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HomeMy WebLinkAboutTBEX22-04-BRA,EROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Robert Brame 2863 S Jim Minor Road Mebane, NC 27302 NORTH CAROLINA Environmental Quality February 16, 2022 RE: EXEMPTED PROJECT (MINOR) EXEMPTION Structural Accessway (15A NCAC 7K .0207) — Exemption# TBEX22-04 Lot 19 Ocean Blvd., Topsail Beach, NC AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC Dear Mr. Brame: I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an application for a minor development permit under the Coastal Area Management Act. Based on the information provided, I have determined that the activity you propose is exempt from needing a minor development permit as long as it remains consistent with your site drawing dated received by DCM on July 20, 2022, and meets the conditions specified below. If your plans should change and your project will no longer meet these conditions, please contact me before proceeding. STRUCTURAL ACCESSWAY EXEMPTED 1. The accessway must not exceed four feet in width and shall provide only pedestrian access to the ocean beach. 2. The accessway must be constructed to make negligible alterations to the frontal dunes. This means that the accessway must be constructed on raised posts or pilings of five feet or less in depth, so that wherever possible only the posts or pilings touch the frontal dunes without any alteration to the dunes. In no case shall the frontal dune be altered to significantly diminish its capacity as a protective barrier against flooding and erosion. 3. Construction of the accessway be shall consistent with all other applicable local ordinances and N. C. Building Code standards. 4. No portion of the proposed walkway may extend beyond the seaward toe of the Frontal Dune, nor shall it extend onto the wet sand beach. The walkway shall terminate as close as possible to the toe of the existing frontal dune. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or Local authorization. This exemption expires 120 days from the date of the letter. cerely on 1 Field Representative cc: DCM — WIRO Stephanie Moore — Topsail of Topsail Beach uerr� cnao�rw o.p.r�� a rw.uu..ew arty North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%.7215 Dail, Jason From: Bob Brame <bob@holoquest.org> Sent: Friday, July 29, 2022 9:55 AM To: Dail, Jason Subject: Re: [External] from Bob Brame - Topsail Crossover Good morning, My mailing address is: Robert M Brame 2863 S Jim Minor Road Mebane, NC 27302 Thank you! Best -Bob From: Dail, Jason <jason.dail@ncdenr.gov> Sent: Friday, July 29, 2022 8:51 AM To: Bob Brame <bob@holoquest.org> Subject: RE: [External] from Bob Brame - Topsail Crossover What is your mailing address please? Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax. (910)395-3964 Jason. DailOncdenr. go v !'✓7Jothing Compares.-.._ *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bob Brame <bob@holoquest.org> Sent: Thursday, July 28, 2022 4:37 PM To: Dail, Jason <jason:dail@ncdenr.gov> Subject: Re: [External] from Bob Brame -Topsail Crossover 1 Thank you Jason. Should I look for that here by email? Best - Bob From: Dail, Jason <iason.dail@ncdenr.gov> Sent: Thursday, July 21, 2022 8:50 AM To: Bob Brame <bob@hologuest.org> Subject: RE: [External] from Bob Brame - Topsail Crossover Thank you sir. I will follow up with an exemption in the near future. Take care, jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax. (910)395-3964 Jason. Dail @n cd enr. go v PC. -^^Nothing Compares..,..._ *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bob Brame <bob@hologuest.org> Sent: Wednesday, July 20, 2022 5:30 PM To: Dail, Jason <iason.dail@ncdenr.gov>; Bob Brame <bob@hologuest.org> Subject: [External] from Bob Brame - Topsail Crossover Hi Jason, Here is the property owner ( Fran Scharf ) approval of the crossover construction that we submitted to you. I hope this satisfies your request. Should I expect something from you now? Thank you. Best - Bob Brame 919-260-7906 2 II II I I . . .. •III.,III ar(I1. �3�1�I �II II I �I.�, I.IIII'I Illl 111 Q4 ,L�'.y Sharo'A411121-G00LW-2* ey, RRRaptsttter of Deschpage 1'of•3013P.ROP . • DECLARATION OP PEDESTRIAN EASEMENT . STATE"OF NORTH CAROLINA COUNTY OF PENDER .:. THIS DECLARATION OF PEDESTRIAN EASEMENT is made.this:llth d$yof m Noveber, 2013,.by BRAMCO PARTNERS, a North Carolina Limited Partnership, being_ hereinafter referred to as "D.eclarant": WITNESSETH: WHERFJIS, the Declarant is the owner of one tract or parcel of land situated in Topsail Township,.Pender County, North, Carolina, being more particularly described as Lot 19, in Block 35 of a subdivision known as-Nemi Topsail'Beach; as shown on map:recorded in' Map Book 4, Page 2, Pende .County, North Carolina, being hereinafter referred.to as -the "Servient Tract";.and and . WHEREAS, the Declarant is also the owner of three (3) separate tracts •or parcels. of land situated in close proximity to the'Servient Tract, in Topsail Township, Pender County; North Carolina, being niore particularly described as Lots 9,11 and 13; Block 39 of a subdivision known as New,T•opsail Beach, as shown on map recorded in Map Book 4, Page Z, Pender.County Registry, North Carolina, being hereinafter referred to as the "Dominant Tracts"• .. ... WHEREAS, Declarant.desire's to establish and create a. perpetual,non-exclusive,, private, pedestrian walkway easement over and upon a portion of the Servient Tract, as hereinafter.described, for the use and, benefit of the owners, their invitees:and guests, of the . Dominant Tracts. NOW, THEREFORE, in consideration of the:premises, the Declarant hereby grants :a perpetual, -non-exclusive pedestriani walkway' easement, four (4) feet in width, for . pedestrian travel over, across and upon that certain four (4). foot wide strip or parcel of wand described as follows: . . .• • . ... DECEIVE® . :.JUL 2 ® fig DCM W,LMING OIN, II IIIIIIII IIIIIIIIIIIIIIIIIIIIII�II Bharon•.L 1 t2-03-61.O I I B35n �luillouphbOjpw Pander County, NC Register of Doods, page 2 of 3 See Exhibit "A" attached hereto and -made a part.hereof 'This.petpetual, non-exclusive pedestrian easement shall be appurtenant to and run with the lands of the owners of the Dominant Tracts, individually, and collectively, shall be binding upon the.Deelarant, their heirs, grantees and assigns of the Servient.Tract. IN WITMESS .WHEREOF, the Declarant has duly executed the foregoing as of the. day and year first above•written. BRAMCO PARTNERS (SEAL) E' JAMES B. B E,'JR: (SEAL) BY: RANDAL A. BRAME (SEAL) BY: ROBERT M.-BRAME STATE OF NORTH CAROLINA COUNTY OF DURHAM i certify that JAMES B. BRAME, JR.; RANDAL A. BRAME AND ROBERT M. BRAME, personally appeared before me this day; each acknowledging to me that he or she voluntarily signed the: foregoing document for the purposes stated therein and In the capacity(ies) indicated: iuD,Foy,,�� ' Date: OV her 21 , 2013 d p%•� ... `�ia�►avl,�.l,� (0jfJcia1Sig tore ary) .PUBLIC, MAMERY I TECK/ (Notary's printed or typed name) ^ (Oj)icPt7lI9or. Seat) My commissionexpires: J�IOVQYNIDPX 8� oC�(�p RECEIVED JUL 2 0. 2V2 DCM WILMINGTON, NC }. �III�III`IIII�`IIIIll�llIIll`llRW 12-03-273M1214 49-.51 M j33of �M3 D IIIIRegister :. EXHIBIT "iAo 4' Acce§s Easement Commencing at a found mag nail at the centerline intersection of Clark Avenue and Ocean Boulevard and following the centerline of Ocean Boulevard. S 44136'17" W a distance of 480i3l'to a set ma nail; . Thence leaving said centerline S 15018,92" E a distance of 46.88' to a found iron stake orrthe easternmost right of way:of Ocean Boulevard, at the southwest corner of Lot. 19 Block 35, New Topsail,Beach as recorded, in Map Book.4•Page 2, and THE TRUE POINT OF BEGINNING; Thence from said beginning -and running along the so ithemmost line of Lot.19 , S 45 46'43" E 4-distance of 95:65' to, a found iron stake; Thence'continuing along the southernmost line'of Lot 19 S 45046'43",E a distance Of approximately 6.611to the Atlantic Ocean; . Thence along the Atlantic Ocean N 39 °43'25' E a distance of 4.01' to a computed point; Thence leaving the Atlantic Ocean,' and running 4 north of.and parallel to the southernmost line of Lot 19; N 45°46'43" W a distance of 102.01' to.a computed point on the easternmost right,of.way of Ocean Boulevard; Thence along the easternmost,right of way of Ocean " Boulevard S 43019'52" W a disfance'of 4.00' to the point of beginning. Being -a 4' wide, access easement from'the easternmost right of way of Ocean' Boulevard to the. waters of the Atlantic Ocean across Lot 19 Block 35 per Map book 4 Page 2 and shown in Deed Book 765 Page 180. RECEIVED • JUL 2' 0 202 ®CM WILMINGTON, NC [ ADJOINING PROPERTY OWNED BY LARRY AND FRAN SCHARF ] ROOD FLOOD VANE ZONE NORTHEAST PROPERT -UNE VE 16 VE 17 NORTH DRAWING NOTES <— [ OCEAN BLVD THIS. [ ATLANTIC OCEAN THIS SIDE OF PROPERTY) > LIGHT GRAY SHADING DENOTES PROPERTY FOOTPRINT SIDE OF PROPERTY ] > MEDIUM GRAY SHADING DENOTES BUILDING AREA DEFINED BY MINIMUM BUILDING LIMIT SETBACKS > DARK GRAY SHADING DENOTES CROSSOVER DECKING.. > 0 SQUARE FEET OF IMPERVIOUS SURFACE TO BE CREATED > ALL DECKING'UNCOVERED . ....... > ALL PILINGS 5 1/2"X.5 1/2" UNLESS.OTHERWISE NOTED : 0 ' > ALL STEPS ARE 7,1/2" HIGH WITH 11" TREAD DEPTH INCLUDING 1" OVERHANG; UNLESS. OTHERWISE NOTED c _ ' > TOTAL FOOTPRINT: 166.25 SQUARE FEET. .. I' . _ F . MBL > GEOGRAPHY REFERENCED FROM SURVEY PREPARED BY ' 60.17' SE PROPERTY LINE Z L� M GAIRY I. CANADY AND DATED'OCTOBER 1, 2013 C . -_ .. . . LOT 19, BLOCK 35: PROPERTY OWNED BY. CARRY AND RAN SCHARF ] LANDING ABOVE TOP OF DUNE 30' 71/2' ABOVE GRADE (STREET SIDE) 9' 41/2" ABOVE: GRADE (OCEAN SIDE) TOE OF.DUNE : TOP OF DUNE GATE . MBL . - . 4'ACCESS EASEMENT. P Til P D p 42" ff �.. SOUTHWEST PROPERTY LINE 1 STEP 5 T, 6" RAISED LANDING -. 7 TREADS 7 TREADS B TREADS S TREADS 8 STEPS 8 STEPS 9'STEPS6 STEPS DRAWING SCALE: 1" - 10' (1 INCH = 10 FEET) (ADJOINING, PROPERTY OWNED BY SEA VISTA ] . 4' 8' , IT 16'.. . .