20200209 Ver 1_DCM Correspondence_20210421

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
MF,MOI?ANDUM
NORTH CAROLINA
Environmental Quality
TO: Curt Weychert
Assistant Major Permits Coordinator, Wilmington
FROM: Tara MacPherson
District Manager, Wilnoon
DATE: April 20, 2021
SUBJECT: Minor modification request State Permit No. 58-20,
Brian Smrz, 1701 N. Lumina Ave, Wrightsville Beach, New Hanover
Mr. Smrz is requesting to modify State Permit No. 58-20. State Permit No. 58-20 was originally
issued to Mr. Brian Smrz on May 20, 220 for docking facility configuration within Middle Sound.
A settlement agreement was issued on October 26, 2020 in relation to the riparian setback with an
adjacent property owner. DCM conducted a site visit on March 5, 2021 to verify the placement of
the approved structures under State Permit no. 58-20. This permit is due to expire on December
31, 2023.
Mr. Smrz is requesting modification to the existing permit for the installation of an 18 ft. long by
12 ft. wide platform within the existing boatlift pilings on the northern side of the permitted
docking facility. According to the proposal, the modification would not expand the existing
footprint. Mr. Smrz currently has authorization for up to 5 formalized boatslips.
It is the staff s recommendation that the proposed reconfiguration appears to be consistent with 15
NCAC 07H.0208 (b)(5) and existing permit conditions. This office has no objection to the
proposed work, provided it is consistent with all other state and federal permitting requirements.
The agent has submitted adjacent riparian property notifications and a check (#322) in the amount
of $100 for the modification request.
By copy of this memo, DCM is requesting that the USACE, DWR and the Town of
Wrightsville Beach, provide any comment that your agency may have on the proposed
project to Curt Weychert of DCM's Morehead City office within 14 days of receipt of this
memo.
Enclosures
cc: USACE Holley Snider, DWR
Tony Wilson, LPO
MW
NorthCarolina Department of Environmental Quality I Division of Coastal Management
D_EWilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405
um m.m+a.\ 910.796.7215

4/12/21
To: NC Division of Coastal Management
Department of Environmental Quality
Wilmington Region District Manager
Dear Tara MacPherson,
Attached are two drawings of a proposal for a minor modification request to Major Permit
58-20 at 1701 N. Lumina, Wrightsville Beach, 28480.
The proposal is to install a 12' x 18' platform onto the already permitted boat lift. This decking
will enable easier access to clean and/or put a cover on a boat in the lift among other things.
I have attached signed no objection notifications from two of the adjacent property owners,
Tony Wilson with the Town of Wrightsville Beach and David Callahan (Sunset Lagoon). I have
also attached the certified mail receipt which has been delivered to the new owners of 1
Parmele, John R and Susan P Allbert.
Please let me know if there is anything else I can provide.
Thank you,
Brian Smrz

Brian Sma
1701 N. Lumina
Wrightsville Beach N.C. 28480
Drawn by Brian Smrz
on 3/8/21
#1 of 2
Scale
1 square of grid = 10'
4 squares of grid = 40'
1" = 40'
7.5'
Easement
+ 300'
Top View
Proposed
12' x 18' deck
for boat lift
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RECEIVED
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner:
Address of Property:
Agent's Name #:
Agent's phone #:
Brian Smrz
1701 North Lumina, Wrightsville Beach North Carolina 28480 New Hanover
(Lot or Street #, Street or Road, City 8 County)
725 Larchmont St. Simi
Brian Smrz
805-657-0077
Mailing Address: Valley Ca. 93065
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me asrshown on the attached drawing the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
X 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 10 days of receipt of this notice. Contact information for DCM offices is
available athttp://www.nccoastalinatiagemetit tietlweb/cm/staff-listing orby calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property wner Information)
Signature
Brian Smrz
or
725 Larchmont St.
Mailing Address
Simi Valley Ca. 93065
City/State2ip
805-657-0077 [e-mail]
Telephone Number/Email Address
3/18/21
(Riparian Property Owner Information)
��i�lOel Partner
Signature David M. Callahan, Partner
Sunset Lagoon Investment Properties LLP
Print or Type Name
219 Oval Park PI
Mailing Address
Chapel Hill NC 27517
City/State2ip
919-636-0505 / [e-mail]
Telephone Number/Email Address
Date
Date
(Revised Aug. 2014)

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
1,1'111 6 7C7i
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER;P9RM .":
Name of Property Owner:
Address of Property:
Agent's Name #:
Agent's phone #:
Brian Smrz
1701 North Lumina, Wrightsville Beach North Carolina 28480 New Hanover
(Lot or Street #, Street or Road, City & County)
725 Larchmont St. Simi
Brian Smrz
805-657-0077
Mailing Address: Valley Ca. 93065
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for his permit has described to me asshown on the attached drawing the development
they ar pr posing. A description or drawing. with dimensions, must be provided with this letter.
I
they
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 10 days of receipt of this notice. Contact Information for DCM offices is
available at http://www.nccoastalmanaaernent.net/web/cm/staff-listing orby calling 1.888.4RCOAST.
No response Is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Brian Smrz
Print or Type Name
725 Larchmont St.
Simi Valley Ca. 93065 /
City/state"Zip
805-657-0077 briansmrzQmac.com
Telephone Number/Email Address
3/18/21
Date
(Riparian Pro erty Owner Information)
Siig--n t��n•e
Print or,Type Name
Mailing Address
City/ te/Zip
Telephone Number/Email Address
3--36 Wiz/
Date
(Revised Aug. 2014)

MacPherson, Tara
From: Susan Allbert <[e-mail]>
Sent: Friday, April 16, 2021 9:49 AM
To: MacPherson, Tara
Cc: Elks, Katharine B; John Allbert
Subject: Re: [External] Document - Apr 13, 2021
Categories: To Print
Hi Tara and Katharine,
We met with Trip Pippin this morning and he filled us in on all the details. We are all good with Brian's dock and will not
dispute that! Y'all have a great weekend!
Susan Allbert
Sent from my iPhone
On Apr 13, 2021, at 4:23 PM, Susan Allbert <[e-mail]> wrote:
Hi Tara,
More than anything we just need more time and want to know more about what is being asked of us.
The deadline to respond is 10 days and we aren't familiar with these guidelines. We just want to talk to
someone about it, there must be a reason that affects us if they are asking our permission and we would
like to know more. Will someone be in the office this Friday to receive what we need to submit in
writing if we drop by in person? It cannot be sent via email or fax? The Smri s are in town and we plan
to meet them to discuss but we would like to speak with you about this together. Could we arrange a
phone call between you and John and me before Thursday? My cell is [phone]
Thank you,
Susan Allbert
Sent from my iPhone
On Apr 13, 2021, at 4:02 PM, MacPherson, Tara <[e-mail]> wrote:
Yes, just to clarify, please submit the specific objection in writing to our office. I believe
the proposed work is within the existing footprint and you should have been provided
with a copy of the proposed platform within the boatlift pilings. If not please let me
know and I would be happy to forward that to you!
Thank you,
Tara

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner. Brian Smrz
Address of Property: 1701 North Lumina, Wrightsville Beach North Carolina 28480 New Hanover
(Lot or Street #, Street or Road, City 8 County)
725 Larchmont St Simi
Agent's Name # Brian Smrz Mailing Address: Valley Ca. 93065
Agent's phone #
805-657-0077
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me asTshown on the attached drawing -the development
they are proposing. A description or drawino with dimensions must be provided with this letter.
I have no objections to this proposal. )( I have objections to this proposal.
#you have objections to what isbeingproposed, you mustnotify the Division of C083W Mansgwnwd
(DCM) In writlng within 10 days of ►ece/pt of this no*& Contact Information for DCM offices is
avellable athttnJ/www.nccoastalmanaaementnet/web/cMsta#-listing orbycalling 1-8884RCOAST.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the I V setback requirement.
Owner
Signature /
Brian Smrz
725 Larchmont St
Maring Address
Simi Valley Ca. 93065
City/stata0p
805.657-0077
Telephone Number/Email Address
3/80
Date
(Riparian Property Owner Inform ntikf )
Sign
Sohn 1�llber�
Print or Type Name
at��Q sh�v� P+re
Marling Address
CAO rlt, NC. aL&—Z 7
City/Stataeo
- IoL4 5-7 3 ltoR-714
Telephone Number/Email Address
H/ia-Lot
I
Date
(Revised Aug. 2014)

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