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HomeMy WebLinkAbout87581D-HENRYQ !T or Applicant PRIN Signature "Please read CRC RULES AND CONDITIONS TNAT APP t Na �pl` a sta merit n badt of it" TO THIS PROJECT AND REVIEWED COMPLIANCE STAT MENT. (Please Initial) JU Permit Offi Nam` Signature t f Fee(s) Check k/Money Order Issuing &oCOAST41 LAMA ❑ DREDGE & FILL NI? 87581 A B C i GENERAL PERMIT Previous permit Z 3 Date previous permit issued New ❑ Modification [:]Complete Reissue ❑ Partial Reissue As authorized by the (St(ate of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC /hev , s I ZC.(!f:> ❑ Rules attached. ❑ General Permit Rules available at the following link: www.dgq.nc.gov/CAMArules Applicant I Address _ City I Phone # ( State 11)� I ZIP Authorized Agent Project Location (County): Street Address/State Road/Lot #(s) Email Subdivision. ^ City �► ZIP 7&q013 Affected V CW MEW rj�PTA ❑ ES ❑ PTS Adj. Wtr. Body Lfk(Dman/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body AA*icw,,.6-,o C� ORW: yes/6) PNA: &no Kn.TI" ' ^N s dA.r-,/ Type of Project/ Activity Shoreline Length Access Length v Pier (dock) length Fixed Platform(s) t2lx Floating Platform(s) ,r JM Finger piers) Total Platform area "I r f Groin I h/# Bulkhead iprap length Avg distanc\ffshore BreakwaterMax distanBasin, chan Cubic yards Boat ramp Boathouse/ at Beach Bulldozin Other SAV observed: yes Moratorium: n/a yes Site Photos: Riparian Waiver Att yes ached: / no A building permit/zoning permit may be required by: V'b 1 W Permit Conditions 5 �{s Creek &6 Lte�L-'"_ (Scale: t b b ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES,;RC RULFS AND CONDITJpNS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) 9Ee4t or Appftcant PRINTED NarrT� Permit S' nature "Please read compliance statement on back of permit" Signature // Application Fee(s) Check /Money Order Issuing M 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: Tar - Pamlico River Basin Buffer Rules 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'complete-d by owner or their agent) Name of Property Owner: Mitch and Rhonda Henry Address of Pro e 6130 Leeward Lane Wilmington NC 28409 P rty: Mailing Address of Owner: . 6130 Leeward Lane Wilmington NC 28409 Owner's email: mitch.henry@ppd.com_ - Owner's Phone#: 910-443-3995 Agent's Name: _ NA Agent Phone#: Agent's Email:... 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. 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 /J r Signature of Adacent Riparian Property Owner -O R- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: � t Typed/Printed name of ARPO: g,., S., s�wL &V"rwtak Mailing Address of ARPO: ARPO's email: r'a% OtiLI �h�n. cowl ARPO's Phone#: J,Lo 2A Date: ti I it) ILL *waiver is valid for up to one year from ARPO's Signature* RE9Nay 2021 DEC 09 2p22 DCM WILMINGTON, NC 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:.. _ Mitch and. Rhonda Henry Address of Property: 6130 Leeward Lane Wilmington NC 28409 Mailing Address of Owner: 6130 Leeward Lane Wilmington NC 28409 Owner's email: mitch.henry@ppd.com . _ Owner's Phone#: 910-443-3995 Agent's Name: _ NA Agent Phone#: Agent's Email ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottomp'ortion to be completed by the. Adjacent Property Owner) hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. i f[Pic I-en-,� i rz-Fmr ''*) - DO NOT have objections to this proposal Z—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 Ego I do not wish to waive the 15' setback requirement (initial the blank) V Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: C A±V. Mailing Address of ARPO: (o A � 2 4 6-F- j) .R D .. (A) 1.2-M_ 110 D 1J , C ARPO's email: c c e av Orr ?.C, ARPO's Phone#: Date: 1 %.a S7f 22 *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 purposed structure and measurements total of30 it I I 12x 12 6x1O boat iin existing pier 12x1B VS 1'i'. Z$� i c'ti' • tizd now" ww R r.w YCk RR — t.i!' r s' . gift.. !M a7 R !sW I - r ors"w Consent for Use of General Permit 71-1.1200 Lot Number/Address: 6130 Leeward Ln County: New Hanover Criteria: (check all that apply) p Primary Nursery Areas. • Less than 2.0ft deep. ❑ Greater than 2.0ft but less than 3.0ft. ❑ Submerged Aquatic Vegetation. ❑ Bottom habitat. Comments: Subdivision: Install a 6'x10' floating dock, the landward portion of the floating dock would be located in approximately 1 8 - I I I on tMe landward and deeper Man 2 on the waterward side. I Fle proposal also Includ sa 12'x12' boat lift in waters deeper than 2' NLW. Floating dock should have 18" stops. Decision: ® Issue General Permit ❑ Elevate to Major Permit k�u 12/14/2022 NC Division of Marine Fisheries Representative Date NC Wildlife Resources Commission Representative Date 2004043078 FOR REGISTRATION REGISTER OF DEEDS REBECCA T: CHRISTIAN NEW HANOVER COUNTY; NC 2N4' AUG 10 04:21:.48 W . , ' BK:4447 PG:61-66:FEE:$26.00.: IRUMENi' UNIT-, . . STATE OF NORTH CAROLINA PIER AND DOCK COUNTY OF NEWMANOVER. EASEMENT AGREEMENT 'THIS AGREEMENT,, made and entered into. this o2 9.ay of 2004; by .arid.. between : W:. SCOTT, CRENSHAW' and ,wife, ALISON W.., RENSHAW- . hereinafter, referred:. to as "Crenshaws"', ,and -EDWARD L. WARD 'and wife; BARBARA. B. WARD,. hereinafter referred to as "Wards". . W I T N .E S S E. T. H: WHEREAS, Wards are the owners- of Lot 5A, of 'a Redivision of Lot 5, of Windward Subdivision. as shown on a map t�ereof recorded' in Map Book 46, Page.177 in the Office of -the ` . Register of Deeds of New Hanover'County (the "Ward Property"); and, WHEREAS' Crenshaws are the owners of Lot SB of said Subdivision as shown on said :map (the; "Crenshaw Property'.'); and, WHEREAS, the Wards have constructed a pier and dock facility. upon the Ward . Property .(the "Facility") and have agreed to ,grant. to .Crenshaws an easement, appurtenant to the. Crenshaw Property, as: hereinafter set forth. NOW, THEREFORE, in consideration: of the sum':of Ten Dollars ($10.00) and.,other good and valuable consideration; the receipt and: sufficiency of :which are hereby, acknowledged, - Wards hereby give; :grant, Bargain and sell, align and convey .unto' Crenshaws, their successors and. assigns; : a perpetual appurtenant easement over the 'Ward- Property subject to the following terms and 'conditions: 1.. Description. The easement granted herein- shall . be ten (10) feet ' in .width and shall .run from the 5 Foot Path .Access Easement" lying between Lot 4 and Lot 5A .as shown on the plat along the southern boundary of Lot 5A in an. easterly.direction to- the'-l.ocation of the RtWRN TO: DONALD E. BRITf JR. 1 Facility. It shall further extend through and across all portions of the Facility and shall include such riparian rights as are reasonably necessary to effectuate the utilization of the Facility for pedestrian and boat access and normal pier and docking usage. To the extent that the Facility is relocated and/or it is not reasonably possible to access the Facility along the southern line of Lot 5A as set forth herein, the parties agree to modify and amend the easement granted herein to provide the Crenshaw Property with reasonable access to the Facility. 2. Repair, Maintenance and Reconstruction. The reasonable cost of repair, maintenance and reconstruction of the Facility shall be borne equally by the owners of the Crenshaw Property and the owners of the Ward Property. All decisions relating to the repair, maintenance and reconstruction of the Facility shall be agreed upon by the parties hereto prior to commencement of work; provided, however, in the event emergency repairs need to be made and any party is not reasonably available, such repairs may be made and any owner contracting for emergency repairs shall be reimbursed one-half of the cost thereof. In the event the owners cannot agree upon any matters relating to repair, maintenance or reconstruction, the final determination of such matter shall be made by the owner of the Ward Property. In the event the repair, maintenance or reconstruction costs or design are unacceptable to the owners of the Crenshaw Property, said owner shall not be obligated to contribute to the cost of such repair, maintenance or reconstruction but may, in lieu thereof, terminate this Agreement and convey any and all right, title and interest in and to this easement and the Facility. 3. Boat Slip and Docking Privileges. The parties acknowledge that the Facility as currently designed will accommodate two (2) boats, approximately 18 feet in length. The boatslip on the south side of the dock is hereby allotted to the owner of the Ward Property. The boatslip on the east side of the dock is hereby allotted to the owner of the Crenshaw Property. Except as set forth herein, no other boats shall be docked at the Facility except those set forth above without the prior consent of the owner of both the Ward Property and the Crenshaw Property, 4. Boat Maintenance. The parties hereto shall properly secure boats docked at the Facility at all times and shall store all personal property in designated storage areas or otherwise in a neat and orderly fashion. 5. Persons Entitled to Use Facility. The rights granted herein shall extend only to the parties hereto and their successors in ownership of the real property. The rights cannot be 2 assigned separately and independently from the ownership of the real property. The rights granted herein shall extend only to the owners of the real property, their tenants and their invitees who are accompanied by such owner or tenant. 6. No Nuisance. The parties agree that their use of the Facility shall be reasonable in time and manner. The parties shall not make use of the Facility at such times as would be offensive to the other party or create a nuisance to the adjoining land owners and shall use their best efforts to refrain from activities causing undue noise or disruption prior to 6:00 a.m. and after 11:00 p.m. 7. Condition of the Facility. The parties hereto acknowledge that they have inspected the Facility and accept the same in "as is" condition. Neither party shall have liability to the other for any damage to any person or property occurring on the Facility except to the extent of their own willful and intentional acts. All parties acknowledge that they, their guests, tenants, invitees, and designees shall use the Facility at their sole risk. Each party agrees to indemnify and hold harmless the other for any loss or damage of any kind, including attorney's fees relating to any claim for damage to person or property occurring by virtue of the use of the Facility by themselves, their guests, tenants or invitees. Any owner accepting a deed to the Crenshaw Property or the Ward Property shall be deemed to have accepted the indemnification obligation set forth herein. 8. Appurtenant Easement. This easement is appurtenant and runs with the properties described above. It shall be binding upon the parties hereto, their heirs, successors and assigns. 9. Entire Understanding. This Agreement constitutes the entire understanding between the parties. It may not be modified orally or in any other matter except by agreement in writing by the parties hereto. 10. Arbitration. Any controversy or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration pursuant to the Uniform Arbitration Act as adopted by the State of North Carolina and amended from time to time. All such arbitration shall be conducted in New Hanover County, North Carolina and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. 11. Construction, This Agreement shall be construed in accordance with the laws of the State of North Carolina. 3 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, .NC 284.0-1 Date R—t-d Date D.—IWd Cheek From(Neme) Name W Permh Holder Vendor Check number Check amount Permk NumbeNCommeM. R.—lot or Re/und/Realloeetad Columnl Column2 Column3 Cu­, Calumny ColumnB Column7 ColumnB I Column9 2/1912022Mitchell Hen - esl Citizens Bank 14B 200 Ob G 581 B rc . 9896