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HomeMy WebLinkAbout20150965 Ver 2_CAMA Application_20220617DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Figure "8" Island Yacht Club, Inc. c/o Peter P. Gushanas 2. LOCATION OF PROJECT SITE: 15 Bridge Road, adjacent to Middle Sound, Figure "8" Island, New Hanover County. Latitude: 34.271 N, Longitude: 77.749 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/8/2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 6/3/2022 Office — Wilmington DWR Pre -file Date: 5/22/22 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — NA (F) Type of Structures: Existing —88-slip open water marina Planned — Add additional floating docks to accommodate and 12 formalized boat slips. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) (8) Non -Vegetated Wetlands (Open water) 2,286 ftz (Additional incorporation) (C) Other — High Ground (D) Total Area Disturbed: 2,286 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing open water marina to accommodate an additional twelve (12) vessels for a total of 100 boat slips. Figure "8" Island Yacht Club, Inc. c/o Peter P. Gushanas Page Two 9. PROJECT DESCRIPTION The project site is located at 15 Bridge Road on the west side of Figure "8" Island, between Mason Inlet and Rich Inlet, on a canal that intersects the Atlantic Intracoastal Waterway (AIWW), in Middle Sound, New Hanover Co. The twenty- four (24) acre tract runs from the Figure "8" Island causeway bridge, east to Beach Road South. Existing structures and/or features located on the tract include: a two-story community clubhouse and marina, a swimming pool, parking lot, access road and existing eighty-eight (88) slip open water marina, which includes transient dockage. The elevation of the site ranges from 8-10 feet above mean sea level (MSL). Live Oak and Red Cedar are the predominant species in located in the uplands along with landscape vegetation. Under -story shrub vegetation is dominated by Wax Myrtle (Myrica cerifera), and Marsh -elder (Iva frutescens). On the property's northern shoreline, there is a border of coastal wetlands, approximately 10-50 feet in width from the bulkhead waterward. Smooth Cordgrass (Spartina alterniflora) is the predominant species found along the waterward side of the marsh border. The slightly higher elevation of the marsh also contains Smooth Cordgrass (Spartina alterniflora), intermixed with Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), Glasswort (Salicornia, spp.), and Sea -Oxeye (Borrichia frutescens). Salt Meadow Grass (Spartina patens), Marsh -elder (Iva frutescens) and Grounsel-bush (Baccharus halimifolia) complete the transition to highground. Figure "8" Island Marina was originally permitted in 1978 (CAMA Permit# 170) for the construction of a 68-unit condominium complex and associated boating docks. On February 14, 1980, the permit was modified to expand the existing condominium complex by adding twenty-four (24) additional units and twenty-four (24) additional boat slips to the open water marina. On March 30, 1983, a one-year renewal was issued to the permittee for completion of the docking facility at the marina. The permit renewal expired on December 31, 1983, before the dock project was complete. No condominium units were ever constructed at the site. On April 24, 1986, a new permit, CAMA Permit#72-86, was issued to the permittee for the reconfiguration and reconstruction of floating dockage at the open water marina, allowing thirteen (13) new docks. On July 17, 1987, a major modification of CAMA Permit #72-86 was granted for the construction of thirty-one (31) additional docks, bringing the total number of floating docks to forty-four (44). CAMA Permit #72-86 expired in 1990 and was never renewed. However, a new permit (CAMA Permit# 48-91) was issued in 1991 to cover the dock reconfiguration project. CAMA Permit#48-91 was issued to Figure "8" Island Yacht Club, Inc. on March 27,1991 for the reconfiguration of floating docks at the open marina. The total number of docks were to remain at a total of 44; however, the orientation of the docks was to be rearranged. Although Figure Eight Island Yacht Club, Inc. was previously permitted to construct forty-four (44) docks, or eighty-eight (88) slips, the permittee only constructed forty-one (41) docks from the date of the original permit date in 1978 to the first renewal of the second permit (48-91) issued on January 5, 1995. On January 5, 1995, Figure "8" Yacht Club, Inc. renewed CAMA Permit #48-91 for the construction of a 420' bulkhead along the northern portion of the property. No construction or dock configuration was made during the renewal period. On February 20, 1996, a 2nd renewal/minor modification was issued for the addition of seven (7) floating docks. The application states that the existing open water marina currently accommodates up to eighty-eight (88) formalized slips and three (3) transients slips (see sheet 2 of 5). Since then, there has been scoping meetings over the years to discuss potential expansion of this open water marina to allow for up to 100 formalized slips; however, it was determined at the time of these meetings that the expansion would be inconsistent with NC Water Quality Standards for Outstanding Resource Waters (SA;ORW), which would be under NC Division of Water Resources current rules 15A NCAC2B.0225(d)(7), which states: In the following designated waterbodies, the only type of new or expanded marina that shall be allowed shall be those marinas located in upland basin areas, or those with fewer than 10 slips having no boats over 24 feet in length and no boats with heads. Figure "8" Island Yacht Club, Inc. c/o Peter P. Gushanas Page Three The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to expand an existing open water marina to accommodate an additional twelve (12) vessels for a total of 100 boat slips. The application states a new 8' x 204' floating dock, and six 4' x 24' finger docks would be constructed on the southern side of the existing marina boat basin between the existing floating docks and the clubhouse/marina, which would increase an additional 12 boat -slips for a total number of 100 formalized slips. The proposed structures to accommodate the additional boat -slips would be within the existing footprint of the open water marina. The applicant also proposing maintain three (3) transient dockage space located alongside the existing main floating dock spin. The application states exiting water depths within the proposed slips would be between approximately -3 feet to -6 feet at normal low water (NLW) (See sheets 1 through 5 of 5). 10. ANTICIPATED IMPACTS Impacts resulting from the expansion would impact an additional approximately 2,286 sq. ft. of shallow bottom, within estuarine waters, and public trust area. The project area consists of open water, and there would be no impact to vegetated wetlands or to the high ground area. No encroachment of the 15' riparian set back requirement is anticipated. There does not appear to be SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Robb Mairs Date: June 14, 2022 Office: Wilmington Narrative As the acting agent for the Figure Eight Island Yacht Club, Inc. who owns the existing marina at 15 Bridge Road, on Figure Eight Island, Wilmington in New Hanover County, I am submitting the enclosed CAMA Major Permit Application for the installation of a new access platform and floating docks. The marina currently has 91 slips, 3 of which are temporary slips which do not have any designated water or electrical hookups. As proposed, the 3 temporary slips will be removed, and a new 12 slip floating dock system will be added resulting in a total of 100 slips for the marina. Located on the southwestern side of the existing marina, between the bulkhead and existing floating dock "C" will be a new 8' x 10' elevated fixed platform on the northwest side of the existing access pier with a new 4' x 21' access ramp which will extend down to the new "zig zag" shaped floating dock system. There will be a 4' x 8' landing platform extending off the landward side of the main floating dock for the access ramp. The first section of main floating dock will be 8' x 100' extending in a westward direction, parallel to the shoreline with three 4.5' x 20' finger docks extending northward creating 7 slips. The second section of the floating dock will be 8' x 24' extending northward and will connect to the last section which will be 8' x 118' extending westward with 5 designated side to slips creating a total of 12 new slips along the entire floating dock structure resulting in a total of 100 slips for the marina. Existing water depths within the proposed new slips range from -2.70' to -6.19' @ NLW and the entire structure will be within the overall footprint of the existing marina, will not encroach into the adjacent 15' Riparian Corridor Setbacks nor encroach into the existing channel. The existing marina is currently authorized NC Shellfish Sanitation for up to 100 slips. All upland access to the dock is existing and no new access or parking is required. All structures proposed in this application will be pervious structures located over waters of Middle Sound and no dredging will be required. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • The required DWR Pre -file Notice was submitted on 5/2/22. Please feel free to contact me if you have any questions. Thank you. Jul 0 ;t 7U?2. NM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Figure Eight Island Yacht Club, Inc. Figure Eight Island Yacht Club, inc. Applicant 1: First Name MI Last Name Peter P. Gushanas Applicant 2: First Name Mi Last Name if additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 15 Bridge Road Wilmington _ NC ZIP Country Phone No, FAX No. 28411 USA 910 " 686 - 0631 ext. - Street Address(if different from above) City State ZIP Email pgushanas@f8iyc.com 2. Agent/Contractor Information Business Name Contractor 1: First Name MI Last Name Debbie Wilson Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 16275 Wilmington NC ZIP Phone No. 1 Phone No. 2 28408 910- 612 - 0402 ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email debbiew75@charter.net <Form continues on backs JUN 3 70?2 252-808-2808 1-668-46CO3 t Form RCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) New Hanover Street Address 15 Bridge Road State Rd. # 1402 Subdivision Name N/A City Wilmington State NC Zip 28411 Phone No. 910 - 686 " 0631 ext. Lot No.(s) (if many, attach additional page with List) N/A ' a. In which NC river basin is the project located? White Oak b. Name of body of water nearest to proposed project Middle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. AIVVVV Cl Natural ❑Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. New Hanover County ►� Yes No 4, Site Description a. Total length of shoreline on the tract (ft.) 3,557' b. Size of entire tract (sq,ft.) 854,212 sq. ft. c. Size of individual lot(s) 19.61 acres (!f many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 5, to 10' ®NHW or NWL e. Vegetation on tract Ornamental landscaping with lawn grasses, Oak trees, Red Cedar, Wax Myrtles, Marsh -elder, Grounsel-bush and Coastal Wetlands including Smooth Cordgrass, Spike Grass, Sea Lavender, Glasswort, Sea -Oxeye and Salt Meadow Grass. f. Man-made features and uses now on tract Community clubhouse, restaurant, marina, swimming pool, parking lot and access road. g. Identify and describe the existing land uses adjacent to the proposed project site. • Residential h. How does local government zone the tract? Residential R-20S 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) .(Yes II 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 No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a Yes 05 No II NA .riUNI () 0 'r;• <Form continues on next page> 252-808-280 .. 1-888-4RCO/ ST www.nccoastaimanacternerit.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit 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) ®Yes No ®Yes ❑No :e Yes • No See Site Plan n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial I■ Public/Government • Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private community/commercial marina. 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 marine construction with a barge mounted pile driver. d. List all development activities you propose. Install a new elevated fixed platform, access ramp and floating dock system. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or •Acres 2,318 g. Will the proposed project encroach on any public easement, public accessway or other area ■Yes ®No ■NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None proposed i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ►:e No ■ NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes _e No • NA j. Is there any mitigation proposed? •Yes No • NA If yes, attach a mitigation proposal. i1 i 1 n J I J I I (J �; / LL <Form continues on back> 257.8O8-28013 1-8t38-4rtcoAsT www.nccoastairrinnagernent.net Form RCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application,. package to be complete. 'terns (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on howto property prepare the required ,temS below, a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The 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) landowners and signed retum receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Figure 8 Beach Homeowners' Assoc, Address 15 Bridge Road, Wilmington;' NC 28411 .. Name Raymond C. and Anna Parker Phone No. Address 323 N Beach Road, Wilmington, NC 28411 Name Phone No. Address SEE ATTACHED SHEET g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit #170 issued in 197E to Fig. 8 Island Yacht Club, modified on Feb. 14, 1980, renewed on March 30, 1983: CAMA Permit #72-86 to Fig. 8 Yacht Club on April 24, 1986, modified on July 17, 1987; CAMA Permit #4891 on March 27, 1991, renewed on Jan. 5, 1995, renewed/modified on Feb. 20, 1996 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N,C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. T. Certification and Permission to Enter on Land 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. Date 4/8/22 Print Name Debbie Wilson, Agent Signature T a�6 G(Jri1 4 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill information EDCM MP-3 Upland Development ®DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts J iU NI 0 252-808-2008 1-83a-4rtCoAST www.rrccoastatrrAnagemerit.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 7 DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pler(s) (ii) Number 4 (iii) Length 4' 1100' 124' / 118' (iv) Width (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 10' (iv) Width 8' (v) Floating 0Yes ®No Note: Roofed areas are calculated from dripllne dimensions. g. (i) Number of slips proposed 12 (ii) Number of slips existing 91 (including 3 temp. slips which will be eliminated) i. Check the proposed type of siting: 0 Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 16' to 60' m. (i) Will the facility have tie pilings? ❑Yes No (ii) If yes number of tie pilings? ❑ This: section not applicable b. (i) Will the facility be open to the general public? ❑Yes No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number (iii) Length 20' (iv) Width 4.5' (v) Floating ®Yes ❑No f. (I) Are Boatlifts included? ❑Yes No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips; 100 total 0 Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public?. ❑Yes No ,1{j ki ,i' 2012j 25:-B08-n08 : 1-8BB8-4RCOAtT ;; wwrrv.r co astairmanagernefrt feet revised: 12/27/06 Form 13CN MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS 0 This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. Cl Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: Existing marina, none proposed. Existing portable pumpout system. b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? None allowed e, (i) Give the location and number of "No Sewage Discharge" signs proposed. N/A (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? Not allowed k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? Existing showers and restrooms are located by the clubhouse HJN 0`;7.01 2 52-SOfl-2l3Ot.:: 1-888-411CQAST ;: www.nccoastatnnannitpment.net reviised: 12/27;Rti Form DCM MP-4 (Structures, rage :3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ®Yes ['No Adjacent to open shellfish waters however the marina is within a closed area which allows up 100 slips. o. Is the marina/docking facility proposed within or adjacent to 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 OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ['Yes ElNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable' a. (i) Is the boathouse structure(s): ['Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetplie, etc. Ifarock groin, use MP-2,: Excavation and Fill.) ®This: section not applicable a. (i) Number (ii) Length (iii) Width 5 'BREAKWA TER (e:g. woody sheetpile, etc.} ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6 MOORING PILINGS and BUOYS ® This section not applicable. a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 2524BO8-2848 :: 1-8 8-4RC0AST :: wvrw.giccanstainyanagerrientmet revised: 12/27/06 Form fCi NIP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 3,695' to the west (Parker), 1,152' to the east (Bell), 713' to the north (Conservancy) Note: For buoy or mooring piling, use arc of swing including length of vessel, c. Width of water body 320' e. (i) Will navigational aids be required as a result of the project? DYes No DNA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 3,548' to the west, 2,284' to the northeast d. Water depth at waterward end of structure at NLW or NWL -2.70' to -6.19' @ NLW 8. OTHER This: section not applicable a. Give complete description: Install a new 8' x 10' elevated platform extending from the existing pier with a new access ramp extending down to a new 8' x 4' floating platform connecting to a new 8' x 100' floating dock connecting (with 3 - 4.5' x 20' floating finger docks extending northward for 7 slips) connecting to a new 8' x 118' floating dock with 5 side to slips for a total of 12 slips. The 3 existing temporary slips located on the existing main access floating dock will be eliminated. 4/8/22 Date Figure Eight Island Yacht Club, Inc. Project Name Debbie Wilson, Agent Applicant Name pazhQ. 66 8,p, .R Applicant: Signature JIJN ( 252-BO8-28OB :: 1-888-4RCOAST :, wwvr.ricc©astalrnartasorriert.net revised: 'i2'27/O6 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality June 14, 2022 Figure "8" Island Yacht Club, Inc. c/o Peter P. Gushanas 15 Bridge Road Wilmington, NC 28411 Dear Mr. Gushanas: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located at 15 Bridge Road, adjacent to Middle Sound, on Figure "8" island, New Hanover County. It was received as complete on June 3, 2022 and appears to be adequate for processing at this time. The projected deadline for deciding is August 17, 2022. 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 June 3, 2022, 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 on -site 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. rel , Rabb Mairs Minor Permits Coordinator cc: Cameron Luck, DCM Holley Snider, DWR Ocparlmetof FaWcnnmbl au:i Greg Currey, USACE Christine Bouffard, LPO Debbie Wilson, Agent North Carolina Department of Environmental Quaky 1 Division of Coastal Management Wilmington Office i 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 910.7%.7215 0,k,STATE,y'` 'moo ,,d, o. HO'��, ii: ROY COOPER Governor s; '^: C ELIZABETH S.BISER �n __ Secretary 4` voro,v= BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 17, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Figure Eight Island Yacht Club, Inc. • Jeff& Heather Nicholson Hello: Please publish the attached Notice in the Wednesday,June 22, 2022 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 (Customer No. 489895). Thank you for your assistance in this matter. ou should have any questions, please contact me at our Wilmington office. Sin rely, ya ieti a Permitting Support& Customer Assistance cc: MHC Files Cameron Luck—MHC USACE � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 DeparNORTH car,a.iN bnent of Enykrenradmala.wi 910.796,7215 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On June 14, 2022, Figure Eight Island Yacht Club,Inc.proposed to expand an existing open water marina to accommodate an additional twelve (12) vessels for a total of 100 boat slips on Figure Eight Island at 15 Bridge Rd. adj. to Middle Sound in Wilmington, New Hanover County; And on June 17, 2022, Jeff& Heather Nicholson proposed to install a new bulkhead waterward of the existing, relocate an existing boatlift& construct a second docking facility for a total of four (4) slips on Figure Eight Island at 32 Saltmeadow Rd., adj. to Banks Channel, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Robb Mairs(Figure Eight Island Yacht Club, Inc.) or Tara MacPherson (Nicholson) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,Wilmington,NC 28405, (910) 796-7301 (Robb)or(910) 796- 7266(Tara) 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 July 13, 2022 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. D^� .,,- North Carolina Dcepartment of Environmental Quality I Div€sion of Coastal Management ��}l� Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 r -r-cngalnw t.c.nmmr or 'IA fluidity 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: rig LL1ft ei.011 ksi mild Yatilt CIAAja hit . Mailing Address: \) 13k'i dCr Rent ci WM1vY1Mv)cj , I\C- '5 I Phone Number: q i O - V ` b 3( Email Address: p 9 U,Sh Curt u.9 e-c-s i \l e. . CO W1 I certify that I have authorized Debbie Wilson, Agent , Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Mari Oa -' `f panS4 O0 at my property located at 15 .Z.ri el c)-c ZO a d in Nem,) 4a0ove.r County. 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. Propertwner Information: i - i\,, _, /' � ,/ __`-- r '�_ ignature Print or Type Name ae. Ct1 ni1c.1c C( ie. 00 Title WI , 3O 1 2.o9- 1 Date This certification is valid through ( )• / 3 I I 0D- JUN 0 3 2022 U S P SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY FAQs • Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X 1 ` � ©0 Agent so that we can return the card to you. Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑No Raymond C. and Anna Parker 323 N Beach Road Wilmington,NC 28411 JUN 03 Z022 3, Service Type 0 Priority Mall Express® MI I I I 1111111 !III II I I I I I I I I II 11 II ■II 11 I I U Adult Signature 0 Registered Adullt SSnature i Mail®Restricted Delivery 0 pegiste ed Mail Restricted ❑ 9590 9402 6667 1060 1242 85 ❑Certified Mail Restricted Delivery ❑Signature ConfirmatlonTM ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7020 2450 2020 7529 1523 ❑Insured Malt Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt , Tracking Number: 70202450000075291523 Remove X Your item was delivered to an individual at the address at 1 :47 pm on April 20, 2022 in WILMINGTON, NC 28411 . CD 0_ 0- v USPS Tracking Plus® Available v G Delivered, Left with Individual April 20, 2022 at 1 :47 pm WILMINGTON, NC 28411 Get Updates v JUN 0 3 z0zz Text & Email Updates Tracking History \/ USPS Trackina Plus® v U S p s SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY FAQs ' ■ Complete items 1,2,and 3. A. Sign. ure • Print your name and address on the reverse X f lY ©Agent so that we can return the card to you. _Addressee MI Attach this card to the back of the m _ /ailpiece, B. `ecelved by(Printed Name) C. Date of Ielivery or on the front if space permits. J 1. Article Addressed to: D. Is f f ery addres .4r rent from item 1 ❑ es Bell Beach Rd North Properties, LLC if YES,enter delivery address below: No c/o Jonathan Bell JUN 0 3 2022 300 Greene Street N Suite 1000 Greensboro,NC 27401 .INGTON, NC I Ell ffII (I If +I I+I+I 30 Adult Signature. Service Type ❑Priority Mall Expresso II llli�l III �� �I II I 1 I1 I II F i1 f la Certified Mal Restricted Delivery ❑Registered eg e �Mail Restricted 9590 9402 6667 1060 1242 61 ❑Certified Mail Restricted Delivery ❑Signature Conhirrnatton"' 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7020 2450 0000 9949 9 615 °{nsured 0)it Reutrtoted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Tracking Number: 70202450000099499615 Remove X Your item was delivered to an individual at the address at 10:50 am on April 21 , 2022 in GREENSBORO, NC 27401 . CD a Cr USPS Tracking Plus® Available V �✓ Delivered, Left with Individual April 21 , 2022 at 10:50 am GREENSBORO, NC 27401 JUN 0 3 2022 Get Updates u Text & Email Updates Tracking History USPS Trackina Plus® �/ cracking Number: 70202450000075291516 Your package will arrive later than expected, but is still on its way. It is currently in transit to the next f3. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature USPS Tracking Plus printyournameandaddressonthereverse X (1 � ❑Agent so that we can return the card to you. K_� �D Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: ❑ No Figure 8 Beach HOA c/o David Kellam 0 3 2022 In Transit, Arri 15 Bridge Road Wilmington, NC 28411 April 23, 2022 3. Service Type 0 Priority Mall Express® 111111111111 1111111 II Jill 1101111111111111 0 Adult Signature 0 E Certified Mall®Restricted Delivery 0 oagYeryred Mall Restricted Collect on Delivery D Signature Confirmation Get Updates 9590 9402 6667 1060 1242 92 0 Certified Mail Restricted Delivery 0 Signature 000flrmallorlTM lonTM 0 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 7020 2450 0000 7529 1516 1J Insured Mail ry ©Insured Mail Restricted Delive (over$500} PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Text & Email Updates Tracking History April 23, 2022 in Transit, Arriving Late Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. April 19, 2022, 9:09 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX April 19, 2022, 11 :20 am JUN 0 3 2022 Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX USPS Tracking° � s FAQs > Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only ED For delivery information,visit our website at www.usps.come. . .rT" Cl p- Certified Mail Fee . TrackAnott s c.(AL-Extra Services 8 Fees(checkbox,edd fee p3 ppprpp are} ❑Return Receipt(hardcopy) $ 0 0 Return Receipt(electronic) $ 4,,1; f`f Postmark Q ❑Certified Mail Restrkted Delivery $ f.Ij 0 Here El ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ CI Postage Total Postage and pees_, - 4/1 .o Sent$ TO 'NE New Hanover Conservancy c/o Paula Bushardt $`rreetsnd Apt,l+fo.,orFfb 1513 Futch Creek Road City,State,z1P+44' Wilmington, NC 28411 PS Form 3800,April 2015 PSN 75311.02-000-9047 See Reverse for Instructions A X Tracking Number: 70183090000187703864 emove Your item is being held at the WILMINGTON, NC 28411 post office at 8:03 am on April 20, 2022. This is at the request of the customer. 0 USPS Tracking Plus® Available 'V Held at Post Office, At Customer Request April 20, 2022 at 8:03 am WILMINGTON, NC 28411 Get Updates u JUN 0 3 ?0?? Text & Email Updates Tracking History u USPS Tracking Plus® u 0. 0. 0 a 1L7 t,) t') N Prepared By: Jerry C. Woodell of Marshall, Williams, Gorham & Brevity Mail To: Figure Eight Island Club, Inc., 15 Bridge Road, Figure Eight Island, Wilmington, North Carolina 28405 STATE OF NORTH CAROLINA LIMITED WARRANTY DEED COUNTY OF NEW HANOVER THIS LIMITED WARRANTY DEED made this 8th day of August, 1983, by and between THE WILLIAM LYON COMPANY, a California corporation, Grantor, and FIGURE EIGHT ISLAND CLUB, INC., a North Carolina corporation, Grantee. The deaigaacion "Grantor" and "Grantee" as used herein shall include said parties, their successors and assigns. W 1TNE S S ETH: That the Grantor, for the sum of One Dollar ($1.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, those certain lots or parcels of land situated in Harnett Township, Nev Hanover County, North Carolina, and more particularly described as follows: ILL 60 SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. TO HAVE AND TO HOLD the aforesaid parcels of land and all privileges and appurtenances thereto belonging to the Grantee infee simple. And Grantor does hereby covenant that it has done nothing to impair such title es Grantor received and that it will warrant and defend the title against the lawful claims of all persons claiming by, through, under or on account of Grantor, except for the exceptions hereinafter stated. This conveyance is made expressly subject to the exceptions set forth in Schedule 1 attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, THE WILLIAM LYON COMPANY, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. ATTEST ic}4.r .. /> , S1JP .Rtery 1 I. THE WILLIAM LYON COMP Presiient RECORDED AND YfRIFIED RECISTER OF GEED$ NEW HANOVER CO. Mc ite 16 1 re P11' 3 G ",: �. ; S 0 0.0 0. "r. S OO.-00. _ BODY NSF 1231 0736 STATE OF CALIFORNIA COUNTY OF SANTA CLARA IL/A./Li/WV. ,ViC'tb1 1, a Notary Public of said County and State, do hereby certify that S r`-'" ./ , personally came before rae this day and acknowledged that he/she is Itcierldi'yaf THE WILLIAM LYON COMPANY, and that, by authority duly given and as the act of tha corporation the foregoing instrument vas signed in its name by its President, sealed with its corporate seal, and r a _ _, Asss7.2yj � attested by/herself as its Secretary. WITNESS ay hand and notarial seal this the LL day of (,ll U d f 1983. a da.} pL. rQRn.1Q L MY COMMISSION EXPIRES: (oaf' 3/ iQf ' STATE OF NORTH CAROLINA New Hamra County The Foregoing Certificate of 241.46L .L h/ad4Asel # _A a cer � 1iFieetto pueorb /.I recl. This the, teafily of red _ 19 Li P.Tucker, ter se -Y- NOTARY PUBLIC OFFICIAL SEAL LINDA L HANSELL OUT MC — WiOnMW COIaaY 0{ SSNTA rwA QOM E. /op 31.19E5 .JIJIv! f3A ri {;r' BOOp PAGE 1231 0737 EXHIBIT A TRACT 11: ?ARSHEAN 6 TRACT Beginning at. a point in the Eastern right of way line of the Atlantic Intracoastal Waterways said Beginning Point being South 42' 11' 42" Eat 1,305.72 feet frontlet U. S. Coast and Geodetic Survey Station "Howe", said survey station hewing North Carolina Grid coordinate N 188,448.47 E. 2, 370,435.92r raising thence from said Beginning Point with said riot of way line North 36' 01' 36" East 5,828.52 feet to a point; thence North 33' 23' 36" East 796.77 feet with maid riot of way line to a concrete manneent on the South side of the causeway leading to Figure Eight Island; thence continminng with said right of tray North 33' 23' 36" East 202.20 feet to a concrete mo umeat a, the North side of paid causeway; thence aantinusing along paid right of way North 33' 23' 36" East 1,344.11 feet to a point in the division line between the Figure Eight Island Company, Inc. and Qiaraicn McDowell Davis: thence along said division line South 60' 34' 24" Eaet 3,732.66 feet to the mean high water line; thence in a Southerly direction with the mean high water line to the causeway; thence in a Westerly direction and with the mean high water line to the eastern right away of the said Intracoastal Waterway; thence South 33' 23' 36" West 513.20 feet to the mean high water line on the South side of the said causeway: thenoe in an easterly direction with the nean high water line and the mummy to the West aide of Figure Eight Island at the mean high water line; thence in a Southerly directi.n and with the high water line of the Western side of Figure Eight Island approximately 3 1/2 miles to a point where the nean high water line intersects the Oliver Hutaff line; thence with the division line between the Figure Eight Island Coepany. Inc. and Oliver Hutaff iitw hh 60' 39' 43" West approximately 4,131 feat to a point in the Eaetem right of way line of the Atlantic Intracoastal Waterway; thence with the Eastern right of way line of said Waterway North 36' 01' 36" East 2,553.98 feet to the point of Beginning; this being the sane tract of land described as TRACT ND. 3 (MAR9H B) in that deed recorded in,.ecok 1046 at Page 350 of the New Hanover County Registry. Including the above description the following property ]eased to the State of North Carolina: n="fl W11 at the Beginning Point described in the above Tract and running thence fran said Beginning Point with the Eastern right of way line of the Atlantic Intracoastal Waterway North 36' 01' 36" East 4,096.72 feet to a point in said right of way; thence South 60' 39' 34" Past approximately 3,000 feet to the edge of Mason's Channel; thence in a Southerly direction with Mason's Channel to a point rhich bears South 42' 11' 42" Fast AarpYoxinuteiy 2,300 feet from the Beginning Point; thence North 42' 11' 42" Went approximately 2,300 feet to the point of beginning as shown an a nap prepared by Precise Controls, Inc. of Raleigh, North Carolina: the same being that tract under lease to the State of N nth Carolina recorded in Book 848 at Page 507 of the New Hanover county Registry; TRACT 42: BEGiiiien at a point which is the soutleuatern corner of lot 84, Block B, Section 18-(tots 72-91, 120-129), Figure Eight Island as the panne is shows an a anp thereof recorded in Map Book 18, Page 89, of the New Hanover County Registry, State of North Carolina. whichh said southwestern corner is in the right of way of a col -de -sac on the north end of Maher Road and which said point is also the southeast corner of a 20 foot utility easement as sham an said map; running thence along and with the right of way line on the cul-de-sac an the northend of said Comber Road with a curve to the left having a radius of 50 feet an arc distance of 20.24 feet to the southeast corner of Lot 127, Block B, Section 18 as. shown onsaid map; running thence along and with the eastern line of said Lp 1w27`Blodc B, Section 18 and the Western line of said 20 foot utility easement North 42' 00' 00' East 178.35 feet, more or less, to a corner of Lot 128, Bltfde"B; sectinnn 18, as shown an said nap, which said corner of said lot 128 is in the right of ray line of a cul-de-sac an the southern end of Inlet Hock Road as sham on said map: running thence with the said right of way line of said cul-de-sac an the southern end of Inlet Hook Road and a curve to the left having.a radius of 50 feet an arc distance of 20.20 feet to the Westernmost corner of tat 83, Blodc B, Section 18, Figure Eight Island, an the said cul-de-sac on the south end of Inlet Hook Road, all as sham on said nap; running thence with the western line of said Lot 83 and the easternAnerof said 20 foot utility easement South 42' 00' 00" West 182.29 feet,`i ii' 3 ss,i7'. to the Point of Beginning: the same being that partial of land an said hasp Which is designated as a 20 foot utility easement. BOO' :AGE 1231 0738 TRACT #3: TRNN SOUTHE D FIGURE EIGHT ISLAND Being all of those parcels or tracts of real property shorn on and designated as "THE FIGURE EIGHT ISLAND COMM' and "BUMF EASEMENT" on that asp of Sections 11 and 12 Figure Eight Island receded in t' p Bock 14 at Page 3 of the New Hanover County Registry, State of North C rlina, which said tracts or parcels of real property are bounded as follows: on the North by the Southern line of Lot 187 Section 12 Figure Eight Island and the Southern line of the right of ray of a cul-de-sac an the South end of Beach Road South, all as drawn an said map; on the East by the Western line of Lot 188 Section 5 Figure Eight Island as shown on a map of eactim 5 Figure Eight Island recorded in Map Hook 13 at Page 20 of thetas: Hanover County Registry and by the western line of that tract of real property described as Tract 8 in that certain deed recorded in Book 1133 at Page 1564 of the New Hanover County Registry; an the South by the Oliver C. Hkrtaff line; and an the West by the mean high water mirk of Mason's Channel; reference to which said map of Sections 11 and 12 Figure Eight Island is hereby node for awn? particular description. TRACT #4: maw AREA &ECHOS 18 - BLACK 8 - PAP BOCK 18 PAGE 87 Beginning at a point which is shorn on the Map of Section 18, Block B (Lots 30-60), Figure Eight Island recorded in Map Book 18 at Page 87 of the New Hanover County Registry which is South 22' 44' 42" West 46.92' froze point having North Carolina Grid Coordinates North (x) 199,480.651 East (y) 2,385,230.419 as shown on Von Owen Survey Map recorded in Nap Book 12, Page 22, and as shown on Fred F. Hobbs Survey Map recorded in Map Book 12, Page 43. all of the New Hanover Runty Registry, State of North Carolina, and the said point also being shorn and designated an the map of Section 18 Block B (Lots 30-60) Figure Eight Island as follows: "NORM CAROLI A STATE GRID 0 PEWITS. N. 199. 480.651. E. 2.385.230.419 - POINT ON VON OESEN sJRVIrC MAP BOOK 12 PAGE 22 OF THE NEW HHANOViRmirw ltf7Gl31isif"; running thence fans said Beginning Point along and with that-trtain "PHA MY LINE" (for fuller description of said Property Line see Map recorded in Map Book 12 Page 43 of the New Hanover Canty Registry) as shorn on said nap of Section 18, Block B (Lots 30-60), Figure Fight Island as follows: Thence with a tangent line South 22' 44' 42" West 168.01 feet to a point of curvature; thence with a curve to the left having a radius of 859.57 feet and an arc length of 393.01 feet to a point- thence South 03' 27' 00" East 156.08 feet to a point of curvature; theme with a curve to the right having a radius of 592.49 feet and an arc distance of 330.71 feet to a point/ running thence along the mean high water nark of Nixon's (or Banks) channel as shorn on said nap of Section 18 Block B the following courses and distances: thence North 75' 52' 55" East 238.80 feet to a point; thence North 12' 38' 04' East 325.18 feet to a point; thence North 55' 40' 50" Bart 203.73 feet to a point in the north line of Lot 38. Block B, Section 18 es shown an said map of Section 18, Block B (lots 30-60), Figure Eight Island; running thence along and with the northern lines of lots 38, 39, 40 and 41, Block B, Section 18 as shown on said map of Section 18, Block B (Lots 30-60), Figure Eight Island the following courses and distances: thence North 75' 02' 48" East 375.29 feet to a paint; thence North 31. 52' 19" East 247.08 feet to a point which is the southe nmst corner of that tract described herein beiaw as TRACT 5 ; awning thence with the southern line of said TPACP 5 the following courses and distances: thence North 56' 04' 16" West 399.14 feet to a point; thence South 85' 56' 46" West 267.96 feet to a point; thence South 22' 15' 32" West 320.08 feet to a point; running thence along and with the wester,. line of said TRACT 5 the following o:wrses and distances: thence North 20' 05' 24" West 211.60 feet to a point; thence North 10' 09' 39" East 111.77 feet to the Point of Beginning. mar #5: BFSI[ TID.AREA-FUTU i£ RFSIt'ENTIAb-SECFIt8I 18 BIACK B-MPhP BOOK 18 PAGE 87 Beginning at a point which is the our herx*cet comer of Lot 46 Block H Section 18 Figure Eight Island, as shown an a sap of Section 18 Block B (Lots 30-60) Figure Eight island recorded in Map Book 18 at Page 87 of the New Hanover Conty Registry, on the western end of a oil -de -sac at the end of Beads Road North as shown ca said nap/ running thence fron said Beginning Point along and with the curve of the right of way lima said cul-de-sac on Beach adto; ',, ,. as it curves to the right, having a radius of 50 feet an arc distAhtSbf3813 feet to the eouthermiost corner of Lot 58 Block B Section 18 as shown on said map: running thence along and with the southern line of said Lot 58 Block B Section 18 the following courses and distances: North 87' 24' 00" West 234.92 BMW PAGE t 1231 0739 feet to anoint; thence North 31' 27' 42" West 151.61 feet to the northernmost cornea of said Lot 58 B1odk 8 Section 18 and a point in the mean high water of Nixon's Channel; running thence along the mean high water nark of said Nixon's Channel the following courses and distances: South 57' 20' 26" West 50.66 feet to a point; thence South 49' 42' 09" West 50.16 feet to a point; thence South 54' 50' 58" West 100.01 feet to a point; thence South 58' 51' 16" Weet 50.12 feet to a point; thence South 78' 47' 59" West 49.87 feet to a point; thence South 74' 54' 20" West 50.80 feet to a point; thence South 60' 48' 41" West 250.58 feet to a point; thews South 62' 24' 39" West 100.08 feet to a point; thence South 65' 50' 50" West 50.01 feet to a point; thence South 70' 24' 44" West 50.25 feet to a point; there South 66' 25' 11" West 100.05 feet to a point in that certain line designated as "PROPERTY LINE" on the said map of Section 18 Block B (Lots 30-60) Figure Eight Island (for fuller description of the property line see Map Book 12 Page 43 New Hanover County Registry); running thence South 10' 09' 39" West 111.77 feet to a point; running thence south 20' 05' 24" Fast 211.60 feet to a point; running thence North 22' 15' 32" East 320.08 feet along the mean high water mark es Shown on said map of Section 18 Block B (Lots 30-60) to a point; running thence North 85' 56' 46" Fast 267.96 feet along the mean high water line to a point; running thence South 56' 04' 16" East 399.14 feet along the mean bic t water mark to a point in the western line of lot 41 B1odk B Section 18 as Shown on said map; running thence along and with the western line of lots 41, 42, 43, 44, 45 and 46 Block B Section 18 as shown on said map of Section 18 Block B (Lots 30-60) North 37' SO' 37" East 576.07 feet to the Point of Beginning; the same being all of that parcel or tract of land designated and shown an "PROPERTY OF CONTINENTAL I LI I)IS REALTY -FUTURE RE_SIDt30 iAL ORIENTED ACf11IlTiFS" on the said rap of Section IS Block B (Lots 30-60) Figure Eight Island recorded in leap Bode 18 at Page 87 of the New Hanover County Registry. TRACT 46: WELL SITE Being all of that certain tract and parcel of real property designated as "TRACT 33: FUTURE WELL SITE—SECTICN 18-111.1CCK BaMAP BOOK 18 PAGE 90" in that Warranty Dead recorded January 16, 1900. in Bode 1163 at Page 228 as the same is Shown an a map captioned "Sheets 6 of 7 huts 92-119 Section Eighteen -Block B Figure Eight Island" leeolded in Map Book 18 at Page 90, all of the New Tlanover County Registry. TRACT 47: WELL SITE BEGINNING at a point whidt is the southeinmast corner of Lot 1 Section 10 Figure Eight Island in the eastern right of way line of Skimmer Road all as Shawn en the map of Sections Eight, Nine and Ten Figure Eight Island recorded in Map Bock 13 at page 47 of the Neer Hanover County Registry. State of North Carolina; running thence along and with the southern line of said Lot 1, Section 10, Figure Eight Island, North 54' 17' 57" East 200 feet to a point in the southern line of said Lot 1 Section 10; running thence in a southeastwardly direction to a point in the Western right of way of Beach Road South which said paint is North 36' 52' 14" Fast 250 feet fran the beginning point of a carve to the right in the said Western right of way line of Beads Road South where the northern right of way line of the (=fleeting road between Skimmer Road and Beach Road South intersects with the said Western right of way line of said Beach Road South; as Shown on said map of Sections 8, 9 and 10 running theme along and with the said Western right of way line of said Beach Road South, South 36' 52' 14" West 250 feet to a point of curvature; running thence with a curve to the right having a radius of 20 feet an arc distance of 31.42 feet to a point in the northern right of way line of a 60 foot right of way leading to Skimmer Road as shown on said map of Sections 8, 9 and 10 Figure Eight Island; running t enx with the northern right of way line of said 60 foot right of way North 53' 07'_46'_West 148.66 feet to a point of curvature; running thence with a verve to the right having a radius of 20 feet an arc distance of 21.81 feet to a point in the eastern right of way line of said Skimmer Road as the same is shown on said nap of Sections 8, 9 and 10, Figure Eight Island and a point of curvature; running thence along said eastern right of way line of Skimmer Road and a curve to the left having a radius of 530 feet an arc distance of 107.38 feet to the point of Beginning; the same being the southern end of said TRACT 24 in the deed recorded in Book 1163 at Page 228, et seq. TRACT i8; CAUSEWAY TRACT JUN 0 3 2022 8F7GII ING at the concrete monument on the South side of the causeway leading to Figure Eight Island and in the Eastern right-of-way of the Atlantic B00► PAGE 1231 0740 Intracoastal Waterway, said moexasent having a North Carolina Grid 0o-ordinate of North (x) 192,860.132 and East (y) 2.375,179.583, thence running with the right-of-way of the Atlantic Intracoastal Waterway lbrth 33' 23' 36" Fast 202.19 feet to another concrete monument having a North Carolina Grid Go -ordinate of North (x) 193,028.981 and an East co-ordinate of Eset (y) 2,375,290.809; thence =tinuting along the Atlantic Intracoastal Waterway North 33' 23' 36" East 129.97 feet to a point 4inici intersects the Mean High Water line of the Intracoastal Wiatexway and the causeway landing to Figure Eight Island; thence along the mean high water lineal the North side of the may, the following causes and distances: South 62' 31' 10' East 69.25 feet, South 37' 15' 15" East 141.17 feet, South 67' 19' 43" East 388.42 feet, Mouth 65' 43' 27" East 378.84 feet, South 66' 31' 57" East 171.84 feet, South 75' 16' 50" East 86.08 feet, South 24' 19' 37' East 31.70 feet, South 68' 41' 32" Beet 230.20 feet, Swath 63' 54' 07" East 344.50 feet, South 72' 42' 47" Fast 290.15 feet, South 63' 08' 50' Gast 277.58 feet, South 67' 34' 05" East 308.86 fleet, South 63' 52' 14" East 311.05 feet, South 68' 52' 28" Seat 308.52 feet, Swath 87' 59' 02" East 222.18 feet, North 82' 59' 37" East 165.19 feet, 3brth 46' 04' 45" East 301.98 fleet, North 62' 44' 57" Lust 200.66 feet, North 11' 14' 39' West 305.84 feet, North 37' 00' 15" East 49.40 feet to a paint in the Southern line of the old N. N. Nixon Gent as recorded in Book ES Page 177 and now recorded in Mep Book 12 Page 43 as a division line bet The Figure Hight Island Qoapery and the Charpion McDowell Davie line; thence with said line South 60' 30' 12" Bast 185.86 feet to a point in a curve; thence with a cove to the left having a radius of 219.01 feet and an arc length of 115.70 feet; thence with a curve to the right having a radius of 151.69 feet and an arc length of 77.94 feet to a paint in the aforesaid property line and the Mean High Water line; thence running with the Mean High Water Line North 81' 57' 15' East 195.53 feet to a point being the ntlarest most armor of Lot 201 Section 15 Figure Eight Snlsad as recorded in Map Book 13 Page 48, New Hanover County Registry; running theme with said lot line of said Lot 201 South 20' 35' 06" East 408.96 feet to a point in the narthem most right of way of Beads Road North; running thence South 20' 35' 06' East to a point lathe centerline of said Beach Read North; running thesme SoutheestwaIdly along and with the centerline of said Beads Road North to the point of intersection of the centerline of Bead► Road North with the centerline of Bead: Road South; thence =tirnring with the center line of said Bred: Road South and the division line of the club house site and the ceueaeay the following courses and distances: South 18' 19' 22' East 145.24 feet to a point of curve; thence conti,",i,g with said division line with a curve to the left having a radius of 301.32 feet, an arc length of 193.11 feet to a point of reverse curve; thence continuing with said division line and said road with a curve to the riot having a radius of 383.91 feet, and an arc length of 250.70 feet to the intersectional said Beam: Road South and Beach Bay Lane; thence continuing with said Beach Bay lane in a Westerly direction the following sources and dlstanoesr South 72' 22' 26' West 53.76 feet to a point of curve; thence aw:tiauing with the center line of said road and Section 13 with a curve to the rift having a radius of 167.68 feet and an arc length of 234.40 feet to apart of tangency, thence continuing with acid road and Section 13 North 27' 31' 56" West 48.99 feet to the center line of the cul-de-sac; thence North 12' 13' 53' East 50.00 feet to the most southeast cater of Lot 49 as shown a Section 13 recorded in the Hoak of Maps 14, Page 4 of the New Hanover County Register of Deeds; thence with the nnrthem lot line of hot 49 and the causeway division line, North 29' 37' 40" West 133.80 feet to a point; thence North 68' 49' 10" West 598.00 feet to a paint in the Mean High Water line of the seuthside of the causersay and the earthiest most corner of Lot 49 as iew u} .l in aforesaid Book of Maps; thence along the Mean High Water Line and with the southern most side of the causeway the following courses and distances: North 68' 03' 30" West 289.06 feet, North 69' 11' 59" West 180.71 feet, North 60' 31' 34" West 250.31 feet, t tx Sl' 52' 28' West 366.37 feet. North 65' 13' 24" West 164.45 feet, North 64=-50'.20' West 215.63 feet. North 62' 10' 31` West 182.78 feet, Math 66' 54' 52" serails West 192.58 feet, North 62' 59' 58' West 122.73 feet, North 65' 57' 14" West 176.23 feet, :both 65' 54' 52" West 140.05 feet, North 67' 19' 02' West 352.10 feet, North 66' 02' 18" West 146.92 feet, North 65' 21' 35" West 148.66 feet, South 79' 23' 39" West 278.39 feet to a point in the Mean High Water lime and the intersection of the Atlantic Intracoastal Waterway; thence with said waterway North 33' 23' 36' East 181.03 feet to a concrete maaxment, the said point of beginning; the same being that tract of land described as TRACT 11 (CAl1DAX) and a portion of that tract of land as TRACP 42 (Club House site) in that deed recorded in Bock 1050 atj the New Hanover County Registry. =EMIG, ELNEVER, from the eooveyance of the above referenced tract an DO,. Peer 1231 0741 snruch of the riot of way of Beads Road North, Beach Road South and Beachbay Lane as may be within the hereinabove described tract of land and whirls has heretofore been conveyed to Figure '8" Beach Honeowner' a Association, inc. by deed recorded in Book 1172 at Page 566 of the New Hewer County Registry; and, EXCEPTING, FURTHER, from the operation of this conveyance that certain portion of the harethilbOole tract whirls has heretofore been cceveyed to Figure "8" Beads Hcreowner's Association, Inc. by deed recorded in Book 1172 at Page 566 and described therein onpage 11 of said dead es TRACT rr and being mare fully described as follows, Beginning ng at a point which is the southeastern comer of Lot 9, Hlodk B. Section 13, Figure Eight island, as the same is stwi on a nap thereof recorded in tip Bock 14, Page 4, of the New lmnover County Registry, State of North Carolina, whits said point is in the northern right of way line of a cul-de-sac on the north end of Beadibay Lane as *lawn on said map: running thence from said Begirming Point North 29' 37' 40" West along the eastern line of said Lot 9. B1ock B, Section 13, 133.80 feet to the northeastern corner of said Lot 9, Bloch B, Section 13. running thence along a line the same as though the said eastern line of said lot 9 was extsmded senthrerdly, North 29' 37' 40" West to a Point in the oprline of Bridge Road as the same is shown m said nep running thence in an eastwardly direction along and with the centerline of said Bridge Road to the point of inteteectien of the centerline of said Bridge Road with the centerline of Beads Road South as shown on said map; running theme with the centerline of said Heads Rood South South 18' 19' 19' Enst 145.23 feet to a point of curvature; rumiig thence with the said centerline of Beads Road South and a curve to the left having a radius of 301.32 feet a tangent of 100 feet, an arc distance of 193.11 feet and a Chord diorama of 189.82 feet to another point of curvature; ruining thence with the said centerline of Beach Road South and a save to the right having a radius of 383.91 feet, a tangent of 13D fleet, an are distance of 250.70 feet and a chord distance of 246.26 feet to the point of intersection of the centerline of Beads Road South with the oensterlioe of Beadsbay lane, as sages on said maps running thence South 72' 22' 22' West with the centerline of said Beachbey Lane 53.76 feet to a point of curvature; roaming theme with the oenterline of said Beachbay Lane and a curve to the right having a radius of 167.68 feet, a tangent of 140.93 feet, an arc distance of 234.4 feet and a chord distance of 215.78 feet to a points running thence with the centerline of said Beadsbey Lane North 27' 32' 00" West 48.99 feet to the center of a cul-de-sac on the North end of said Beac bay Lane; sunning theme in a no theastrnerdiy direction 50 feet, more or less, to the point of Beginning; saving and excepting, however, fron the operation of this conveyance so suers of the right of ways of 8eadnbay Lane, Bridge load and Beacon Read South as maybe within the hereinabove described tract of land. TRACT #9: I .INLAND TRACT Said property is on Middle Sand, being all of Lots 3 and 4 of the doss and French Tract, whidn was subdivided and called "Edgewater', the said lots being particularly described as follows* B nuuING at a stake in the Eastern line of a 30 foot road, the northeest corner of Tract #2, of Edgewater (the said beginning point located from an iron pipe in the Southwest corner of the Gross and French tract of lard as follows: Begin at the said iron pipe, ens thence South 44 degrees 25 rains. East along the said Gross and Freehand Batson lanes about 387 feet to a point where this line intersects the Eastern lines of the above mentioned 30 foot road, as shown on plan of Gross and French Subdivision called "Edgewater"; thence North 30 degrees East along the Eastern line of said 30 foot road, 192.9 feet to the Beginning corner); and runs thence from the said beginning stake North 30 degrees East along the Eastern line of said 30 foot road, 200 feet to the Southeast corner of Lot #5; running thence South 60 degrees East with and along the dividing line between Lots 4 and 5, of Edgewater Subdivision, a distance of 1431 feet to a stake in the western sherel.ine, the same being an iron stake located in the dividing lice between Lots 4 and 5 of Edgewater Subdivision at a point where said dividing line intersects the higlwater line of Middle Sand as shown by the Map of "Edgewater" and recorded in Map Book 2, at Page 113, in the Of Hoe of the Rsgister of Deeds of New Hanover County, Waning theme Iran said stake and along the dividing line between said cats Webers 4 and 5, South 60 degrees East approximately 420 feet to the Western right of way of the I t� 1v tecway,. running thence Southxwardly with the said Western right of way of inland L U C Waterway 200 feet to a stake in said line narking the earner between Lots 2 and 3, of said Edgewater vtubdivisicn; thence North 60 degrees West along the 800r PAGE F 1231 0742 dividing line of said Lots 2 and 3 About 435 feet to the Western dhnreline of Middle Sound; thence continuing the sane oahree North 60 degrees West with and along the dividing line between tote 2 and 3, a distance of 1394 feet to the Point of BEGINNING, the same being all of Lots 3 and 4 of the Subdivision of Edgewater, as sign by the rep recorded in Map Banc 2 at Page 113, in the Office of the Register of Deeds in the °Minty of New Hanover; and part of whidn is the narehland as Shown by a deed from the State Board of education to D. W. Cross and C. D. Prend1 recorded in Book 173, Page 490, in the Office of the Register of Deeds of New Hanover Canty. TOMMERwith all easements and appurtenances thereto including, but not limited to, all rights and easements claimed by virtue of and described in a Deed of Easement from the Edgewater Club, Inc. to island Development Company recorded in Soo* 737 at Page 236 of the New Hanover Cbunty Registry. EXCEPTING, Ham, a conveyance of 1006 feet depth of Lots 3 and 4 fran the aforesaid 30 foot roadway given in a conveyance to R. L. Gould and wife, Bernice Gould, by E. J. Hines and wife, Lillian D. Hines, they retaining into themselves in said conveyance, an easement on and aver a 24 road alc g the South edge of Lot #2, and granting to R. L. Gould and wife, Bernice Gould, an easement over the 24 foot roadway leading from the 30 feat roadway, West of lets 3 and 4, to the said Middle Saurd, said deed being recorded in Boo* 419, at Page 345 in the Office of the Register of Deeds of New Hanover County. AND SUBJECT FURRIER, to a grnveyance of E. J. Hines and wife, Lillian D. Hines, to James M. Boylan and wife, Iris Ruse 8oyland, said property being conveyed by a deed recorded in Bock 430, at Page 473 in the Office of the Register of Deeds of New Hanover County. This deed includes an easeneut over a 16 foot road running across Lots 3 and 4 to Lot 5, and parallel to the property line, the East property line of the property granted to R. I.. mold and wife, Bernice Gould, together with a further easement to James M. Boylan and wife, Iris Rose Boylan over the 24 foot road leading fran the 30 foot road to Middle Sound over lot 3. IneEPITNG FURTHER that Tract conveyed by Island Develoement Orany to Herman J. Gerdes and wife, Lillie M. Gerdes, by dead dated January 22, 1969, and recorded January 23, 1969, in Book 849, Page 327 in the New Hanover Cbnty Registry and more particularly described as follows: BEGINNING at an iron pipe in the dividing line between Tracts 4 and 5 of Edgewater as shown on neap of same recorded in Map Book 2, at Page 113 of the New Hanover Qxnty Registry, said pipe being South 60 degrees Fast from the common corner of said tracts in the Eastern line of the 30 foot road as sham on said map. said beginnitij point being the Northwestern corner of the tract conveyed to Island Development CAlnpany by deed rewarder] in Book 791 at Page 309, of said Registry; running thence from said beginning point south 60 degrees 00 mins. East along said dividing line between Tracts 4 and 5, 160.0 feet to an iron pipe; thence South 30 degrees 00 mins. West 10.0 feet to an iron pipe; thence North 60 degrees 00 mires. West and parallel with said dividing line 160.0 feet to an iron pipe in the Western line of said Island oevelamerrt Query tract; thence North 30 degrees 00 coins. East along the Western lire of said tract 10.0 feet to the point of BEGINNING, the same being a portico of Tract 4 as Sham on the aforementioned mep of Edgewater. SUBJECT to the 16 foot easement held by the Gerdes. !EXCEPTING FURTHER from the operation of this oonveyarce of the above described tract that pertain tract of land conveyed to Raymond C. Parker as Trustee of the Grace S. Pittman Trust recorded in Book 1216 at Page 1767 of the New Hanover Qxanty Registry and more particularly described as follows- BEGINNING at an iron pipe whit is South 60' 00' Fast 1,006.0' fran an old iron axle narking the nerthoestean corner of Tract #4 of the Edgewater Sehdivisign as the same is shown an a rep thereat recorded in Map Book 2 at Page 113 of the New Hanover Cbunty Registry; running thence from said Beginning Point with the northern line of said Tract t4 Edgewater Subdivision South 60° 00' East 700.0' to an iron pipe in the western edge of the marsh of Middle Sound; continuing thence the same course South 60' 00' East 100', more or Stag, to the western right of way line of the Intracoastal Watervely; running thence with said right of way line about South 37' 00' West 160' to a point bearing North 60' 00' West from an iron pipe at the tip of a bulkhead, said pipe being 159.6' from the northern line of said Tract #4 Edgewater Subdivision as measured at right angles thereto; running thence North 60° 00' West 280.0' to BODE PAGE 1231 0743 an iron pipet mooring thence at right angles South 30' 00' West 16.4' to a new nail and bottle cep in the northern edge of the asphalt pavenent of Bridge Aoadn starting theme North 60' 00' Weat 300.84' to another nail and bottle ceps ruining thence generally with the southern, eastern ant northern edge of a pouring area the foliating courses and dietenoas to a point bearing North 60' 00' West 156.0' fr the preceding point, to rite North 28' 37' fast - 59.0' North 2' 25' Weat - 27.0' North 28' 26' Wont - 18.0' North 46' 27' West - 25.0' North 55' 27' Mast - 25.0' North 76' 27Weat - 18.0' Borth 83' 34' West - M0' South 68' 33' West - 18.0' Barth 55' 37' last - 75.4' riming theme North 60' 00' Watt 43.18' to a new iron pipet ruining thence at right angles North 30' 00' Mast 176.0' to the paint of Beginning: the SEM containing 1.71 acres, wore or less, exclusive of area in the marsh of 0.85 acres mope or lees and being the real property es shown an a map thereof receded in Map Hods 21 at Page 63 of the New Hanover County Aegdatry, Barth Carolina. Ibgather with all riparian tights, if any, lying between the western high water line of Middle Sarno and the western line of the Intracoastal Waterway. 'lbgether with an easement or right of may in Omer of Grantee in the deed in Hock 1216 at Page 1767 his heirs and assigns, over, acmes and through the present paved rued leading five a 30' road m the mainland to the bridge leading to Figure Bight is]and, said easement or right of way to extend no further eeetsiardly than the existing guartlmiee or aooeas antra building ]coated at the north side of said road. all as shorn m the map of the hereinbafore coaveyed tract of real Property recorded in tap Book 21 at Page 63 of the New Hanover Musty Atgistry. Borth Carolina. 800K PACE 123I 0744 SCHEDULE 1 lb Deed From The WillimaLyn Coenny '!b gyre Figure Eight Island Club, Inc. A. All of the Lots or parcels of :eat property conveyed by this instnment are ooaveyed subject to the following exceptions (1) Ad valorea tares for the year 1983 and subsequent years. (2) No warranties are given as to title to any portion of the bereinabcve described tracts or parcels of real property which lie below the mean high water line or any waters that ebb and EUow with the tide. (3) Any local, county, state or federal goverrment Law ar regulation relative to zoning, sltdivi ion, omasncy, use, onstructim ar dmelosene of the subject property. (4) All existing and recorded restrictions, exceptions. reservations, easements, rights -of ey, conditions and covenants of whatever nature applicable to the subject parcels or tracts of real property. (5) The develcem nt agreement recorded in Book 914 at Page 894 of the New Hanover County Registry. (6) As applicable, the easement for the Intracoastal Waterway 1,000 feet wide as claimed by the united States of America and as Shown as recorded and documented sage in the New Hanover County Registry, State of North Carolina. (7) Aeaeserents, if any, either eased or special, levied ty the Figure "8" Beath Homeowner's Association Which said assessments nay constitute liens against the lands described in this conveyance. (8) &abject, as applicable, bathe easement recorded in Book 924 at page 517 of the New Hanover Canty Registry. B. In addition to the exception stated in A. above in this Stele 1, as the same maybe applicable to TRACP 1 (MARSHLANDS G TRACE) as hereinbefore described in this Limited Warranty Deed, the said TRACT 1 is also conveyed subject to the following: (1) Subilog !to'oll, and imdneral rights reserved by the State of North Carolina as reahirded•-in Book 681 at Page 478 of the New Hanover Oanty Registry. (2) SubjectAo-that certain lease to the State of tbrth Carolina seer a portico thereef.•es reamed in Wick 848 at Page 507 of the New Hanover Comity 8001, PACE 1231 0795 Registry. (3) Subject to any and all claims, if any, of any governmental agency. either federal, state or local, as to ownership ar right. to use thereof. C. In addition to the exceptions stated in A. above of this Schedule 1, as the sane may be applicable to TRACT 3 (TRACT 90111tESD FRAME EMT IstARDI as bereinbefore described in this Limited Warranty Deed, the said TRACT 3 is oleo conveyed subject to the following ezc ion° or restrictiones (1) Subject to those certain easements to Oliver C. Hutaff et al as recorded in Book 600 at Page 67 and Book 954 at Page 255 of the Near Hanover County Registry. (2) Subject also to the restriction that this TRACT 3 shall be used only as a Walkway for pedestrian traffic ar for the planting of shrubs, trees, flowers, grass and other plants and, in general, for landscaping purposes only. D. In addition to the Pex*pti_ stated in A. above of this schedule 1, as the seem may be applicable to TPACr 4 (HARSH AREA SECTION 18-131Cp( 13-49,P BDQC 18 PAGE 87) as bereinbefaxe described in this Limited Warranty need, the said TRACT 4 is also conveyed subject to the following exceptions or restrictions: (1) Subject to the restriction that said TRACT 4 shall never be used for the purpose of the building of structures thereat and shall be used, if at all, solely and exclusively for the planting of shrubs, trees, flowers. grass and other plants, and, in general, for landscaping purposes only. (2) Subject to any and all claims of any governmental agency, either federal, state or local. as to ownership or right to use thereof. E. In addition to the exceptions stated in A. above of this Schedule 1, as the same may be applicable to TRACT 5 (Designated Area -Future Residential - Section 18-Block B4idep Bozic 18-Page 87) as ieereiitbefare described is this Limited Warranty Deed, the said TRACT 5 is conveyed subject to the foliating exceptions or restrictions: (1) Subject to any and all claims of any glover:mental agency, either federal, state or local, as to ownership or right to use thereof. (2) subject to that certain Deed of Easement recorded in Hook 1230 at Page 1889 of the New Hanover County Registry. (3) Subject to the teems and conditions of that certain agreement recorded in Book I22 at Page 211.. of the New Hanover testy Rellan 1. BOU' PACE 1231 0796 (4) Subject to the restriction that said TRACT" 5 shall never be used for the purpose of the construction of any structure thereon and shall be used, if at all, for the planting of shrubs, trees, flowers, grass and other plants and, in general, for landscepirg purposes only. F. In addition to the exceptions stated in A. above of this Schedule 1, as the sane maybe applicable to TRACT 6 and TRACT 7 as har,tinbefore deaLrib l in this Limited Warranty Deed, the said TRACT 6 and TRACT 7 is conveyed subject to the followiry reetrictiont (1) Subject to the restriction that the said TRACE 6 and TRACT 7 shall be used only for any one or mare of the following' (a) the location, installation and i ntanazxe of waterfalls, or (b) the planting of shrubs, trees, ficwers, grass and other plants and other landscaping purposes, or (c) the location of we kway(s) including the construction, repair and/Or sedirtenance of uncovered wooden plank type walkways. G. In addition to the exceptions stated in A. above of this Schedule 1, as the same maybe applicable to TRACT 8 (Causeway Tract) and TRACT 9 (Mainland Tract) as hexeiabefore described in this Limited Warranty Deed, the said TRACT 8 and TRACT 9 is conveyed subject to the following exception• (1) Subject to the rights of all the owners of real property situated ai Figure light Island to the use and benefit and ingress and egress over, along and across the streets and roadways located on the said Causeway Tract providing aeoeas to the said Figure Eight Island and this oo veyanoe is wade expressly subject to an easement in favor of all property owners nw or hereafter owning real property an said Figure Eight Island for isxpress and egress over, across and through all roads and roednnys rrrV or herd located on the said Causeway Tract which provides main amass from the mainland to Figure Eight Island; provided, however, that this restriction shall not prohibit the Grantee from relocating the existing roadway so lag as access to the said Figure Eight Island is maintained. Subject further to the restriction that Grantee its.suxxtesors and assigns shall always allow access for ingress and egress to t 'said=owners of real property located on Figure Eight Island. (2) Subject to that certain agreement recorded in Book 737 at Page 236 to the rights, if ahry, of the members of the Edgewater Club under said agremeent. The restrictions set out hereinabove on the various tracts of land described herein shall be binding on the Grantee, its successors and assigns and shall run with the land. JUN 0 ;, _=FTNc STATE of 1, MpY o 17, 0 V.1 ROY COOPER - `-A Governor ELIZABETH S.BISER ` e Iz., - Secretary *f'�'E QuA,0-0*=" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 17, 2022 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck©NCDENR.gov SUBJECT: CAMA Applicant: Figure Eight Island Yacht Club, Inc. Project Location: 15 Bridge Rd., adj. to Middle Sound on Figure Eight Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to expend an existing open water marina to accommodate an additional twelve (12) vessels for a total of 100 boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 13, 2022. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7301 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. 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. PRINT NAME AGENCY SIGNATURE DATE D_E Q North Carolina Department of Environmental Quality . Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NORTH CAROLINA Deperh e t of Environmental Quality 910.796.7215 Major Permit Fee Schedule ti Project Name: --q (,r % t i, to el L a cr C County: N Check No & Amount: Ova 1f `tv 4 `lmU Development Type Fee DCM % (14300160143510009316256253) DWQ % (2430016024351000952341) I. 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) III. For development that involves the filling and/or 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. 4175 can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4175 can be applied: $400 100% ($400) 0% L ($0) 111(C). If Gen ater Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If Geater Quality Certification No. 417 annot be ap ied:igivi, k 7 $400 60% ($240) 40% ($160) I IV. Development that involves the filling` and/or excavation of more than one acre $475 of wetlands and/or open water areas: 60% ($285) 40% ($190) 3,695' to Property Line of Raymond Parker 1489 Edgewater Club Road Wilmington, NC 28411 36 35 Existing Structures Width of Waterbody = 320' 34 32 ■ 30 2: ■ 26 2 - 22 20 18 16 ii 14 12 ■ 10 8 ■ 6 4 Mars tk tit Existing Club House I. 11, 'Existing Bulkhead 12 Dock D 3 517 9 J 11 Figure Eight Island Yacht Club, Inc. c/o Peter P. Gushanas 15 Bridge Road Wilmington, NC 28411 Dock A 1G 4' Marsh r M N o) N N 0) M N N N CO C7 r 00 CO N Figure Eight Island Yacht Club, Inc. 15 Bridge Road Wilmington, New Hanover County Drawn By: Debbie Wilson 3/15/22 Scale: 1" = 40' Sheet 2 of 5 Total Slip Count Permanent = 88 Temporary = ± 3 91 = Total Existing 320' to Property Line of Figure 8 HOA 15 Bridge Road _Wilmington, NC 28411 I, 1,152' to Property Line of Bell Beach Road N Properties, LLC c/o Jonathan Bell 201 Beach Road N Wilmington, NC 28411 JIJN 0 3 ?on Proposed Structures \J EXISl C" \T\ 0 0 z 4 O L v, w V 4 Proposed Structures U a 2 B-1 to B-12 = Slip Numbers z z 25' =Typical Side -to Shp ► B 9 4, B �' 1 I `7:17) x Length s 8-11 810 I a I p o x, B12 i 18' N 1 x 4 B3`>�Z',, B1 Lu 1 8 x oo B-7 4 B-6; B-5 1 8-4 9 _= NO DOCK1f�G ALLOWED ..�� - • g'X100' ' ��� NO ooc�clt�G AL4�oWED ::::07_.)11rLai.,:. f NLW �� Edge of, r --fir..__.�.yy�Y}I/larsh—�y"-�:,�i� y \V11( N4,w Existing Bulkhead Marsh Figure Eight island Yacht Club, Inc. 15 Bridge Road Wilmington, New Hanover County Drawn By: Debbie Wilson 3/15/22 Scale: 1 " = 30' Sheet 3 of 5 1,) it EXIST4NG DOCK JUiN 0 3 2022 I, PATRICK C. BR15TOW, CI=KTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE PACE OF THIS PLAT: RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+: THAT THE BOUNDARIES NOT 5URVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH 'THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA" (2 I NCAC 56. ! 604); WITNESS MY ORIGINAL SIGNATURE, LICENSURE NUMBER AND SEAL THIS 22ND DAY OF OCTOBER A.D. 202 I . R%LIM1 \1AY PATRICK C. BRISTOW N.C. PL5 No. L-4 L 45 -6.3 I NOTE: This LOT 15 LOCATED INZONE AE(124131 MAP # 37203 1 7900 K COMMUNITY ID # 3701 68 DATED: AUGUST 28, 2018 PROPOSED 8' WIDE FLOATING DOCK "E' DOCK NOTES -5.90 -2.70 I . ALL ELEVATIONS SHOWN HEREON ARE RELATIVE TO MEAN LOW WATER AS PER NOAA TIDE GAGE 0 -6.68 q AT WRIGHTSVILLE BEACH, (STATION ID # 8658 ! 63). 2. THIS LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS OR COVENANTS OF RECORD, Proposed Structures and Existing Water Depths FIELD LOCATED POSITION OF EXISTING FLOATING DOCK - "C" DOCK 0 25(T`(P.) -2.02 0 - 1 . 1 0 EDGE OF GRASS (FIELD LOCATED) 0 -3.59 0 -4.2 I - 1 .03 -4 57 -5.32 0.96 - o -I .2I I.45 = 1,20 0 - I .57 RAMP 0 -2.85 -1 .48 0-1.1G NEW WORK 0.95 1 .22 BULKHEAD (FIELD LOCATED) ZONE AE (I 3) — — — — r r ZONE AE (1 2) f EXISTING FLOATING DOCK -4.4 I ELECTRIC PANEL RAMP EXISTING FIXED PIER FSELIV1INAY ;woRr, MAP) h0+ ca',/ ?DRIERS NECK 'RC° w E SHELLBANK SfTE LOCATION MAP NOT TO SCALL SURVEY REFERENCE MAP BOOR 14 PAGE 4 DEED BOOK 501 2 PAGE 74 DEED BOOK 1322 PAGE 1 696 cf LEGEND • = PILING 8-10= SLIP NUMBER ..)i,i l} t ,•, Sheet 4 of 5 S:1LAND PKOJECT5\FIGURE EIGHT ISLAND DOCK 50UNDING51cIwg\SOUJNDING5 .ciw OCTOBER 22, 202 30 0 15 30 GO 1 INCH = 30 FEET MAP FOR FIGURE EIGHT ISLAND CLU, c. PROPOSED DOCK EXPANSION (LAYOUT SOUNDINGS) HAKNFTT TOWNSHIP NI±W hANOVffK COUNTY, N.C. PATRICK C. BRISTOW LAND SURVEYING, PC 181 SOUND VIEW DRIVE WIL.MINGTON, NC 28409 PHONE : (910) 471 9998 E-MA1L : pai@bristowsurvcying.coI11 FIRM LICENSUKE: NO. C-307] X-Sectio ns PATRJCS C. BRISTOW, CERTIFY THAT D115 PROPERTY WAS SURVEYED AND tWAP DRAWN UNDER MY SUPERVISION: X50R1FTIO4 A5 51 0AN ON TI tE FACE or T1115'_AT, RATIO Of PREC:51ON AS CALCULATED BY COMPUTER 15 I :10,000+; TI1A` TFE JOUNDARJES NOT SURVEYED ARE SYtOWN BY BR0.4EN LINES PLOTTED FROM NFORMATION Rf`ERENCED: THAT fr115 PLAT WAS PREPARED N ACCOZDANCE 1VIII 'ME STANDARDS OF PRACTICE FOR LAND 5JRVEYNG t1 NORTH CAROLINA' (21 NCAC 56.1604); W'NE55 MY ORIGINAL SIGNATURE. UICENSURE NUMBER AND SEAL 1 115 )XC DAY OF X:CCOON A.D. 20? . PRELIMINARY PATRIC!c C. DRt5T0W U.C. PL5 No. L•4148 Figure Eight Island Yacht Club, Inc. 15 Bridge Road Wilmington, New Hanover County Drawn By: Patrick Bristow 3/15/22 NTS Sheet 5 of 5 C MAXIMUM DEPTH IN BASIN ISG.6'@MLW PROPOSED 8' WIDE FLOATING DOCK Proposed Fixed Platform Addition RAM F` Il 2.0' MIN. SAT MLW SUBSTRATE EXISTING GROUND LEVEL OF BULKHEAD \111/ MI1W Al FACE HEDGE Of MARSH GRASS Typical Cross SECTION VIEW OF PROPOSED PIER, RAMP AND FLOATING DOCK SYSTEM (LOOKING EAST) (NOT TO SCALE) EXISTING WOODEN RETAINING WALL KA13.9_XrvCNolder N.avreWamC of X, 202 I X.XX AC. ± xx x XX XX XX I INCH = XX FEET SURVEY FOR XXXXXXXXXXXX LOT XX SECTION X XXXXXXXX SUBDIVISION XXXXXXX TOWNSHIP NEW HANOVFR COUNTY, N.C. PATRICK C. I3RISTOW LAND SURVEYING, PC LSI SOUND VIEW DRIvL WILMINGTON. N(' 7.Y40) PHONE : (910) 471.9998 E-NIAIL: pa104briskrxsurvcying.com l'IRN1 LI(:F NSURE NO. (7.3f7I JUN 0 3 2022