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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 ell' 7 Credit Union® ` - 2sgz P0491:086 14 3 20 L 791i' 57 66-7704/2531 1357 532Twrs+cd Dok., L.u�,.� 1 1-3 leverly Eaves Perdu ;ovemor 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 Yv �� o C�4c ed \ 12 5 o\ 2°' L ,Rome vwN x �x n fi*-Kw� 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�/ ( �_ Jv✓"' .a'"�1, � �•'�- 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, •J2b• 6p�J � ' , / FUJI /Og !- In U V O 27 x" 1 26 b / Q 5 0 so w \ N a3 8' hay. 4s•-w.5VE 00. 0 So 25 yo• ,v. \ Q4 CJ •] � l< 2TJ�9s3f i c `1• / � bti saa. 22 �& 0 / 2! 6, / a h9k 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 qQ op o� 00 0�0� �� ont QlIe 00ogx�' 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