HomeMy WebLinkAboutE_18-11_ Brooks (2)NEW HANOVER COUNTY
DEPARTMENT OF PLANNING $ LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planni ngdevelopment.nhcgov.com
April 6, 2018
Philip W. Brooks
4407 Rondo Place
Wilmington, NC 28412
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Wayne Clark, AICP
Director
Ken Vafier, AICP
Planning Manager
Exemption Number— E18-11
RE: EXEMPTED PROJECT — MAINTENANCE AND REPAIR WITHIN THE ORW ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN (15A NCAC 07K .0103)
PROJECT LOCATION/ADDRESS —1521 Marsh Cove Ln.
Dear Mr. Brooks:
I have reviewed the information submitted to this office in your inquiry concerning the necessary
filing of an application for a minor development permit under the Coastal Area Management Act.
After making a site inspection on April 4, 2018,1 have determined that the activity you propose is
exempt from needing a minor development permit as long as it remains consistent with your site
drawing submitted on April 4, 2018, and it also meets the conditions specified below. If your plans
presented should change and your project will no longer meet these conditions, regarding
placement of gravel onto existing 10' wide roadway; previously graveled, please contact me
before proceeding.
MAINTENANCE AND REPAIR WITHIN THE ESTUARINE SHORELINE AREA OF ENVIRONMENTAL
CONCERN EXEMPTED
1. The activity must not significantly increase erosion on neighboring properties and must not
have a significant adverse effect on important natural or cultural resources.
3. The activity must be conducted on and not to exceed previously gravel roadway.
4. The activity must not extend onto C.O.D. areas.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining
any other State, Federal or Local authorization. This activity must be completed by April 27, 2018.
Sincerely,
RECEIVED
APR 0 6Z018
DCM WILMINGTON, NC
I _ 1
IPZ
Darrell E. Galloway, LPO
New Hanover County
230 Government Center, Suite 110
Wilmington, NC 28403
Cc: NC Division of Coastal Management
'�CEIVEp
6 2018
GTON, NC
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LAND OWNER
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Address_
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l' AUTHORIZED AGEN7
Address
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state Zip Phone
LOCATION OF PROJECT: (Address, street name and/or directions to site. Iftio-, oceanfront, what is the name of the
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DESCRIPTION OF PROJECT. (List all proposed con ruction and land disturbance.)
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SIZE OPLOTIPARCEL:square feet acres
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PROPOSED USE: Residential � ( mgle-familyo Multi -family[]) Commercial/industrial[-] Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Offwer ifyou are not sore which AEC applies
ioyour pWeny):
(1) OCEAN HAZARD ARCs: TOITAI, FLOOR AREA OF PROPOSED STRUCTURE: _ square fee. (includes
air conditioned living space, parking elevated above ground level, non -conditioned "cc elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs-. SIZE OF B'Jlt,DNG FOOTPRNTAND OTHER IMPERVIOUS OR BU117
UPON SURFACES: . square feet (includes he area of tine too[/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc, that we within, the applicable,AEC. Attach your calculataons with'the project drawing,)
.4prrK
STATE SToRMWATER MANAGEMENT PERMI F, Is the project located in an am subject W,4str StonTawater
Management Permit issued by the NC Division ofWater Quality?
YES— NO - ----- - -
If yes, list the total built upon armtimpervious surface allowed for your lot or parcel: square feet.
0 I'll Elk PER sIrl'S MAYBE REQUIRED: The activity you am Piumiug May VO4uim Permits Other than the CIA
minor development permit, including, but not limited to; Drinking Water Well, Septic Tank (or other ssanary wane
treatment system), Building, Electrical, Plumbing. Heating and Air Conditioning, Insulation and Energy Conservation. FIA
Certification, Sand Rune, Sediment Coutict, Subdivision Approval, Mobt1Pjj9mc,?,4* A 4
others, Check with your Local Permit Offloor for more information. ,
I 'ERSHIP:
.,TATr8iFNT or owN,
l, the uudemigncd, in applicant For a CAMA minor development permit being either the owner 4property in an AEC or a
person autlorized to set as an agent for purposes of spplyii-4g for a CAMA minor development permit, certify the the Pam,
listed as landowner on this application has a significant interest in the real property described therein. 'This interest can be
described as: (chock one)
au owner or word title, Title is vested in
rage r4kj� in the t��J�MWtWt_County Registry cfDce&
_an owner by virtue of inheritance. Applicant is an heir to the estate,of
probate was in -- Cointy.
-- . -Jf other interest such as written contract 401
NOTIFICATION OF ADJACENT PROPEM OWNERS:
I flurthermem certify that the following persons we owners ofpropetties adiciums this property I afftrin that I have givvp""
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. -
An
(Name) (Address)
(3)
(4)
ACKNOWLEDGEMENTS:
1. the undersigned, acknowledge that the land owner is aware that the proposed development is Plamwd for an area which
may be susceptible to erosion and/or flooding, I acknowledge that the Loud Permit Officter has explained tome the particu-
lar hazard problems associated with this lot This explanations was Accompanied by recommendations concenturig-1
tion and Hoodproofing techniques.
I ftirthermare certify that I am authorized to grant, and do, in fact grant, pemisslon to OM81011 OfCOMW �tanagernent situ
the Local Permit Officer and their agents to enter cm the aforementioned lands in connection with evaluating informatiOU
related to this permit application.
This ite day ctfm4,ij. 20
Landowner or per jset authorized to act as bi0a agent for purpose of filing aC&1AApermit aWlmdon
This application indud-general information (iblsjorin), a site. drwwuigar denribe-don the back ofd?13 application, thr
an
ojt�neryh an, a check for 1100. 00 made pqwble to the locafih,, d
jp y&,jvaient� the (kean IlazardAECIVotict! wheremceTs
airy oyor as mqrbeprovided orally bvthe appitram- The Mails oftheapphranon as described by the$e'vaurres one
,Wrong stared wirkow arferencc in any permit which maybe iSitied
anypermit Any person developing in an AEC without permit is sitoject to coil, criminal and administrative.
APR 0 6 *:1118
DCM WILMINGTON, NC
SITE DRAWING/APPLICATION CIMCKLIST
Please matte sure your site drawing includes the following information required for a LAMA minor development permit.
The Local Permit Officer will help you, if guested.
CALDIMENSIONS
L ' D APPLICATIOPti FOR
�
_
Label wads
APR t(E13 ✓AMA MINP_R '
Label highways rigbt-of*ways
_Label local setback tires
Label any and all structures and driveways currently existing on property
_
j'� PM]ONT
N+ M 4JANOVER C DEVELw j
_Label adjacent waterbody
Pi.,aNNNG ZtlNl
EM&T.
,
PHYSICAL CHARACTERISTICS
1
_ Draw and label normal high water line (contact LPO for assistance)
147d, the North Carolina General Assembly passed the Area Managetneat Act
North
�
Y>A.Y location Of on-SFie R=$s�-ware[ systemsystemfn
$'tJ�15ra1
(CA:MA) and set the stage for guiding development In fr2g; le and productive ereav that
If you will be working in the occan hazard area:
border the state's sounds and oeeanfrent. Along with requiring special care by those who
Draw and babe` 6une idges (include spot elevations)
build and develop, the General Assembly directed the Coastal Resources Commission
Draw and Labe: toe of dunes
(CRC) to implement clear regulations that minimize the burden on the applicant
Identify and to a first `ine of stable vegetation (contact LPO for assistance)
Draw and label erosion setback line (contact LPO for assistance)
This application for a minor development permit under CANNA is part ofthe
Draw and latsei topographical features (optional)
Commission's effort to meet the spirit and 'intent of the General Assembly. It has been
designed to be straightforward and require no roa e time or effort than mceary from
If you will be working in a coaoai shoreline area:
the applicant. Please go over this folder with the Local Permit Officer (I,POy for the
Show the roof ov erhaug as a dotted tine around the structure
locality in which you plan to build to be certain that you understand what information he
I)raw and label landward Inuit of AFC
or she needs before yin apply.
Draw and iabel all w cdand .isics tcotratet LPO for assistance)
r
Draw and label the 30-foot buffer tine
Under CA:17A regulations, the minor permit is to be Isrncd within 25 days once a
DEVELOPMEN-f PLANS
complete application Is In hand. often less time is needed if the project Is simple, The
process generally takes about 18 days. You can speed the approval process by making
Draw alabel all proposed structures
certain that your application Is complete and signed, that your drawing meet$ the
�
Draw and
d label areas that will be disturbed and/or landscaped
specifications given inside and that your application fee is attached.
_ Vote size ofpiling and depth w be placed in ground
t
Draw and label all areas to be paved or graveled
Other permits are sometimes requlmd for development in the coastal area, While these
_ Show all areas to be disturbed
are not CAMA-related, we urge you to check with the local Permit t MHctr to determine
l
Show landscaping
which of these you may need. A list is included an page two of this folder.
NOTE TO APPLICANT
l�
Have
We appreciate your cooperation with the North Carolina Coastal Management Progrrain
you:
and your willingness to build in a way that protects the resources *four beautlrid and
* completed all blanks and/or indicated s not applicable?
productive creasy.
. not, sari listed adjacent property owners?
included your site drawing?
Cioastzd Retouteek Commission
* signed and dated the application?
Wvbion of Coastal lanagemeitt
* enclosed the S 100.04 fee?
n
N completed an AEC k atard Notice, if rec.<sary3 (Nlust tic si ricd by Tile property >.. n _r'.
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RECEIVED
APR 4 2018
V' NEW HANOVER COUNW
PLANNING
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RECEIVED
APR 0 6 Z018
DCM WILMINGTON, NC
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F,Y.R.Lader, mortify that Ws y was drama troy an antral
aarooy b 00 ; Hat the arrer of slaoars as salwlated y
latttvdoo and dyarwrm. If 124.9" - that this oq am
or ksrod to amaordsmof r ! 0.S. 41-M as amended, witosmm
p od mad seal to -ale dq of MptaaI Ina.
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NEW HANOVER COUNTY
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REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
WILMINGTON, NC 28401
1011712007 12:39:53 PM
RE 5242 Page: 299-302
2007050800
ORDER 4 PGS $18.00
Recorder: SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007050800*
2007050800
Book 5910 Page 2723
BK: RB 5910
PG: 2723 - 2724
RECORDED'
M12t2015
03:01:20 PM
Sr. ANDREA CRESWELL
ASSISTANT
2015024653
NEW HANOVER COUNTY,
TAMMY THEUECH OEA$LfY
REGMTER OF DEEDS
RECEIVED
APR - A 2018
�A&ZOG
NC ,NNlN� NN
OTHER
EASEMENT►, A�-b a w•s
Prepared by & Returns:
Duke Energy Progress
1451 Military Cutoff Road
NORTH CAROUNA Wilmington, NC 28403
NEW HANOVER COUNTY Tax ID# R07906-003-079-000 No Excise Tax
THIS EASEMENT ("Easement") is made this 1 � day of Fuel G 201__._
("Effective Date"), from JAMES BRITTON FINER
("GRANTOR," whether one or more), to Duke Energy Progress, Inc. ('DEP"); its successors, licensees, and assigns.
W iTNESSETH:
THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto DEP, its
successors, lessees, licensees, transferees, permittees, apportionses, and assigns, the perpetual right, privilege, and
easement to go in and upon the land of GRANTOR situated in WILMINGTON Township, described as follows: being the
"MnOK County Reaied'y (the "property"), LESS AND EXCEPT any prior out conveyances, and to construct,
reconstruct, operate, patrol, maintain, inspect, repair, replace, relocate, add to, modify and remove electric and/or
communication facilities thereon including but not limited to, supporting structures such as poles, cables, wires,
underground conduits, enclosures/transformers, vaults and manholes and other appurtenant apparatus and equipment
(the 'Facilities") within an easement area being ten (10) feet wide, together with an area ten (10) feet wide on all sides of
the foundation of any DEP enciosure/transformer, vault or manhole (the "Easement Area"), for the purpose of transmitting
and distributing electrical energy and for communication purposes. The center line of the Facilities shall be the carder line
of the Easement Area.
The right, privilege and easement shall include the following rights granted to DEP: (a) ingress and egress over
the Easement Area and over adjoining portions of the Property (using lanes, driveways and paved areas where practical
as determined by DEP); (b) to relocate the Facilities and Easement Area on the Property to conform to any future highway
or street relocation, widening or improvement; (c) to trim and keep clear from the Easement Area, now or at any time in
the future, trees, limbs, undergrowth, structures or other obstructions, and to trim or clear dead, diseased, weak or leaning
trees or limbs outside of the Easement Area which, in the opinion of DEP, might interfere with or fall upon the Facilities;
and (d) all other rights and privileges reasonably necessary or convenient for DEP's safe, reliable and efficient installation,
operation, and maintenance of the Facilities and for the enjoyment and use of the Easement Area f j, ka pt{gx�§e�s
described herein. KKCC �C �I VV ��
APR 0 6 2018
Submitted electronically by "Duke Energy"
In compliance with North carollna statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county RegQCfkyq MTftTON, NC
Book 5910 Page 2724
TO HAVE AND TO HOLD said rights, privilege, and easement unto DEP, its successors, licensees, and assigns,
forever, and GRANTOR, for Itself, its heirs, executors, administrators, successors, and assigns, covenants to and with
DEP that GRANTOR is lawfully seized of the Property and the Easement Area in fee and has the right to convey said
rights and Easement and that GRANTOR will forever warrant and forever defend the He to said rights and Easement
against the lawful claims of all persons whomsoever.
IN.WITNESS WHEREOF, this EASEMENT has been executed by GRANTOR and is effective as of the Effective
Date herein.
Witnesses:
(SEAL)
(SEAL)
NORTH CAROLINA, if E,,J 14 AN 0 %Xa— COUNTY
1, 13 9 t Anj iR • VJ + , a Notary Public of N &10 't4 A F40Y cr'R-gounty, North
Carolina, certify that J-A- oAC: ' 190P , r4 eR-_ personally
appeared before me this day and acknowledged the a—,
xecution of the foregoing EASEMENT.
Witness my hand and notarial seal, this day of S�NG�' , 20_1 —'5
Brian'R. West
Notary Public
Now Hanovq County, NC
y Commission . ires: - -10
11WORRIME-K� MI
Notary Public
My commission expires: (- V - ?.-0
RECEIVED
ADD
DC,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF NAMING
AN UNNAMED ROAD TO
MARSH COVE LANE
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Marsh Cove Lane located near the 5900
block of Myrtle Grove Road, east side and extending east approximately 2540 feet,
thence south and parallel to the Intracoastal Waterway for a distance of 438 feet. A
public hearing was held on Tuesday, September 4, 2007 at which time all persons were
heard on the question of whether or not the naming would be in the public interest; and it
further appearing that notice of said hearing was transmitted to all resident owners and
prominently posted in at least two (2) locations along said road; and published in the Star
News local newspaper, and the Board of County Commissioners is of the opinion that
said road in New Hanover should be named and the naming of the same is in the public
interest, the description of which is delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Marsh Cove Lane.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 4`h day of September 2007,
Attest:
'A . '�' , � %C"
Sheila L. Schult, Clerk to Board
William A, Castcr, Chairman
ECEIVED
APR 0 62018
DCM WILMINGTON, NC
Ex U
v�p - RECEIVED �q111�'�A1�,^'
ApB - A 2018
WOR REGISTRATION REGISTER OF DIED!
REBECCA P. SMITH
NEY HANOVER COUNTY, NC
NEW HANOVER COUNTY 2007 OCT 1712:39:53 Phi
PLANNING & ZONING B(:5242 PG:M302 FEE:$18,N
NRUU 1 A17 0
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RECEIVED
APR 0 6
DCM WILMINC �..�,