HomeMy WebLinkAbout20190431 Ver 1_DCM Correspondence_20220518ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quatity
TO: Cameron Luck
Assistant Major Permits Coordinator, Wilmington
FROM: Tanya Pietila
DCM Permit Support, Wilmington
THRU: Tara MacPherson q/�— �v ��
DCM, District Mana r, Wilmington
DATE: May 16, 2022
SUBJECT: Major Permit Transfer & RenewaI Request: State Permit No. 43-19
Micahael 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. 1t 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
A
o�r.Mr�.rarwy� /✓
North Carolina Department of Environmentai Quality I Division of Coastal Management
Wilmington office 1 127 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,
CV; aPU4V
Lisa Beaman
252-916-5030
1833 Avalon Avenue
Wilmington, NC 28409
RECEIVF-D
DGM W1LMINGTON, NC
MAY 1 I UV-
AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: �Gt YY Ln
Mailing Address: stood v j/1 Ave.,
W f [ vv� t n len G
Phone Number: 4 =�a 4I Le -aC-)
Email Address: W 11 Sa b
I certify that I have authorized Welsh Construction, LLC
Agent 1 Contractor
to act on my behalf, for the purpose of applying for and obtaining all LAMA 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
a
in New HanoverCounty.
i 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:
Signature
Print or Type Name
r\er—
Title
Date
DECEIVED
aGM WiLM1NGT®N, NC
This certification is valid through 12. 1 31 ! �C�oL �AY 1 1 1141-1/
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: 1--1 e-CL )r-Ln
Mailing Address: I<S-3 Ava lv v) Ave-,
V4 t � vv� I M C'
Phone Number: a `"' '50a(]
Email Address: U1 a �,eq�.� o� iY1�t i I GD►Y� —
I certify that I have authorized Welsh Construction, LLC
Agent 1 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 HanoverCounty.
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:
L���LzVa4wa--r)
Signature
Print or Type Name
Title
Date
This certification is valid through 12- 13 1-1 �)0,;kX
DCM WILMINGTON, NC
MAY 1 1 4vQV-
Book 6271 Page 1695
BK: RB 6271
PG: 1696 - 1697
NC FEE s26.0
IeEoaRnEn:
2019041594
1211812019
NEW HANOVER COUNTY, REAL ESTATE
TAMMY THEUSCH MSLEY
04:01:09 PM
EXTX S= 00
REGISTER OF HEEDS
BY. KELLIF GILES
DFFLJTY 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
1.11 rr y & return to -
Brief Description_ PIN: R07908-006-001-000 Stamps: 2,200 Fuss aw Firm, PC
256-8252
NO TITLE EXAMINATION PERFORMED OR
TAX ADVICE GIVEN BY PREPARER
NORTH CAROLINA
GENERAL WARRANTY DEER
COUNTY OF NEW HANOVER
THIS DEED; made this the & day of December, 2019, by and between,
Nfichael H. Jackson and wife, Rayanna P. Jackson, 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 Grantec, 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 VO V?,-
submitted electronically by "Fuss Law Firm, Pc"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.
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 and)or 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.
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 /(� _, 2019
O�G a P F
NOTq Notary Public
"otary'sed or Typed Name
RECEIVED
DCM WILMINGTON, NC
MAY 1 1 /�0 T:'�
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.
2019060207
1833Avalon Avenue, Mrington, NC 28409
RECEIVED
DOM WILMINGTON, NC
MAY 1 1 /7i0 Zv
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'V erm i t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
43-19
Issued to Michael & Ro anna Jackson,1833 Avalon Avenue, Wilmiu on, NC 28409
Authorizing development in New Hanover County at adi. to Myrtle Grove Sound/ATWW, at 1833
Avalon Ave. Wilmington, as requested in the permittee's application dated 03/18/19, including attached work lan
drawings (5), Sheets 1-5 of 5 all dated 03/06/19.
This permit, issued on .tune 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.
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
of the Coastal Resources Cornmission.
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 Guard, 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 lift :/Iww�v.fws. ovinc-eslinanmal/manatee uidelines. df.
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 permittee 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
ADDITIONAL CONDITIONS
Permit No. 43-19
Page 3 of 3
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.
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