6' wide and 16' long leading to a 12' x 41.5' float. T
western end of the float. There will be a 6' x 22' entran
12' deck with a 14' x 14' roof. The dock will be private
t,51 �
Brian'Smrz
to build a new pier with covered
was filed 10/21/19. The pier will
boat lift will be placed at the
way off the main pier to a 12' x
d for family use and guests only.

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Bodnar, Gregg
From: Jim Spicuzza <[e-mail]>
Sent: Sunday, January 5, 2020 8:33 PM
To: Pietila, Tanya K; Bodnar, Gregg; Goebel, Christine A
Cc: Tony Wilson; Timothy Owens; Amico, Patrick 1; Brownlow, Roy; Renaldi, Ronald; Darryl
Mills Forwarding; Jim Spicuzza
Subject: [External] CAMA objection to 1701 N Lumina Ave. proposal
Attachments: Objection to 1701 N Lumina proposal01052020_0000.pdf, 1701 N Lumina suggested
Iayout01052020_0000.pdf
Categories:
Important
To whom it may concern,
we Object to the Applicant's revised
received by certified mail on Monday
Riparian Property owner Notification
Applicant's proposal.
LAMA proposal dated 12/24/2019 and
December 30, 2019 The Adjacent
Form is attached below along with the
while we appreciate the Applicants' willingness to move the proposed
gazebo structure to the N. i_umina Avenue side of his Property, the balance
of the proposal still does not address the hardship this proposal will
cause to the adjacent neighbor's narrow riparian accesses (at both 1 & 3
Parmele Blvd.) within the already cramped cul-de-sac shaped lagoon.
The Applicant's proposal to replace a 5-6 foot wide floating dock adjacent
to our property, with a 13 x 13 foot wide boat lift structure where shown,
would significantly restrict the presently navigable waters available for
ingress, turn -around and egress within the narrow riparian corridors of 1
& 3 Parmele Blvd.. These 2 properties do not enjoy the same unobstructed
riparian access that the Applicant's property enjoys and nor do they share
the same 15 foot buffering setbacks on opposing sides. Allowing the
Applicant to place this even larger (boat lift) structure at the very edge
of the setback will place a hardship upon the adjacent properties, that
rely upon the open waters to safely navigate to their respective docks &
bulkhead. At low tide, the property at 1 Parmele is so shallow that our
boat tied against the bulkhead is completely breached. At low to mid tide,
navigable water is unavailable for up to 10-15 feet out from the bulkhead.
Attempting to turn around any size paddle board or boat in these shallow
waters would be hazardous with a 4-piling boat lift structure that would
block what is presently navigable and/or accessible waters. The adjacent
neighbor at 3 Parmele would also be compromised by any larger structures
being allowed, since they also share a similarly narrow riparian corridor
access to their existing floating dock. In fact, the Applicant himself,
previously complained in writing to CAMA that any dock proposal permitted
at 1 Parmele would congest the Applicant's own access and devalue his own
property. The Applicant has no hardship requiring the necessity for this
type and magnitude of proposed additions. The Applicant is also not
entitled to further constrict his neighbors navigable access to

(currently) accessible public waters that have been used for decades for
this same purpose.
The Applicants property already has Two (2) existing piers, Eight (8) boat
slip spaces, one (1) already existing large covered Gazebo, and an un-
permitted floating double jet ski port. The Applicant's proposal to add a
second covered gazebo onto his property, add even more boat slips and
increase the floating docks to an egregious size, should not be allowed.
The Applicant already has what most would deem as a "Marina" on his very
narrow parcel of property. Any consideration for additional decks,
gazebos, boat slips or changes of configurations, should fall under a
Marina permit, since even more dock space and amenities are being
proposed. This type of facility is unacceptable within a residential
neighborhood.
while the original sketch drawing proposal shows "David Callahan" as the
other property owner of the adJacent pier, dock and gazebo on the N.
Lumina side of the property, all these structures exist on the Applicant's
own property and represent an over abundance of decking, structures and
impervious surfaces. Mr Callahan merely has an Easement over the
Applicant's property from his house across the street at 1600 N. Lumina
Avenue. This fact is easily referenced within the recorded deed of the
Applicant's own property, as well as being shown on the Applicant's
original survey. Mr Callahan is not the correct adjacent property owner
that should be notified about this proposal and given the opportunity to
respond.
The Applicant has not included on his survey or sketch drawing, any
calculation of the amount of house, existing decking or other structures
located within the 30 foot LAMA buffer. The Applicant's property vastly
exceeds the allowable 2005E and there is an over -abundance of existing
decking, piers, docks, gazebos and other structures already on the -
property. The property is non -conforming to required setbacks and no new
structures or modifications should be considered. only changes that
replace existing improvements in like -kind or REDUCE the amount of
decking, structures and impervious surfaces on this property should even
be considered.
A CAMA major permit mandates the size restrictions on T-heads, finger
piers, platforms and decks as follows: "Combined total area cannot be more
than 4 square feet per linear foot of shoreline. Larger total area could
be approved only if area is necessary for safer use or to support a
waterdependent use that could not occur otherwise." The Applicant has
provided no certified calculations of any existing or proposed
improvements on the property, to demonstrate he is within the allowable
limits.
The Applicants super narrow triangular shaped lot width would not support
these same structures ff they were built on land, as the Applicant would
not even come close to meeting the front, back or side required setbacks.
Behind the Applicant's very narrow strip of land sits our residence at 1
Parmele Blvd.. we continue to remain concerned about where the Applicant's
(existing and proposed) massive dock structures would end up during and
after a major storm event. we have already observed how hurricane Florence
effected the Applicant's house that was built so close to the water, which
resulted in a catastrophic bulkhead failure that subsequently has now
impacted our own bulkhead. we believe a larger storm, affected by tides,
could easily float the Applicant's floating dock or any boat left in the
r

proposed boat lift cradle, directly onto our property, as there is nothing
to block it from hitting our home. It has no where else to go.
The Applicant's request to build a massive 12 foot wide floating dock is
in -congruent with any structure in the lagoon and exceeds that of any
nearby marina. The Applicant's proposal to increase his floating dock size
from 5 or 6 feet up to 12 feet wide is an attempt to make any waters near
or behind his dock, unusable. This size floating dock serves the same
purpose as placing a proposed 14x14 gazebo or 13x13 boat lift. The
Applicant's prior complaints to CAMA (in 2017/2018) about boats being tied
up within our own riparian corridor or tied to cleats at our own bulkhead
should be taken into consideration as to why the Applicant is seeking to
block these waters with larger structures. These larger structures would
prevent any opportunity to use these presently open waters for safe
boating ingress, turnaround and regress, especially during lower tides.
Further, the Applicant's Form DCM MP-4 shows the Applicant is requesting
to increase the number of boat slips from "3" to "5' by elongating a
massive floating dock to 41.5 feet in length. The proposal is misleading
because it does not include the fact that the Applicant ALREADY has on his
property Two (2) existing piers, Eight (8) boat slip spaces, one (1)
already existing large covered Gazebo, and an un-permitted floating double
(2) jet ski ports.
Allowing this proposed marina -like expansion, would not only congest the
already constrained cul-de-sac lagoon, but would also contribute of noise,
pollution, complaints, safety concerns and would greatly devalue the
adjacent neighbors property values and our unfettered and peaceful rights
and use thereof.
The Applicant's proposal does not illustrate how many pilings or the
placement that would be necessary to hold a massive 12 foot x 41.5 foot
floating dock in place. The proposal remains incomplete.
The Applicant's Form DCM MP-1 (page 3 of 4) (i) states there will be NO
wastewater or storm water discharge. The Applicant recently repaired his
failed bulkhead and added a PVC drainage pipe running through it. This
pipe collects water from the Applicant s driveway and discharges this
untreated water directly into the Lagoon. This was not shown on his
previous Application when the Applicant previously applied for a bulkhead
repair permit.
with further regard to the Applicant's proposed boat lift placement; Due
to the narrow riparian corridors within the cul-de-sac lagoon, it is
nearly impossible for the property owners of 3 Parmele to dock their boat,
turnaround and egress without safely using some portion of 1 Parmele's
riparian corridor. Neither 1 Parmele nor 3 Parmele Blvd property owners
have a 15 foot setback between them as a buffer. These properties both
rely on the currently unobstructed open waters for safe boating access.
The Applicant's choice to place a 13x13 boat lift at the furthest end next
to 1 & 3 Parmele's already congested corridor, is an accident waiting to
happen. The Applicant's weekly vacation tenant's routinely bring large
boats that use the existing boat lift. vessels also protrude significantly
beyond the boat lift cradle and will block open waters in front and behind
the proposed boat lift location. The A plicant's proposed placement of the
boat lift is inappropriate. It is further believed that the Applicant is
positioning his improvements in defense of CAMA General Permit No 69119D,
to prevent any re -visitation of improvements at 1 Parmele Blvd..

The Applicant previously mentioned the purpose for placing his boat lift
where it is proposed, was due to deeper waters. The Applicant has the
deepest water where the existing boat lift presently is placed. we have
never observed any of the Applicant's tenants having any tidal depth
issues while placing boats on the lift where it is presently located. To
the contrary, where the Applicant is proposing to put the new boat lift is
shoaling, mostly due to the Applicant's loss of bulkhead materials into
the Lagoon during his most recent catastrophic bulkhead failure.
The Applicant is also able to dredge in these waters if he desires.
Therefore there is no hardship causing the necessity for the large boat
lift to be moved directly beside his neighbor's narrow riparian
corridors.
The Applicant should also be required to dredge to remove the foreign
materials that were lost during the Applicant s
prior catastrophic bulkhead failure, which sat for several months in
disrepair, without a silt fence.
The Applicant has provided a proposed sketch plan in which this
application is being completely relied upon. There are no stamped surveys
or As-Builts provided to verify the accuracy of the neighboring property's
narrow riparian corridor illustrated, or the precise location of the
applicants current and proposed improvements. The importance of including
the narrow corridor for both 1 and 3 Parmele Blvd. should also be
considered, as neither of these properties have traditional riparian
corridors with normal setbacks on either side, due to the nature of the
cul-de-sac lagoon location. As-Builts would further demonstrate where the
existing floating dock is presently located. As-Builts of the existing
structures that can be over-layed onto the proposed improvements should be
required of the Applicant to accurately understand how the before and
after improvements will impact the ad7'acent neighbors' properties. The
nature of the cul-de-sac lagoon and the narrow, fragile Riparian corridors
of record are far too small to rely upon a simple sketch drawing for
accuracy. Any proposal to bring a larger or wider floating dock, gazebo,
or boat lift any closer towards 1 & 3 Parmele Blvd's narrow riparian
corridors would be unacceptable.
The revised plan does not demonstrate any significant changes that would
alleviate mine and my neighbor's prior concerns, that have previously been
shared.
In good faith, to show a willingness to work with the Applicant, I have
drawn a "Suggested Layout" that we would not object to, providing all
other concerns relating to compliance of rules and regulations related to
setbacks, storm water and allowable amounts of decking and structures
within the CAMA buffer were satisfied. (see attached)
-- Forwarded Message ----
From: Jim Spicuzza <[e-mail]>
To: Pietila, Tanya K <[e-mail]>; Bodnar, Gregg <[e-mail]>; Goebel, Christine A
<Christine.Goebel@NC DENR.GOV>
Cc: Tony Wilson <[e-mail]>; Timothy Owens <[e-mail]>; Amico, Patrick J
<[e-mail]>; Brownlow, Roy <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Danielle Villegas <[e-mail]>; Chris Spicuzza <[e-mail]>; Darryl
Mills Forwarding <[e-mail]>
Sent: Tuesday, November 19, 2019, 11:01:54 PM EST
Subject: CAMA proposal objection to 1701 N Lumina Ave.

To Whom it May Concern,
We object to the neighbors revised LAMA proposal (dated'11/13/2019) for
all the reasons previously mentioned, as well as the following.
The Adjacent Riparian Property owner Notification Form is attached below.
The Applicant is attempting to place structures that will block our's and
our neighbor's extremely narrow riparian corridors. The Applicant has made
no significant changes to his previous proposals. The Applicant has ample
room in front of his own house to place these proposed improvements
without interfering with his neighbor's extremely limited riparian
accesses.
In addition,
1) the Applicants survey of existing structures does not accurately
portray the drainage easement in front of his property on the N. Lumina
Avenue side. The easement is shown extended significantly further out into
the water and has no measurement associated with it. The applicant has no
hardship that would prevent him from relocating the improvements on the
left (N. Lumina) side of his property, in front of his own house and
leaving the access to existing public waters, alone.
2) The Applicants survey incorrectly shows an appendage to the right side
of his pier which does not even exist.
3) The Applicants survey incorrectly leaves off the illegal and un-
permitted double jet ski port, that has remained on the inside of his
floating dock for the past 4 years.
4) The Applicant has not included on his survey or sketch drawing, any
calculation of the amount of existing decking or other structures located
within the 30 foot CAMA buffer. The Applicant's property vastly exceeds
the allowable 200sf and there is an over -abundance of existing decking,
piers, docks, gazebos and other structures already on the property. The
property is non -conforming to required setbacks and no new structures or
modifications should be considered.
5) The Applicants property already has TWO (2) existing piers, Eight (8)
boat slip spaces, one (1) already existing large covered Gazebo, and an
un-permitted floating double jet ski port. The Applicant's proposal to add
a second covered gazebo and egregious, monstrous sized floating party
docks, should not be considered or allowed. The Applicant already has what
most would deem as a "Marina" on his very narrow parcel of property. Any
consideration for additional decks, gazebos, boat slips or changes of
configurations, should fall under a Marina permit, since even more dock
space and amenities are being proposed.
While the sketch drawing proposal shows "David Callahan" as the owner of
the adjacent pier, dock and gazebo on the N. Lumina side of the property,
these structures exist on the Applicant's own property and represent an
over abundance of decking, structures and impervious surfaces. Mr Callahan
merely has an Easement on the Applicant's property. This fact is easily
referenced within the recorded'deed of the Applicant's own property as
well as being shown on the Applicant's own survey. I question whether Mr
Callahan is even the correct adjacent property owner that should have been
notified about this proposal.
6) The Applicant's recent catastrophic bulkhead failure in front of his
own house further demonstrates the obvious effect of having to much
impervious surface of house, decking and other structures, all located

well within the 30 foot CAMA setback buffer. only changes that REDUCE the
amount of decking, structures and impervious surfaces on this property
should even be considered.
7) The Applicant's sketch drawing does not illustrate where the Applicants
house is located. The Applicant is attempting to push all his proposed
improvements away from his own site -line and into direct conflict with his
neighbors. The Applicant could easily move the proposed gazebo and massive
floating docks in front of his own house and into his own visual site -
line.
8) The Applicant's proposed re -location of the boat lift will place
permanent pilings far to close to the narrow riparian corridor of his
neighbors at 1 Parmele and 3 Parmele Drive. Due to the narrow size and
width of the adjacent neighbor's riparian corridors, allowing the
Applicant to place permanent structures, as proposed, will eliminate the
ability for neighbors to freely operate a boat and to turn a vessel around
for purposes of regress. It will place hardship upon the neighbors at 1
Parmele and 3 Parmele Drive by creating a dangerous navigational issue
within this already tight cul-de-sac lagoon.
9) The narrow Riparian Corridor shown on the proposed sketch plan for the
S icuzza property located at 1 Parmele, is further constrained by the
close proximity of the Brook's pier and dock located at 3 Parmele. This is
not shown on the proposed plan but needs to be adequately considered. The
Applicant's proposal (if allowed) would significantly devalue our property
and place our already limited water rights in further confines and peril.
If the Applicant's proposal is approved, it will be contested and
litigated for these very reasons.
10) The proposed sketch drawing effectively demonstrates how the Applicant
would have to encroach well into the 15 foot setback area, to put a boat
onto the newly proposed boat lift. It is further typical for a vessel to
extend well beyond the cradle of the boat lift. A protruding boat would be
dangerous and allow no room for error or turnaround. Many of the
Applicant's weekly rental tenants bring 30+ foot boats and routinely block
our riparian access EVEN WHERE THE PIER IS PRESENTLY LOCATED! The existing
placement of the Applicant's current boat lift (on the opposite side), is
a far better placement that will not cause harm to the neighbors narrow
riparian corridor's and already limited riparian accesses. There would be
no hardship to the Applicant to leave the boat lift where it currently
exists.
11) The Applicant has not even repaired his own failing bulkhead whaler
that adjoins both our properties. The Applicant was notified about this on
September 5, 2019 and has refused to address this matter on his own
property. Allowing the Applicant consideration of new improvements, before
even addressing another eminent bulkhead failure that will also affect his
neighbors, would be reckless and inappropriate. I have notified my
insurance carrier about this matter. Should it result in further damage to
our bulkhead wall, we will hold the Applicant responsible. This issue
could easily result in repairs that could require another bulkhead wall to
be built in front of our existing wall (similar to the Applicant's most
recent repair). The probability for future repairs should also be taken
into consideration as the neighbors bulkhead wall at 3 Parmele is also
showing signs of stress. The Applicant's proposed improvements would
considerably crowd this area. More over, there would be no room for a
barge to safely gain access and make such repairs, if the Applicant's

proposed gazebo and boat lift were approved. it would significantly block
the waters that currently exist for the benefit and use of everyone.
12) The Applicant is under no Hardship to place the proposed improvements
where he is trying to locate them. The Applicant has many alternatives on
the other side of his property. He already enjoys two large piers,
multiple dock spaces, jet ski ports and a boat lift. There is no need to
push all his proposed improvements directly beside his neighbors narrow
riparian access. The Applicant is attempting to crowd existing public
waters for his own personal benefit and to the detriment of his neighbors
within the narrow cul-de-sac lagoon.
13) The contractor's cover letter on behalf of the Applicant is further
misleading. The letter ends by stating "The dock will be private and for
taxi 7y use only. "
The Applicant's property is offered for weekly vacation rental by Seascape
Properties. The website listing for the Applicant's property reads: "Right
on the bay and just a block to the beach, The Great Escape offers the best of sunrises and sunsets.
Take advantage of your private dock with supplied kayaks, paddle boards & rafts — or bring your own
boat!"
The Applicant's tenants routinely bring large and/or multiple boats, float
inner tubes on ropes that drift into our riparian corridor, and party on
the dock and shoot fireworks at all hours. Placing a roofed gazebo to trap
noise in front of our house (as opposed to being 7n front of the
Applicant's own house) is completely inappropriate and unacceptable.
Kind Regards,
Jim and Chris Spicuzza
910.443.4283
James A. Spicuzza
Coastal Properties
Selling The Finest Golf, Waterfront
& Boating Lifestyle Properties!
910.443.4283
On Tuesday, October 29, 2019, 08:36:35 AM EDT, Goebel, Christine A <[e-mail]> wrote:
Thanks Mr. Spicuzza. DCM will include this information/objection in the permit review file for consideration,
and will let you know when a permit decision is made.
Christy
7

Christine A. Goebel
Assistant General Counsel. Office of General Counsel
North Carolina Department of Enviromnental Quality
D 919.707.9554 (Office)
1 christine.gocbelnncday.goc
Ell ,4x4arrct,er.h,vc�cr;,#KJ�.".;"C,ratt:.:.,:a,e�s.:,. ,.,t�AmMGu,vy FUboc %xvdi Law &ia
may he (A&*v arr to "0 Hams;
From: Jim Spicuzza [mailto:[e-mail]]
Sent: Monday, October 28, 2019 6:02 PM
To: Pietila, Tanya K <[e-mail]>; Bodnar, Gregg <[e-mail]>
Cc: Tony Wilson <[e-mail]>; Timothy Owens <[e-mail]>; Amico, Patrick J
<[e-mail]>; Brownlow, Roy <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Danielle Villegas <[e-mail]>; Goebel, Christine A
<[e-mail]>; Chris Spicuzza <[e-mail]>
Subject: [External] CAMA proposal objection to 1701 N Lumina Ave.
I received another certified letter in the mail from my neighbor at 1701 N. Lumina Avenue, Wrightsville Beach, which I
picked up and signed for today, October 28th, 2019. 1 object to this "revised proposal" and have attached the signed
notice below for the record.
The revised plan does not demonstrate any significant changes that would alleviate mine and my neighbors concerns that
have already been shared below. While the left hand side of the drawing contradicts the original drawing, the right hand
placement of the boat lift pilings, massive floating dock and gazebo has remained virtually the same.
There are no actual surveys of either property to verify exactly where existing improvements are now located, and how the
new improvements will encroach towards the neighbors properties. The previous drawing showed the left side as a
"riparian corridor", but now the revised drawing shows it as an "easement" in a different location. How can anyone rely on
this sketch for an accurate representation? Surveys of proposed improvements and As -built surveys are absolutely
necessary. A recorded survey of the neighboring Riparian corridors should also be required as an overlay onto this
drawing before any further consideration is offered. Any deviation will profoundly effect ours and our neighbors already
narrow and limited Riparian Corridors, which run at a severe angle in front of the Applicants property.

Further, the boat lift, the massive 12x40 floating dock and the 12x12 fixed gazebo structure placement remains the same.
Our suggestion for the gazebo and boat lift to be placed on the opposite side of the pier, more in line with the Applicant's
own house, was completely ignored.
We will not tolerate the congregation of the owners rental tenants, partying, and noise in front of our property, nor the
continual blocking of our riparian access and ability to turn our boat around.
Please see all the previous (and present) reasons for our continued objection to this proposal below.
Jim Spicuzza
910.443.4283
----- Forwarded Message -----
From: Jim Spicuzza <iimspicuzza6Qvahoo.com>
To: gregg.bodnar(a).ncdenr.gov <greag.bodnar0ncdenr.aov>; tanva.pietilaQncdenr.aov <tanva.pietila(&-ncdenr.aov>
Sent: Tuesday, October 22, 2019, 01:39:28 PM EDT
Subject: CAMA proposal objection to 1701 N Lumina Ave.
----- Forwarded Message -----
From: Jim Spicuzza <jimspicuzzaC&yahoo.com>
To: Debra Wilson <debra.wilsonAncdenr.aov>; Courtney Spears <courtnev.spears(&,ncdenr.aov>
Cc: Tony Wilson <twilsonCDtowb.ora>; Timothy Owens <towens(a)towb.org>; Danielle Villegas <dvilleaas(atowb.ora>;
Christine A. Goebel <christine.aoebel(&ncdenr.aov>, Jim Spicuzza <jimspicuzzaayahoo.com>; Chris Spicuzza
<cspicuzza4ec. rr.com>
Sent: Tuesday, October 22, 2019, 01:36:53 PM EDT
Subject: CAMA proposal objection to 1701 N Lumina Ave.
I object to the Applicants proposal.

Please see attached Riparian Property Owner Notification
statement below in which we object to the proposal and do not
agree to waive the 15 foot setback requirement.
The following objections are offered within our response to make it
clear to the Applicant and Agencies why permits should not be
issued for this proposal.
1) The Applicants drawing of proposed improvements is substantially incomplete for Agencies to make a decision. It does
not include surveys of record illustrating the extensions of neighboring Riparian Corridors (beyond the Applicants
proposed improvements) which would egregiously be harmed by the Applicant's proposal.
The Applicants property is located directly within a narrow bulb shaped cul-de-sac Lagoon. Neighbors Riparian Corridors
extend at an angle out into the water and would be effected by this proposal. Any attempt to place permanent pilings
and/or additional structures as proposed on the right side of the Applicant's property, will adversely affect the public
waters and riparian access of several adjacent properties within the narrow Lagoon. (please see photos and surveys
attached)
2) Before CAMA or the Town of Wrightsville Beach should even consider the Applicant's proposal, both should require the
Applicant to provide complete property surveys, as this drawing does not accurately represent the full boundaries of the
properties that are affected. Complete Riparian Corridor surveys should also be required to allow the Agencies to
adequately review the impact that this proposal has on public waters and to the neighboring Riparian Corridor's within the
narrow cul-de-sac Lagoon. Before and After As -Built surveys should also be required to identify where the present
structures are now located and just how far these newly proposed structures will encroach towards the neighbors already
tight Riparian Corridors. The Applicant has previously complained about our use of "his" public waters to dock our boat
against our own bulkhead wall. He has also insisted we have no right to turn our boat around and exit within our riparian
corridor while navigating by his existing floating dock. The Applicant's dock typically has 2 or 3 rental boats tied up and at
times, these vessels extend past the floating dock which completely block our Riparian Corridor access. Adding a larger
12' x 40' floating dock and 12 x 12 roofed gazebo structure in this same area will only make matters worse. The Applicant
has previously threatened to try to make our riparian access worse or eliminate it all together. The Applicant's proposal to
(unnecessarily) add improvements on the right hand (Parmele Blvd.) side, will congest the already tight cul-de-sac and
greatly impair our access and that of our neighbor at 3 Parmele Blvd..
3) The proposal is not the cause of the Applicants hardship. The Applicant has more water -frontage on the opposite (left -
N. Lumina Ave) side of their existing dock in which to add these same improvements, if desired. Any improvements
should be proposed on the N. Lumina Avenue side of the Applicant's property, in front of his own house, as opposed to
interfering with currently navigable waters and obstructing the neighbors already narrow Riparian Corridor access and
turn -around area. The Applicant's proposal further attempts to obstruct the view of the adjoining neighbors properties as
opposed to placing these same structures in front of his own house. The gazebo would become a focal point for the
neighbors, who typically experience and have to put up with the Applicant's renters partying on the dock after hours.
The Applicant previously stated in writing that it was his intent to obstruct and block our view, which this proposal does.
The Applicant's course of conduct can be observed by the holly trees the Applicant purposefully planted to obstruct the
neighbors view beside 1 Parmele Blvd.. The Applicant wrote in a letter dated April 11, 2017 "1 did this so "there will be no
confusion as to what you were buying."
10

At the same time, the Applicant's driveway is encroaching two feet onto our property at 1 Parmele Blvd. and the Applicant
has refused to correct this matter. Ever since we bought the property, its become a constant state of hegemony, in which
the Applicant has attempted to take more and more of our property for his own use. Our rights to quiet enjoyment of our
property are routinely challenged by the Applicant, and further exemplified by this new proposal.
4) The Applicants proposed improvements are within 15 feet of our narrow Riparian Corridor and any addition of a gazebo
structure would effectively render our Riparian Corridor and use of public waters for turning a small boat around,
unusable. This proposal will cause us immeasurable harm and financial damages, if permitted.
5) The Town of Wrightsville Beach recently denied a building permit for our previously permitted CAMA improvement at 1
Parmele, based upon one or more of the neighbors objecting to the permit and not agreeing to sign it. The Town required
us to seek an Exception from the Board of Aldermen for approval. It would be mutually expected that the Town should be
consistent in its permitting process with all Owners, or be liable for the harm and damages that further restricting our
riparian access would cause. Again, the Applicant has ample room in front of his own home parallel to N. Lumina Avenue
to request these same improvements, rather than making the riparian corridor of his neighbors purposefully more difficult
and dangerous to navigate than it already is.
6) The Applicant is attempting to place his proposed improvements not in line with his own house, but to the very side of
his property, in order to prevent us from freely accessing or using our property and being able to keep our boat in the
water that is presently tied up beside our own bulkhead.
7) The Applicant has exceeded the allowable amount of decking and other structures within the 30 foot CAMA buffer and
no further improvements should be allowed or permitted due to non -conformity and/or non-compliance. The Applicant's
Lot was originally an unbuildable Lot, and was cobbled together with another narrow strip of unbuildable land in order to
meet the minimum buildable lot size. The site is closer to the water than is allowed and is NON -conforming.
The Applicant should further be required to provide an As -Built survey of all existing structures and decking already
located within the CAMA buffer, before ever being allowed to add even larger improvements that will vastly exceed the
limit. The Applicant's cobbled together Lots have numerous easements noted in the deed that allows several parties to
share in dock ownership, use the property, pay taxes, utilities, etc.. The property already has 2 existing piers, 1 existing
gazebo, 7+ existing boat slips (inclusive of a non -permitted 13 feet wide double floating jet -dock). No additions or
replacements of docks or gazebos should be allowed on this property.
8) The Applicant's recent catastrophic bulkhead failure after hurricane Florence, which compromised the Applicant's
house, is a perfect example why this non -conforming property should have never been allowed to be built within the
CAMA setback buffer. It was inevitable that something exactly like this would happen to such a large house built upon
such a narrow Lot. With an egregious excess of impervious surfaces and decking there is no where for water to drain and
also no storm water plan on record.
The Applicant's most recent remedy to deal with the damaging volumes of water running off his roof was to install a 4" pvc
pipe (located behind his sub -grade driveway) directly out through his bulkhead, illegally releasing waste water and
contaminates directly into the Lagoon. This should be corrected before any new proposals are contemplated.
9) The Applicant was recently notified in writing on September 5, 2019 about another failing bulkhead whaler on his
property. The Whaler is connected to the neighboring property at 1 Parmele Blvd. The notice emailed to the Applicant
read: "
11

"The photos below are of where our bulkhead wall whalers adjoin, about 10 feet from the existing white
property fence, headed towards your house. 1 noticed this issue yesterday and took these photos to share
with you.
A longer, heavy duty galvanized bracket (most likely) needs to be bolted to both ends to hold the whaler
and the top wall firmly in place, so it can't shift outward any further. I'm concerned that if the repair isn't
made, both our bulkheads will eventually be affected and require a much more costly repair.
I'd prefer you have your contractor look at it, since it's on your property, although 1 would be happy to
share this repair cost with you. Let me know how to help on this end."
No response has been received from the Applicant as to how or if the repair will be addressed to avoid
another potential bulkhead failure. The Applicant should be denied any new improvements to be
considered, when the current application does not even mention the necessary repair to prevent further
damage to his and our adjoining property.
10) A Riparian Corridor survey and photos are attached to illustrate how the Applicant's proposed fixed
improvements will cause harm to our Riparian Corridor access and especially for turning a boat around
for purposes of regress within the public waters.
11) The Applicant's own objections to a recent CAMA permit next door at 1 Parmele (permit #69119D)
and his subsequent filing for an Appeal that was later deemed frivolous should also be considered. The
Applicant believed that a narrow pier being added to our property next door would de -value his own
property and limit his and our adjacent neighbor's (3 Parmele) riparian use and safe boating access.
12) According to the Applicants own drawing, the newly proposed boat lift would egress and regress
across our (extended) riparian corridor. The Applicants existing boat lift is currently located on the
opposite side of the property in front of the applicants house and does not interfere with anyone's riparian
corridor. If the newly proposed boat lift and Gazebo is allowed to be moved to the right side, it will
eliminate our access to public waters and prevent the Owners of 1 Parmele and possibly 3 Parmele from
safely accessing their own Riparian Corridors and being able to turn around without hitting the Applicant's
proposed fixed structures.
13) The Applicant lives 3000 miles away and uses this home as a rental property. The property is listed
with a local real estate rental management firm, Seascape Properties. This is not a primary or secondary
residence for the Applicant who lives in California. The adjacent neighbors on both sides are constantly
impositioned by renters leasing the Applicant's house and boat docks. Placing a gathering feature such
as a Gazebo on the neighbors side of the property is a completely inappropriate request by the Applicant.
It will lead to noise and other complaints in the future from several adjoining neighbors, including
ourselves, who use their homes full time and do not rent their properties out to others. The Applicant's
proposed Gazebo and boat lift (if even permittable) should be placed congruently in front of the
Applicants own house (beside the Applicants other dock & Gazebo located on the same property), closer
to N. Lumina Avenue.
14) The Applicant's existing piers, docks, floating jet docks, boat lift and gazebo are all fully functional and
appear to be in good working condition. Nothing necessitates these proposed changes other than the
12

Applicant's desire to move his structures out of his own visual site line and over towards his neighbor's
property. Aesthetically this would be unpleasing, noise -wise will generate complaints by people
congregating closer to our residence, and functionally would cause harm to our already narrow Riparian
Corridor and our ability to navigate behind or around a proposed large gazebo structure. The Applicants
proposal adds nearly 1000 square feet of decking with an enormous 12' x 40' floating dock & roof covered
gazebo. The proposal is unnecessary and egregious in size and choice of location. I would strongly
encourage a site visit by CAMA to visually see the impact of the Applicant's proposal. If the proposal is
permitted, we will file an Appeal.
In closing, We would have no objection to a proposal that places the gazebo and boat lift
on the opposite side of the current existing pier (closer to N. Lumina Avenue) more in line
with the Applicant's house, And places a proposed floating dock no closer towards the
already narrow Riparian Corridors of 1 & 3 Parmele Blvd.. However, it would be preferred
that the floating dock was moved a few feet towards N. Lumina Avenue to allow
neighbors at 1 & 3 Parmele safer access, especially when the Applicant's tenant's boats
and tube rafts are tied up at the Applicant's dock that often extend into our Riparian
Corridors and block our access.
Jim Spicuzza
910.443.4283
imspicuzza(d,)yahoo. com
13

3'4- 061
Bodnar, Gregg
From:
Jim Spicuzza <[e-mail]>
Sent:
Sunday, November 24, 2019 1:37 PM
To:
Pietila, Tanya K; Bodnar, Gregg; Goebel, Christine A; McGuire, Tyler D
Cc:
Tony Wilson; [e-mail]; Amico, Patrick J; Brownlow, Roy; Renaldi, Ronald;
Danielle Villegas; [e-mail]; [e-mail]; Jim Spicuzza
Subject:
[External] Response to Applicant's remarks for 1701 N. Lumina proposal
Attachments:
1701 N Lumina impact to neighbors11242019_0001.pdf, 1 Parmele narrow riparian
corridorjpg; Parmele drone photo backjpg; 1 Parmele drone photo of tight Riparian
access between docksjpg
All,
z have included the Applicant's own "photo shopped" (his words)- drawing
for the record, which now also includes a boat docked at the Brook's
property at 3 Parmele and the approximate location of 1 Parmele's Riparian
corridor.
This is to demonstrate how the Applicant's proposed boat lift will affect
ALL three properties and congest the open waters currently used for
navigational purposes of 1 and 3 Parmele within the narrow cul-de-sac
lagoon. in fact, the Appplicant's own drawing demonstrates how he will have
to enter across 1 ParmeleIS Riparian corridor to place a boat onto his
proposed boat lift. It also demonstrates our concern that a boat will
stick out well beyond the confines of the boat lift cradle. The overhead
photo further shows that the Applicant presently enjoys deep water where
his existing boat lift is currently located and that there's no need to
crowd the waters closer toward his neighbors, who have far more limited
riparian accesses because of the cul-de-sac nature of the location.
The Applicant's chosen placement for his proposed improvements will
constrain the free use of our Riparian corridor at 1 Parmele, in which we
use to dock our own boat against our bulkhead. (photo attached) The
proposed improvements would severely limit our ability to navigate between
docks and especially to turn our boat around for egress.
The Applicant's boat lift could just as easily remain on the N. Lumina
Avenue side of the property, as could his proposed gazebo that does
not require deep water for access.
There would be no hardship caused if this were required of the Applicant
nor any objection from us. This would further prevent permanent piling
structures from being placed in an area that will knowingly cause loss of
use for ingress and regress at our property: And the strong possibility
for property damage and liability from hitting another vessel or piling,
while having to narrowly navigate between neighboring docks, boats and
a (proposed) even closer boat lift.
There is simply no need for this to happen. The Applicant is not entitled
to make improvements that will endanger and significantly impact another
property owners rightful use and harm their property value.
As mentioned before, we dock our own boat against the bulkhead at 1
Parmele. we use the open waters for safe ingress and turn around. when the
t

Brooke's boat at 3 Parmele is docked at their own floating dock, there
currently is room enough for everyone to use and enjoy the waters safely,
albeit it is tighter than is desirable. The Applicant's proposal to
congest this area by placing a boat lift even closer, would cause
undeniable harm to us and our neighbors ability to safely access our
Riparian Corridors and docks, especially at the same time!
The Applicant's remarks regarding my truthfulness, leads me to believe he
is either unaware of LAMA Permit 69119D and the certificate of Exemption
of record dated 6/1/17 for 1 Parmele Blvd.. or, is attempting to modify
his docklin such a way to possibly prevent re -permitting from being
functional in the future. should we elect to pursue these previously CAMA
permitted improvements within the courts, the Applicant's proposal would
cause specific harm and financial loss in value to our propert by
severely limiting our options, and should not be allowed for this and all
the other reasons provided.
Lastly, we disagree with the Applicant's response that somehow the "other
pier, dock and gazebo" also located on the A licant's property, should
not be included in the calculation of allowable decking. These
improvements are IN -FACT on the Applicant's own property. Having an
easement within the Applicant's Deed does not dismiss the fact that the
property Is NOT properly subdivided nor is even sub -dividable, due to its
size limitation. our position stands in this matter, that the wrong
property owner was notified for proper permission and that the Applicant
is not even entitled to increase the amount of decking, due to the total
mass of existing structures already built on this property.
In an effort to show we are willing to work with the Applicant, We
previously offered several suggestions that we would not oppose. However,
the Applicant is intent on pursuing the proposed changes to the detriment
of his neighbors. I would ask CAMA and the TOWS officials to strongly
consider why the Applicant is doing this, and how it will adversely affect
us all. There is no hardship upon the Applicant that makes this proposal
necessary. It is not our intent to keep the Applicant from improving his
own property so long as it does not adversely impact our water access or
rights. our concerns are valid and we are prepared to Appeal and/or
litigate to properly protect our interests. of course, we welcome
addressing any questions or concerns to prevent this from ever becoming
necessary.
Kind Regards,
Jim & Chris spicuzza
910.443.4283

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From:
Jim Spicuzza <[e-mail]>
Sent:
Monday, October 28, 2019 6:02 PM
To:
Pietila, Tanya K; Bodnar, Gregg
Cc:
Tony Wilson; Timothy Owens; Amico, Patrick J; Brownlow, Roy; Renaldi, Ronald; Danielle
Villegas; Goebel, Christine A; Chris Spicuzza
Subject:
[External] CAMA proposal objection to 1701 N Lumina Ave.
Attachments:
Objection to 1701 N Lumina Proposal.pdf; Surveys & Photo overlay of proposed
dock & gazebo.pdf; 1 Parmele riparian corridor.JPG; Tight riparian corridor 1
Parmele.JPG; 1 Parmele narrow riparian corridorjpg; Parmele drone photo backjpg;
Very tight Riparian access between neighbors docksjpg; 1 Parmele drone photo of
tight Riparian access between docksjpg; Objection to revised plan10282019_0000.pdf
i received another certified letter in the mail from my neighbor at 1701
N. Lumina Avenue, Wrightsville Beach, which I picked up and signed for
today, October 28th, 2019. r object to this "revised proposal" and have
attached the signed notice below for the record.
The revised plan does not demonstrate any significant changes that would
alleviate mine and my neighbors concerns that have already been shared
below. while the left hand side of the drawing contradicts the original
drawing, the right hand placement of the boat lift pilings, massive
floating dock and gazebo has remained virtually the same.
There are no actual surveys of either property to verify exactly where
existing improvements are now located, and how the new improvements will
encroach towards the neighbors properties. The previous drawing showed the
left side as a "riparian corridor", but now the revised drawing shows it
as an "easement" in a different location. How can anyone rely on this
sketch for an accurate representation? Surveys of proposed improvements
and As -built surveys are absolutely necessary. A recorded survey of the
neighboring Riparian corridors should also be required as an overlay onto
this drawing before any further consideration is offered. Any deviation
will profoundly effect ours and our neighbors already narrow and limited
Riparian corridors, which run at a severe angle in front of the Applicants
property.
Further, the boat lift, the massive 12x40 floating dock and the 12x12
fixed gazebo structure placement remains the same. our suggestion for the
gazebo and boat lift to be placed on the opposite side of the pier, more
in line with the Applicant's own house, was completely ignored.
we will not tolerate the congregation of the.owners rental tenants,
partying, and noise in front of our property, nor the continual blocking
of our riparian access and ability to turn our boat around.
Please see all the previous (and present) reasons for our continued
objection to this proposal be low.
]im Spicuzza
910.443.4283

----- Forwarded Message -----
From: Jim Spicuzza <[e-mail]>
To: [e-mail] <[e-mail]>; [e-mail] <[e-mail]>
Sent: Tuesday, October 22, 2019, 01:39:28 PM EDT
Subject: CAMA proposal objection to 1701 N Lumina Ave.
----- Forwarded Message -----
From: Jim Spicuzza <[e-mail]>
To: Debra Wilson <[e-mail]>; Courtney Spears <[e-mail]>
Cc: Tony Wilson <[e-mail]>; Timothy Owens <[e-mail]>; Danielle Villegas <[e-mail]>;
Christine A. Goebel <[e-mail]>; Jim Spicuzza <jim'[e-mail]>; Chris Spicuzza
<cspicuzza@ec. rr.com>
Sent: Tuesday, October 22, 2019, 01:36:53 PM EDT
Subject: CAMA proposal objection to 1701 N Lumina Ave.
I object to the Applicants proposal.
Please see attached Riparian Property Owner Notification
statement below in which we object to the proposal and do not
agree to waive the 15 foot setback requirement.
The following objections are offered within our response to make it
clear to the Applicant and Agencies why permits should not be
ssued for this proposal.
1) The Applicants drawing of proposed improvements is substantially
incomplete for Agencies to make a decision. It does not include surveys of
record illustrating the extensions of neighboring Riparian corridors
(beyond the Applicants proposed improvements) which would egregiously be
harmed by the Applicant's proposal.
The Applicants property is located directly within a narrow bulb shaped
cul-de-sac Lagoon. Neighbors Riparian corridors extend at an angle out
into the water and would be effected by this proposal. Any attempt to
place permanent pilings and/or additional structures as proposed on the
right side of the Applicant's property, will adversely affect the public
waters and riparian access of several adjacent properties within the
narrow Lagoon. (please see photos and surveys attached)
2) Before CAMA or the Town of Wrightsville Beach should even consider the
Applicant's proposal, both should require the Applicant to provide
complete property surveys, as this drawing does not accurately represent
the full boundaries of the properties that are affected. Complete Riparian
corridor surveys should also be required to allow the Agencies to
adequately review the impact that this proposal has on public waters and
to the neighboring Riparian Corridor's within the narrow cul-de-sac
Lagoon. Before and After As -Built surveys should also be required to
identify where the present structures are now located and just how far
these newly proposed structures will encroach towards the neighbors
already tight Riparian corridors. The Applicant has previously complained
about our use of "his" public waters to dock our boat against our own
bulkhead wall. He has also insisted we have no right to turn our boat
around and exit within our riparian corridor while navigating by his
existing floating dock. The A plicant's dock typically has 2 or 3 rental
boats tied up and at times, these vessels extend past the floating dock

which completely block our Riparian corridor access. Adding a larger 12' x
40' floating dock and 12 x 12 roofed gazebo structure in this same area
will only make matters worse. The Applicant has previously threatened to
try to make our riparian access worse or eliminate it all together. The
Applicant's proposal to (unnecessarily) add improvements on the right hand
(Parmele Blvd.) side, will congest the already tight cul-de-sac and
greatly impair our access and that of our neighbor at 3 Parmele Blvd..
3) The proposal is not the cause of the Applicants hardship. The Applicant
has more water -frontage on the opposite (left - N. Lumina Ave) side of
their existing dock in which to add these same improvements, if desired.
Any improvements should be proposed on the N. Lumina Avenue side of the
Applicant's property, in front of his own house, as opposed to interfering
with currently navigable waters and obstructing the neighbors already
narrow Riparian corridor access and turn -around area. The Applicant's
proposal further attempts to obstruct the view of the adjoining neighbors
properties as opposed to placing these same structures in front of his own
house. The gazebo would become a focal point for the neighbors, who
typically experience and have to put up with the Applicant's renters
partying on the dock after hours.
The Applicant previously stated in writing that it was his intent to
obstruct and block our view, which this proposal does. The Applicant's
course of conduct can be observed by the holly trees the Applicant
purposefully planted to obstruct the neighbors view beside 1 Parmele
Blvd.. The Applicant wrote in a letter dated April 11, 2017 "I did this so
"there will be no confusion as to what you were buying."
At the same time, the Applicant's driveway is encroaching two feet onto
our property at 1 Parmele Blvd. and the Applicant has refused to correct
this matter. Ever since we bought the property, its become a constant
state of hegemony, in which the Applicant has attempted to take more and
more of our property for his own use. our rights to quiet enjoyment of our
property are routinely challenged by the Applicant, and further
exemplified by this new proposal.
4) The Applicants proposed improvements are within 15 feet of our narrow
Riparian corridor and any addition of a gazebo structure would effectively
render our Riparian corridor and use of public waters for turning a small
boat around, unusable. This proposal will cause us immeasurable harm and
financial damages, if permitted.
5) The Town of Wrightsville Beach recently denied a building permit for
our previously permitted LAMA improvement at 1 Parmele, based upon one or
more of the neighbors objecting to the permit and not agreeing to sign it.
The Town required us to seek an Exception from the Board of Aldermen for
approval. It would be mutually expected that the Town should be consistent
in it's permitting process with all owners, or be liable for the harm and
damages that further restricting our riparian access would cause. Again,
the Applicant has ample room in front of his own home parallel to N.
Lumina Avenue to request these same improvements, rather than making the
riparian corridor of his neighbors purposefully more difficult and
dangerous to navigate than it already is.
6) The Applicant is attempting to place his proposed improvements not in
line with his own house, but to the very side of his property, in order to
prevent us from freely accessing or using our property and being able to
pee our boat in the water that is presently tied up beside our own
bulkhead.
3

7) The Applicant has exceeded the allowable amount of decking and other r
structures within the 30 foot CAMA buffer and no further improvements
should be allowed or permitted due to non -conformity and/or non-
compliance. The Applicant's Lot was originally an unbuildable Lot, and was
cobbled together with another narrow strip of unbuildable land in order to
meet the minimum buildable lot size. The site is closer to the water than
is allowed and is NON -conforming.
The Applicant should further be required to provide an As -Built survey of
all existing structures and decking already located within the CAMA
buffer, before ever being allowed to add even larger improvements that
will vastly exceed the limit. The Applicant's cobbled together Lots have
numerous easements noted in the deed that allows several parties to share
in dock ownership, use the property, pay taxes, utilities, etc.. The
property already has 2 existing piers, 1 existing gazebo, 7+ existing boat
slips (inclusive of a non -permitted 13 feet wide double floating jet -
dock). No additions or replacements of docks or gazebos should be allowed
on this property.
8) The Applicant's recent catastrophic bulkhead failure after hurricane
Florence, which compromised the Applicant's house, is a perfect example
why this non -conforming property should have never been allowed to be
built within the CAMA setback buffer. It was inevitable that something
exactly like this would happen to such a large house built upon such a
narrow Lot. with an egregious excess of impervious surfaces and decking
there is no where for water to drain and also no storm water plan on
record.
The Applicant's most recent remedy to deal with the damaging volumes of
water running off his roof was to install a 4" pvc pipe (located behind
his sub -grade driveway) directly out through his bulkhead, illegally
releasing waste water and contaminates directly into the Lagoon. This
should be corrected before any new proposals are contemplated.
9) The Applicant was recently notified in writing on September 5, 2019
about another failing bulkhead whaler on his property. The whaler is
connected to the neighboring property at 1 Parmele Blvd. The notice
emailed to the Applicant read: "
"The photos be7ow are of where our bulkhead wa77 whalers adjoin, about 10
feet from the existing white property fence, headed towards your house. I
noticed this issue yesterday and took these photos to share with you.
A longer, heavy duty galvanized bracket (most likely) needs to be bolted
to both ends to hold the whaler and the top wa77 firmly in place, so it
can't shift outward any further. I'm concerned that if the repair isn't
made, both our bulkheads will eventua77y be affected and require a much
more costly repair.
I'd prefer you have your contractor look at it, since it's on your
property, although I would be happy to share this repair cost with you.
Let me know how to help on this end."
No response has been received from the Applicant as to how or if the
repair will be addressed to avoid another potential bulkhead failure. The
Applicant should be denied any new improvements to be considered, when the
current application does not even mention the necessary repair to prevent
further damage to his and our adjoining property.
10) A Riparian corridor survey and photos are attached to illustrate how
the Applicant's proposed fixed improvements will cause harm to our
Riparian Corridor access and especially for turning a boat around for
purposes of regress within the public waters.
4

11) The Applicant's own objections to a recent CAMA permit next door at 1
Parmele (permit #69119D) and his subsequent filing for an Appeal that was
later deemed frivolous should also be considered. The Applicant believed
that a narrow pier being added to our property next door would de -value
his own property and limit his and our adjacent neighbor's (3 Parmele)
riparian use and safe boating,access.
12) According to the Applicants own drawing, the newly proposed boat lift
would egress and regress across our (extended) riparian corridor. The
Applicants existing boat lift is currently located on the opposite side of
the property in front of the applicants house and does not interfere with
anyone's riparian corridor. If the newly proposed boat lift and Gazebo is
allowed to be moved to the right side, it will eliminate our access to
public waters and prevent the Owners of 1 Parmele and possibly 3 Parmele
from safely accessing their own Riparian Corridors and being able to turn
around without hitting the Applicant's proposed fixed structures.
13) The Applicant lives 3000 miles away and uses this home as a rental
property. The property is listed with a local real estate rental
management firm, Seascape Properties. This is not a primary or secondary
residence for the Applicant who lives in California. The adjacent
neighbors on both sides are constantly impositioned by renters leasing the
Applicant's house and boat docks. Placing a gathering feature such as a
Gazebo on the neighbors side of the property is a completely inappropriate
request by the Applicant. It will lead to noise and other complaints in
the future from several adjoining neighbors, including ourselves, who use
their homes full time and do not rent their properties out to others. The
Applicant's proposed Gazebo and boat lift (if even permittable) should be
placed congruently in front of the Applicants own house (beside the
Applicants other dock & Gazebo located on the same property), closer to N.
Lumina Avenue'.
14) The Applicant's existing piers, docks, floating jet docks, boat lift
and gazebo are all fully functional and appear to be in good working
condition. Nothing necessitates these proposed changes other than the
Applicant's desire to move his structures out of his own visual site line
and over towards his neighbor's property. Aesthetically this would be
unpleasing, noise -wise will generate complaints by people congregating
closer to our residence, and functionally would cause harm to our already
narrow Riparian corridor and our ability to navigate behind or around a
proposed large gazebo structure. The Applicants proposal adds nearly 1000
square feet of decking with an enormous 12' x 40' floating dock & roof
covered gazebo. The proposal is unnecessary and egregious in size and
choice of location. I would strongly encourage a site visit by. CAMA to
visually see the impact of the Applicant's proposal. If the proposal is
permitted, we will file an Appeal.
in closing, we would have no objection to a proposal that places the
gazebo and boat lift on the opposite side of the current existing pier
(closer to N. Lumina Avenue) more in line with the Applicant's house, And
places a proposed floating dock no closer towards the already narrow
Riparian Corridors of 1 & 3 Parmele Blvd.. However, it would be preferred
that the floating dock was moved a few feet towards N. Lumina Avenue to
allow neighbors at 1 & 3 Parmele safer access, especially when the
Applicant s tenant's boats and tube rafts are tied up at the Applicant's
dock that often extend into our Riparian Corridors and block our access.
Tim Spicuzza
910.443.4283
[e-mail]
5

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address of Property: /% %/ ✓�/ // GL! r t r s i G %�G� � lr'{l%I��IIL�'��(, 1 /U� ���y /��
(Lot or Street #, Street or Road, City & Coun�
Agent's Name #: ?/J/ ✓I Mailing Address:
1/ • 5c /��{`i//l
Agent's phone #: D6 —
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 o jections to this proposal.
If you have objections to what is being proposed, you must notifythe Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http://www.nccoastaimanagement.neflweblcm/staff-listing or by calling 1-888-4RCOAST.
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, boat ramp, breakwater, boathouse, or lift 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.
o not ish to waive the 15' setback requirement.
(Property Owner Info ation)
Signature
Brian Smrz
Print or Type Name
725 Larchmont St.
Mailing Address
Simi Valley Ca. 93065
City/StatelLip
805-526-5500 [e-mail]
Telephone Number Email Address
10/10/19
Date
(Riparian Property Owner Information)
� - �piG j3
Signature
Print or Type N me
2C2r
Mailing Address
W I I i-n t r)q:b N N C z gS b
City/state2ip IT�
gip 143.4m 3
Telephone Numberl Email Address Cp P-1
Date
(Revised Aug. 2014)

2 O. Box 11291
Wilmington, NC 28404
m ..pippinmarine cam
Date l clhs J( iii
FI9--n-N
l �
TO L�2 q
IVVI i;akn cis
OtBce/Fax:[phone]
Mobile: [phone]
trip@pippinmarinecom
Your neighbor is applying for a CAMA permit to do the work that is described on the enclosed Adjacent
Riparian Property Owner Statement form. A drawing is also included. Please check the appropriate
blanks and complete and sign the lower right hand section of the notification form. Then, return to me
by e-mail at [e-mail], or by mail to Pippin Marine Construction, P.O. Box 11291,
Wilmington, NC28404.
Contact me if you have any questions.
Thank you,
Trip Pippin
Pippin Marine Construction

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Bodnar, Gregg
From: Goebel, Christine A
Sent: Tuesday, October 22, 2019 3:15 PM
To: Jim Spicuzza
Cc: Tony Wilson; Timothy Owens; Danielle Villegas; Chris Spicuzza; Amico, Patrick 1;
Brownlow, Roy; Renaldi, Ronald; Bodnar, Gregg
Subject: RE: [External] CAMA proposal objection to 1701 N Lumina Ave.
Mr. Spicuzza-
Ms. Wilson recently retired and Ms. Spears recently took a job with the federal government, and so by copy of this
email, I'm sharing your objections with several DCM staff people who will either temporarily or permanently be involved
in reviewing this proposed development. This will ensure that your objections will make it into the permit application
file, so that you will be notified when a permit decision is made.
Thanks -
Christy
Christine A. Goebel
AssistantGeneral Counsel, General t
NortCarolina Department of Environmental Quality
� 919.707.8554 (Office)
FQ
christine.goebel&cdcnr.gov
From: Jim Spicuzza [mailto:[e-mail]]
Sent: Tuesday, October 22, 2019 1:35 PM
To: Wilson, Debra <[e-mail]>; Spears, Courtney <[e-mail]>
Cc: Tony Wilson <[e-mail]>; Timothy Owens <[e-mail]>; Danielle Villegas <[e-mail]>;
Goebel, Christine A <[e-mail]>; Jim Spicuzza <[e-mail]>; Chris Spicuzza
<csp icu zza @ec. rr.co m>
Subject: [External] CAMA proposal objection to 1701 N Lumina Ave. �nQq S�+rZ
I object to the Applicants proposal.
Please see attached Riparian Property Owner Notification
statement below in which we object to the proposal and do not
agree to waive the 15 foot setback requirement.

The following objections are offered within our response to make it
clear to the Applicant and Agencies why permits should not be
issued for this proposal.
1) The Applicants drawing of pproposed improvements is substantially
incomplete for Agencies to make a decision. it does not include surveys of
record illustrating the extensions of neighboring Riparian Corridors
(beyond the Applicants proposed improvements) which would egregiously be
harmed by the Applicant's proposal.
The Applicants property is located directly within a narrow bulb shaped
cul-de-sac Lagoon. Neighbors Riparian corridors extend at an angle out
into the water and would be effected by this proposal. Any attempt to
place permanent pilings and/or additional structures as proposed on the
right side of the Applicant's property, will adversely affect the public
waters and riparian access of several adjacent properties within the
narrow Lagoon. (please see photos and surveys attached)
2) Before CAMA or the Town of Wrightsville Beach should even consider the
Applicant's proposal, both should require the Applicant to provide
complete property surveys, as this drawing does not accurately represent
the full boundaries of the properties that are affected. Complete Riparian
Corridor surveys should also be required to allow the Agencies to
adequately review the impact that this proposal has on public waters and
to the neighboring Riparian corridor's within the narrow cul-de-sac
Lagoon. Before and After As -Built surveys should also be required to
identify where the present structures are now located and just how far
these newly proposed structures will encroach towards the neighbors
already tight Riparian corridors. The Applicant has previously complained
about our use of "his" public waters to dock our boat against our own
bulkhead wall. He has also insisted we have no right to turn our boat
around and exit within our riparian corridor while navigating by his
existing floating dock. The A plicant's dock typically has 2 or 3 rental
boats tied up and at times, these vessels extend past the floating dock
which completely block our Riparian corridor access. Adding a larger 12' x
40' floating dock and 12 x 12 roofed gazebo structure in this same area
will only make matters worse. The Applicant has previously threatened to
try to make our riparian access worse or eliminate it all together. The
Applicant's proposal to (unnecessarily) add improvements on the right hand
(Parmele Blvd.) side, will congest the already tight cul-de-sac and
greatly impair our access and that of our neighbor at 3 Parmele Blvd..
3) The proposal is not the cause of the A plicants hardship. The Applicant
has more water -frontage on the opposite (left -N. Lumina Ave) side of
their existing dock in which to add these same improvements, if desired.
Any improvements should be proposed on the N. Lumina Avenue side of the
Applicant's property, in front of his own house, as opposed to interfering
with currently navigable waters and obstructing the neighbors already
narrow Riparian corridor access and turn -around area. The Applicant's
proposal further attempts to obstruct the view of the adjoining neighbors
properties as opposed to placing these same structures in front of his own
house. The gazebo would become a focal point for the neighbors, who
typically experience andhave to put up with the Applicant's renters
partying on the dock after hours.
The Applicant previously stated in writing that it was his intent to
obstruct and block our view, which this proposal does. The Applicant's

course of conduct can be observed by the holly trees the Applicant
purposefully planted to obstruct the neighbors view beside 1 Parmele
Blvd.. The Applicant wrote in a letter dated April 11, 2017 "1 did this so
"there will be no confusion as to what you were buying."
At the same time, the Applicant's driveway is encroaching two feet onto
our property at 1 Parmele Blvd. and the Applicant has refused to correct
this matter. Ever since we bought the property, its become a constant
state of hegemony, in which the Applicant has attempted to take more and
more of our property for his own use. our rights to quiet enjoyment of our
property are routinely challenged by the Applicant, and further
exemplified by this new proposal.
4) The Applicants proposed improvements are within 15 feet of our narrow
Riparian Corridor and any addition of a gazebo structure would effectively
render our Riparian Corridor and use of public waters for turning a small
boat around, unusable. This proposal will cause us immeasurable harm and
financial damages, if permitted.
5) The Town of Wrightsville Beach recently denied a building permit for
our previously permitted CAMA improvement at 1 Parmele, based upon one or
more of the neighbors objecting to the permit and not agreeing to sign it.
The Town required us to seek an Exception from the Board of Aldermen for
approval. It would be mutually expected that the Town should be consistent
in it's permitting process with all owners, or be liable for the harm and
damages that further restricting our riparian access would cause. Again,
the Applicant has ample room in front of his own home parallel to N.
Lumina Avenue to request these same improvements, rather than making the
riparian corridor of his neighbors purposefully more difficult and
dangerous to navigate than it already is.
6) The Applicant is attempting to place his proposed improvements not in
line with his own house, but to the very side of his property, in order to
pprevent us from freely accessing or using our property and being able to
keep our boat in the water that is presently tied up beside our own
bulkhead.
7) The Applicant has exceeded the allowable amount of decking and other
structures within the 30 foot CAMA buffer and no further improvements
should be allowed or permitted due to non -conformity and/or non-
compliance. The Applicant's Lot was originally an unbuildable Lot, and was
cobbled together with another narrow strip of unbuildable land in order to
meet the minimum buildable lot size. The site is closer to the water than
is allowed and is NON -conforming.
The Applicant should further be required to provide an As -Built survey of
all existing structures and decking already located within the CAMA
buffer, before ever being allowed to add even larger improvements that
will vastly exceed the limit. The Applicant's cobbled together Lots have
numerous easements noted in the deed that allows several parties to share
in dock ownership, use the property, pay taxes, utilities, etc.. The
property already has 2 existing piers, 1 existing gazebo, .7+ existing boat
slips (inclusive of a non -permitted 13 feet wide double floating jet -
dock). No additions or replacements of docks or gazebos should be allowed
on this property.
8) The Applicant's recent catastrophic bulkhead failure after hurricane
Florence, which compromised the Applicant's house, is a perfect example
why this non -conforming property should have never been allowed to be
built within the CAMA setback buffer. It was inevitable that something
exactly like this would happen to such a large house built upon such a
3

narrow Lot. with an egregious excess of impervious surfaces and decking
there is no where for water to drain and also no storm water plan on
record.
The Applicant's most recent remedy to deal with the damaging volumes of
water running off his roof was to install a 4" pvc pipe (located behind
his sub -grade driveway) directly out through his bulkhead, illegally
releasing waste water and contaminates directly into the Lagoon. This
should be corrected before any,new proposals are contemplated.
9) The Applicant was recently notified in writing on September 5, 2019
about another failing bulkhead whaler on his propperty. The whaler is
connected to the neighboring property at 1 Parmele Blvd. The notice
emailed to the Applicant read: "
"The photos below are of where our bulkhead wa77 whalers adjoin,
about 10 feet from the existing white property fence, headed
towards your house. I noticed this issue yesterday and took
these photos to share with you.
A longer, heavy duty alvanized bracket (most likely) needs to
be bolted to both ends to hold the whaler and the top wa77
firmly in place, so it can't shift outward any further. I'm
concerned that if the repair isn't made, both our bulkheads wi77
eventually be affected and require a much more costly repair.
I'd prefer you have your contractor look at it, since it's on
your property, although I would be happy to share this repair
cost with you. [et me know how to help on this end."
No response has been received from the Applicant as to how or if
the repair will be addressed to avoid another potential bulkhead
failure. The Applicant should be denied any new improvements to
be considered, when the current application does not even
mention the necessary repair to prevent further damage to his
and our adjoining property.
10) A Riparian corridor survey and photos are attached to
illustrate how the Applicant's proposed fixed improvements will
cause harm to our Riparian Corridor access and especially for
turning a boat around for purposes of regress within the public
waters.
11) The Applicant's own objections to a recent CAMA permit next
door at 1 Parmele (permit #691190) and his subsequent filing for
an Appeal that was later deemed frivolous should also be
considered. The Applicant believed that a narrow pier being
added to our property next door would de -value his own property
and limit his and our adjacent neighbor's (3 Parmele) riparian
use and safe boating access.
12) According to the Applicants own drawing, the newly proposed
boat lift would egress and regress across our (extended)
riparian corridor. The Applicants existing boat lift is
currently located on the opposite side of the property in front
of the applicants house and does not interfere with anyone's
riparian corridor. If the newly proposed boat lift and Gazebo is
allowed to be moved to the right side, it will eliminate our
access to public waters and prevent the Owners of 1 Parmele and
possibly 3 Parmele from safely accessing their own Riparian
corridors and being able to turn around without hitting the
Applicant's proposed fixed structures.
4

13) The Applicant lives 3000 miles away and uses this home as a
rental property. The property is listed with a local real estate
rental management firm, Seascape Properties. This is not a
primary or secondary residence for the Applicant who lives in
California. The adjacent neighbors on both sides are constantly
impositioned by renters leasing the Applicant's house and boat
docks. Placing a gathering feature such as a Gazebo on the
neighbors side of the property is a completely inappropriate
request by the Applicant. it will lead to noise and other
complaints in the future from several adjoining neighbors,
including ourselves, who use their homes full time and do not
rent their properties out to others. The Applicant's proposed
Gazebo and boat lift (if even permittable) should be placed
congruently in front of the Applicants own house (beside the
Applicants other dock & Gazebo located on the same property),
closer to N. Lumina Avenue.
14) The Applicant's existing piers, docks, floating jet docks,
boat lift and gazebo are all fully functional and appear to be
in good working condition. Nothing necessitates these proposed
changes other than the Applicant's desire to move his structures
out of his own visual site line and over towards his neighbor's
property. Aesthetically this would be unpleasing, noise -wise
will generate complaints by people congregating closer to our
residence, and functionally would cause harm to our already
narrow Riparian corridor. and our ability to navigate behind or
around a proposed large gazebo structure. The Applicants
proposal adds nearly 1000 square feet of decking with an
enormous 12' x 40' floating dock & roof covered gazebo. The
proposal is unnecessary and egregious in size and choice of
location. I would strongly encourage a site visit by CAMA to
visually see the impact of the Applicant's proposal. If the
proposal is permitted, we will file an Appeal.
In closing, we would have no objection to a proposal
that places the gazebo and boat lift on the opposite
side of the current existing pier (closer to N. Lumina
Avenue) more in line with the Applicant's house, And
places a proposed floating dock no closer towards the
already narrow Riparian corridors of 1 & 3 Parmele
Blvd.. However, it would be preferred that the
floating dock was moved a few feet towards N. Lumina
Avenue to allow neighbors at 1 & 3 Parmele safer
access, especially when the Applicant's tenant's boats
and tube rafts are tied up at the Applicant's dock
that often extend into our Riparian Corridors and
block our access.
Jim Spicuzza
910.443.4283
[e-mail]

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address.of Property-
's;
(Lot or Street #, Street or Road,
Agent's Name*
Mailing Address:
A0,
4k
/121,!2
Agentis phone•#s %/!� — /— �/� 3 i�
_G(%/ /�LV i i fD
n X
e o2eW
" �
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.descriotion.ordrawing, with dimensions, mustbe.provided.with this letter.
I havemo, objections;to this proposal. I have o iections 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. Contact information for DCM offices is
available at htta://www.nccoastaimanagement.net/web/cm/staff-listing or by calling 1-888=4RCOAST.
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, boat ramp, breakwater, boathouse, or lift 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.
o not ish to waive the 15' setback requirement.
(Property Owner lnfo ation)
Signature
Brian Smrz
Print or Type Name
725 Larchmont St.
Mailing Address
Simi Valley Ca, 93065
City/State/Zip
865-528-5500 [e-mail]
Telephone Number/Email Address
(Riparian Property Owner Information)
/, tw �PtfiuP-�1�
Signnature
-Jitum .S�tGUZ.-7"
Print orType N me
2-0z© <iA1-oskPAJ 1 thce-�
Mailing �rf Address
JmtI�JQ nN NC s s
CityLstate2ip
Telephone Number/Email.Address Ged't
10/10/19 Ic f -1 h Cq
Date Data I
(Revised Aug. 2014)

\
Whin�o,, MC1l•
wwW-PIPpInmarin�m (tt
Date U p!)
Office/FyX 910-270-1290:
Mobile:[phone]
'[e-mail]
Your neighbor is applying for a,CAMA•permit to do the work,that is described on She enclosed Adjacent
blanks andpcomplete and sign the lower right rowing is also included. Please check the appropriate
Riparian Property
a Owner Statement form. A d
g hand section of the no form. Then, return tome
[e-mail] or by mail to Pippin'Marine'Construction,P,O. Box11291,
Wilmington, NC,284.04.
Contact me if you have any questions.
Thank you,
Trip Pippin
Pippin MarineZonstruction ._
Docks • Residential &Commercial MadneCotistruction Since 1084

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