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HomeMy WebLinkAbout87626D-MCKINNEYataurk , r l y 9 87626 A B C o� �TMCAMA ❑ DREDGE & FILL . GENERAL PERMIT Previous permit Date previous permit issued (R{ New ❑ Modification [ ] Complete Reissue ❑ Partial Reissue As authorized by the �Strate of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC r)YA 4-- -- ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deq.nc.povlCAMArules Applicant Name Au -� ! Authorized Agent Address, i�i KkYtECi�(YJ tt l Project Location (County): Yi�K7Vt/Y City `^�rl �C`\ State K5c-- ZIP � �'1 Street Address/State Road/Lot #(s) �aQZ Kt'P4XC%V)r 1 k C-lr Phone # ( ) Email Subdivision C>(G Ool� ti ­7�tu -3 City ZIP Affected ❑ CW NEW PTA ❑ ES ❑ PTS Adj. Wtr. Body (,A _ �� �K u� 1-— (�i%lnan/unk) AEC(s): ❑ OEA ❑ IHA rUW ❑ SPIMA 1❑ PWS Closest Maj. Wtr. Body f ^M lY`�('�Y\�-1✓� ��y>,t��+ ORW: yes/I(o i PNA4.5-ntgno Type of Project/ Activity (Scale:) Shoreline Length Access Length �✓ Pier (dock) length _ Fixed Platform(s) �Ht4f.�� -� /� Floating Platform(s) Finger pier(s) _ Total Platform area#t Z66 Groin length/#Je- �� "� Bulkh d/ Riprap length t�y�-=►( Avg dista a offshore f Breakwater 11 �C�k Max distance/ gth -�-j Basin, channel Cubic �' �/ _ ) G yards Boat ramp _ y iY}`Vl ,^ Boathouse/ BoaNift Beach Bulldozing t 4 ^) v Other J c fir\ SAV observed: yes no Moratorium: n/a yes 4fp' 'M1 t % �� � f 1�G14 j`'1 `, ` 4 Site Photos: yes 69• Riparian Waiver Attached: s no ({�j�j�- A building permit/zoningpermi�"r isiretl by: + li •CPC t , ❑ TAR/PAMINFUSE/BUFFER (circle one) _ iq t Permit Conditions _ N. ] Lj . LJIL1rll s p r�7_�1���„ []See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED CQWLIANCE STATEMTT. (Please Initial) Anthony McKinney President Overlook at Trls End HOA Agent or App %tt PRINTED Name Permit Sign ture •'Please read c rfi lance statement on back of permit" Signature -'_/ 1.l)�' Zo Application Fee(s) Check N/Money Order Issuing 01ite Expir lion 132fte `°"',NT6CAf!►/IA ❑ DREDGE & FILL N° 87626 A B C(D -01 Previous permit GENERAL PERMIT Date previous permit issued rNew ❑ Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by the 7 State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC �T is ❑ Rules attached. ❑ General Permit Rules available at the following link: www.deg.nc.gov/CAMArules Applicant Name � � � Authorized Agent t Address '7 Cl Cr11Q_Sr(Yl. �T Project Location (County): City 6011M State ZIP Street Address/State Road/Lot #(s) CJZ IA,otQ_5%,�� Cf Phone # (_) Email Affected ❑ CW AEC(s): ❑ OEA ORW: yes/C� NEW PTA ❑ IHA ruw PNA<no Type of Project/ Activity Shoreline Length Access Length ^ Pier (dock) length _ Fixed Platform(s) Floating Platform(s) Finger pier(s) Subdivision c>-� 1> � -!�► 5 City �i�{!^u�T`k/✓�� ZIP G-�L ❑ ES ❑ PTS Adj. Wtc Body Llk g�N1tKX- `--y-_-A- 91A� nan/unk) ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body M (Scale:t,31S) �SuP� Total Platform area'() 266 S� 1 Groin length/# Bulkh d/ Riprap length Avg dista a offshore ."6 4 Breakwater 'll 'Tc7T k"q k-) Max distance/ gth Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing _ Other -i a C�t4i T S e^ SAV observed: yes no Moratorium: n/a yes Site Photos: yes (91 Riparian Waiver Attached: `no Cm r yA building permit/zoninggpermiit Permit Conditions 7Ve"7 e)4oAt�l<>,, 7 )l t � 7e, sb�1 C+ [:] TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back OD I AM AWARE OF STATUTES, CR.§ %ULES AND CgPDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEP4F41T. (Please Initial) Agent or Applicant PRINTE Name C�: Sign ture "Please read compliance statement on back of permit" Application Feels) Check #/Money Order Permit Signature `J O 1 Z Z Issuing D to Expir lion D e Statement of Compliance and Consistency R,•_ This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities -authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: F-1 Tar - Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules 01 If indicated on front of permit, your project,is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any question's, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOA5T Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 ,(Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 UC,". A ❑ DREDGE & FILL N9 87626 A B C D GENERAL PERMIT Previous permit � Date previous permit issued ❑ New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC Z1./❑ Rules attached. ❑ General Permit Rules available at the following link: www.dgq.nc.gov/CAMAruies Applicant Name Address City State ZIP Phone # ( ) Email Affected ❑ cW AEC(s): ❑ OEA ORW: yes/no ❑EW ❑PTA ❑ IHA ❑ UW PNA: yes/no ❑ ES ❑ PTS ❑ SPIMA ❑ PWS Authorized Agent Project Location (County): Street Address/State Road/Lot #(s) Subdivision City ZIP Adj. Wtr. Body 1A <I (nat/man/unk) Closest Maj. Wtr. Body Type of Project/ Activity (Scale: Shoreline Length _ Access Length i T` ( � Pier (dock) length " Fixed Platform(s) __ _._. __ ____ _Pill Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/ Riprap length Avg distance offshore Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Vic, I SAV observed: yes nq,, .� Moratorium:tePhotoy n/a es no Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: I ❑ TAR/PAM/NEUSE/BUFFER (circle one) Permit Conditions - r' + - t t,<�i �70e-%� -.r`-i ,.: �•=y tf�l _ ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) PON _. Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature "Please read compliance statement on back of permit" Signature Application Fee(s) Check #/Money Order Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 1-1 Tar - Pamlico River Basin Buffer Rules F] Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: The Overlook at Trails End HOA 4302 Cranesbill Court, Wilmington NC 28409 Mailing Address of Owner: 4308 Cranesbill Court, Wilmington, NC 28409 Owner's email: overlookattrailsend@gmail.cO6wner's Phone#: 202 306 5603 Agent's Name: Anthony McKinney Agent's Email: overlookattrailsend@gmail.com Agent Phone#: 202 306 5603 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 descrip+on or drawing with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback ��en Iti o �Z Signature of AdAG141VPiparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: The Bluffs at Trails End Owners Association c/o Dick Jones Mailing Address of ARPO: 4306 Lauralis Bluff Ct, Wilmington NC 28409 ARPO's email: ARPO's Phone#: 910 617 8601 Date: *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 RECEIVE® NM 18 L. DCM WILMINGTON, NC TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return receipts (showing delivery of notice) are needed, or any other method which satisfies the Local Permit Officer (LPO) that a good faith effort has been made to provide notice. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments (or potentially object to) the proposed development, and to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fall within a 15' setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors) • A property that shares a boundary line with the site of proposed development; AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders? Yes, if the easement could be impacted by the proposed development. • Streets/Roads? Only if the street/road could be impacted by the proposed development. This might include street -ends which might be used for parking and beach access. • Holders of recognized submerged lands claims/shellfish franchises. What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a question about whether an adjacent property is considered "riparian," please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who/What is a Property Owner? For private individuals (or families), send notice to the address listed on the tax card. If the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of State's Corporations Look Up site: https://www.sosnc.gov/search/index/corf:. For Condominiums or neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a corporation, for which you send notice to its registered agent). What is Notice, and how do I ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the proposed development, and ask them to sign this form and return it to DCM; OR • You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you choose this option, you must provide either the signed & returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. Revised May 2021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Gregory Baccari 155 Trails End Rd. Wilmington, NC 28409 Dear Mr. Baccari: NORTH CAROLINA Environmental Quality July 20, 2022 This letter is in response to the Adjacent Riparian Property Owner Statement, which was received by the N.C. Division of Coastal Management on November 2, 2021, and July 7, 2022, indicating your possible objections about the proposed development by the Overlook at Trails End HOA, at the community docking facility located at 4302 Cranesbill Ct., in Wilmington, NC. The project consists of constructing a fixed kayak launch at the existing community facility. Based on consistency with the Rule requirements outlined in 15A NCAC 07H .2000, GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Thirc 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 permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7423, if you have any questions, or if I can provide any additional information. Sincerely, c� Bryan Hall Field Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington, N.C. 28405 ��� North Carolina Department of Environmental Quality I Division of Coastal Management D/r Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 N Uy J NOUNA - ��s /� 910.7%.7215 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: The Overlook at Trails End HOA Address of Property: 4302 Cranesbill Court, Wilmington NC 28409 Mailing Address of Owner: 4308 Cranesbill Court, Wilmington, NC 28409 Owner's email: overlookattrailsend@gmail.cor5wner's Phone#: 202 306 5603 Agent's Name: Anthony McKinney Agent's Email: overlookattrailsend@gmail.com Agent Phone#: 202 306 5603 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 drawino. with dimensions. must be provided with this letter. I DO NOT have objections to this proposal. _x I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner 11130ya I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Gregory Baccari Mailing Address of ARPO: 155 Trails End Road, Wilmington NC 28409 ARPO's email: ARPO's Phone#: 910 769 5635 Date: / 1 / . ! 2 c Z l *waiver is valid for up to one year from ARPO's Signature* e Revised May 2021 RECEIVED NOV 0 2 2021 DCM WILMINGTON, NC TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return receipts (showing delivery of notice) are needed, or any other method which satisfies the Local Permit Officer (LPO) that a good faith effort has been made to provide notice. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments (or potentially object to) the proposed development, and to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fall within a 15' setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors) • A property that shares a boundary line with the site of proposed development; AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders? Yes, if the easement could be impacted by the proposed development. • Streets/Roads? Only if the street/road could be impacted by the proposed development. This might include street -ends which might be used for parking and beach access. • Holders of recognized submerged lands claims/shellfish franchises. What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a question about whether an adjacent property is considered "riparian," please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who/What is a Property Owner? For private individuals (or families), send notice to the address listed on the tax card. If the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of State's Corporations Look Up site: https://www.sosnc.gov/search/index/core. For Condominiums or neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a corporation, for which you send notice to its registered agent). What is Notice, and how do 1 ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the proposed development, and ask them to sign this form and return it to DCM; OR • You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you choose this option, you must provide either the signed & returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. Revised May 2021 Hall, Bryan L From: Greg Baccari <cesmgt@aol.com> Sent: Thursday, July 7, 2022 11:29 AM To: Hall, Bryan L Subject: [External] Re: Overlook at Trails End Proposal CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hello Mr. Hall, Thank you for reaching out to me. The "new" proposal seems to closely resemble what they showed to me in October of 2021 that prompted my letter to you dated November 1, 2021. We absolutely object to this proposal for the reasons stated in my letters to Ms. Spears dated July 3, 2018 & and to you dated November 1, 2021. Although they may use the proposed dock to launch kayaks, my observations are that they will use this to moor their boats when the tide is too low to get them on the lifts. This will effectively block what little channel there is. "Stairs to the mud line" will enable them to come in around low tide, step off their boat onto the stairs, walk up the stairs to the fixed platform, tie the boat off & go about their business. Our objections go back to 2006 with the original proposal to remove the existing docks and build a larger, community facility. We applied for and were granted a third party hearing based on the fact that the project as proposed would "impede navigation and create undue interference with access to, or public trust areas or estuarine water. I voluntarily dismissed without prejudice my request for a third party hearing in the contested case provided certain conditions were met. One of the conditions was that slips and lifts were built such that no part of any boat lift, boat, or motor shall extend any further into the channel than the existing pilings or dock structure. Range photographs were taken and agreed upon to confirm the location of the existing structure. Another condition was that the agreement "shall run with the land and be binding upon the parties, their heirs, successors and assigns, and shall be recorded with the land records for New Hanover County, North Carolina." We will not approve any structure that makes it easier for residents of Cranesbill Court to moor vessels in positions that block the channel. If it's truly a "kayak launch" I suggest they put it off the South side of the platform, East of the gazebo. Thank you again for reaching out. I tried calling this morning & left you a voicemail. I'd like to discuss the proposal when you have time. I can be reached by phone at the number listed below. I will be tied up today from 12:30 to 2:30 pm, other than that I'm free. Thanks, Greg Baccari 155 Trails End Rd Wilmington, NC 28409 910-367-1689 -----Original Message ----- From: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> To: Greg Baccari <cesmgt@aol.com> Sent: Wed, Jul 6, 2022 10:33 am Subject: Overlook at Trails End Proposal Hi Mr. Baccari, I hope all is well. We spoke about half a year ago regarding your objection to the Overlook at Trails End proposal for their kayak launch. A marine contractor has reached out to me on behalf of the HOA with a new proposal for their proposed November 1, 2021 Mr. Brian L. Hall Field Representative NC Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Mr. Hall, Thank you for taking time to speak with me this morning about a proposed modification to the Community Boating Facility at the Overlook at Trails End on Cranesbill Court in Wilmington. I received the enclosed letter, plan, & notification/waiver form on Friday, 10/29/21. For the reasons listed below, I am opposed to any additional structure that will enable vessels to be secured outside of the existing boat lifts. Regardless of what it is called we believe it will be used to moor vessels in the water during low tide as opposed to in the boat lifts. Our opinion is based on our experience. My wife Jennifer & I purchased our property at 155 Trails End Rd. in August 2004 specifically for its water access. This is the property we worked for thirty-five years to purchase. It was our goal to live and retire in a waterfront home. I am a retired professional Marine Engineer & would never consider mooring a vessel in a configuration that would limit other's ability to access the waterway. The existing residents of Cranesbill Court regularly moor their boats in ways that prevent safe passage to the intracoastal waterway. The boats are not moored in the boat lifts but left in the water. Sometimes they are moored perpendicular to the channel with the bow tied to a lowered boat lift and the stern secured via a stern anchor on the far side of the channel. The operator then rides the boat lift up to the fixed dock. This mooring arrangement (see photos #1 & 2) blocks access for all motorized vessels West of the dock at or around low water. Sometimes the boats are moored parallel to the channel with the bow tied to a boat lift and the stern tied to a dock piling (see photo #3 & 4). This mooring arrangement is less restricting but blocks the deepest water (2' 9") at mean low water. These photos were not taken at low tide but within 2 hours of average low tides. Photo #5 is a seventeen -foot Scout, perpendicular to the channel, being used to map channel depth during mean low water at the site of the existing dock. The mapping was done prior to the issuance of major permit #199-06 in 2007. The depth under the bow is 8", the deepest water is 2' 9" and is under the boat between the seat and - the engine. Unfortunately, the water body is only 31' wide at mean low water at the site of the existing dock. We believe the proposed Kayak launch will violate NC General StatutelSA NCAC 07H .0208 a2H which states "Development shall not impede navigation or create undue interference with access to, or use of,. public trust areas or estuarine water". We are concerned that our water access will become increasingly restricted by residents of Cranesbill Court beyond the natural restrictions of water levels. According to our records there are conditions attached to the original dock permit that limit the facility's encroachment on the narrow channel & preserve a means of safe passage to the waterway for all residents to the West of this location. The conditions also state that "the agreement shall run with the land and be binding upon the parties, their heirs, successors and assigns, and shall be recorded with the land records for New Hanover County". The RECEIVED NOV 0 2 2021 nrne %Atli nninir_Tnxi nir, current residents of Cranesbill Ct. are probably not be aware of those conditions. We are afraid that if they are permitted to install a fixed platform, they will moor boats at it as it will be easier to leave their boats in the water than it is now. We do not wish to deny anyone use of the water; however, we do not wish to allow anyone to interfere with our use of the water or to cause harm to the creek. We urge you to consider our water access as well as all others to the West of us when applications for additional dockage are submitted. Thank you in advance. Respectfully, Gregory Baccari 155 Trails End Rd. Wilmington, NC 28409 910-367-1689 (M) 910-769-5635 (H) Attachments; Letter from Overlook HOA, plan, ARPO Notification/waiver form Photos 3. 15A NCAC 07H .0208 Use Standards RECEIVED NOV 0 2 2021 DCM WILMINGTON, NC Overlook at Trails End HOA 4308 Trails End Rd Wilmington, NC 28409 overlookattrailsend@gmail.com 25 October 2021 Mr Gregory Baccari 155 Trails End Rd Wilmington, NC 28409 Dear Mr. Baccari, Thank you for providing us your feedback with regard to the proposed Kayak Launch design for the Community Boating Facility at the Overlook at Trails End on Cranesbill Court, in Wilmington, NC. Thank you for taking the time to visit the community boating facility and review the proposal earlier this month. The HOA has discussed the matter, and has requested for you to review the proposal requested, and respond as necessary in writing to the NC Division of Coastal Management to objections you may have to the proposal. We have attached the requisite waiver form, as well as a sketch of the proposed kayak launch. Sincerely, Overlook at Trails End HOA Anthony McKinney HOA Presid nt RECEIVED NOV 0 2 2021 DCM WILMINGTON, NC 1 ... � �'1 �i ii = i. N � {` W t 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access channels and drainage ditches. (2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding that the applicant has complied with the following standards: (A) The location, design, and need for development, as well as the construction activities involved shall be consistent with the stated management objective. (B) Before receiving approval for location of a use or development within these AECs, the permit -letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development and, further, that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils). (C) Development shall not violate water and air quality standards. (D) Development shall not cause major or irreversible damage to valuable documented archaeological or historic resources. (E) Development shall not measurably increase siltation. (F) Development shall not create stagnant water bodies. (G) Development shall be timed to have minimum adverse significant affect on life cycles of estuarine and ocean resources. (H) Development shall not impede navigation or create undue interference with access to, or use of, public trust areas or estuarine waters. (3) When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits clearly outweigh the long range adverse effects of the project, that there is no reasonable and prudent alternate site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and will be implemented at the applicant's expense. These measures taken to mitigate or minimize adverse impacts may include actions that will: (A) minimize or avoid adverse impacts by limiting the magnitude or degree of the action; (B) restore the affected environment; or (C) compensate for the adverse impacts by replacing or providing substitute resources. (4) Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are officially designated and described by the N.C. Marine Fisheries Commission in 15A NCAC 3B .1405 and by the N.C. Wildlife Resources Commission in 15A NCAC 10C .0110. (5) Outstanding Resource Waters are those estuarine waters and public trust areas classified by the N.C. Environmental Management Commission pursuant to Title 15A, Subchapter 2B .0216 of the N.C. Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters are of exceptional state or national recreational or ecological significance. significance. In those estuarine waters and public trust areas classified as ORW RECEbthe i NOV 0 2 2021 DCM WILMINGTON, NC Platform will be a simple L shape. First platform will be level with the existing dock reaching out approximately 141eet with a small set of steps leading down to the lower platform which will be 16 x 6 also but just barely go underwater at high tide. There will be a set of stairs leading down to the mud line from the west side of the lower platform. All structures will not protrude any farther than the corner of the Boat Lift pilings to the east and west of the proposed build site. Stairs Stairs r •' e 4. Google 41 O O 0 0 Hall, Bryan L From: anthony mckinney <overlookattrailsend@gmail.com> Sent: Tuesday, July 12, 2022 2:48 PM To: Hall, Bryan L Subject: Re: [External] Overlook at Trails End Kayak launch Attachments: Checklist for Major Permit Application updated.pdf UTION: External email. Do not click links or open attach is unless you verify. Send all suspicious email as an attachment to ort.S am. Bryan, Yes the HOA understands this and would like to continue with the Kayak launch which does not block navigation. Anthony McKinney President Overlook at Trails End HOA Sent from my iPhone On Jul 12, 2022, at 11:52 AM, Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> wrote: Hi Anthony, Thanks for reaching out. Yes I have everything I need for the permit application for the kayak launch. The adjacent property owner is still objecting. Any proposal outside of the existing footprint may be possible but any such proposal would require a CAMA Major Permit. It is a much more in depth application process than the General Permit which you have currently applied for. I've attached the checklist for a CAMA Major Permit for your reference. Let me know if you have any questions about it. It appears that the kayak launch would not block navigation as proposed as it will not be located waterward of the existing pilings of the facility and hug the small marsh island. However, it will be a permit condition that this is not a formalized boat slip and if a vessel is left tied to the fixed kayak launch, it will be a violation of a permit condition which will fall on the HOA. Does the HOA understand this? Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.hall@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: anthony mckinney <overlookattrailsend@gmail.com> Sent: Monday, July 11, 2022 1:54 PM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject:. [External] Overlook at Trails End Kayak launch Hello Bryan, I wanted to check in and see whether I need to do anything else -for moving forward with the Kayak Launch plans with our contractor, Todd Wells. Also, I believe you had, mentioned that options for building to the west side of the existing community boating facility would require more / greater approval than keeping it within the existing footprint of the facility? Just wondering if this would further appease our neighbor with the dissenting vote. Thank you, Anthony President Overlook at Trails End HOA G 2 Date ReeeNed Date Deposited Cheek Fran Neme Name o/ Permit Holder Vendor Cheek number Cheek mounf Pemdt NumbedCon'—ft Reed f or Re/nnd/Reellocefed Cdumnl 7/22/2022 Cdumn4 Cdumn3 Coastal Dock Builders LLC Cdo-4 Collins Column5 Bank of America Columns 1030 Column7 $ 200.00 Co1umn9 GP #87766D Ce1umn9 JD rct. 18104 7/22/2022 Cursio Coastal Construction, LLC Batenic PNC Bank 1240 $ 200.00 GP #87769D _ JD ret. 18107 _ 7/22/2022 _ Dollie Uzzell BHU Properties Bank of America 1092 $ 200.00 GP #87768D JD rct. 18106 7/22/2022 Overlook at Trails End HOA _ same First Citizens Bank 1308 $ 200.00 GP #87626D BH rct. 18070 _ 7/22/2022 _ _ Delta Dock 8 Boat Lift Barrin ton III First Citizens Bank 9373 $ 200.00 GP #87770D JD rct. 18108 7/22/2022 Rhonda Henrysame Wells Faro 2658 $ 200.00 GP #87625D BH rct. 18071