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
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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
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4.
Google
41
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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