20200209 Ver 1_CAMA Application_20200207

2.
3.
4.
5.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Brian Smrz
LOCATION OF PROJECT SITE: 1701 N Lumina Ave, Wrightsville Beach, New Hanover County
adjacent to the Sunset Lagoon canal of Middle Sound
LATITUDE: 34` 13' 06.25" N LONGITUDE: 77` 47' 19.00" W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE:
PROCESSING PROCEDURE
Date of Site Visit:
Applicant/Agent Present:
Application Received:
Application Completed:
Office:
6. SITE DESCRIPTION:
(A)
Local Land Use Plan: Wrightsville Beach
Land Classification From LUP: Residential (R-1)
(B)
AEC(s) Involved: EW & PTA
Water Dependent: YES
(C)
Intended Use: Private Residential Docking Facility
(D)
Wastewater Treatment: Existing — Municipal
Planned — N/A
(E)
Type of Structures: Existing — Bulkhead,
Planned — Pier, Fingi
(F)
Estimated Annual Rate of Erosion: N/A
December 6, 2019
NO
November 26, 2019
January 23, 2020
Wilmington
Piers, Floating Docks, Gazebo, Boatlift
r Pier, Gazebo, Floating Dock, Boatlift
7. HABITAT DESCRIPTION: [AREA]
DREDGED EILLED
OTHER
(A) Uplands
N/A
N/A
N/A
(B) Vegetated Wetlands
N/A
N/A
N/A
(C) Open Water
N/A
N/A
1,091 ft2
(Incorporated)
(D) Total Area Disturbed: 1,091 ft2 (0.03 Acres)
(E) Primary Nursery Area: NO
(F) Water Classification: SB; #
(G) Shellfish Harvesting Open: NO (Closed)
8. PROJECT SUMMARY: The applicant proposes to remove an existing three slip private residential
docking facility and construct a new five slip private residential docking facility into the Sunset Lagoon
canal of Middle Sound in Wrightsville Beach, New Hanover County for a total of nine (9) boatslips at this
location.

Brian Smrz
Page 2
9. PROJECT DESCRIPTION
The project site is located at 1701 North Lumina Avenue, adjacent to the Sunset Lagoon canal of Middle
Sound in Wrightsville Beach, New Hanover County. To locate the property, travel east on Eastwood Road
(US Hwy 74) from Military Cut -Off Road (US Hwy 17) toward Wrightsville Beach. Go over the drawbridge
onto Wrightsville Beach and turn left onto West Salisbury Street. Travel approximately 1.2 miles on West
Salisbury Street crossing the second bridge over Banks Channel until you reach the intersection near
Johnnie Mercer's Fishing Pier. Turn left at the light onto North Lumina Avenue and drive approximately
a quarter mile and the destination will be on your left.
The applicant currently maintains a single family residence and private residential docking facility on the
project site. There are two (2) private residential docking facilities located on the property, with the
southern facility owned by Sunset Lagoon Investments Properties, LLC. through an easement on the
parcel permitted under State Permit No. 95-00 issued on June 29, 2000. The property is adjacent to
residential properties with existing single family structures and private docking facilities. Highground
vegetation consists of lawn grasses and ornamental landscaping. The lot is approximately a quarter acre
in size and has an average elevation of approximately 4' above normal high water (NHW). The project
site has approximately 300 linear feet of shoreline frontage stabilized by an existing bulkhead, which
meets NHW. There are Coastal Wetlands consisting primarily of Salt Marsh Cordgrass (Spartina
alterniflora) located at the southern end of the Riparian Corridor at the Sunset Lagoon Investment
Properties, LLC. private residential docking facility This separate existing docking facility incorporates
approximately 901 ft2 and accommodates four boatslips within the Estuarine Waters & Public Trust Areas
AECs. Coastal Wetlands are not present waterward of the bulkhead near the single family residence at
the northern end of the Riparian Corridor where this water -dependent development is proposed with this
application.
The applicant currently maintains an existing three slip private residential docking facility within the
Sunset Lagoon canal of Middle Sound permitted under State Permit No. 104-03 which was issued on
July 23, 2003 (see Existing Riparian Survey for The Smrz Trust sealed on January 22, 2020 and dated
received January 23, 2020). A fixed access pier, measuring approximately 40' x 6', extends in a westerly
direction from the existing bulkhead. At the end of the fixed access pier to the south is an existing boatlift
measuring approximately 13' x 14'. At the opposite end of the fixed access pier to the north, an access
ramp leads onto an existing 26' x 6' floating dock parallel with the shoreline. The existing three slip private
residential docking facility meets the Town of Wrightsville Beach's Established Pierhead Line.
The Town of Wrightsville Beach CAMA Land Use Plan classifies the highground area of the project site
as Low -Density Residential (R-1) and the adjacent waters as Conservation. The waters in the project
area are classified as SB; # (Wrightsville Recreational Area) by the Division of Water Resources. They
are NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and they are
CLOSED to the harvest of shellfish.
10. PROPOSED PROJECT
The applicant proposes to remove an existing three slip private residential docking facility and construct
a new five slip private residential docking facility into the Sunset Lagoon canal of Middle Sound in
Wrightsville Beach, New Hanover County for a total of nine (9) boatslips at this location. A proposed fixed
access pier would extend perpendicularly in a westerly direction from the existing bulkhead near the
single family residence at the north of the Riparian Corridor measuring approximately 16' x 6' (see Sheet
1 of 3). At the end of this fixed access pier extending perpendicularly to the south would be a proposed
fixed access finger pier measuring approximately 22' x 6'. At the end of the fixed access finger pier would
be a proposed covered fixed platform (gazebo) measuring approximately 14' x 14'. An access ramp
attached at the end of the fixed access pier would lead onto a proposed floating dock measuring

Brian Smrz
Page 3
approximately 41.5' x 12' oriented parallel with the shoreline providing four boatslips. Adjacent to this
floating dock to the north would be a proposed uncovered boatlift measuring approximately 13' x 13'
providing the fifth boatslip. Water depths in the vicinity of the proposed boatslips range from -5' to -8' at
normal low water (NLW) as reported by the applicant. The proposed five slip private residential docking
facility would not encroach into the Town of Wrightsville Beach's 15' drainage easement located within
the applicant's Riparian Corridor nor extend past the Town of Wrightsville Beach's Established Pierhead
Line. The proposed docking facility does not encroach into either 15' Riparian Corridor Setback.
11. ANTICIPATED IMPACTS
The proposed five slip private residential docking facility would incorporate approximately 1,091 ft' of
Estuarine Waters & Public Trust Areas AECs. The proposed 5 slip private residential docking facility
would shade approximately an additional 601 ftz to these AECs and would not exceed the 8 ft2 per linear
foot of shoreline rule. The width of the waterbody measures approximately 203' from the existing
bulkhead to a center point at the end of the Sunset Lagoon canal. This was determined by (1) an
Agreement resolving riparian rights ("Riparian Rights Agreement"), which was recorded in 1998 at Book
2330, Page 953 of the New Hanover County Registry, and (2) an Agreement to Establish Riparian
Corridors ("Riparian Corridor Agreement"), a survey of which was also recorded in 1998 at Book 2330,
Page 961 of the New Hanover County Registry. The Existing Riparian Survey for The Smrz Trust sealed
on January 22, 2020 and dated received January 23, 2020 reflects the Riparian Corridors within the
Sunset Lagoon canal in Wrightsville Beach created by these Agreements. The proposed five slip private
residential docking facility would not encroach into the Town of Wrightsville Beach's 15' drainage
easement located within the applicant's Riparian Corridor nor extend past the Town of Wrightsville
Beach's Established Pierhead Line. The proposed docking facility does not encroach into either 15'
Riparian Corridor Setback.
Submitted by: Tyler McGuire Date: February 6, 2020 Office: Wilmington

ECEIVE
DEC 3 0 2019
■■N Brian Smrz
805-657-0077 Email- briansmrz®mac.com 725 Larchmont St. Simi Valley Ca. 93065
December 24, 2019
NCDEQ
127 N. Cardinal Drive
Wilmington N.C.28405
The enclosed revised CAMA Major Permit Application is to build anew pier with covered
roof and floating dock with boat lift. Original application was filed 10/21/19. The pier will
be 6' wide and 16' long leading to a 12' x 41.5' float. The boat lift will be placed at the
western end of the float. There will be a 6' x 22' entrance way off the main pier to a 12' x
12' deck with a 14' x 14' roof. The dock will be private and for family use and guests only.
L,.'"'"
Brian Smrz
RECEIVED
DEC 3 0 2019
QCM WILMINGTON, NC

®c►s MP-1
APPLICATION for
aior Development Permit
(fast revised 12/27100)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(Landowner information
Business Name
Project Name (if applicable)
Applicant 1: First Name
%3r/�Zl1
MI
Last Name
.S�i rz-
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional pages) with names listed.
Mailing Address
o2S�i
PO Box
City
��/
State
ZIP 2
93©6.r
Country
I U f A?
Phone No.
�dS S�O SJr40 ext.
FAX No.
Street Address (t different from above)
City
State ZIP
Email
6 );dn ; r.z & mac. coop +
2. Agent/Contractor Information
Business Name
.%6'ti P' .G' .�r
;?rt..)v*
Agent/ Contractor l: First Name
MI
Last Name
Agentl Contractor 2: First ame
MI
Last Name
Mailing Address
PO Box
11291
City
Gt1.ls�cwg,., ,n
State
/V, e,
ZIP ��//
�gT�d
T
Phone No. 1
Phone No. 2
-
(`� -
�� -�1i3 xt
- - ext.
FAX No.
Contractor#
Street Address fit different from above)
City
State ZIP
Email)
r ` / "r r HL:QEIVED
<Form continues on back>
NOV 262019
252-808-2808 :: 1-888-4RCOAST :: www.nccoe.staimanaget=M.MLMINGTON, NC

Forril DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
er
IZZdlr i,li ve ,
Subdivision Name
city {(//��/, // �,y�//
it �Uf-�i'r
State
��0
Zip Jn �f�j
-,29
xlAle
Phone No.
Lot No.(s) (if many, attach additional page with list)
DS 5,26 �5"SOo ext.
a. In which NC river basin is the project located?
b. Name of bodyy oofwater near t to proopoo{S�d project
/l-f ✓�t�/
c. t e water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
Natural ❑Manmade []Unknown
e. Is proposed work within city limits or planning jurisdiction?
Yes No
❑
f. if applicable, list the planning jurisdiction or City limit the proposed
work�fa swRhln. /
�
GUr/
aut
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
i
t
b. Size of entire tract (sq.ft.) t
-r.
ya
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
�
lot h list)
N1NL (normal waterleveq
if HW or ❑NWL
(If many sizes, please atta additional page with a
e.
Vegetation on tract
q
f.
Man-made features and uses now on tract
1� 1aA l ' Ae5 Owe e
g.
Identify and describe the existing land uses adiacent to the proposed project site.
/ jr/4 e- 11040e Y
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
p a'ry/j,�o y/� < `
( tt h zoning compliance certificate, if applicable)
j.
Is the proposed activity part of an urban waterfront redevelopment p osal? Oyes No
k.
Has a professional archaeological assessment been done for the trail? If yes, attach a copy. []Yes No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes o []NA
National Register listed or eligible properly?
m r-U I V Gu
<Form continues on next page>
NOV 2 6.2019
r,rr,n tnnl rtAlhlf]Trlhl NR
252-808-2808 :: 9-888.4RCOAST

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes o
(ii) Are there coastal wetlands on the site? ❑Yes *0
(III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No
(Attach documentafion, if available)
n. Describe existing wastewater treatment facilities.
r69WA S"eoer
o. Describe existing drinking water suppi source.
co V1
p. Describe existing storm water management or treatment systems.
L . GL. Q -
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
grivatelCommunity
b. Giv/ee aaf'}brief Df,our/ipoose, use, and daby operations oflhe,woject when cam,Nete.
ide)scnptim
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
d. List all development activities you proposee. _)
eex
-)>Att-k-
U' J.t 14
r r'
e. Are the proposed acdvRlee maintenance of an existing project, nwv wok, or both? gyicere //yK•,
�fd
f. What is the approximate total disturbed land area resulting from the proposed project? _ ❑Sq.Ft or ❑Acres
g. Will the proposed project
encroach on any public easement, public aecessway or other area ❑Yes o ❑NA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
/J0'n e-
i. Will wastewater or stormwater be discharged Into a wetland? ❑Yes o ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? Dyes o DNA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> NOV 2 6.201q
n .M WILMINGTON, NC
252-608.2808 .. 7.888.4RCOAST .. www.ncConstalmonagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
packaga to be complete. Items (a) — to are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below
a. A project narrative.
b. An accurate, dated work plat (Including plan view and cross-sectionat drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? if previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c A site or location map that is sufficiently detailed to guide agency personnel unfamil ar with the area to the site.
d. A ropy of the deed (with state application only) or other instrument under which the applicant claims bids to the effected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comm is n th pro 'posed project to the Division of Coastal Management.
Name �f(l(�Qi�/ViVC6
%'1 �" ®� _— Phone No. Address a,%7 trace /c<�`/ •C:' '�r7 /
Name 'W 02 ,d e ;;��//�� ptl� sOPhone No.
Address/-91141 7��i G(ltfU/��3wCcL1+ C ��8o
Name S�lh2 5 S!J(GG� Phone No.
AddressG20
g. A list of previous state or fe rat permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization forth, if applicable. SIX>
i. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by pmperty owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. i 13A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
1 understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that 1 am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify Pat tit information provided in this application is truthful to to best of my knowledge.
Date v Z/ Print Name // l
Signature
IF
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
Y
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DEC 13 2019
DCM WILMINGT©N, NC
292.808.2608 .. 1-888.4RCOAST .. www.nccoastalmanagetment.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a, (i) Is the docking facility/marina: ��` ///
❑Commercial ❑PublictGovemment f�Private/Community
c. (i) Dock(s) and/or pier(s)
(it) Number
(iii) Length
16' 41.5'
(iv) Width
6' 12'
(v) Floating
Ayes Oo
e. (i) Are Platforms included? M'es []NO
If yes:
(III Number
r
(iii) Length A�—
(iv) Width
(v) Floating ❑Yes *0
Note: Roofed areas are calculated from dripline dimensions.
g. (I) Number of slips proposed
5
(if) Number of slips existing
3
I. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
b6pen water; no dredging required
❑Other; please describe:
❑This section not applicable
fee
b. (i) Will the faci �ty
be open to the general public?
❑Yes
d. (i) Are Finger Piers included? Xes []No
If yes:
,
(ii) Number
_
(iii) Length
(iv) Width
_
(v) Floating
[]Yes )VNo
f. (i) Are Boatlifts included? gas ❑No
If yes:
Number
(it)
(iii) Length
13r
.
(iv) Width
1 T
In. Check all the types of services to be provided.
❑ Full service, including travel lit andlor rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats: _
[J Boat ramp(s); number of boat ramps:
Other, please describe:
�i`va �c Qe ck
j. Describe the typical boats to be served (e.., open mnabout,
charter boats, sail boats, mixed types).
i1
k. Typical boat length: i. (i) Will the fa i e open to the general public?
[]Yes No RECEIVED
m. (i) Will lh fa ility have tie pilings?
❑Yes No DEC 3 0 2019
(ii) If ye u bar of tie pilings?
0CM WILMINGTON, NC
252-808-2808 :: 1.888.4111COAST :: www nceonstaimanagement.net revised: 12/27/06

Vorm DC M MP-4 (Structures, Page 2 of 4)
2.. DOCKING FACILITY/MARINA OPERATIONS Phis section not applicable
a. Check each of the following sanitary facilities that will be included in the propoped project.
❑ Office Toilets
❑ Toilets for patrons; Number. _; Location:
❑ Showers
❑ 8oatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
III) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. t49tere will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project Is an expansion of an existing marina, what types of services are currently provided?
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
[]Yes ❑No
RECEIVE
DEC 3 0 2019
DCM WILMINGTON, NC
252.808-2888 :: 1-888-4RCOAST :: www.nccoastalmanag_e+nenk. net fevised: 12 2-1 al,

V�or Ee I)CM IliP.al ('structures, Pipe 3 of ri-)
n. Is the ma�ddn,[aa/docking facility proposed within or adjacent to any shellfish harvesting area?
Oyes )(INo
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
OCW OSAV OSB _
OI1p lWL one
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? DYes mo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3, BOATHOUSE (including covered lilts) his section not applicable
a. (i) Is the boathouse structure(s):
OCommercial ❑PubliclGovemmerd ❑Private/Community
(ii) Number
(in) Length _
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e_g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) his section not applicable
a. (I) Number
(h) Length
(iii) Width
16. BREAKWATER (e.g., wood, sheetpile, etc.) I,p'lhis section not applicable
a. Length _
c. Maximum distance beyond NHW. NWLor wetlands
b. Average distance from NHW, NWL,
16. MOORING PILINGS and BUOYS Vhis section not applicable
a. is the stmcture(s):
OCommercial OPUbhclGovemmem OPdvatelCommunity
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Are of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DEC 3 0 2019
DCM WILMINGTON, NO
3'�I •Ln B-28a8 ;; 1-808.4RCOAST ;: lilvi. - .

Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of structures) to adjacent riparian property lines
r�2 1
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
r' 366 t
e. (i) Will naw atonal aids be required as a result of the project?
❑Yes JrQy�''JNo []NA
(ii) If yes, ex' plain what type and how they will be implemented.
b. Proximity of structures) to adjacent docking facilities.
d. Water depth at walerward end of structure at NLW or NWL
+Sr
I8.OTHER ❑ This section not applicable
a. Give complete description:
12' x 41.5' Float
3Xi/ A/>rokaw/"e
/4x
�o/ai l9
Date d
13nla�l �rn &z
Project Name
Appliclfr
ant N
Applicant Silj'nature
R150SIM
DEC 3 0 2019
DCM WILMINGTON, NC
252-808.2803 :: 1.888-4RCOAS7 :: www.nccoastaimanage_ment.net revised: 12/27/06

0
NORTH CAROLINA
Environmental Quality
February 7, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Brian Smrz / New Hanover County
• Adam Derbyshire / New Hanover County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal Management
Hello Angie: Please publish the attached Notice in the Wednesday, February 12, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have an;, questions, please contact me at our Wilmington
office.
& Customer Assistance
cc: MHC Files
Gregg Bodnar— WiRO/MHC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On January 23, 2020 Brian Smrz proposed to remove an existing
three (3) slip private docking facility and install a new five (5) slip private docking facilityfor a total of nine
(9) boatslips at 1701 N. Lumina Ave., adjacent to Sunset Lagoon, in Wrightsville Beach, New Hanover County,
and on February 5, 2020 Adam Derbyshire proposed to construct a new four (4) slip private docking facility
at 302 Waynick Blvd., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. Copies of
these applications can be examined or copied at the office of Tyler McGuire, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone]
during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to March 4, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.

ROY COOPER NORTH CAROLINA
Governor Enrlronmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS February 6, 2020
Director
Pippin Marine Construction, LLC.
c/o Trip Pippin
PO Box 11291
Wilmington, NC 28404
RE: CAMA Major Permit Application
Brian Smrz
1701 N. Lumina Ave, Wrightsville Beach, New Hanover County
Dear Mr. Trip Pippin,
The Division of Coastal Management hereby acknowledges receipt of your application on November 26, 2019,
acting as agent for Brian Smrz, for State approval for major development located at 1701 North Lumina Avenue in
Wrightsville Beach, New Hanover County, adjacent to the Sunset Lagoon canal of Middle Sound. The application
was accepted as complete on January 23, 2020 and appears to be adequate for processing at this time. The projected
deadline for making a decision is April 7, 2020. An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from January 23, 2020, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such
a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant.
NCGS 113A-I 19(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point rJong your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tyler McGuire
Environmental Specialist
cc: Gregg Bodnar, DCM
Jonathan Howell, MHC
Tony Wilson, LPO
USACE
Robb Mairs, DWR
Brian Smrz, Applicant
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I wilmingtom North Carolina 28405
910.796.7215

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N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date 10/10/19
Name of Property Owner Applying for Permit:
Brian Smrz
Mailing Address:
725 Larchmont St., Simi Valley Ca. 93065
I certify that I have authorized (agent)
Trip Pippin
to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) Pier/Dock/Gazebo/Boat Lift
at (my property located at)
This certification is valid thru (date)
Property Owner Signature
1701 N. Lumina Ave. Wrightsville Beach N.C. 28480
511 /2020
10/10/19
Date
RECEIVED
NOV 2 6 20i9
DCM WILMINGTON, NC

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McGuire, Tyler D
From: Brian Smrz <[e-mail]>
Sent: Tuesday, January 7, 2020 4:03 PM
To: McGuire, Tyler D
Cc: trip pippinmarine.com
Subject: Re: [External] Re: Brian Smrz 1701 N Lumina Ave WB Major Development Application -
Additional Information Required
Attachments: SMRZ survey preliminary 2.pdf
Categories: CAMA
Thanks Tyler. Attached are the green cards.
I already had a copy of the riparian survey from the neighbor which I have shared with my surveyor. I
have attached a preliminary survey in which he added Mr. Spicuzza's riparian corridor to his survey. I
have asked him to give exact distances from my current dock to Mr. Spicuzza's riparian corridor as well as
a distance between Mr. Spicuzza's riparian corridor and the drainage easement at the pier head line. I
also asked if he could officially determine how far out the drainage easement goes into the water. I have
not heard back from him on those requests yet but will submit the official stamped survey with riparian
corridor marked once I have it.
Please let me know that these green cards satisfy your requirements and you are able to start the 75 day
review.
I appreciate all of the feedback and help.
RECEIVED
JAN 0 7 2020
DOM WILMINGTON, NC
RECEIVED

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McGuire, Tyler D
From: McGuire, Tyler D
Sent: Wednesday, January 8, 2020 3:24 PM
To: David M. Callahan
Cc: Brian Smrz
Subject: RE: [External] 1701 North Lumina Avenue Wrightsville Beach
David,
Thank you for sending me this email explaining that you have received the modified plans for Brian's proposed docking
facility located at 1701 N Lumina Ave on Wrightsville Beach since the green card hadn't been signed. I will add this to
the file now.
Thank You,
✓�ui ✓ilo ire°"
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler.McGuirera` ncdenr.gov
-E-mailcorrespondence to and front this address umc be subject to the
North Carolina Public Records Law and mac be disclosed to third parties.
From: David M. Callahan [mailto:[e-mail]]
Sent: Wednesday, January 8, 2020 3:06 PM
To: McGuire, Tyler D <Tyler. McGuire@ ncdenr.gov>
Cc: Brian Smrz <[e-mail]>
Subject: [External] 1701 North Lumina Avenue Wrightsville Beach
Mr. McGuire,
I have received and reviewed the plans regarding the dock/pier/gazebo proposal at 1701 North Lumina Avenue and have
no objections to the plans and or proposal. I am sending this email representing Sunset Lagoon y� ��ppt,p rtners. If
you have questions my contact information is listed below. offaREU
Kind regards, JAN 0 S 2020
DCM WILMINGTO N, NC

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONlWAIVER FORM
Name of Property Owner:
Address of Property:
Agent's Name #:
Smrz Trust
1701 N. Lumina Ave., Wrightsville Beach, New Hanover
(Lot or Street #, Street or Road, City & County)
Brian Smrz
Agent's phone #: [phone]
I hereby certify that I own property adjacent to
applying for this permit has described to me as s
they ttt.: are pro osing. /�- lesoribtit h ortlrawitI
Ir, I have no objections to this proposal.
Mailing Address: 725 Larchmont St.,
Simi Valley Ca. 9W65
the above referenced property. The individual
I have objections to this proposal.
Ifyou have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact Information for DCM offices is
available athtfnY/www accoastalmanaaement neNwetycm/staff-life ft orby calling 1-888-4RCOAST.
No resnonse is considered the same as no oblection if you have been notifledby Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
/ /I do wish to waive the 1 V setback requirement.
y l do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signai�nr--e
Print or Typb Name
Mailing Address
Citylstawip
Telephone Number/Email Address
/-y=2WAO
Iate
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State2lp RECEIVED
Telephone Number/Email Address IiMi 09 2020
DCM WILMINGTON, NC
Date
(Revised Aug. 2014)

111512019
North Carolina Secretary of State Search Results
*.File an Annual Report/Amend'an Annual Report • Upload a PDF Filing •
Order a Document Online • Add Entity to My Email NotificationList •View
Filings • Print a Pre -Populated Annual Report form • Print an Amended a
Annual Report form.
Limited Liability Partnership
Legal Name
Sunset Lagoon Investment Properties, L.L.P.
Information
Sosld: 1047138
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 6/4/2008
Fiscal Month: December
Registered Agent: Callahan, David
Addresses
Mailing
219 Oval Park Place
Chapel Hill, NC 27517-8116
Principal Office
219 Oval Park Place
OC
M�a�r,MINcr+,, NC
Chapel Hill, NC 27517-8116
https://w .sosne.gov/online_services/search/Business_Registration_Results 112

11/5/2019 North Carolina Secretary of State Search Results
Reg Office Reg Mailing
219 Oval Park Place 219 Oval Park Place
Chapel Hill, NC 27517-8116 Chapel Hill, NC 27517-8116
https:/Iwww.sosnc.gov/online_services/search/Business_ Registration_Results 212

McGuire Tyler D
From: trip pippinmarine.com <[e-mail]>
Sent: Thursday, December 12, 2019 7:03 PM
To: McGuire, Tyler D
Subject: [External] Re: Brian Smrz 1701 N Lumina Ave WB Major Development Application -
Additional Information Required
Attachments: Revisions.pdf
Categories:
Tyler,
Here are the corrected forms.
Trip
Trip Pippin
Pippin Marine Construction
[e-mail]
[phone]
CAMA
From: McGuire, Tyler D <[e-mail]>
9 CEIVIEU
i'l M WIL MINGTON, NO
Sent: Thursday, December 12, 2019 2:00 PM
To: trip pippinmarine.com <[e-mail]>
Subject: Brian Smrz 1701 N Lumina Ave WB Major Development Application- Additional Information Required
RE: INCOMPLETE APPLICATION —Trip Pippin (Agent) —ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS — 1701 N Lumina Ave, Wrightsville Beach, NC
Good Afternoon Mr. Pippin :
The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from your
office on November 26, 2019, requesting approval for development activities at the subject address. In reviewing your
application, we have discovered that additional information is needed to complete the review process. Accordingly, I am
requesting that you submit the following additional information to this office:-REQE:Ivi U.
1) Please update the plans numbering the proposed boatslip count. Circle the numbers as I have shown on the
attached plans.

2) Then update the MP-4 form to match the proposed boats lips, boatliftdimensions, and number of piers/docks
(as I have shown on the attached form).
3) Finally, update the MP-1 form to include the Town of Wrightsville Beach as one of the adjacent riparian property
owners (as I have shown on the attached form).
In accordance with the NC Department of Environment Quality regulations, we note that the application, as submitted
on November 26, 2019, is incomplete for processing. Let me know if you have a ny questions or if I can be of further
assistance.
Thank You,
5-
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler.McGuire( ncdennsiov
-D 0
Y�I�1��
^E-mail correspondence to and from this address mar be subject to the
North Carolina Public Records Law and map be disclosedto third parties.

Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyler.McGuire(i ,ncdenr.gov
<image002.png>
*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: Brian Smrz [mailto:[e-mail]]
Sent: Monday, December 16, 2019 5:19 PM
To: Tony Wilson <[e-mail]>; McGuire, Tyler D <Tyler [e-mail]>; trip
pippinmarine.com <tripCa)pippinmarine.com>
Subject: [External] Pier/Dock/Gazebo proposal
Hello to all,
I believe Trip Pippin is attempting to meet with both Tony and Tyler this week regarding
what the restrictions are for the easement of the drainage pipe at Lumina and as well to
discuss the survey requirements.
In the interest of trying to move the project forward I have attached a proposal that
might make it easier. With the attached proposal the furthest out left corner of the dock
would go slightly into the drainage easement if the easement were to extend out into the
water past the dock. I believe the gazebo is just outside of the easement lines other
than possibly the roof. By putting the gazebo to the other side of my property and
keeping the boat lift no further to the right than the existing dock I believe I have
accommodated Mr. Spicuzza's issues with the previous plan submitted even though I
believe the previous plan to be fully legal.
Attached is a drawing with dimensions of my proposal as well as a fairly accurate
photoshopped overhead view.
Brian
Sent with Unibox
RECEIVED
DEC 16 2019
[ACM WILMINGTON, NG

McGuire Tyler D
From: McGuire, Tyler D
Sent: Tuesday, December 17, 2019 11:17 AM
To: Brian Smrz
Cc: Tony Wilson; trip pippinmarine.com
Subject: RE: [External] Pier/Dock/Gazebo proposal
Mr. Smrz,
Your application has stopped being processed and has been placed on hold until the revised application has been
submitted and accepted as complete. I am not sure what the restrictions are for the Town of Wrightsville Beach's
drainage easement, as they will need to review your modified plans and the language in their drainage easement to
determine if there are any restrictions and whether the proposed development would interfere with their drainage
easement. From what I have interpreted in your deed their drainage easement extends to the Normal/Mean Low Water
line, but I am not an attorney. An attorney may be able to assist you with any restrictions for the drainage easement
located on your property.
You may also use the 2012 survey you have submitted with your application, however this is not a riparian survey and
does not show your established riparian corridor. If you would like to obtain a riparian survey for your modified
proposal I can assist your surveyor with your riparian corridor, as it has already been created from the adjacent 1995
Riparian Rights Agreement that your neighbors had legalized. I learned of this legal agreement from your Third Party
Appeal filed back in 2017 to Mr. Spicuzza's CAMA General Permit #69119 and have the file here in my office if your
surveyor would like to do a file review. Your surveyor/attorney/agent would need to contact me and set up an
appointment for the file review. CAMA agents would not be able to determine how far your docking facility is located
from your adjacent riparian property owners' corridors, as we are not licensed surveyors. In order to determine your
proposed water -dependent development was constructed according to the plans and does not encroach into the 15'
riparian setback, an as -built survey may be a condition of your permit.
Let me know if you have any more questions or if I can be of further assistance.
Thank You,
Jyr—C
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tyle r.McG uireA ncden r.gov
RECEIVE0
DEC 17 2019
*E-mail correspondence to andfrom this address may be subject to the DCM WILMINGTON, NC
North Carolina Public Records Law and may be disclosed to third parries.

From: Brian Smrz [mailto:[e-mail]]
Sent: Tuesday, December 17, 2019 10:40 AM
To: McGuire, Tyler D <[e-mail]>
Cc: Tony Wilson <[e-mail]>; trip pippinmarine.com <[e-mail]>
Subject: Re: [External] Pier/Dock/Gazebo proposal
Mr. McGuire,
I appreciate your response and do understand the situation. At this point I would like to place on hold the
application. I will submit a new plan to the city and neighbors but would prefer to know what the restrictions of
the drainage easement are so that I can submit the most favorable application. If I am given information that the
drainage easement does in fact extend out past the pier head line I will still submit a new proposal with the
gazebo located on the drainage side of the house without encroaching into the easement with either the dock or
the gazebo. My reasoning for switching the side the gazebo is on is to give the best chance of moving forward
without neighbor objections.
I do also need to know if I am able to use the survey submitted with the last application that shows the riparian
corridors. As noted earlier I tried to get a new survey but was told by the surveyor that in our situation CAMA
is the only source that can do the riparian lines. He also thought the existing survey could most likely be used. Is
this true? It is my understanding that my existing dock is 20' from Mr Spicuzza's riparian corridor. Is CAMA
able to confirm that? I would like to help move things forward as much as I can but do need information if
possible.
I do also realize it is the holidays and everyone is extra busy post storms. If there is anything I can do to help
find out the drainage easement restrictions or survey information please let me know.
Thank you,
Brian Smrz
Sent from my Whone
RECEIVED
DEC 17 2019
pCM WILMINGTON, NO
On Dec 17, 2019, at 2:22 PM, McGuire, Tyler D <yler.McGuire(gan dJenr.gov> wrote:
Mr. Smrz,
As you requested, your application was not placed on hold and was already processed last week. With
the current application accepted as complete on December 13, 2019 your 75 day review period will be
completed on February 26, 2020 when you should receive your permit decision. With the holidays, staff
changes and vacant positions currently in DCM, and still a lot of recovery effort from the storms, it is
likely that your 75 day review period will be extended as major permit staff are extremely busy
processing applications. If you decide to modify your current plans, then your application will stop being
processed and will be placed on hold until the plans have been revised, the three (3) adjacent riparian
property owners have been re -notified, and the Town of Wrightsville Beach submits a letter stating they
have no objections to this modified proposal and that the location of the constructed features would
not interfere with their drainage easement. Depending on when the revised application is completed
would determine when your application would be taken off hold and resume processing. Please let me
know how you would like to proceed, as your current application is being processed without delay.
Thank You,

McGuire, Tyler D
From: McGuire, Tyler D
Sent: Thursday, January 2, 2020 2:12 PM
To: Brian Smrz
Cc: trip pippinmarine.com
Subject: Brian Smrz 1701 N Lumina Ave WB Major Development Application - Additional
Information Required
Attachments: Checklist for Major Permit Application.pdf
RE: INCOMPLETE APPLICATION —Brian Smrz (Applicant) —ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS: 1701 N Lumina Ave, Wrightsville Beach, NC
Good Afternoon Mr. Smrz,
I hope you and your family had a Merry Christmas and a Happy New Year! The Division of Coastal Management's
Wilmington Regional Office received your modified CAMA Major Permit Development application on December 30,
2019, requesting approval for development activities at the subject address. In reviewing your modified application, we
have discovered that additional information is needed to complete the review process. Accordingly, I am requesting
that you submit the following additional information to this office:
1) All Drawings need the Simple Title Block: Applicant's Name, Drawing Number, Date, and Scale —complete
drawing #3 in color.
2) Top View Plans — Number this Drawing 1 of 3 and include the Adjacent Riparian Property Owner the Town of
Wrightsville Beach to the south of your parcel (they own the fenced -in property to the south of Sunset Lagoons'
docking facility located on your property) at 1601 N lumina Ave.
3) Consent Letter from the Town of Wrightsville Beach stating they have no objections to this modified proposal
and that the location of the constructed features would not interfere with their drainage easement.
4) Certified Mail Return Receipts (Green Cards) — please submit these to our office showing that you have notified
the adjacent riparian property owners (1. Spicuzza, 2. Sunset Lagoon Investment Properties, & 3. Town of
Wrightsville Beach) of the modified plans.
In accordance with the NC Department of Environmental Quality regulations, we note that the modified application, as
submitted on December 30, 2019, is incomplete for processing. I have attached the Checklist for LAMA Major
Development applications to this email for your reference. Let me know if you have any questions or if I can be of
further assistance.
Thank You,
Environmental Specialist
Division of Coastal Manaeement
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 RECEIVED
(910) 796 - 7424
Tvler.MeGuire(a',ncdenr.gov JAN 0 2 2020
VCM WILMINGTON, NC

CAMA and DREDGE AND FILL
o,E N
,E R A L 25168
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal _Resources Commission
in an area of environmental concern pursuant to 15 NCAC
u , f:iG _Phone Nultb�$i<'+%� ' c CD
Applicant Nam "
+' r ? M1 a
Addr ls© t11, _�:' Les�Ar r
` ( State N C. Zip 2 a y`
City
�.
Project Location (County, State Road, Water Body, etc.) i 7 o i 1 )
Type of Project Activity
J
This permit is subject to compliance with this application, site orawmg
and attached general and specific conditions. Any violation of these terms
may subject the permittee to a fine, imprisonment 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 of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
applicant's signature
permit 0 y er's signature
issuing date expiration date
attachments
application fee

®CQCAMA / aDREDGE & FILL
GJENERAL PERMIT Previous permit#
E7 ew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Rules attached.
Applicant Name + 1�Pa5�1 �Ci Project Location: County �'^� /`/� %'✓� "
it . 1 ,....5_ , d, is Street Address/ State Road/ Lot #(s)
City 1 i yTit 13dI llr %1 A State _ZIP 29 4`' lJ
Phone # (G''+> ) )-fib �6olD Fax # (_)
Authorized Agent Ct/'VII (S D/41elAw
Affected ❑ Cw ©€w VIPTA 99S ElPTS
❑ OFA ❑ HHF ❑ IH ❑ UBA ❑ N/A
AEC(s):
❑ PWS: ❑FC:
PNA ves //nod Crit. Hab. yes / no
I Type of Project/ Activity
City 'G,M;; ZIP h
(—)
Phone # _ ' biYf River Basin
Adj. Wtr. Body ds. " Pat [man unkn
Closest Maj. Wtr. Body
i i"I
Pier (dock) fength --.. 1 1.,..� 17
Finger pier(s) (-
Groin length - -
number
.i
Bulkhead/ Riprap length'-=-
av distance offshore _ d ' — —
g T r' r
max distance offshore
Shoreline Length-
SAV: not sure yes
Sandbags: not sure yes 01
Moratorium: nia yes _
Photos: yes
(Scale:
i
i L _
t
Waiver Attached. yes no -------
A building permit may be required by: •� ❑ See note on back regarding River Basin rules.
4
Notes/.SpeciaLConditions
JAN 2 3 2020
Agent or Applicant Primed Name
Signature + Please read compliance statement on back of permit*
DGM WILMINGTON N114
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Pemyt Officer's Slgna ure
Issuing Date Expiration Date
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Red outline of proposed
structure drawn overtop
i
of existing dock
f s
Scale
1 'square of grid = 14'
Brian Smrz
1701 N. Lumina
Wrightsville Beach
N.C. 28480
Drawn By
Brian Smrz
1/2/2020
N3 of 3
Gazebo
14' x 14' roof 12' x 41.5'
12' x 12' platform floating dock 13x 13'
boatlift
j 15' +
15' t
WB R Parmela
Drainage 6' x 22' '' riparian
easement finger pier 1 6' x 16' corridor k
pier
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NORTH CAROLINA
Environmental Quality
February 7, 2020
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar(a)NCDENR.gov
SUBJECT: CAMA
Applicant: Brian Smrz
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grep_p Bodnar at the address above by March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
03/0112012 02 17 36 PM
RE 6622 Page* 971-977
2012006759
7 PGS $26 00
$3,100.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
RECEIVED
NOV 2 6 ON
*2012006759* DCM WILMINGTON, NC
2012006759

1141111111 1111 INIIII 1111
2012006759
PREPARED BY. SIEGEL & RHODENHISER, PLLC
STATE OF NORTH CAROLINA
REVENUE STAMPS '3J QO , 0 ° S
This property is the Grantor's primary residence
Property Taxes are paid thru 2011
COUNTY OF NEW HANOVER
SFOR REGISTRATION REGISTER OF DEED'
JENNIFER H MRCNEISH
NEW HANOVER COUNTY, NC
2012 MAR 0102 1138 PM
BK 5622 PG 971-977 FEE $26 00
NG REV STAMP $3,100 00
1NSiRUNENI 120679
Tax ID No R05813-006-006-000
WARRANTY DEED
THIS DEED, made this d9 day of —, 2012, by FRANK A. GOSTYLA and
wife, ANTOTTE F. GOSTY
INELA AKA ANTONETI'O F. GOSTYLA, of 11348 EAST
NORTH LANE, SCOTTSDALE, AZ 85259, GRANTOR, to BRUN SMRZ and wife, CAROL
SMRZ, of 725 LARCHMONT STREET, SIMI VALLEY, CA 93065, GRANTEE,
WITNESSETH
That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in
the County of NEW HANOVER and State of North Carolina, and more particularly described as
follows
SEE EXHIBIT "A"
TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges
and appurtenances thereto belonging to the said Grantee in fee simple, subject, however, to the
exceptions, reservations and conditions herein referred to
And the Grantor covenants with the Grantee, that Grantor is seized of said premises in f
and has the right to convey in fee simple, that the title is marketable and free and clear of a
encumbrances; and that Grantor will warrant and defend the title against the lawful claims of al
persons whomsoever except for the exceptions hereinafter stated. tit
Title to the property heremabove described is subject to the following exceptions (a) subject to
County and Local Zoning Ordinances, (b) subject to standard easements for utilities; (c)
t t ve covenants of record if any (it) ad valorem taxes for current year.
2r
tes nc i
RETURN TO
SIEG'EL & RRODENIIIS"ER

The designation Grantor and Grantee as used herein shall include said patties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, femmine or neuter as
required by context.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year
first above written.
_(SEAP
FRANK A. GO
i L�
�MII hL Y ��•J�11��
STATEOF K67,0(10
COUNTY OF.--- (Y)(.Ir'i_ (TG
I, TW1 (A S COV S , a Notary Public of the County and State aforesaid, do hereby
certify that FRANK A. GOSTW A and wife, ANTODWM F. GOSTY ,A, personally came
before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official seal, this day of�T tfbf(—AX W- 2012
My Copunission Expires: (Notanal Seal)
n �
RECEIVED
NOV 2 6 20''.r
GCM WILMINGTON. NC'

Exhibit A
BEGINNING at a point ut the Western right of way line of North Lumina Avenue
(50 feet right of way), said point being the Southeast corner of Lot 1, Parmelee
Isles, Section A, recorded in Map Book 5 at Page 127 of the New Hanover County
Registry, whiling thence froth said beguuung point with the Western right of way
true of North Lumina Avenue, South 34 degrees 34 minutes West 272 88 feet to
the point of intersection of the Western right of way line of North Lumina Avenue
with the Northern right of way line of Crane Street extended, rutuung thence with
die Northern right of way line of Crane Street North 22 degrees 19 minutes West
110 0 feet more or less to the low water mark of the Sound, running thence
Northwardly with the low water mark of the Sound to a point which is located
South 80 degrees 22 minutes West from the Southwest comer of the above
mentioned said Lot 1, running thence North 80 degrees 22 minutes East 50 feet,
more or less to the Southwest comer of the above mentioned Lot 1, running
thence with the lines of said Lot I South 52 degrees 43 minutes East 52 07 feet
and South 55 degrees 36 minutes East 66 05 feet to the point of beginning, with
the exception of an easement to the Town of Wnghtsvdlc Beach for a 15 foot
drainage which is 94 1 feet from the North side of the property and a 15 foot
easement to the South side of the property, which easements are shown on the
map attached to the Deed recorded in Book 1134 at Page 1609 of the New
Hanover County Registry, AND BEING that property described in Deed recorded
In Book 2261 Page 482 in said Registry
To have and to hold the aforesaid lot or listed, together with all privileges and
appurtenances thereto, heretofore belong oig to the Grantee in fee simple, SUBJECT AOWEVCR
to the following terms and conditions set out hereuiafter
SUBJECT TO an exclusive perpetual easement over the property drscnbed as follows
TO ARRIVE AT THE TRUE POINT OF BEGINNING commence at the Southernmost
t,omer of tut 1, Parmelee Isles, Section A recorded in Map Book 5 at Page 127 of the New
lianover County Registry Said point being on the Westerly right-of-way line of North Lumina
Avenue (50 foot nght of way) Go thence South 34 degrees 46 minutes I I seconds West 149 57
feet along said Westerly right-of-way line to the true point of beginning Running thence from
sad begs n ing point
1
South
34 degrees 46 minutes 11 seconds West 120 67
feet,
with said Westerly right-of-way line to its
intersection with the Easterly right-of-way line of
Crane
Street (50 foot right-of-way), thence
2
North
22 degrees 04 minutes 59 seconds West 58 94 feet,
along
said Easterly right-of-way line of Crane Street,
to a point on a bulkhead, thence
3
North
63 degrees 25 minutes 4D seconds East 67 64 feet,
along
said bulkhead to a point, thence
4.
North
35 degrees 12 minutes 2e seconds East 29 45 feet,
along
said bulkhead to a point, thence
5
South
54 degrees 41 minutes 00 seconds EASTIS 62 feet,
to the point of beginning
The same being a portion of that tract deeded to Sunset
Lagoon Investment Properties, LLP by Deed recorded in Book 2261
at Page 472 of the New Hanover County Registry- The above
described easement contains 3,254 square feet (D 075 acres mREC E VED
or less)
NOV 2 6 201,
DCM WILMINGTON, NC

The easement described herein is a perpetual exclusive
easement granted to Sunset Lagoon Investment Properties, LLP,
(herein referred to as the Easement Holder) for the purpose of
access, ingress and egress to the piers and docks attached to and
extending from the subject property and North Lumina Avenue, and
of access, ingress, and regress for the use, maintenance, and
upkeep provided for herein, and required hereby. Said property
subject to the easement may be used solely and exclusively by the
said Easement Holder, and guests of its Partners.
The Easement Holder does hereby indemnify and hold harmless
the Grantee in this Deed from any loss, cost, or harm incurred by
the Easement Holder-s use, ownership, possession, non-use, or
neglect of the said property, including reasonable attorney-s
fees incurred by the Grantees, unless such loss is caused by the
actions, or inactions of the Grantee, or their guest, invitees,
successors in title or assigns.
The annual taxes on the entire tract of which the property
subject to this easement is a part, shall be billed to the
Grantee in this Deed, or their successors, in title, or assigns
(sometimes referred to herein as the Aproperty owner@); however,
the Easement Holder shall pay its share of the annual Ad Valorem
Property Taxes on the overall tract, based on the following
formula. The value of the property that the Easement Holder is
responsible for paying Ad Valorem Tax levied upon shall be a Pro -
Rate share of the land value only, based on the square footage
contained in the overall tract, and the square footage contained
in the easement area, with an additional thirty thousand
($30,000.00) dollars value added, which thirty thousand dollars
is the agreed current value of the Pier located on the easement
area. The determination of the square footage in the overall
tract and easement area shall be determined by a registered Land
Surveyor of the Easement Holder-s choice. The Easement Holder
shall pay their share of such tax directly to the New Hanover
County Tax Office no later than December 31" of each year.
Grantee in this Deed shall provide a copy of the annual tax bill,
including a break down of the value of the property between land
and buildings, within 30 days of receipt of same from the New
Hanover County Tax Office. The Easement Holder shall deliver to
property owner a check payable to the New Hanover County Tax
Office for the Easement Holder-s share of the year=s taxes, with
details concerning how the amount of the payment was derived, no
later than December 1 of every year (providing the property owner
has delivered the information required of them)
In any year in which a general re-evaluation of property tax
values is to be performed, the Easement Holder will endeavor to
have the Tax Department value the easement area, and improvements
thereon, separately, in which case the Easement Holder shall be
responsible for the taxes due based on that separate value If a
separate valuation is not available, the Easement Holder shall
hire an Appraiser to determine the value of the pier and dock on
the easement area, and the tax value for determination of the
Easement Holder-s share of the tax shall be the proxata value of
the land alone, plus the appraised value of the pier and dock
In the event either the Easement Holder or the property
owner fail to pay their proper share of the annual tax within one
hundred eighty days after written request therefore by the other
party, the said other party may pay the total tax bill, and shall
automatically have a lien on the other party=s part of, or
interest in, the property, which lien may be collected and
foreclosed in the manner of a Homeowners Dues assessment as
provided in the North Carolina General Statutes Chapter 47F and
Article 2A of Chapter 45. RECEIVED
NOV 2 6 1119
DCM WILMINGTON, NC

In the event the piers, docks and bulkheads in the easement
area are damaged or destroyed, the Grantees herein, for
themselves and their successors in title and assigns, agree to
promptly and fully comply with all of the Easement Holders
requests made in connection with reconstruction of the
facilities, including application for permits needed for the
construction The cost of all maintenance, repair and
construction of the improvements in the easement area shall be
borne solely by the Easement Holder, and the Easement Holder does
hereby indemnify and hold harmless. the Grantees herein, and
their successors in title and assigns, for all loss cost or harm
based thereon, except that which is caused, directly or
indirectly, by said Grantees actions or inactions The Easement
Holder shall acquire a $1,000,000 00 general liability insurance
policy covering the easement area which lists the property owner
as an additional insured; however, in the future, if such a
policy becomes unavailable on commercially reasonable terms, this
requirement shall automatically be amended to require the
Easement Holder to make reasonable efforts to acquire an
alternative assurance for the protection of the Grantee, their
successore and assigns•
All the parties hereto agree that there shall not be
constructed any additional piers, docks, or other structures on
either the property conveyed herein, the easement area, or the
portion of the easement area that may be conveyed to the Easement
Holder in fee at a later date
The Grantee in this need further agrees to cooperate fully
in the Easement Holders' attempts to separate the easement area
from the overall tract ("sub -divide" the tract). The Easement
Holder agrees to be responsible for all costs incurred in
connection with the separation of the two properties If the
properties are separated, the tract to be conveyed to the
Easement Holder in fee will be the following described tract•
BEGINNING AT THE INTERSECTION of the Westerly right-of-way
line of North Lumina Avenue (50 foot right-of-way) and the
Easterly right-of-way line of Crane Street (50 foot right-of-way)
in Wrightsville Beach, North Carolina. Running thence from said
beginning point-
1 North 22 degrees 04 minutes 59 seconds West 58 94 feet,
along the Easterly right-of-way line of said Crane
Street, to a point on.a bulkhead, thence
2 North 63 degrees 25 minutes 40 seconds East 60 00 feet,
along said bulkhead to a point, thence
3 South 16 degrees 43 minutes 17 seconds West 66 39 feet,
along a new line, to a point on the Westerly right-of-
way line of said North Lumina Avenue, thence
4 South 34 degrees 46 minutes 11 seconds West 21 15 feet,
along said Westerly right-of-way line to the point of
beginning
The same being a portion of that tract deeded to Sunset
Lagoon Investment Properties, LLP by Deed recorded in Hook 2261
at Page 472 of the New Hanover County Registry. The above
described tract contains 1,986 square feet
TOGETHER WITH an easement over the remainder of the tract
subject to the initial easement Such Easement shall be on the
same terms as the original easement set out above, except that
the tax value used as the basis for determination of the amount
of the annual Ad Valorem Tax for which the Easement Holder are
responsible shall be the ratio of the property subject to the
remaining easement compared to the overall remaining tract, and
shall not include the value of the pier
RECEIVE?
NOV 26M
DCM WILMINGTON, NC

The Grantee in this Deed does further hereby give, grant and
convey to the Easement Holder, their heirs, successors in title
and assigns, an option to purchase the above tract which, if
separated, is to be conveyed to the Easement Holder for the sum
of $1.00 in funds of the United States. This option shall run
from the date of recordation of this Deed, through and including
the death of the last of the current partners of the Easement
Holder (Frederick Willetts, III, Myrna Wzlletts, Janet H
Blanton, David M. Callahan, and Carol Callahan), plus twenty one
(21) years The Easement Holder right to exercise this option is
contingent upon the Town of Wrightsville Beach agreeing that the
property may be sub -divided in compliance with the codes and
ordinances of the Town of Wrightsville Beach.
In the event there is any dispute between the parties hereto
as to the termination of the tax division or the Easement
Holder-s ability to require the Grantee in this Deed to reconvey
the above smaller tract, the dispute shall be decided by binding
arbitration, in accord with the then current arbitration terms
contained in the Uniform Arbitrations Act. The arbitrator shall
be a person agreed upon by all parties Each of the Grantors and
Grantees of this deed shall bear their own costs, and one-half of
the cost of the arbitrator, in the event such arbitration is
necessary
RECEIVED
NOV 2 6 2M
DCM WILMINGTON, NC

fF,X ISTING RIPARIAN SLA9Vf-y
VICINITY MAP
NO SCALE
LOT 2
PIERHEAD LINE SCALED PARMELEE ISLES
FROM MAP BOOK 37 SECTION A
PAGE 361 �__ M.B. 5, PG. 127
BUILDABLE AREA
I ,— LOT 1
1 ( 73S Q.FT.
N 80'22'00" E
1 N.P.S.
SOUND / LAGOON
SET N I LOT 1
A
ULKHEAD PARMELEE ISLESSSECTION A
MB. 5, PG. 127
0,SLOCI
9J- �. h//ENCRI
RIPARIAN CORRIDOR _��//
FOR LOT 1 / /FLOATNG-
MAP BOOK 37 PAGE 361 /j �� DOCK -
// PIER1
// / J W / BOAT LIF
N // a/
/
LU p/CENTERLINE OF \ \
Q / h/ 15' DRAINAGE \
a_ =I EASEMENT h• \
m
I (rr1
IU'1
I�
Im
Im
WALL
IES
'00" E
JKUr
INLET
0
/ Rp
/�
/ GAZEBO WOOD PIP / Q�
d PICKET
FDOCKNG EENCE �e ZO �~Pv ECM
OL /
7.5' EASEMENT N.\\ DOCK O- ^ti ` \y� \•R�(y
N 22'19'00" W\
110.00' % r- C7
(TOTAL) \ y0 A\ I.P.S. �A
NOTE: SEE BOOK 3453
PAGE 789, AREA SUBJECT
TO FUTURE POSSIBLE
SUBDIVISION
GRAPHIC SCALE: 1'=60'
0 30 60
Plat of Survey For:
THE SMRZ TRUST
BOOK 5809 PAGE 1483
TOWN OF WRIGHTSVILLE BEACH NEW HANOVER COUNTY
NORTH CAROLINA
Legend:
I.P.S. IRON PIPE SET • PROPERTY CORNER
E.I.P. EXISTING IRON PIPE 11 EXISTING CONCRETE MONUMENT
N.P.S. NO POINT SET Il CENTERLINE
Address: 1701 NORTH LUMINA AVENUE
MICHAEL UNDERWOOD and ASSOCIATES, PA
102 CINEMA DRIVE, SUITE A
WILMINGTON, NC 28403
PHONE: [phone]
FAX: [phone]
E—MAIL: muaCNsaac.net
/ --,4 EXCLUSIVE
PERPETUAL EASEMENT
/ BOOK 3453 PAGE 789
Survey Reference
BOOK
5809 PAGE
1483
MAP BOOK 5 PAGE 127
BOOK
1134 PAGE
1609
BOOK
2261 PAGE
472
BOOK
3453 PAGE
789
NOTE: THIS LOT IS LOCATED IN AN
AREA OF 100 YEAR FLOOD.
NORTH CAROLINA
NEW HANOVER COUNTY
I, MICHAEL N. UNDERWOODr0PY THAT Tfd$ePfAT'VAS DRAWN
UNDER MY SUPERVISION FS :AN SU MEDE UNDER
MY SUPERVISION DESCRIP"]ON :M SK THE FA€E OF THIS
PLAT RATIO OF PRECISION�ALCU C R IS
1/10,000 +THAT THE B NOT SU .t;RE SHOWN
BY BROKEN LINES PLOTTE 'A7F@R LARENCED
CAROLNA- WITNESS MY ORIGINAL SIGNATURE, LICENSE
NUMBER AND SEAL THIS 22ND DAY OF JANUARY
A.D., 2020
_`/1 �&�
MICHAEL N. UNDERWOOD, P.L.S.
LICENSE NUMBER L-2962
SEAL OR STAMP RECEIVE
DCM WILMINGTON, NC

Major Permit Fee Schedule
rl , V\A.WIi" A--1-,-)
Project Name:
tVATJ "3Mfz
County: Check No & Amount:
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). P " ate, non-commercial
d vel nt, if General Water Qua"
$250
100% ($250)
0% ($0)
flification No. 4175 can be apple
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas: