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HomeMy WebLinkAbout20201081 Ver 1_CAMA Application_20200821DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert & Ann Wyker PROJECT NAME: Wyker Private Bulkhead 2. LOCATION OF PROJECT SITE: The project site is located at 1031 Tide Ridge Drive on the west end of Holden Beach, North Carolina. Coordinates: Latitude N 33'54'30.11" Longitude W 78°20'39.78" 3 4 5 6 7. INVESTIGATION TYPE: CAMA/ Dredge & Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit—12-16-2019, 2-3-2020, 3-3-20 Was Applicant Present —No PROCESSING PROCEDURE: Application Received—1-24-20 Application Complete — 8-13-20 Off -ice -Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP — Residential (B) AEC(s) Involved: ES, CW (C) Water Dependent: No (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - NIA (F) Type of Structures: Existing - Single family residence, double -stacked timber bulkhead Planned - Replace the existing bulkhead (G) Estimated Annual Rate of Erosion: NIA HABITAT DESCRIPTION: [AREA] 1 TTAT y� �y� 1K M 1 11 tl- n rTT T UTi II TT TT (A) Uplands N /A NIA NIA (B) Vegetated Wetlands NIA 416 sq. I (Excavated Joint NIA 6404 & CW) (C) Open Water NIA NIA NIA (D) Total Area Disturbed: 416 sq. ft. (.009 acres) (E) Primary Nursery Area. No (F) Water Classification: SA; HQW Open: No PROJECT SUMMARY: The applicant proposes to replace 152 linear feet of existing bulkhead and fill approximately 416 sq. ft. of joint §404 and coastal wetlands. Wyker Private Bulkhead August 13, 2020 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 1031 Tide Ridge Drive on the west end of Holden Beach, Brunswick County. The property can be reached by traveling south on NC HWY 17 towards South Carolina. Just before reaching the Supply 4-way intersection, take a left onto Stone Chimney Rd SE. Continue for 6 miles until Stone Chimney Rd SE turns into Old Ferry Connection SW and continue another mile. At the next intersection take a right onto Sabbath Home Rd SW and continue for 3/4 mile. Turn left onto NC-130 E/ Holden Beach Rd SW and continue over the bridge. Take a right at the stop sign onto Ocean Blvd W and drive for 4.4 miles. Turn right onto Pointe West Drive and then make another right onto Tide Ridge Drive. The applicant's property is located at the end of the road at 1031 Tide Ridge Drive. Existing structures on the high ground include a multi -story house, an in -ground pool, and a two -tiered timber bulkhead. Based on DCM records, no previous permit history can be found for the construction of the existing bulkhead. An exemption was issued (# 01643-D) on 6/12/2015 for the hand installation of 6"x6" timbers in high marsh to brace the failing second -story bulkhead (Photo 3). The existing bulkhead appears to have been built in stages, the ground -level bulkhead was used to stabilize the property and the second -story wall was used to create an "in -ground" pool (Photo 2). The total length of the existing bulkhead measures 180 linear feet and is constructed with treated lumber. The high ground portion is elevated approximately 7.5 feet above the substrate. The project site is approximately .74 acres with high ground vegetation primarily consisting of domestic grasses and ornamental landscaping. Under-story/scrub vegetation consists of Yaupon Holly (flex vomitoria), Wax Myrtle (M rica Geri era ,Marsh -elder (rva,frutescens}, Sea Oxeye (Borrichia utescens and Grounsel-bush (:Baccharus halimi olia . Coastal wetlands on site include Black NeedIerush (Juncus roemerianus), Sea Lavender (Limonium spp.), Spike Grass (Distichlis spicata), and Salt Meadow Grass (Spartina patens). The coastal wetland line extends to the edge of the existing bulkhead and was confirmed by DCM staff. USACE personnel made a site visit on 3-3-20 and delineated the §404 wetland line up to the edge of the existing bulkhead (USACE Project 1D. SAW-2020-00500). The applicant's property sits at the end of a cul-de-sac with residential properties bordering the east and west. Expansive high marsh borders the northern edge of the property; however, no portion of the project area extends to normal high water (NHW). The waters of the AIWW are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the December 2019 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. The entire tract sits above normal high water (NHW). 10. PROPOSED PROJECT The applicant proposes to replace 152 linear feet of existing bulkhead and fill approximately 416 sq. ft. of joint §404 and coastal wetlands. Due to the complexity of the existing two -tiered bulkhead and its close proximity to the in -ground pool, the applicant proposes to install a new precast concrete modular wall system adjacent to the existing timber bulkhead, while still keeping the existing bulkhead in place (Sheet 2 of 3). The proposed retaining wall system would be constructed using precast concrete blocks that would be set using a crane located on the high ground. The applicant proposes to excavate a 4-foot-wide by 104-foot-long area of Coastal Wetlands immediately water ward of the existing bulkhead to create a level foundation to set the concrete blocks. The excavated area would Wyker Private Bulkhead August 13, 2020 Page 3 be dug approximately 1.58 feet below grade and be lined with approximately 10 inches of #57 stone. The first tier of concrete blocks would sit atop the #57 stone approximately 10 inches below grade (Sheet 3 of 3). There would be no tieback system since the concrete blocks are cast with rear stems resting on block units and backfilled with #57 stone (Sheet 3 of 3 & Product brochure). The north -facing portion of the bulkhead would measure approximately 104 linear feet and stand approximately 7.5-feet above existing grade, abutted against the existing timber bulkhead. Wing walls would be constructed to the east and west through high ground, measuring a total of 48 linear feet. Any excavated material would be transported to the Brunswick County Landfill for disposal. The proposed bulkhead would step out an average distance of 4' water ward of the existing timber bulkhead and impact approximately 416 sq. ft. of joint §404 and coastal wetlands. The previous attempt to stabilize the failing bulkhead by hand -setting timbers on a 45' angle has proven ineffective_ Based on the project engineer's assessment, the existing bulkhead is under high stress and failure is inuninent. Replacing the bulkhead in the same footprint with traditional vinyl sheet -piles would present issues with the tie -backs compromising the in - ground pool as well as the possibility of a blow out during construction. This design was chosen by the engineer because it provides superior strength over a typical vinyl bulkhead and poses the least amount of joint §404 and coastal wetland impacts_ The proposed precast concrete modular wall would not tie into adjacent bulkheads, ending with return walls constructed through high ground. The area between the new concrete blocks and the existing timber bulkhead would be backfilled using clean upland material delivered by dump truck. Backfll material would be secured on -site with silt fencing as needed. 11. ANTICIPATED IMPACTS The proposed bulkhead would step out filling approximately 416 sq. ft. of joint §404 and coastal wetlands. The new wall would be a maximum of 4' water ward of the existing wall and would remain above normal high water (NHW). Leveling the foundation for the modular concrete blocks would require removing approximately 416 sq. ft. of joint §404 and coastal wetlands. The applicant has not proposed any mitigation for the §404 wetlands at this time. Minimal high ground disturbance would be required to backfill between the existing timber bulkhead and the proposed concrete blocks. Temporary wetland impacts should be expected around the project area during construction. Submitted by: Brendan Brock Date: August 13, 2020 Office: Wilmington Nichols Engineering PLLC Phone: 910-447-9225 (o) / 910-336-9219 (c) NCBELS Firm License Number: P-2006 CAMA Major Permit Narrative For Robert and Ann W ker 1031 Tide Ridge Dr. Holden Beach, NC Project Narrative The proposed project site is located at 1031 Tide Ridge Dr in Holden Beach, NC (33°54'29.17"N, 78°20'41.35"W), and is located approximately 1500 feet south of the lntracostal Waterway. The owners of the subject property are Robert and Ann Wyker, and the adjacent properties are undeveloped lots. The existing structure is a two-story single-family residential structure with finish floor elevation at 19-ft by GNSS. A professional topographic and physical survey (sealed and dated: 10/30/2019) of the existing conditions was ordered for this permit application and is included in this application for reference. The wetlands were flagged by Mr. Brendan Brock, NCDENR Field Representative, on December 16, 2019 and verified that coastal wetlands extended up to the existing bulkhead. The existing bulkhead structure surrounding the north and east sides of the residential structure is a 7.5-foot wooden bulkhead with tiebacks supported by timbers set on a 45-degree angle adjacent to coastal wetlands. The existing 7.5-foot retaining wall structure was observed to be built directly adjacent to an earlier constructed bulkhead structure measuring 4-foot above exiting ground. The existing timber bulkhead structure measures a total length of 180-linear feet. The proposed project installs a new precast concreate modular wall system adjacent to the existing timber bulkhead, while still keeping portions of the existing bulkhead in place, as indicated in the drawings. Proposed modifications to the existing 4-ft bulk head is to replace in - kind the top 2x8 wall cap. The proposed retaining wall system is to be constructed using precast concrete blocks with rear stems resting on block units with #57 stone for backfill. The new bulkhead will measure approximately 7.5-feet above existing grade, abutted against the existing timber bulkhead. The installation will disturb approximately 416 square feet of coastal wetlands. CAMA identified the coastal wetlands come to the toe of the existing bulkhead. Total length of the proposed bulkhead retaining wall is 152-linear feet, where 104-linear feet impact coastal wetlands and 404-type wetlands. Back fill material will be #57 stone, which will he delivered by truck and installed by hand from above, as to minimize impact to wetlanJqL=WWnt., The 1 of 2 AUG 12 2020 DCM WILMINGTON, NC Nichols Engineering PLLC Phone: 910-447-9225 (o) / 910-336-9219 (c) NCBELS Firm License Number: P-2006 proposed new bulkhead structure will be built out into the coastal wetlands at the minimum distance off the existing timber bulkhead. The existing support timbers (set at 45-degrees) will be removed in this project. The minimum distance designed is 4-ft measured off the existing timber bulkhead. With the proposed system, no tie back are required allowing minimum impact to coastal marsh area. The existing timber bulkhead is under high stress and failure is imminent, and the purpose of the proposed new retaining wall system is to stably retain the pool and residential structures in their current positions, and doing so with a long term solution that protects those structures from failing and potentially spilling into the surrounding wetlands. Ten years ago, bracing of the bulkhead was constructed using 6x6 pressure treated timber piles angled at 45 degrees. Although this was not a permanent fix, it has held to date, but by my engineering judgement, that such repairs was not a permanent solution. Lastly, the proposed precast wall system is the least impactful to the environment compared to other solutions. Zachry L. Nichol, Jr., PE Dated: 6/22/2020 Nichols Engineering PLLC NCBELS Firm License Number: P-2006 RECEIVED AUG 12 '207-0 2 of 2 1PQM WILMINGTON, NC M WI APMUTIM1w (last revised 12 27MG) North Carolina DIVISION OF COASTAL MANAGEMENT Form continues on backer AUG 13 ZOZ5 1N1Li�I1NGTON, NG 9-888-4RCOASi �rruvta_r cc;.3 tafesaa�agement.net Form DCM MP-1 (Page 2 of 5) 4. Site Description a. Total length of shoreline on the tract (ft.) 180, C. Size of individual lot(s) (If many lot sizes, please attach additional page with a list) e. Vegetation on tract GRASS f. Man-made features and uses now on tract SINGLE FAMILY HOME APPLICATION for Major Development Permit b. Size of entire tract (sq,ft.) 32.300 d Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 7.5 FT ®NHW or []NWL g. Identify and describe the existing land uses adjacent to the proposed project site. RESIDENTIAL LOT h. How does local government zone the tract? i is the proposed project consistent with the applicable zoning? R1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes MNo MNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes MNo ®NA National Register listed or eligible property? 3EV Form continues on next pages AUG 13 2025 M52-8p8-2$QB 1-888-4RCOAST www.nCtaastatma4Qg.%n�.nF Itt N Form DCM MP-1 (Page 3 of 5) m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) if yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, If available) n. Describe existing wastewater treatment facilities. COUNTY WATER AND WASTEWATER o. Describe existing drinking water supply source, BRUNSWICK COUNTY p. Describe existing storm water management or treatment systems. SURFACE RUNOFF 5. Activities and impacts a Will the project be for commercial, public, or private use? b. Give a brief description of purpose, use, and daily operations of the project when complete. BULKHEAD FOR SINGLE FAMILY USE. APPLICATION for Major Development Permit ®Yes []No ®Yes ❑No NYes []No ❑Commercial ❑P NFrivatelCommunity 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. TYPICAL RESIDENTIAL MARINE CONSTRUCTION METHODS. PROPOSED PRECAST CONCRETE BLOCKS INSTALLED BY LAND BASED CRANE AND BACK FILL #57 STONE INSTALLED BY HAND FROM ABOVE, EQUIPMENT STORED ON -SITE. d. List all development activities you propose. The proposed project installs a new precast concreate modular wall system adjacent to the existing timber bulkhead, while keeping portions of the existing bulkhead in place, as indicated in the drawings. Proposed modifications to the existing 4-ft bulk head is to replace in -kind the top 2x9 wall cap The 4-ft timber bulkhead will stay in -place. The proposed retaining wall system is to be constructed using precast concrete blocks with rear stems resting on block units with #57 stone for backfill. The foundation for the proposed retaining structure will consist of 10-inches of #57 stone. Excavation of matieial will be required but will be minimized. The proposed location for material disposal is the Brunswick County Landfill. A haul route is included in this permit application. The new bulkhead will measure approximately 7.5-feet above existing grade, abutted against the existing timber bulkhead. The installation will disturb approximately 415 square feet of coastal wetlands_ CAMA identified the coastal wetlands come to the toe of the existing bulkhead. Total length of the proposed bulkhead retaining wall is 150-linear feet, where 1044inear feet impact coastal wetlands. Back fill material will be delivered by truck and installed by hand from above, as to minimize impact to wetland environment. The proposed new bulkhead structure will be built out into the coastal wetlands at the minimum distance off the existing timber burkhead. The existing support timbers (set at 45-degrees) will be removed In this project The minimum distance designed is 4-ft measured off the existing timber bulkhead. With the proposed system, no tie back are required allowing minimum impact to coastal marsh area. e, Are the proposed activities maintenance of an existing project, new work, or both? BOTH —~ f. What is the approximate total disturbed land area resulting from the proposed project? 416 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo 1:1NAiECEiV that the public has established use of? AUG 1 ,1 ZULU UCM i rvt e , '�' 52-L��$-28t9$ 1-868-4RCOAST vrnw.rtocolstain-ianagement.net Form DCM MP-1 (Page 4 of 5) h. Describe location and type of existing and proposed discharges to waters of the state. NONE. i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ¢Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, Package to be complete. Items (a) — (1) are always applicable to any major development app instruction booklet on how to properly prepare the required items below. a. n protect narrative. An accurate, elated work plat (including plan view and cross -sectional drawings) drawn to proposed project. Is any portion already complete? If previously authorized work, clearly between work completed and proposed. n wte ur iocaucin map trial Is sufficiently detailed to guide agency personnel unfamiliar Will• u. m copy of the deed (with state application Only) or other instrument under which the applict C. 1 rte appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowner owners have received a copy of the application and plats by certified mail. Such landowne which to submit comments on the proposed project to the Division of Coastal Management Name FAR START PROPERTIES LLC Address 348 SERENITY ERNE, HOLDEN BEACH, NC 28462 Name MAS PROPERTIES Address 131 OCEAN BOULEVARD WEST, HOLDEN BEACH, INC 28462 Name Address g. A list of previous state or federal permits issued for work on the project tract. Include permi NA rr. oryrrea consurtant or agent authorization form, if applicable. r vveuana delineation, if necessary. i. - -yr reu nazara notice tot projects in oceanfront and inlet areas. (Must be signed by I A statement of compliance with the N, C. Environmental Policy Act (N.C. G.S_ 113A 1-16), if it of public funds or use of public lands, attach a statement documenting compliance with the l 7. Certification and Permission to Enter on Land APPLICATION for Major Development Permit NA ❑Yes ®No []NA Dyes ®No ❑NA must be submitted in order for the application ication. Please consult the application cale. Please give the present status of the plicate on maps, plats, drawings to distinguish the area to the site, nt claims title to the affected properties. and signed return receipts as proof that such s must be advised that they have 30 days in Phone No. Phone No. Phone Na. numbers, permittee, and issuing dates. roperty owner) ecessary. If the project involves expenditure lorth Carolina Environmental Policy Act. I 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 I am authorized to grant, and do in fact 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 that the information provided in this application is truthful to the best of my knowledge. 2020 AUK 13 2§2-czii8.2Sr�t3 11-11388-4RCOAST .. x+ WvvK nccoast:aFr11ana9vmert.not DCM WILMINGTON, NC Form DCM MP-1 (Page 5 of 5) Date 2-OW Print Name Signature Ann Wyker Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MPA Structures Information APPLICATION for Major Development Permit AUG 13 2M ,)w W11.MINGTON, NC 252-808-2808 .. 1-8a8-4RCOAST .. www.necoastatmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in fleet. Access Other Nan ell Canal Boat Basin Boat Ramp Rock Groin Rock (excluding rVWL stabilization Breakwater shoreline Length 104 Width 4 _ Avg. Existing Depth NA NA 0 Final Project Depth NA NA 1.58 1- EXCA VA T►ON a. amount of material to be excavated from below NHVV or MA in cubic yards. 0 C. (i) Does the area to be excavated include coastal wetlandslmarsh (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 416 ❑SAV ❑SB OWL 416 []None (ii) Describe the purpose of the excavation in these areas: Excavation will be minimized but where necessary the purpose will be to install proposed pre -cast retaining structure and foundation material. The foundation proposed for the retaining structure will consists of 10-inches of #57 stone below grade Total 1.58-ft below grade (10" #57. 9" pre -cast concrete). 2. DISPOSAL OF E)(CAVATED MATERIAL a. Location of disposal area Brunswick County Landfill []This section not applicable b, Type of material to be excavated, mud/coastal wetlands d. High -ground excavation in cubic yards. 24 CY b. Dimensions of disposal area. NA 'CF1 V F_ID AUG 13 ZZ o 'M VVII.M1NGTON, NG El This section not applicable C. W Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? [--]Yes ❑No ®NA ❑Yes []No ®NA 0i) If no, attach a letter granting permission from the owner. (ii) If yes, where? e (i) Does the disposal area include any coastal wetlands/marsh f (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑GW ❑SAV ❑SB ❑WL ®None (6) Describe the purpose of disposal in these areas: W Does the disposal include any area in the water? Dyes []No ®NA (ii) If yes, how much water area is affected? 252 8€38-280& :e 1-888-4RCOAST :: u,Wvv_ncC0cst�trr�a9ayemettet.net acvasre:7 4'[i� Form D''7M MP-2 (1=-xaavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (If development is a wood grain, use MP-4 — Structures) a. I ype of shoreline stabilization: ®bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material- Precast concrete wall units g. Number of square feet of fill to be placed below water level. Bulkhead backfll Riprap Breakwater/Sill Other BELOW WL, NONE i. Source of fill material. BY WAY OF HIGHWAY (WILL PURCHACE CLEAN SANDY AND 457 STONE TYPE MATERIAL) 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ❑ This section not applicable b. Length; 104ft Width: Oft d. Maximum distance waterward of NHW or NWL: 0' f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA 00 If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. SANDY TYPE MATERIAL, TYPICAL SANDY BACKFILL, #57 STONE a. (i) Wil fill material be brought to the site? ❑Yes ❑No ❑NA b. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? WILL BE BROUGHT IN PRIOR TO BULKHEAD CONTRUCTION, WILL SEED AND SOD AFTER BACKFILL. C. M Will navigational aids be required as a result of the project? []Yes ❑No ®NA (ii) If yes, explain what type and how they wilt be implemented. ®This section not applicable (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? BOBCAT TO MOUE AROUND SAND/STONE. CRANE EQUIPMENT TO CONSTRUCTIINSTALL PRECAST BULKHEAD FROM IANDSIDE. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (4) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 41 j � N =VNrION, NG 2�2SQ$-28t38 :: 1-EI&S-41RCOAS$:, wwwr,nccaastafrnana�err wt.ne# —11isc l: 12i26,06 Date 1031 TIDE RIDGE DR. HOLDEN BEACH, NC Project Name A * W i Kez Applicant Name JI7/ZD Applicant Signature MEWED AUG 13 ZON or W1410INGTON, NC 252-808-2808 1-888-4RCOAST :: www.nccuastalmara erraent.net aeuasc ;26/0; ROY COOPER Governor NUCHAEL S. REGAN Seeretep ry BRAXTON C. DAVIS Director SENT VIA EMAIL McPherson Marine c/o Jesse McPherson 101 N Atlantic Ave Southport, NC 28461 NORTH CAROLINA Environmental Quality August 13, 2020 SENT VIA EMAIL RE: CAMA Major Development Permit Application Wyker Private Bulkhead Dear Mr. McPherson: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the replacement of a failing bulkhead located at 1031 Tide Ridge Drive, Holden Beach, Brunswick County, NC. It was received complete on August 131', 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 27t1i, 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 August 131, 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-119(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 along 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, 17— � — Brendan Brock Field Representative cc: Curt WeycheM MHC Rhonda Wooten, LPO WIRO DCM USACOE Robb Mairs, DWR Ann & Robert Wyker, Applicant North Carolina Department of Environmental Quality j Division or Coastal Management Wilmington Office 127 Cardinal Drive Extension I Mrington, North Carolina 28405 91o.796.7215 rqwql PM r N r Ow DID Aft wo 1 , � u r .I � �1 .1 'I E 1 �I � r i � i 1 a: r V 0 a� w w U CU Q F-- Z Cw C 0 r) .� 0 J W �W 0LL Up c� Q � Ww oCL W -j CE U �0 QL- W 02 LL L a Y c c as t a J2 r ROY COOPER Governor F_ i wirowwwal Oaalin. August 21, 2020 Advertising@stamewsonline.eom 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • James and Tammy York • Robert and Ann Wyker MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Hello Angie: Please publish the attached Notice in the Wednesday, August 26, 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 7arimy Springer. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our . Wilmington office. "� I ietila Support & Customer Assistance cc: MHC Curt Weychert WIRO File USACE State o£idorth 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On August 14, 2020, James & Tammy York proposed to replace SO linear feet of bulkhead with associated coastal wetland fill at 407 IV' St., adjacent to a manmade canaUAIWW, in Sunset Beach, Brunswick County; and on August 13, 2020, Robert & Ann Wyker proposed to replace 152 linear feet of bulkhead with associated joint fill of 404 coastal wetlands at 1031 Tide Ridge Dr., adjacent to the AIWW, in Holden Beach, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, 910-796-7270 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 September 16, 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. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Robert and Ann Wyker Mailing Address: 4007 City of Oaks Wynd Raleigh, NC 28612 Phone Number: 919-602-3250 Email Address: annwyker@gmail.com I certify that I have authorized Jesse McPherson / McPherson Manne Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development; Bulkhead for single family use at my property located at 1031 Tide Ridge Dr., Holden Beach, NC in Brunswick County. f furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: err Signature Pnnt or Type Name Title 'li`71c� Bate This certification is valid through IZ 1 1 Z L G q 1%0 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Robert and Ann W ker Address of Property., 1Q31 Tode Ridge Dr., Ho[den Beach, NC 284Q2 Agent's Name #: N1A�CiV' Mailing Address: 4007 City of Oaks Wynd, Raleigh, NC 27612 JUL 2 0 Z020 Agent's phone #: NA DCM WILMINGTON, NC I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing -the development they are proposing. A description and drawing, with dimensions is attached with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15from 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 15' setback requirement. I do not wish to waive the 15' s (Property Owner Information) (Adjacent Signature KL&-�: Print or Type Name T )N 0 Mailing Address mac , IVL 22!IZ City/State/Zip Telephone Number J- z- Date ire D;AZ AJ Print or Type Name fox aZerz z Mailing Address 4.;�j�oq /1 t /V 0 ZNJ-7 City/State/Zlp Telephone Number d Date Revised 6/26/2017 0 Complete items 1, 2, and 3. ■ Print your name and address on the rewso So that we can return the card to you. I Attach thi8 Card to the back of the m,,,ptece or on the tfOnt if space permits. 1. Article Addressed to: F�{2 srAIZ F�2o'PCRriEs 3yS SW-"rry u9uE N�D� gEA�FI, Nc 29�lbz IIIIIIIIIIIIIIIuunmuuu u� �.,,,.,, A. Signature e_ racei44bY 0 Agent Aaa�e` C. Date ref bed; D. Is delivery a r t fro item j ? y < If YES, ente 1 �� � No dCM W1LMrNGTpN, NC JUL 2 0 2020 ❑ Adult gnatu'e 9590 9402 5$03 0034 6594 0 ❑ Adult signature Restricted Qeiivery ❑ Certified Mails Certified Mali Restricted Relive 2. Article Number ❑ Collect on Relivery Delivery (Transfer from Service label) ❑ Collect on Delivery Restricted Defivery flaTail Restricted Qelivery il 7020 0090 0001 517 0 8776 PS Form 3811, July 2015 PSN 7530-02-0o0-90s3 of ❑Priority Mail Express® Reglsfered MaiIT egistered Mail Restrictec Delive11 ry ❑ Return Receipt for ❑Sig atura Conf rmationT" ❑ Signature conarrratfen Restricted Delivery ------------------_-,--- -" Domestic Return Receipt CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Robert and Ann W ker Address of Property: 1 Q3Ti ,Bench NC 28462 Agent's Name #: NIA RECEIVED Mailing Address: 4007 City of Oaks Wynd, Raleigh, NC 27612 AUG 14 202,..i Agent's phone #: NA 0CM WILMINGTON, NC 1 hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A description and -drawing, with dimensions is attached with this letter. [ have no objections to this proposal. I have objections to this proposal, If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by CertJfied Mall, WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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 15' setback requirement. -- I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent PropeZtur42 o at' Sig ature S �; Print orType Name Mailing Address city/Si Zip ` gig - CAD. 2- 3256 Telephone Number Date /111P r �s Print or Type Name Mailing AcTdress City/State/Zip /11 yza Telephone Number ll Date Revised 612612017 F - ORIX Precast Modular Wall System i tAO t 0t 1jyl� i'N VA. MA - 4 r' a Forix is a concrete precast modular block retaining wall system, large in size yet economical in weight and possesses UNPRECEDENTED ENGINEERING EFFICIENCY. The unique features of the Forix retaining wall system includes: • Triangular geometry of rear legs create an arching effect with backfill resulting in downward pressure on block units for stability • Less freight weight and manufacturing costs when compared to solid precast concrete wall units • Various face impressions available including natural stone finish • Capable of turning radii • 90 degree corner unit available • Constructible with or without cap unit, or with traffic barrier as required by site conditions • Automatic vertical alignment control by means of lugs on bottom of units • Can be designed and constructed taller than conventional gravity height walls using polymer geogrid reinforcement, including mechanical (positive) geogrid connection [. � P ■1_ ESTIMATING CHARTS EARTH WALL PRODUCTS ea rt hwa l 1prod acts. c one 678-594.3451 T i k f: , ' 1 VA13 ? ?_ Yi V S! Iry i � a( yf/jnL f I 4 i ! 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M s°a V p jjdt V in n C9 ui N O r' 110 E m N Lai o� ,1 m m N Ul a r C YC. 0 a O ` m E 4= ry E w � U - � O H� u U e 1 m i` U i nm E o � E m w N 9 a Z vs z Y c v a o 1= O �a$ w a LJ m o n� c CL CV U c m N m M p om v r. 2 0} — d v 0 0 cr cz m ) co :3 N TJ � til b Q L cu (D (U m SU ¢ r U 3 I O D 01 0 as co co c 5v L > ® N oCD po C� C y O (] N cc r) CERTIFICATE OF EXEMPTION FROM REQUIRING A CAMA PERMIT N° 016430 as authori2ed by the State of North Caroiira, Department of Environment and Natural Resources and the Coastal Resources. Co ntissirF)� I�� 46 ��sc � d. in an area of environmental concern pursuant to 15 NCAC 5ubchapier TK -QQ�� q 1 % 7j Applicant N me iv_iPhone Nrirrll;er1ftSC Address Pre;e ct Locqgp Cou�t-y State ad, 1h'ater Body etc.1 i`{-i(-V _i�i3r'��r - c .fry and Dimensions of Project The proposed project to be located and construe€e.d as described above is hereby certified as exempt From the CAMA permit mquiramentpursuantto 15 NCAr- 7f ' 'I This exemption to CAMA permit requirements does not alleviate the secessiry of your obtaining outer State, Federat or Local authoriudon 'his certification of exemption from requiring a i-k MA permit is valid for 90 days from the date of Lzu.-ince. Following expiration, • -- -- -E +- -- t -- -- a - . - I� I II a ►e-examination of the project and project site may be necessary to continue this certlficatlon" SKETCH 4 P c` � i Y ti v' 1 's�-1 �, e�L 'cJ s P'� _•�.s/f .1'� ! ;•. h 1 �V 3/23/2020 Mail - Brock, Brendan O - Outlook [External] 1031 Tide Ridge Drive in Holden Beach, NC Beecher, Gary H CIV USARMY CESAW (USA) < Gary. H.Beecher@usace.army.mil> Mon 3/16/2020 9:51 AM To: Brock, Brendan 0 <brendan.brock@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc. gov> ALCON, met with Brendan at this site on March 3, 2020. The site visit was to confirm where the 404 Federal Wetland Line is. 1031 Tide Ridge Drive Holden Beach, NC https:lfoutlook.office365.com/maillinboxild/AAQkAF)ViMzg3 NTMyLT]IMTMtN GM5Yyl h NzQ4LTh iOWM2 N WZhNiG5YwAQAO13h KUxPOrchvsSM 1 MwFi... 1 /2 3/23/2020 Mail - Brock, Brendan 0 - Outlook USACE Project ID: SAW-2020-00500 After field reviewing the soils, vegetation and hydrology it was determined by the Corps that the 404 Wetland Line abuts the existing bulkhead and marsh topo break along the .74 acre site. Please contact me if any additional information is required for this project or if there are any questions about the USACE Regulatory Program. Respectfully, Gary https:lloutlook.ofiice365.com/maillinboxAdlAAQkADVjMzg3NTMyLTIIMTMtNGM5Yyl hNzQ4LThiOWM2NWZhNjc5YwAQA013hKUxPOrchvsSM 1 MwFi... 212 NORTH CAROLINA Environmental Quality August 21, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(o-)NCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: Robert & Ann Wyker ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 1031 Tide Ridge Drive, adjacent to the AIWW, Holden Beach, Brunswick County Proposed Project: Proposal to replace 152 linear feet of existing bulkhead and fill approximately 416 sgft. of joint 404 and coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 RECENEC JUN 2 3 2020 1pgM yVi -MINGTQN, NC Rle; ;, user v Ulm STATE OF NORTH CAROLINA GENERAL WARRANTY DEED REVENUE STAMPS: $ 1,3 14- w PARCEL# 245DA025 DRAWN BY: Amanda Kirby, KIRBY LAW FIRM PLLC RETURNED TO: Brief Legal: Lot 25, Pointe West Development This deed, made and entered into this J-RA day of �109ugyst , 2010, by and between CHRISTOPHER MEANEY and wife TRACEY L. MEANEY (of 4120 DEVON WOOD DRIVE, MARIETTA GA 30066); DAVID L. MEANEY and wife ELIZABETH BELL MEANEY fka ELIZABETH H.C. BELL (of 1659 PINE ROAD, MARIETTA GA 30062), the Grantor(s), and ROBERT T. WYKER and wife ANN WYKER, Grantee(s), whose address is:�-� e� Qf WITNESSETH, that the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all that certain lot or parcel of land located in the county of BRUNSWICK and State of NORTH CAROLINA, more particularly described as follows: Being all of Lot 25, Pointe West Development, Hoiden Beach, Lockwood Folly Township, as more particularly described in a survey plat dated 3 May 1999 by Thomas W. Morgan, R.L.S., recorded in Map Cabinet 21, Pages 221-222, Brunswick County Registry. This conveyance is made subject to restrictive covenants as recorded in Book 1361, Page 286, Brunswick County Registry. The property conveyed herein is not the primary residence of the Grantors. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto belonging, to the Grantee in fee simple. The Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2010 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. The designation Granfinr nnri rrnnttca ac 11eAMA Kgnrcim --.-2 _ _ GRANTOR: CHRISTOPHER M EAL) �-� -1 0, GRANTOR: TRACEY L. M ANEY GRANTOR: DAVID L. MEANEY by CHRISTOPH / EANEY as j f GRANTOR: ELIZABETH BELL MEAN Y fka LIZABETH H.C. E MEANEY as Attorney in Fact ;QED STATE OF `SUN 2 3 2020 COUNTY OF SEAL) ; (SEAL) r y in Fact d (SEAL) by HRISTOPHE i1r�:A 1n1!f RRi11��-a�Ri dew I certify that the following person(s), CHRISTOPHER MEANEY and TRACEY L. MEANEY personally appeared before me this day, acknowledging to me that he/she/they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: GRANTORS, [Check One] _ 0) 1 have personal knowledge of the identity of the principal(s); or (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a C AMANDA KIRRY NOTARY PUBLIC STATE OF NORTH CAROUNA BRUNSWICK COUNTY MY COMM. O(P. 6-30-2014 (Official Seal of Notary Public Here) STATE OF Alopjh [pro COUNTY OF Date: /9a MGY -27 2010 Notary Public Signature ..,9"?4/h da Printed Name of Notary Public My Commission Expires:t1l'?,01.2,01il I, /9ro on do k'' 46 a Notary Public, do hereby certify that CHRISTOPHER MEANEY, Attorney in Fact for DAVID L. MEANEY and IZABETH BELL MEANEY fka ELIZABETH H.C. BELL, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument on behalf of said DAVID L. MEANEY and ELIZABETH BELL MEANEY fka ELIZABETH H.C. BELL and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in the office of Register of Deeds in the County of BRUNSWICK on the ?7-IS day of _*904wsf 2010, in Book 30740 , at Page 1137 and Book 307& , at Page /"4/ respectively, and that Instrument was executed under and by virtue of the authority given by said instruments granting him power of attorney. I do further certify that the said CHRISTOPHER MEANEY, acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed on behalf of the said DAVID L. MEANEY and ELIZABETH BELL. MEANEY fka ELIZABETH H.C. BELL and in the following capacities: As Attorney in Fact. [Check One] Z0)1 have personal knowledge of the identity of the principal(s); or (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a 4 10L Date: AA!ol si .Z7 , 2010 Notary Public Signature (Official Seal of Notary Public Here) CCEIVED r� JUN 2 3 2020 STATE OF NORTH CAROLINA. DECLARATOX 4 112S)NU (Ob ECHO FARMS, YAP NO. ; COUNTY OF NEW HANOVER. LOTS_ 83-127 _yam THIS DECLARATION, Kado this the _day C �.ns 19Uf by ECHO FARMS JOIKT VENTURE, a partnership With a Certificate filed pursuant to N. C. 6. 5. 66-68 in Book R57, at Page 334, in the New Haiwver County Registry, hereinafter referred to as the "Company'; WITNESSETH: THAT WHEREAS, the Company is the owner of certain property being described as Echo Farms, Map No. 31 Lots 83 through 127, a map of said Subdivision being recorded in Map Book 16, at Page 12, of the New Hanover County Registry; and WHEREAS, it is the desire of the Company for itself, its suca,ssors and assigns, to provide for a uniform development of said property in order to preserve its value and to protect the property owners; NOW, THEREFORE, Echo Farms Joint Venture, for itself, its successors and assigns. does hereby declare that the following restrictions shall apply to all lots located in the said Subdivision known as Echo farms,. • Map No. 3, Lots 83 through 127, a asap of which is recorded in the Registry of New Hanover County, in Map Book 16, at Page 12, and that the said Restrictions hereinafter set forth shall be binding upon all parties claiming title to said lots under the said Echo Farms Joint Venture, its successors or assigns. a 1. Definitions: As used in this Declaration of Restrictions, the following terns s a -mean-. (a) The "Company" means ECHO FARMS JOINT VENTURE. its suc- cessors and assigns, (b) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictions. 2. Residential use: (a) All lots shall be used for residential purposes exclusively. (b) No trailer, tent, or other structure of a temporary character shall be placed upon anyshelters uby t lotaanytim ovided,however,that this prohibition shall not apply to he contYAC01's during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any tirce be used as residences or permitted to remain on the lot after completion of construction. (c) No fuel tanks or similar storage receptacles may be exposed to view. Any Such receptacles may be installed only within the main dwelling house or buried underground. 3. Building and Site lav9rovements: (a) No building, fence, wall, bulkhead, or other structure Ito JUN 2 3 Lii Zb toot 1021 rAt 429 page 2 shell be erected, placed, or'altered on any residential lot, nor shall the grade or elevation Or physical charaeteristie7 of any such lot ar portion thereof W altered in any way whatsoeyar until the roposed building plans, specifications, td lexterior ocetion oflors such}buildinghorisits and structw ,gdrdiveess plans parking)aireas and the proposed alterations to the grade, elevation or p45i0i characteristics of the site). and construction schedule shall hart been approved in writing by the Company. Refusal of ipproval-of any such plans, location, or specifications may be based by the Company upon any ground, including purely aesthetic and envirOAMentrl considerations, that in the sole and Uncontrolled discretion Of the Company shall seem sufficient. Without the prior written consent of the Company, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure or in the grade, elevation or physical characteristics Of any lot or in the treatment of culverts and drainage within the street right of way shall be mode without like approval by the Company. a. A rava� 1p_ of Plans: (a) No house plans will be approved unless the proposed house contains the minimum required square footage of enclosed dwelling area of 2000 square feet. The term 'enclosed dwelling area" as used in these minimum - size requirerents shall mean the total enclosed area within a dwelling, which computation shall include in the developer's discretion, enclosed garage and porch areas not to exceed in the aggregate. 20o square feet; provided however, that such term does not include unenclosed garages, terraces, decks, open porches and like areas, provided further, that shed -type porches even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". (b) since the establishment of standard inflexible building set back lines for location of houses on lots tends to force construction of houses directly behind and directly to the side of other howes with detrimental effects on privacy and preservation of important trees and other vegetation, ecological and related considerations, no specific set back lines are established by these restrictions. In orderto assure, reserves thatr he foregoing ontrolonsidera- lions are given maximum effect, Y and approve absolutely the site and location of any house or dwelling or other structure on any lot. (c) The exterior of all houses must be completed within twelve (12) months after the construction of same has commenced, except where such completion is impossible or would result in great hardship to the owner or Wilder due to strikes, fires, national emergency or natural calamities. (d) No structure except as hereinafter provided, shall be erected, altered, placed or permitted to remain On any lot other than a detached single-family dwelling not to exceed two stories in height, unless the Company approves in writing a structure of more than two stories pursuant to paragraphs 2(a) and 3(a) hereof. (e) Each lot owner shall provide space for parking two automobiles off the street prior to the occupancy of any dwelling constructed on said lot in accordance with reasonable standards established by the Company_ 5. liaintenance. (a) it shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkempt conditions of the beauty ofothe neighborhoodsuch islot a whole orshall thetspecificnd to uasreenntially decrease (b) No noxious or offensive attivity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. There shall mat be maintained any plants or animals or device or thing of any sort whose normal activities or existence in any way is —laus, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other RECEIVED JUN 2 3 2020 AOM WI1..A.11,N!GTON NC; enox 1021 r� 11-0 . Page 3 ' j property In the neighborhood by the owners thereof, 6, SiQns, Without the prior written permission of the Company, no sign of any character shall be displayed except a property identification sign not excee0ing a combined total of more than two square feet. Nothing herein shall be construed to prevent the Company from erecting, placing or maintaining such signs as my be deemed necessary by it for carrying out its business, 7. Miscellaneous Easements: The Company reserves unto itself, its successors and ass gns, a perpe ua , a Tenable and releaseable easement over the rear thirty (30) feet of each lot for the purpose of cutting and maintainfng drainways for surface water whenever action may appear to the Company to be necessary in order to maintain reasonable standards of health, safety and appearance. Such rights nay be exercised by any licensee of the Company but this reservation shall not be considered an obligation of the Company to provide or maintain any such service. 8. Hells: No private water walls may be drilled or maintained on arty residential oT t without the prior written consent of the Company. 9. Culverts: Lot owners will utilize culverts as specially designed and destgnat�the developer to achieve the maxima esthetic effect. 10. Subdividing: (a) No lot shall be subdivided or Its boundary lines changed except with the prior written consent of the Company. However, the Company haraby expressly reserves to itself, its successors and assigns, the right to re -plat any two or more lots shown on the plat of the subdivision in order to create a modified building lot or lots and to take such steps as are reasonably necessary to make such re -platted lots suitable and fit as a building site. (b) No lot shall be increased in size by filling in the waters on which It abuts without the prior written approval of the Company. 11. Docks: Ila private docks, piers, etc., may be erected on, placed on or connected to any lot unless specifically authorized in the deed to said lot. 12. Zonin • The Company reserves unto itself the right to proceed with a plan of development as provided for in the master plan of development for the Echo Farms and Country Club complex, including the erectlGn of condominiums, apartments and high rise structures on coea ercial and multi -family areas. Each lot owner acknowledges that he is cognizant of the proposed plan of development and covenants for himself, his heirs and assigns, that he will not oppose the Company's plan of development or any zoning changes required to comply therewith. 13. Assessments: Future city assessments for curb, gutter, road improvements, etc., any), after initial development will be the responsibility of each individual lot owner. Each lot owner for himself, his heirs or assigns, acknowledges the responsibility on his part to reimburse the developer far his lot's prorata portion of utility connection charges paid in advance by the developer to the city. For the purpose of computing this charge, the amount as computed by the project engineer will be official. 14. Mature preserve: Any property in this development designated as a nature preserve s rat, by dedicated by the developer for the use, enjoyment and benefit of lot owners In the subdivision. However, only paddle boats and boats with electric motor: will be allowed in the creeks and canals which flow through the nature preserve. 15. Covenants to run with the Land. All covenants, restrictions, and affirmative obligations set forth In these restrictions, shall run with the land and shall be binding on all parties and persons claiming under RECEIVED . JUN 2 3 2020 fV VVya�r INC soD L021. mitt 431 Page 4 them to specifically include but not be limited to, successors and assigns, if any, Of the CompanY. 16, Yf0lMtioni: in the avant of a violation or breach of any of these restric7*­ns"6y any tot owner or agent of such owner. the COMAMY or owners of any other property in Echo Farms or any of them jointly and severally, shall have the right to roceed at law or equity to caapel caiglianca to the terms hereof or 0 prevent the violation or breach. 17, invalided nn; The invalidation by any court, agency or legislation of any pro— -vision of these restrictions shall, in no way, affect any of the other provisions of these restrictions, but they shall remain in full farce and effect. Ia. FangeModifiany part or all of thesprestrictions,.covenantse right to amend, or c angels an]+ p and conditions herein set out by the filing in the Office of the Register of ation of ded Restrictive Covenants, which such eds famendments, modificationsNew Hanover County, a corradditions to the restrictive covenants hall be made cable to the Contained lots made subsequentrtoitheon srecording of suthideclaration ofamended nveyance of restrictive covenants. IN WITNESS WHEREOF, ECHO FARMS DEVELOPMENT CORPORATION and WILMINGTON HOMES, INC., being all of the partners of ECHO FARMS JOINT VENTURE. do hereby execute and acknowledge this instrument, all the day and year first hereinabove written. , Ala:' ts d ECHO FARMS JOINT VENTURE 4€ '.."'" 7 BY: ECHO W�Eres Sent �4:' Q �kTTEST: Partn1_ �tsss cretary ECHO FRRMS JOINT VENTURE r.ATTEST: BY: WIiMENGT(M I MES. INC.. Partner a �.. Asst. Cr Cary ce- res p '`(CORPORATE SEAL) STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. a N Cary .ubiic of the Said County an te, ereby cer i y Ehat rsonally came before me this day and acknowledge4 t at itj[ s�' or ECHO FARMS DEVELOPMENT CORPORATION, a corporat on and partner a CFO JOINT VENTURE, and that by authority duly given and was duly act of the corporation and pprtnership, the foregoinginstrument signed in its name by its / f .• sealed with its corporate seal. and attested by,' 4&M s WITNESS my hand and notarial seal, this the/?_YlJdny of LC� /a' � Ua tR- is F' • �` 9 �• y Cor sission expires: //•�� i'p1'. p�1 i51.�SFi11�1 • ..'ff, Jlt,i �,1�1 , . RECEIV.ED JUN 2 3 20M QCM WILMINOTON, SIG RAU OF WWW COM OF I,(". A., of the said rAlAnq and-statal hereq cvrfir--R�r personally cue before me th a day and a0nowlftgeo that of WILMINATOR HOMES, INC- a corporation and partner of WNTURI. and that by authority duly given and at the W of the corporation and partnershi the foregoing Instrument was duly signed in its Aare by Its sealed with its corporate seal, and attested byes is VITMESS sty hand and notarial $141, this the 7% day of -7 V VOV�'�qWsslon expires. r '&_7A/Z STATE OF NORTH CAFOLIKA, COUIM OF NEW HkOVER. The foregoing certificates of liable D, Randall and Kerria are hereby certifieC to be correct. THIS 1day of -Ja 19js-. REG S' by g� (PREPARED BY HOME, HILL. JONES, NASH YN M Attys.) Be-PkAty ReCejVCd and ReCOtdfd jt�ary 9, 1975 122M-e-M- Major Permit Fee Schedule Project Name ""I County: e j.L Check No & Amount: Development Type Fee DCM % (14300160143510009316256253) DWQ % (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) Ill. For development that involves the filling andlor excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification Certification No. 4144 (see attached) be applied, but DCM staff determined that additional review and ritten DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) 11I(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: 4 60% ($240) 40% ($160) IV. Development t7involvese filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) 14