HomeMy WebLinkAbout62592D - DonahuerCAMA/ ❑ DREDGE & FILL
3ENERAL PERMIT V Previous permit#
],New uModification 7—Complete Reissue ❑Partial Reissue Date previous permit issued
^ized by the State of North Carolina, Department of Environment and Natural Resources
.oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Liu
Rules attached.
tN�ame � 1( Project Location: County U nswi &L
r
.1 1 r) V Street Address/ State Road/ Lot #(s) � �" i
State {mil. ZIP 1' ` y — wlcarr t'. 1,aA Q
# ( ) Subdivision ,/`) O A-- /Wdy,
'/II iA ZIP Z I
CW EW PTA ❑ ES PTS Phone # �l > y'�3 `i dZ� River Basin Lu n4 1
❑ OEA ❑ HHF IH UBA ❑ N/A
Adj. Wtr. Body (nat
❑ PWS: ❑FC:
no PNA yes % Crit.Hab. yes F no Closest Maj. Wtr. Body
Yes
`�,
f Project/ Activity o 5ly'V7 t" r4 ! �
ck) length X to
,(s) 1 �X`` ,,Weryto
,ier(s)
ngth
tuber
d/ Riprap length
g distance offshore
uc distance offshore
cannel
bic yards
np
� 2 �
ise/ Boatlift X :J
dozing
ie Length Aa I 7
not sure yes %no
¢: not sure yes \ o
^ium: cn/a j yes no
^yes no
Attached: yes no
(Scale:
I �
ing permit may be required by: U� O 11 0
L1 i 1 `7 r '-. ". .
1 S ❑ See note on back regarding River Basin r
Applicant: 11� Permit #: � Z��C 2
Date:
l
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
ound in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL
INAL Feet
(Applied for.
(Anticipated final
(AppliedAnticipated
final
labitat Name
DISTURB TYPE Disturbance total
disturbance-
Disturbaisturbance.
Choose One includes any
Excludes any
total incljxcludes
any
anticipated
restoration
any anticistoration
and/or
restoration or
and/or temp
restoratiomp
impact
impacts)
impact amount)
temp impmount)
' , 1temp
00
Dredge ❑ Fill ❑ Both ❑ Othery M
Dredge ❑ Fill ❑ Both ❑ Others❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge 0 Fill 0 Both ❑ Other ❑
--OOPER
129
NC 28459
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Credit Union®
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66-7704/2531
1357
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NCDENtt
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
e James H. Gregson
Director
AGENT AUTHORIZATION FORM
ate: i 3
3me of Property Owner Applying for Permit:
ailing Address:
515 k3ders n DR.
�J C--
�-::-
Dee Freem,
Secreta
;ertify that 1 have authorized (agent) KYCIY1 C002 t to act on my
;half, for the purpose of applying for and obtaining all CAMA Permits necessary to install or
instruct (activity)
(my property loc
its certification is valid thru (date) A,0
Lot 18 - Waterway Oaks Subdivision
55 Joseph lJ s Donahue 59
& Wife, Lori" A. Donahue
OPTION #2
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
cCrory Braxton C. Davis John E. Skvarla, III
rnor Director Secretary
August 29, 2013
IED MAIL RECIEPT# 70110110 0000 3789 2204
�. Lewis, attorney for Joseph and Jacqueline Stevens
)x 1987
te, NC 28459-1987
1r. Lewis
:ter is in response to the objection, submitted by you, as an attorney representing James and Jacqueline Stevens.
bjection as an adjacent riparian property owner is to a permit request from Joseph Donahue for development
;ed at 532 Twisted Oak Lane, in Sunset Beach, Brunswick County and located adjacent to the Atlantic Intracoastal
Nay. Holley Snider, Coastal Management Field Representative, was on site on August 27, 2013 to evaluate the
applicant's request.
rmit applicant has requested authorization to construct a docking facility with a covered platform, floating dock
atlift. Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has establishes
or General and Major Permits for this type of development that are found in 15A NCAC 07H .1200 and 07H.0208
ve notified the Division of Coastal Management of your objections to this proposed development by letter
!d August 5, 2013. Your objections to this proposed development are related to the restrictive covenants for the
Nay Oaks Subdivision and the derogation of private easement that is adjacent to your clients' property. Your
on also pertains to the interest of all of the landowners related to the private easement and the required
ition process. DCM Field Staff determined on August 27, 2013 that the proposed docking facility would be
I approximately 35 feet from the property boundary shared with the 10 foot private walkway/easement that
)etween your client's property and the Donahue's property. DCM Field Staff also required that the Waterway
lomeowners Association be notified via certified mail of the applicant's pier proposal. A certified mail receipt,
for by Mr. Rich Cerrato of the Waterway Oaks Subdivision and dated August 9, 2013, has been provided with the
ition packet. Any alleged violation of the restrictive covenants for the Waterway Oaks Subdivision should be
d by the Homeowners Association and the specific landowner.
laving given careful consideration to your objections to this proposed development, we have determined that the
int's request is consistent with the Rules of the CRC and the State's Coastal Management Program, and that all
-..._..__ w_..- L.,. - --.o,c;-A TL.-f- rhn niwicinn of rnnctal ManaaPmPnt ICGIIPrI \lPnPral PPrmlt Nn. 62592-D
MARK A. LEWIS
Attorney and Counselor at Law
5101 Sellers Street - P.O. Box 1987
Shallotte, North Carolina 28459-1987
Telephone: (910) 754-7447 - Facsimile (910)754-7440
e-mail: marklewisna atmc.na�'
Licensed in North Carolina State Also licensed to practice in
Colorado
and Federal Courts since 1982
August 2, 2013
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Re: Joseph B. Donahue, 532 Twisted Oak Lane, Sunset Beach, NC 28468
To Whom This May Concern:
I am writing you on behalf of James and Jacqueline Stevens. They object to the plans
submitted on behalf of Mr. Donahue for a floating dock, pier, covered deck and boat lift.
Their objections are due to their allegations that the plans would violate the restrictive
covenants for the Waterway Oaks Subdivision and that Mr. Donahue is intending to construct
these improvements in derogation of a private easement which exists to the east of Mr.
Donahue's lot.
Since all of the landowners in the Waterway Oaks Subdivision have an interest in this
private easement, we believe all of these landowners should get notice of these plans with an
opportunity to object.
Thanking you in advance for your assistance, I remain
Sincerely yours,
MARK A. WIS, ATTORNEY AT LAW
BY:
4-1, n r o,,,,
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
fame of Property Owner:
Z30,
Adress of Property: J�
,pplicant's phone #: 336-2-1 0_ t IS 3
e.c-�' &0w
(Lot or Street #, Street or Road, City & County)
Mailing Address: t�eC�SOh �O,
hereby certify that I own property adjacent to the above referenced property. The individual applying for this pern
.as described to me as shown on the attached drawing the development they are proposing. A description of drawir
rith dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
f you have objections to what is being proposed, you must notify the Division of Coastal Management (DCIV
a writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive E
Nilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is
onsidered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distance
.5' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the
Lppropnate blank below.)
I do wish to waive the 15' set back requirement.
_ I do not wish to waive the 15' set back requirement.
Property Owner Information)
Signature
So kJ�
Print
or T e Name
2
SIS AnJecsdVt .
Mailing Address
j(Riparian o erty Owner Information)
S ature 1
Print or Type Name
sue. f(.1;444A ark L h .
Mailing Address
Ryan Cooper
910-443-4829
Dear Nn, �a YhPS f s� ��ei(1S S� O F Date � - 11 - 13
I amlx,;� `ec �A c�o� ���: r 0(X Re+�±Z6r oe Dona, ie,
Enclosed is an adjacent arian Owner Notification/Waiver form.
If you have no objections please sign the waiver and return it in the stamped
envelope provided.
At anytime if you have need of my product and or service please don't hesitate to
can.
Thank you in advance for your speedy attention to this matter.
Sincerely,
Ryan D. Cooper
30 ,Ef7'
29
AV
ti\�
28
MAP OF
° l w
- WATER WAY ' OAKS
SUNSET TOOT TO
AT SUNSET BEACH A C
CNORD OGTA
So�� �Loof 9/1z/y r �3
_
Q 1
�� INV� rn1 0�1 3., V� J
I�
G. S33'L56:42" W
B. s36::132*348-W
0.S63•.35'_57W
E.S83•_34.14'W
F. N83•.39' 32'W
G. S 79 : 24'.35 - W
H N67•_ 49.10- W
L. N86!06•.37- W
120:97,
7& 0:
49.58'
a7.60'
29.99
57.00'
78-53,
59.71' '
Uwl�1�.
w nA J�/ ( �_
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J. Ne4! s,.5t- w
K Se9•_so-42- W
L,N79•.13:o4-W
36.00'
13.83'
6t4r
3/
II. NG3•.3Y.47—W
& NO3•-29=32- W
0.N67454'-23-W
13.03'
53.00•
46.45'
_
P. N 34 % 31 •. 21- W
44.90,
0. N 31•. 40'. 46- W
R.NdZ!47'.01-w
71.69'
9.02,
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1p20 CENTERLINE CURVE DATA
1 • G 80-12-45, PAD. 1:
2. 0 25-31-46, PAD. 21
19 o+ ,/ /� Ov 3• O 11-22-56, RAD. 2f
'� f+' • 4. A 31-10-40, RAD. If
oto° 5. 0 52-12-07, RAD. 7
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7971 394
0
AAMMM ENT TO Q LIM
-3 Pil 47
DECLARATION OF CO AND RESTRICTION
o
0� AKS
THIS AS AH AMENDMENT to the WATER AKS DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS as appears in Deed Book 970,
page 582, at seq., of the Brunswick County Registry and is made
this the 3rd day of March 1994 byoCF-VI RIDGE FARMS, INC., a North
Carolina Corporation with offices at Ocean Isle Beach, North
Carolina, hereinafter called the Developer:
wITHESSETH
The wATERWiV AKS DECLARATION OF COV , CONDITIONS AND
RESTRICTIONS are d�corded in Dee 582, et seq.,
of the Brunswick Coun E--Ikereof provides
among other things: �o■ ��_)./mended art during the
This De4f�
(]�
first twyear by �A signed by not
less thaty percen�?=A Lot Owners, .....•
And whereas, the Developer, ownin4—ii6ili, that sixty percent
(60i) of said lots, deems it expedient to amend the Declaration;
and the Developer by this amendment and the authority contained in
ARTICLE XVI of the Declarations, does hereby amend the Declaration
as appears in Deed Book 970, Page 582, at seq., in the following
manner:
AMENDMENT ONE 0(}0062
Under ART 11 B. add the followin Q regraph:
C. No more than of
of all be covered
by at and/or P -- g walkways or patios
qQ �p
,g(n
is � �
o
971 395
IN TESTIMONY WHEREOF, OCEAN RIDG£ FARMS, INC., has caused this
instrument to be executed in its corporate name by it President,
attested to by its Secretary, and its corporate seal to be hereto
affixed, all by order noirits
aBoard
fDirectors first duly given,
this the day and y�r
k
JR., Es dent
ByV4RIDMS, INC-
seal)
seal) J lUl�vl NJG7��1�17C�'�GJL1
G EG Y �-OR
, Secretary
STATB OY WORTH CAROLINA
COUNTY OR BRUNGWIC�1
I, ma'0. ?- , a Notary
Public 4nand for and Sta fy that on
sad Y r e personally
the day of ffvlKh with whom I am
appeared b a my sworn, says that he is
personally acqua a Ore a is
President and that FARMS' l� corporation escriba in
Secretary of OC ; V' e knows the
and which executed the eornthat" . that haffixed to the
common seal of said corporation;
foregoing instrument is said common seal; tha he name of the
corporation was subscribed thereto by the said President; that the
said President and Secretary subscribed their names of thereto
e e to and toe
said common seal was affixed, all by
order Directors of said corporation; and that the said instrument is the
act and deed of said corporation.
WITNESS hand and notarial seal,
this the � day of
�11G►rGh
e- GRA4 �CJ I7 tQiv
? : •j'sta�7��a1)
Lot "I b — Waterway Uaks Subdivision
55Joseph B. Donahue "
& wife, Lori' A. Donahue
'TION #2
0 \ Coco
vered \ �
213'
CPS P� W P-�ERW P
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
r-ti I
DCM
�a�k- � . �-ew►s s
tciS-4
a1 , HC Zvi- l-Iclq
A.
❑ Agent
X p ❑ Addressee
B. Receive y (Printed ame) C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
;v EVVVe Lqe blivery address below: ❑ No
LMINGTON, NC
o ti 2013 ca
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7 011 0110 0000 3789 2204
(Transfer from service label)
PS Farm 3811, February 2004 Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
�1C� cle- (-
W;s Lane
�S� ✓ISM' I4�'`i �j C
102595-02•M-1540
A. SiTai2a
,❑Agent
X ❑ Addre
CQ�DeIB. Re eivedy(
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
❑ certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7010 3090 0003 7162 9848
(fiansfer from service label) _
PS Form 3811, February 2004 Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
A. -64gnature A, /
B. Received%y (Printed Name)
102595-0240-1540
❑ Agent
❑ Addre
D. Is delivery address different from item 1? U Yf
■ Complete items 1, 2, and 3. Also complete A. Si nature
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. ■ B. a eived by
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Sa-� eS F. S`�2V e�►S
7rw
Svvi.s-et &qc iN-
"�IwG8'
❑ Agent
❑ Addressee
D. Is delivery address different from item 1? Ye,,
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7013 0600 0002 2604 1983
(Transfer from service /abed
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to: �Q
P,Qt
-95-6 7
A. Signature
X2, C
Agent
ecely bye Pnnte� ame) C. Date of Delivery
PL'5-1 3-
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: „ C No
3. Service Type
Aa Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7013 0600 0002 2604 197.Ja
(Transfer from service labay —
PS Form 3811, February 2004 Domestic Return Receipt