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HomeMy WebLinkAbout20190431 Ver 1_DCM Correspondence_20220516ROY COOPER Governor ELIZABETH S. RISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Cameron Luck Assistant Major Permits Coordinator, Wilmington FROM: Tanya Pietila DCM Permit Support, Wilmington THRU: Tara MacPherson 1t DCM, District Mana1er, Wilmington DATE: May 16, 2022 SUBJECT: Major Permit Transfer & RenewaI Request: State Permit No. 43-19 Michael Jackson to Lisa Beaman (Action ID SAW-2017-01530) 1833 Avalon Ave., Wilmington, New Hanover County Lisa Beaman is requesting the transfer of State Permit No. 43-19. It was originally issued to Michael Jackson on June 10, 2019, for the development of a private docking facility at 1833 Avalon Avenue. State Permit No. 43-19 is set to expire December 31, 2022. Lisa Beaman acquired the property in December of 2019 and has not been able to complete the authorized work. This Office has no objection to the transfer a of State Permit No. 43-19. Welsh Construction LLC has submitted a check (no. 1002) on behalf of Ms. Beaman for the fee amount of $100. Enclosures cc: WiRO files USACE Holley Snider, DWR North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 May 11, 2022 To Whom It May Concern: I am the new owner of 1833 Avalon Avenue and I would like to have the dock permit transferred to my name. If you need any other information, please give me a call and I will be happy to provide. Sincerely, Lisa Beaman 252-916-5030 1833 Avalon Avenue Wilmington, NC 28409 RECEIV D DOM WILMINGTON, NC MAY 1 1 Wr2 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Lka -eGtyyNa Mailing Address: Phone Number: Email Address: I certify that I have authorized Avi 1d tn Ave, W t a I� 5c3c UJ sci b eculActri Irvv=6 I. GDnn Welsh Construction, LLC Agent ! Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: New pier, dock, & gazebo per Permit No. 43-19 at my property located at 1833 Avalon Ave, Wilmington, NC 28409 in New Hanover County. 1 furthermore certify that 1 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: ik2x/kno.-kJ Signature Print or Type Name Title Date This certification is valid through 12 i 3 1 2Ca9L RECEIVED DCM WILMINGTON, NC MAY 1 1 /POtiZ AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized 1.s33 Avaon in -Ave. v i hA t in 1 c. a 4 4 — 503a 1 UJ 11 Set b eculevlx, h rAct i I- ac m Welsh Construction, LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: New pier, dock, & gazebo per Permit No. 43-19 at my property located at 1833 Avalon Ave, Wilmington, NC 28409 ;n New Hanover County, 1 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: Signature Print or Type Name oui r ex Title 1 { 1 l Loci Date This certification is valid through 12, , 3 RECEIVED DCM WILMINGTON, NC MAY 1 1 Book 6271 Page 1655 BK: RB 6271 PG: 1695 -11697 RECORDED: 12118/201S 04:01:09 PM BY: KELLIE GILES DEPUTY 2019041594 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS AC FEE S26.00 REAL ESTATE EXTX MOO DO ELECTRONICALLY RECORDED Prepared by and return to: x_ Check here if all or part of subject Clark, Newton & Evans, PA property is any Seller's personal 509 Princess Street, Wilmington, NC 28401 residence Brief Description_ PIN: R07908-006-001-000 Stamps: 2,200 NO TITLE EXAMINATION PERFORMED OR TAX ADVICE GIVEN BY PREPARER NORTH CAROLINA COUNTY OF NEW HANOVER EDLrarrtjky & return to: Fuss Law Finn, PC 256-8252 GENERAL WARRANTY DEED THIS DEED, made this the Rut day of December, 2019, by and between, Michael H. Jackson and wife, Royanna P. Jacksort, married individuals with a residence address at 218 Silver Sloop Way, Carolina Beach, NC 28428 (collectively, the "Grantor"), Paul and Lisa Beaman, individuals with a notice and mailing address at 6025 Tarin Rd_, Wilmington, NC 28409 (collectively, the "Grantee"). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. 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 situated in NEW HANOVER, North Carolina, and more particularly described on that Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that 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 whomsoever except for the exceptions hereinafter stated: DCM WILMINGTON, NC MAY 1 1 k V,' Submitted electronically by "Fuss Law Firm, Pc" in compliance with North caralina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of oeeds. Book 6271. Page 1696 1. Ad valorem taxes for 2019 and subsequent years; 2. Rights of way and easements of record, if any; 3. Zoning andior subdivision ordinances and regulations; if any; and 4. Restrictive covenants of record, if any. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. (SEAL) SEAL) Roy.; P. Jackson NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Michael H. Jackson and Royanna P. Jackson. Date: December /(0,, 2019 d4 Notary Public otary's Printed or Typed Name RECEIVED DCM WILMINGTON, NC MAY 1 1 /07/7i Book 6271 Page 1697 ATTACHMENT "EXHIBIT A" BEING all of that certain real property consisting of 2.57 acres as depicted on a Boundary Survey of Michael H. Jackson and wife Royanna P. Jackson Lands recorded at Map Book 67, Page 153 of the New Hanover County Registry. TOGETHER WITH such rights of ingrass, egress and regress contained in any easements of record benefiting said real property of Grantor. 201806U207 1833Avalon Avenue, Wilmington, NC 28409 RECEIVED DOM WILMINGTON, NC MAY 1 1 fiid ZZ Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crrntt for X Major Development in an Area of Environmental Concern pursnrnt to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Michael & Royanna Jackson, 1833 Avalon Avenue, Wilmington, NC 28409 Permit Number 43-19 Authorizing development in New Hanover County at adj. to Myrtle Grove Sound/AIWW, at 1833 Avalon Ave., Wilmington, as requested in the permittee's application dated 03/18/19, including attached workplan drawings (5), Sheets 1-5 of 5 all dated 03/06/19. This permit, issued on June 10, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair /-1,0041ir Braxton C. Davis, Director D vision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Michael & Royanna Jackson ADDITIONAL CONDITIONS Permit No. 43-19 Page 2 of 3 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the. U.S. Coast Gn}ard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes a maximum of six (6) formalized boat slips. 7) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.govinc-es/inammal/manatee guidelines.pdf. Shellfish 11) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as "Open". The construction and/or operation of the authorized facility shall not directly result in a permanent closure of these waters. Any such permanent closure directly attributable to the authorized facility shall require that the pemiittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. General 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Michael & Royanna Jackson Permit No. 43-19 Page 3 of 3 ADDITIONAL CONDITIONS 13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 15) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not convey any rights, either in real estate or material. The attached workplan drawings depict a deed line extending waterward of normal high water. The permittee is advised that the State of North Carolina claims title to most lands falling below the normal high water. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 291 (Action ID No. SAW-2017-01530), which was issued on 06/10/19. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Certification 4175 and assigned DWR Project No. 2019-0431 which was issued 05/24/19. NOTE: An application processing fee of $250 was received by DCM for this project. 4.; u CC BH rct. 17569 Permit Number/Comments Major Transfer Fee, #43-19 Michale Jackson to Lisa Beaman Check amount $100.00 Check Number N 0 0 Vendor Corning Federal CU Name of Permit Holder Lisa Beaman Check From Welsh Construction LLC ,d Q a, a) rZ CU N N N Qc0 u t_D 0.1 c-1