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
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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
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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
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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
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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
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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?
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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
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—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
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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
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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
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ire
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City/State/Zlp
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d
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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
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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
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ll
Date
Revised 612612017
F - ORIX
Precast Modular Wall System
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wall system, large in size yet economical in weight
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The unique features of the Forix
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• Triangular geometry of rear legs
create an arching effect with
backfill resulting in downward
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• Less freight weight and manufacturing
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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
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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