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58126_SALTER SUNRISE CORP_20110629
i❑CAMA / ❑ DREDGE & FILL GENERAL PERMIT Previous permit# E:]New ❑Modification El Complete Reissue El Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC ❑ Rules attached. 4 Applicant Name Project Location: County Address Street Address/ State Road/ Lot #(s) City State ZIP Phone # ( ) Fax # ( ) Authorized Agent ❑ CW ❑ EW ❑ PTA Affected AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no ❑ ES ❑ PTS ❑ UBA ❑ N/A Crit.Hab. yes / no Subdivision City ZIP Phone # O River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body Type of Project/ Activity (Scale: ) Pier (dock) length Platform(s) Finger pier(s) Groin length - —1-1- - — -- – number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel F cubic yards Boat ramp - Boathouse/ Boatlift l 1 r _ Beach Bulldozing Other i Shoreline Length SAV: not sure yes no j Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no r _ A building permit may be required by: See note on back regarding River Basin rules. Notes/ Special Conditions Agent or Applicant Printed Name / f Permit Officer's Signature / Signature ** Please read compliance statement on back of permit Issuing Date Expiration Date Application Fee(s) Check # Local Planningjurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar- Pamlico River Basin Buffer Rules ❑ Neuse River Basin Buffer Rules ❑ Other: If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-2808/ I -888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. (Serves: Carteret, Craven, Onslow -above Raleigh, NC 27604 New River Inlet- and Pamlico Counties) 919-733-2293 Fax: 919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 PROPERTY LINES PER DENARD T. POTTER HELEN D, POTTER BOOK 404 PAGE 248 AND BOOK 549 PAGE 563 AS PLATTED AT HOOK 6 PAGE 72� PAMLICO COUNTY REGISTRY RAIL FENCE BLOCK RETAINING WALL O IIII IIIIIIIIIIIIIIIIIIII�I ll. . IIIIIIII'II'l.. IIIIIIII'I'Illl IIIIIIIIII'IIIII. I S I I'I'I'I'II S I' p "IIIIIIIIIIIII I'III'I'I'II.IIIII Il'lllllllllll SHORELINE MEASURES 62' AS SCALED FROM 'LINE SURVEY AND I II"I"II�I�I.I. {q• I I I I I' I' I' ' STUMP LOCATION FOR DALE L MICHELLE MND' NEV PILING '0p (I' YPICAL OF 7) DATED 26 NOVEMBERER 2012010 R III I II II II II I II II NEV CONCRETE 6 VODD DECK II I III I' \f}�\ 24' HELOV BASE ELEVATION gr s' HY B• C53.3 SO FT) I III IIIIII�III�I�IIIII�I e� IIIIIIIIII" \'�?\ � II IIII III e°+ IIIIIIIII \4 \ \\ I' Q ARNOLD FUIP SHIRLEY FULP 'I'I'I'I'I'I I'i I I �J' \fE. NEW CONCRETE 6 WOOD DECK 24' BELOW BASE ELEVATION 5' BY 10-8' (53.3 SO FT) NEW CONCRETE 6 WOOD DECK 'I'II I II I I I II IIII IIT I' �\ AT BASE ELEVATION (MATCH EXISTING PIER) 9' BY 10'-4' (93 SO FT) III'II'II'I'I'IIII IIIII�IIIII'II.'. III,IIIIIII'Ill., I I'I'I'I'I'I'I'I'I'I I I IIIIIIIII'I'I' IIII II IIIIIIIIIII I !'!jIII'I I' P P PROPOSED PIER ADDITION SALTER SUNRISE CORP❑RATI❑N ARAPAH❑E, NC FEATURE LOCATIONS SCALED FROM p 'LINE SURVEY AND STUMP LOCATION FOR DALE 6 MICHELLE MCFARLAND' DATED 26 NOVEMBER 2010 V EQUALS APPROXIMATELY 20' ttecrlvED JUL 0 8 2011 DCM-MMD CPCY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: H ,7 .\V Mo jvA" NV\ 2. Article Number (Transfer from service labeg PS Form 3811, February 2004 A. Signature X ❑ Agent ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2510 0001 2549 5478 Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D -c \1\ OW � 64 S5 NC S� WWI E 'Gerr\ -5 -60 A. Signature A. , ❑ Agent y ' ❑ Addressee B. Received b ed C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (E)(tra Fee) ❑ Yes 2. Article Number (Transfer from service label) _7004 2 510 0001 2549 5508 ----------------- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 y 1� RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor .lames H. Gregson, Director William G. Ross Jr., Secretary Date 5 A1 Applicant Name 5nq1n 5•� �y iSt' Ca:°C}. Mailing Address CA� 5 u n J t 5 c tic\ye %1 I certify that I have authorized (agent) �. �3x /I ���+ h C: to act on my behalf, for the purpose of applying for and obtaining all LAMA Permits necessary to /-Y install or construct (activity) VA'w, '�o em , ,Q i e r at (location) This certification is valid thru (date) Signature 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.ncGoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper PROPERTY LINES PEP. DUDK 404 PAGE 248 AND DOW 549 PAGE 563 AS PLATTED AT DOOK 6 PAGE 72 PAMLICO MRM REGISTR't RAIL FENCE e \\ DLDCK RETAINING WALL III iI'III!' Ijljfjllljljtil ! iliiiljljlilillliillltii I t I'I 1 !'ill I'I t'hl I I jlilil'IiII1jlillli!il�l l(11lliilltli,,tl!lllt!illl�ti. ZZ �lli,('iliillII i 1,1:1 Id'I'Ft-I-I SHORELINE MEASURES W as .^.�: !'t i'i {'I N-.1 ! C:1ED UMP lOCA1'DIN DORYMID V PILIDALE E MICHELLE MCFARLf1b" /CTYYPICAL OFDATED I ilI!l,IIIIIi�IIIIi 26 NOVEMBER 2D10\\ g. I b It ijli lt.l" `NEV CONMETE 6 WOOD CECK !�t{tl!I!,I!!li �24• BCLOV EASE ELEVATICM (533 SO FT) ',i"I !'1'i i.I'I'I'i"I'1' . I'llllllllMilllllllli-i Ilitjlj )� II 1 !! f t M A 11i I I'i I i "pfr e f ..-. Ilililililllitilill j I 0\ I I'illlllill ilijlllllil Ar�r- y///S, 1ffiV CONCRETE d e'OOD DEQ( �e#-�x���%/ 24' KLOV EASE ELEVATION • i ill{iltliijijljljl i ygcr ""j•� 5' DY 10'-8(533 SO FT) HEV CONCRETE Z 4'0(3 DE/7C i lii llliilllf 1111 l-I' F�\ AT EASE ELEVATION ili'I i' (HATCU E7OSTIM PIER) V ILII {Illil,lil �ji,i,�lll.t 9' 0Y 16'-4' C93 S0 FT) if'Iitiiflilil i i I-t'tIflli!1 1 1IIIII. ! 1 I I i'- lilii'I'lililll f Ililiil!itlilii7111 iti��l;l;lijl i ` o � � o i PROPOSED PIER-ADDITION :. slaro3 a ARAPA NC LIN i NOT 3N vdvav i• EQUALS 'Y n. - r NF-Hild(IV 83Id CI3SOdOdd i i o ii I /t !gill j�ilj.i fl is ! 1•i l'! I �`7 i I!I III°I{Iallill'1- i,(,1 I is Int i I 1 I I, ��II,Illiill,'l Ilitilllltll{j6tlllijiIi E6) 1 I I'!j!-f'1:!;I'I 1 I I (a ! IX3 1 .6 _ <a3;a 9rulsn(3 ,ulvw I�t I I !-I.1 i I l l I�i� d NOiIVA313 3SVD LV I" l.'"I• *w 040.5 a 3131Ctm3 n3H to as EES) it IIiI11I i eti ' A a'G Y 313 PON ,l,lt!,I,!It III lli I I I I illililliillililil llijlt-II ' I(tillylilill. fu 00119 .G !11111! ItfII 1'1.1'1'1' M011VA313 3SyD 11U13fl .4Z �'�� I Iltjilljil11�1111111111' d3,`�G Dia 9 313a�m3 n3H ��� 0102 a3%IH3/.OH ?2 031V0 Al)Tdldl@4tllNVd:DI;M 2 3 Y0 i11l1lilllilil1t1111 ! fit' AJlnld n3N�+j KutfO11lrXI VJOl dHl,1S UM 13na s 3N1,. HON3 (13_WO5 9 III ,y ! Ia 11: SV 29 S2&SV37+ 3MrTYdCHS !'111!11-itl'•"' !'I,.,I;I;Illjljlttiijl!ft,t!!t� liIIIII1�I,i!'j'!' c / �1111iilllli�ill'ilitl�!I�� ' IIIIII11lll�l 1I iltllii111111i�I'll !' I I I,i I'i•i 1.1.1.1' % I,1I11lIi 1'1'111!! 1 1111111'1 � •Fwn O:aculu138 >00'% 3AII3 1iVa ).aLS d 9 AIWXCEDlI 0ff3LIV \ ZL 33tld 9 79818 ld Q311V,d SV E:5 37Yd 6K )6108 D}AI Bf2 )UM / a3d S3Mauad n ua3ai "093-66-1 11093-84 11093-86 11093-83 !1093-87 11093-69 11093-81 H093-79 11093-68 H093-71 H093-72 H093-73 H093-67 "093-62 H093-61 b 3-85 H093-58 A./�0Q H093-57 11-1.17 W. MoAA ,h q. -1 Vefhcrj�r,\\t, t (- �7*A 1-1093-56 "093-54 Pamlico County, NC Parcel Number: H093-85 Deed Book: 549 y NC PIN: 0 Deed Page: 563 Owner Name: SALTER SUNRISE CORP Plat: MB 6 PG 72 PROPERTY MAP Owner Name2: Deed Acres: 0 Owner Address: 91 SUNRISE HAVEN Land Value: 523 '. Owner City: ARAPAHOE Building Value: 0 N Disclaimer: Value: 523 ' - Owner State: NC The date provided on this map are prepared for the Inventory of real property found within .,� Pamlico County, NC and are compiled from recorded plats, deeds, and other public records Owner Zip: 28510 Sale Date: [unsupported data type] and date. This data Is for informational purposes only and should not be substituted Situs Address: . Sale Price: 0 for a true tlde search, property appraisal, survey, or for zoning verification. Le al Desc: ROADS AND WATER ACCESS One Inch = 100 Feet ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: V Ij A. Signature ❑ Agent B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labeq 7' �} 2 510 0001 2549 5478 PS Form 3811, February 2004. Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f_ \/\ A�r 0 5J I / A. Signatyre ` y A �,/� 13 Agent '1 ❑ Addressee B. Received by _.Prix ed me) C. Date of Delivery _fir- D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) ,._ _ __7_004 2510 0001, 2549 5508 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; NC Division of Coastal Mgt. Habitat Impact Computer Sig, Applicant: Salter Sunrise Corporation Date: June 29, 2011 General Permit #: 58126C Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount OW Dredge ❑ Fill ❑ Both ❑ Other ® 209 209 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised. 02/03/10 1Bx 1200 PO BOX 190 ORIENTAL, NC 28571 6 ! C' p' 66-30/531 J 1 472 D Date r� Pay to the Order of l I d �\ $ avc_, `\ 1 V/0 t1 i7� 0 7G� OV4 "" DollarsNVV di First Citizens a Bank For firstcitizenr� +�440 — i:0 5 3 100 3001:00 4 7 1 20 2 1 2 5 4ii' 01200 �.a 0 P �c A L 11%.***,.-")... *,o f tia ..ON i J ft'jq, ., \ <4- chi 0 �y • d r t,� • J �YqQ �'•d?a �� �oe4 ��.�s•ri r ati / ecs�f re • E J4J0, 06. Z' OAl / BOUNDARY SURVEY FOR DENARD T. PUTTER & WIFE �J HELEN D. POTTER -Ao3 Q�cr LOTS TWO & THREE OF THE HERBERT BROUGHTON DEVELOPMENT boQ �9 AND AREA OF POSSESSION & OCCUPATION SOUTHWEST ()F LOT 3 v C()MMUNITY OF DAWSON CREEK NUMBER 5 TOWNSHIP, PAMLICO COUNTY, NORTH CAROLINA JULY 10, 20UJ SCALE: I " a 30' M DEXNIS 110na[s a .%bsm.ik rjsi. () 15 30 60 90 PR°FENSIONAL L.l\n St-HvevoR_r 1266 RoneRrs Rn. .,.......... .. q a <4- chi 0 �y • d r t,� • J �YqQ �'•d?a �� �oe4 ��.�s•ri r ati / ecs�f re • E J4J0, 06. Z' OAl / BOUNDARY SURVEY FOR DENARD T. PUTTER & WIFE �J HELEN D. POTTER -Ao3 Q�cr LOTS TWO & THREE OF THE HERBERT BROUGHTON DEVELOPMENT boQ �9 AND AREA OF POSSESSION & OCCUPATION SOUTHWEST ()F LOT 3 v C()MMUNITY OF DAWSON CREEK NUMBER 5 TOWNSHIP, PAMLICO COUNTY, NORTH CAROLINA JULY 10, 20UJ SCALE: I " a 30' M DEXNIS 110na[s a .%bsm.ik rjsi. () 15 30 60 90 PR°FENSIONAL L.l\n St-HvevoR_r 1266 RoneRrs Rn. .,.......... .. i illllll. INlII IN 16N IIIII NII IIIII INII dill 1116 NNI tIIN N1N 111116!1 Ilii Doc ID: 002033180006 Type: CRP Recorded: 11/16/2010 at 12:38:07 PM Fee Amt: $34.00 Page 1 of 6 Revenue Tax: $0.00 Pamlico. NC Sue H. Whitford Register of Deeds 8K549 PG563-568 QUITCLAIM DEED Revenue Stamps: $0.00 ❑ If checked, the property includes the primary residence of at least one of the parties depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF PAMLICO THIS QUITCLAIM DEED, made and entered into this the ,day of NAX C C, 2010, by and between PRESTON B. SALTER and wife, DELLA W. SALTER; and PRESTON B. SALTER and DELLA W. SALTER, as Trustees of the SALTER LIVING TRUST dated August 8, 2003, party of the first part (whether one or more) (the address of the party of the first part is as follows: 4017 Janeiro Road. Arapahoe, NC 28510); and SALTER SUNRISE CORPORATION, party of the second part (whether one or more) (the address of the party of the second part is as follows: 91 Sunrise Haven, Arapahoe, NC 28510). WITNESSETH: That the party of the first part in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, has remised and released, and by these presents does remise, release, and forever quitclaim unto said party of the second part, said party's successors and assigns, all right, title, claim and interest of the party of the first part in and to that certain tract or parcel of land more particularly described as follows: Prepared by Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please return to Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Bem, NC 28563-0867 Attention: Clifford P. Parson No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title from Ward and Smith, P.A. qEiURNED T0:c0.Rte,c- IZZA Ct rl C/It.��, DATE RETURNED: 1) - /11-W Tract One: All common areas serving the owners of lots within the subdivision depicted on Map Book 6, Page 72 in the office of the Register of Deeds of Pamlico County, including but not limited to Tract One and Tract Two described in that deed to the party of the second part recorded in Book 404, Page 248 in the office of the Register of Deeds of Pamlico County. Tract Two: All property not previously platted and depicted as lots on Map Book 6, Page 72 and not previously conveyed by metes and bounds, specifically including the area immediately to the northwest of Lots 1, 2, and 3 depicted on Plat Cabinet A, Slide 39-4 that appears to be an extension of Salter Drive and the area immediately to the southwest of said Lot 3 as that area is depicted on Map Book 6, Page 72, said area providing access to the Neuse River; but specifically excluding any non -common areas retained by the party of the first part, including the properties identified by the Pamlico County Tax Office as Parcel Number H093-94 and H093-66. The common areas intended to be conveyed by the deed recorded in Book 404, Page 248 and intended to be conveyed hereby are depicted on that map attached hereto as Exhibit A and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to said party of the second part, said party's successors and assigns free and discharged from all right, title, claim or interest of the party of the fust part. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal in such form as to be binding, this the day and year first above written. A (SEAL) Preston B. Salter LgL— Zt/, ja&2—(SEAL) Della W. Salter Preston B. Salter, Trustee of the Salter Living Trust Dated August 8, 2003 SEAL ( ) Della W. Salter,rustee of the Salter Living Trust Dated August 8, 2003 STATE OF NORTH CAROLINA COUNTY OF t'A 1-;(L L C' n I certify that the following persons personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: PRESTON B. SALTER and DELLA W. SALTER. Date: y L �,k T-1 Czyy' Lf Signature of Notary Public V A C k' 1 0. 6Afu L S L C% Notary's printed or typed name My commission expires: `� - .Z - 2— c, (Official Seal) Notary seal or stamp must appear within this box. 4 STATE OF NORTH CAROLINA COUNTY OF I certify that the following persons personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: PRESTON B. SALTER and DELLA W. SALTER. as Trustees of the Salter Livine Trust dated August 8, 2003. Date: N�1lCt✓�t = Icy"ZG►0 (.CLl"L1S Signature of Notary Public � L �J( t-0 C /c P-4 I S L E Notary's printed or typed name My commission expires: �1 - 2 ZZ I 1 Notary seal or stamp must appear within this box. ND: 4827-2237-3895, v. 1 Z 100J 90L m LJOUI Bup �oN0 Q v�°gwu Opglrrn E» 0 "19 �J 1� �\�Nn I Rd 1 �..I.,iy�il..11w lMuxp pN Hlln •atadlNN pwgvluo14 N1MYmgtL Cts ql I. n I ^IMnd N.H°INN "j—Pa IwN pN'NYnep �W NA nfgM 4lxaq Nlalwnlp•IJa layu•rq a,q wt p•NN•Yf ew lMu llyw pm. -Cl Vp nu /�.�.N`r�: r1i �'It �J ddW AiH3dObd � ON 'AjunoO 0011wed 1 ! YY IYM11 oars Noll -...•....+'" ^—•.... ^��..�}�I <r..�1 I •.r. (7M 1.OINI �� f PNMI•a•MI 04JPIDIIOA 01411*1 MI In 4oit'p•ISIMP tpYdY•d'Niprl •pt nnn.»J 'pq �\�Nn I Rd 1 �..I.,iy�il..11w lMuxp pN Hlln •atadlNN pwgvluo14 N1MYmgtL Cts ql I. n I ^IMnd N.H°INN "j—Pa IwN pN'NYnep �W NA nfgM 4lxaq Nlalwnlp•IJa layu•rq a,q wt p•NN•Yf ew lMu llyw pm. -Cl Vp nu /�.�.N`r�: :NNppM7 �'It �J ddW AiH3dObd \ �' ON 'AjunoO 0011wed tt'tY INI •I IYNI � YI1MY1 1. uMl rt rnnll nN'MMI nTwNl�'•.,,. THIS DOCUMENT Has Been Properly Recorded And Is Returned ForSafekeepina Sue N. Whitford Pamlico County Register of Deeds tYago 1 0! 2) FUM In PNiICO� Ceunt NC �n Jul 20 2003 at pT.�O PM bl: Sly K 4tamm FEMSM OF D®S BOOK 404 PAGE 218 NORTH CAROLINA PAMLICO COUNTY QUITCLAIM DEED THIS QUITCLAIM DEED, made and entered into this 21st day of July, 2003, by and between PRESTON B. SALTER and wife, DELLA W. SALTER, hereinafter called "grantors", and SALTER SUNRISE CORPORATION, a North Carolina corporation, 91 Sunrise Haven, Arapahoe, North Carolina 28510, hereinafter called "grantee"; W I T N E S S E T H: That said grantors, for and in co r of the sum of one dollar to them in hand paid, the ec which is hereby acknowledged, have remised and s and by these presents do remise, release, and fo ver u claim unto the grantee and its heirs and assign 1 rit, title, claim and interest of the said grantors ' a certain tracts or parcels of land lying and being in t nt of Pamlico and State of North Carolina, in Number .ive ) Township, and more particularly described a low TRACT ONE: On the north i of use River and beginning at an existing 1 n ' which is South 410 35' 49" East 214. fe om the southeast corner of the McFarla d ribed in that deed recorded in Deed Bo 3 on page 926, Pamlico County Regi try, - hence from said POINT OF BEGINNING Nort 80 19" East 32.29 feet; thence South 490 5 00' East 93.33 feet to the northern edge of Neus Z ver; thence South 130 57' 44" West with the river's edge 41.98 feet; thence North 47" 09' 55" West 111.01 feet to the POINT OF BEGINNING. TRACT TWO: The underlying fee to "SALTER DRIVE" and "STREET" (also known as Sunrise Haven) as shown on that plat entitled "SURVEY FOR PRESTON B. SALTER SR." by G. Jerome Norman, dated May 30, 1969 and recorded in Map Book 6 on page 72, Pamlico County Registry. NO TITLE EXAMINATION REQUESTED OR RENDERED. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges thereunto belonging, to Salter Sunrise Corporation, the said grantee, and its heirs and assigns, free and discharged from all right, title, claim or interest of the said grantors or anyone claiming by, through or under them. RETURNED TO Prepared by I IOL,LOWEI,I, & HO1.1,0\C'EI.L, UT Attomcys at Law DATE RETURNEDBayb.m, North C*rolinn 28515 A- 8_a 3 Book 404, Paae 248, File Number (Page 2 of 2) BOOK 104 PAGE 2" IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seal the typewritten word "SEAL" appearing beside each name, the day and year first above written. (!z� ;-- F� Sa% (SEAL) PRESTON B. SALTER (, L11� ,J, d- z.-,,-- (SEAL) DELLA W. SALTER NORTH CAROLINA COUNTY OF PAMLICO I, 3} V V Cv1 V, - F o4c ✓ and for said county and state, do her SALTER and wife, DELLA W. SALTER,_T: me this day and acknowledged the a e instrument. Witness my hand an ota_'al day o yy,_ ( O3. NC P3 i_ o3LOp-7 va -tary Public in i y that PRESTON B. ally appeared before ion of the foregoing V seal/stamp, this the moi' Notary Public The foregoing certificate of .S�cLtox �i a Notary Public in and for said county and state, is certified to be correct. Register of{.��1 _Dee dW By: Ase ./D uty Register of Deeds P-pu d by HOLLOWELL & HOLLOWELL, LLP Attomcys at Law Bayboro, North Carol na 28515 - Book 404, Pacte 248, File Number Division of Coastal Management NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary FAX COVER DATE: TO: 0h� OFFICE: FAX #: TELEPHONE #: 6? TOTAL PAGES INCLUDING COVER SHEET: FROM: B�J c Morehead City Office 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808 FAX: 252-247-3330 www.nccoastalmanagement.net r' TAFax Cover DCM Connell, Brad From: Connell, Brad Sent: Friday, June 17, 2011 2:36 PM To: 'Dale.A.McFarland@uscg.mil' Cc: windsurferwill@earthlink.net; 3dshells@embargmail.com; mcinnccomm@embargmail.com Subject: FYI Importance: High Mr. McFarland, Per my supervisor's instruction, I called and left a voicemail message this afternoon with Mr. Potter's counsel, Mr. John King of Stubbs & Perdue, P.A. In that message, I requested that Mr. King provide the DCM with proof of this ownership claim to us by June 24, 2011, or the DCM will proceed with a permit decision. If his client disagrees with that decision, he can then file a third party appeal to the Coastal Resources Commission if he so desires. If you have any questions in the interim, please do not hesitate to contact me. Brad E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I No. Name/Number 312 96339600 -f- StartTime Time Mode Page Result 06-17 02: 54PM 00'25 ECM Fax Send Report Date/Time JUN -17-2011 02:55PM FRI Fax Number Fax Name DCM MHDCTY Model Name SCX-5x30 Series No. Name/Number 312 96339600 -f- StartTime Time Mode Page Result 06-17 02: 54PM 00'25 ECM 002002 O.K ivision of Coastal Management e7� NCDENR N rth Carolina Department of Environment and Natural Resources Beverly Eaves Perdu , Governor James H. Gregson, Director Dee Freeman, Secretary FAX COVER DATE: TO: OFFICE: FAX #: (033— 9600 633—�21%DD TELEPHONEM NCLUDING COVER SHEET: �_ r TOTAL PAGES FROM: Morehead City Office 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808 FAX: 252-247-3330 ww w. nacoastalmanaoement net RE: S S r G t� ease rov`ie P M wi P 's rw,,.r MM n&attip t //. 002002 O.K ams STATE OF NORTH CAROLINA DEPARTMENT OF JUSME ROY COOPER P.O. BOX 629 REPLY To: MARY L. LucASSE ATTORNEY CENERAL RALEIGH, NC 27602 ENWRONMENTALDIVISIO 71-:L: (919) 716-6962 FAX: (919) 716.6767 n lu<assc Q11cd0j.guv Denard T. and Helen D. Potter 6455 NC 55 Highway, East New Bern, North Carolina 28560 John W. King, Jr. Stubbs & Perdue, P.A. P.O. Box 1654 New Bern, NC 28563-1654 August 1, 2011 Certified Mail Return Receipt Requested Certified Mail, Return Receipt Requested Re: Final Decision DENYING Third Party Hearing Request for Permit No. 58126-C Dear Mr. and Mrs. Potter and Mr. King: The Chairman of the Coastal Resources Commission has denied your request for a third party hearing. Attached is a copy of the Final Decision. You may appeal the Chairman's decision by filing a petition for judicial review in the Superior Court of Pamlico County within thirty days after receiving the Final Decision. If you decide to petition for judicial review, a copy of the judicial review petition must be served on the Coastal Resources Commission's agent for service of process at the following address: Mary Penny Thompson, General Counsel Dept. Of Environment and Natural Resources 1601 Mail Service Center Raleigh, N. C. 27699-1601 I also request that you send a copy to my attention by mail to Mary L. Lucasse P.O. Box 629 Raleigh, North Carolina 27602 or by email to mlucasse@ncdoj.gov. Thank you for your courtesy in this regard. Please let me know if you have any questions regarding this information. Very y yours, uca e Sp c 1 eputy Attorney General .- Laurie B. Biggs Amy M. Currin Rodney A. Currin Ashley Baxter Curry John W. King, Jr. William H. Kroll Kindelle Morton McCullen Trawick H. Stubbs, Jr. Gary R. Perdue (1947-1997) June 6, 2011 Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 16iL%1;i4' ArrORNEVS AT LAW Stubbs & Perdue, -PA. 310 Craven Street P. O. Box 1654 New Bem, North Carolina 28563-1654 Telephone: (252) 633-2700 Fascimile: (252) 633-9600 RE: Application by Salter Sunrise Corp., Pamlico County Gentlemen: Raleigh Office 9208 Falls of Neuse Road • Suite 111 Raleigh, North Carolina 27615-2438 Telephone: (919) 870-6258 Fascimile: (919) 870-6259 v PIECENE 8 JUN 7 2011 DcAf- mft crrx Via Certified Mail Return Receipt Requested Please be advised that I represent Mr. Denard T. Potter in connection with a property line dispute he is currently involved in with Salter Sunrise Corp. My client received an Adjacent Riparian Property Owner Notification form with the enclosed sketch. If you will look at the sketch, it shows a Block Retaining Wall and a rail fence, which I have highlighted in orange for your review. My client claims ownership of the property lying within this area as shaded. Therefore, the shown 15 foot riparian buffer is actually located adjacent to my client's property. Until this matter is resolved, any permit should be withheld or should take into consideration the property line as claimed by my client. Therefore, my client does NOT consent to the proposed ,r J 7/11 VV cia -4- r'ID Je V e; cake w/Mr . k^3 PROPERTY UIS PFS. BUOY. 407 PAGE Z48 AND -� r. BOOK 549 PAGE 563 AS PLATTED AT RMt 6 PAGE 72 PAMLICO COMM REMSTRY - RAIL FEWE �R rDLOCK \ RLTAINItZ VANL SNORELV-- MEASMZS 6G AS SCALED FROM 'LWE SURVEY AND STUMP LOCATION FOR IW_E 2 MICHELLE MCFARLANL BATED N tXIVEHBER 2010 -C hN NMI, -NEV PILN YYPtCAL O.\�i { � i�l �� O CtYYCREIE 6 VCOB rEEIi .I!I{�{j'jllfi�llltltj?I i. BELGV WASE ELEVATICM BY IV -W MM SO FT) 'f•Ijl l I'II II lill'i � { IIIi1jIi� 7 �� -NEV CM4L-;'ETE A WWW DEC'/. Z4BELOV BASE ELEVATIDN S• BY !,,-B' (53 3 SQ F T. V CtDCRETE L YGGB DECK AT BASE ELEVATRBN (MATryN EXISTD4 PIER) 4' 3� 10'-4' :93 SQ FT) PROPOSED PIER ADDITION SALTER SUNRISE CORPORATION ARAPAH❑E, NC WT TG SCALE V EQUALS APPROmATELY 20• T f i CERTIFIED MAIL • RETURN RECEIPT REQUESTED UN DIVISION OF COASTAL MANAGEMENT ���1 ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FO Name of Individual applying for Permit: Address of Property: (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management 400 Commerce Avenue, Morehead City, NC, 28557 or call (252) 808-2808 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, boatlift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Applicant Information) Mailing Address CitylStateOp Telephone Number Date (Riparian Property Owner Information) Signature Print or Type Name Telephone Number Date r �1 ATTORNEYS AT 'A. Stubbs & Perdue, P.A. P.O. Box 1654 New BERN, NC 28563.1654 I 1 11ll 1111117010 0290 0000 0155 2680 11 Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 o Posp0% F •� gTNEY AOWES 02 1M $ 05.591? 0004231652 JUN06 2011 MAILED FROM ZIPGODE 28560 r„ �":.w.... •... ':: %.�:.'%.. .«... .. !i!�!f1 i!i!f 11 if J1 l!iii f lil if l f; ll!iHI! ill i!lilfil! 1i!f 01 !f ATTORNEYS AT LAW Stubbs & Perdue, P.A. P.O. Box 1654 New BERN, NC 28563-1654 Ij. I 1 1111 q 7010 02A0 0000 0155 2680 Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 'es pos;� 02 1 NA $ 05 - C 40 0004231652 J U 1',j -15 2011 MAILED FROM ZIP CODE 2&560 J. j. j 1. :�!lj j6N.25.2011 5 ` Laurie B. Biggs M. Currin %aunty A, Currin A,h1cy BaxtcT Curry iahn W, King, Jr, v l liam H. Kroll ?Glydeile Morton McCullcrL 'i rawidt H. Stubbe, Jr, G-uy R. Perdue (1947 � 1997) 35PM STUBBS & PERDUE PA ArraMKrs AT3kW Szubbi & Periue, PA 310 Craven Street P,O, Box 1654 Now Bem, Nortli Carolina 2.856311654 'T'clephone (252) 6332700 1?auimile (252) 633.9600 NO. 1S7�rlcigh Lirrice 9208 Falls Of Neune Road Suite 111 Raleigh, North Carolina 27615 Telephone (919) 870.6258 Facsimile (919) 870+6259 TELEFAX TRANSMITTAL The information contained in this Telefax Transmittal message is ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATM intended only for the use of the individual or entity named as recipient. If the reader is not the intended recipient, be hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the address indicated in this letterhead, via the United States Postal Service. THANK YOU. DATE: This transmission consists of this cover sheet and _, pagos. .tune 24 2011 TO: FROM, John W. King, Jr. ATTN: SUBJECT: Mr. Brad Connell salterun FACSIMILE NO.: 252-247-3330 TELEPHONE NO: COMMENTS: Mr Connell, Please see the attached letter and attachments to support the objection by Mr. Potter. Thank you. John King DOCUMENT: :ion JJN.25.2011 5:36PM STUBBS & PERDUE PA N0.137 P.2 Laurie B. Biw Amy M. Currin Rodney A. Currin Ashley Baxter Curry John W. King, Ja William 11 Kroll Kmaelle Morton Mt' 4on Muwick K Stubbs, Jr. 3ary R. Perdue (1947.1997) VIA FACSIMILE 252-247-3330 June 24, 2011 Mr. Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 ATTORNCYN AT uw Stubbs & Perdue, P.A. 310 Craven Street P. Q Box 1654 New Bem, North Carolina 28563.1654 Mephone: (252) 635-2700 Fsarimilei (252) 633.9600 RE, Application by Salter Sunrise Corp., Pamlico County Dear Mr. Connell; Raleigh Office 9208 Falls of Neuse Goad - Suito 111 Raleigh, North C9rolina 27615243$ lblopltone: (919) 870.6258 Foarimile: (919) 870.62.59 In response to your for additional information, I submit to you the following; 1, The Deed under which Salter Sunrise Corp. is claiming does not show dimensions or metes and bounds calla and is a quitclaim deed recorded November 2010, As you may know, a Quitclaim deed is not a deed which warrants title, but is only a release of any claim to the property described, This deed is attached as Exhibit A. 2. Although there is a sketch attached to the Quitclaim deed, it does not show with particularity the property, lines of the parties, 3, Mr. McFarland has an easement described in his deed and the easement shows the line in question as S 49° 58' 00" East. (see attached deed and survey as Exhibit B), 4. The property claimed by Mr. Potter is evidenced by a fence, which is shown on a surrey in 1977 a copy of which is attached and recorded in Book 193 page 12, Pamlico County, A copy is attached as Exhibit C, 5. I am also attaching a survey that was done in 2009, which at the time showed the area of possession and the fence, My client claims ownership of the area north of the fence line. As you can see, this survey showed the property to the south of the fence as "Unknown". Exhibit D, In addition, the call of S 49° 58' 00" East is very close io the call of the fence line shown on Exhibit D, not the line they contend, which is about 8° difference. JUN.25.2011 5:36PM STUBBS & PERDUE PA hIC!.1: P.: As you can see, there is not a deed in to either your applicant or Mr, potter which adequately describes the property within the fence line. However, my client has all of the evidence of possession of this area. Should you decide to issue the permit, notwithstanding the fact that a deed to the disputed area does not exist, I would ask that you �— �(C,gyp\ YYo I John W. J ,Jr/ji Enclosures -" ".JUH.25.2011 5:36PN STUBBS & PERDUE PA N0.1371 P.4 A (111111€1€IIIIBIII€IUflllllllill lifllllu 1111!11€lf Doo Ip; 002039180006 Tyvpe 0RP Ilecortled; a/t6/Polo st te,5®;o7 ph Fee Amt; $34.00 Page t of 6 Revenue Taxi $0,00 PMM%Co , NO Sue H, VHltfor� Req�ater of peeds BK549 -563-563 QUITCLAIM DEED R.cvenue Stamps: $0,00 © if checked, the property iuciudu the primary residence of at feast one of the patties depicted as party of the fast part (N,C. Ger(, Stat, § 105.317.2) STATE OF NORTH CAROLINA COUNTY OF PAMLICO TI418 QUITCLAIM .DEED, made and entered into this flee 1 Ci -�i�ay of 2010, by and between PRESTON 13, SALTER and wife, DELLA W, SALTER; and PRESTON. 3- SALTER and DELLA W. SALTER, as Trustees of the SALTER LIVING TRUST dated August 3, 2003, party of the first part (whether one w more) (the address of the party of the first part Jr. as fellows: 40L7 7luteirct Road AMRand SALTER SUNRISE CORPORATION,'pasiy of the second part (whether one or more) (the address of the party of the second part is aS follows: Ql_Suarise H®vara, At'auailae =NC 285101, WITNESSETH; That the party of the first part in consideration of the sura of Ten Dollars (S 10.00) and othor good and valuWo considerations to said party paid by the party of the second part, the receipt ofwllich hereby is acknowledged, has remised and released, and by these present; does mmise, release, and forever quitclaim nttto said parry of the second part, said party's successors and assigns, all right, title, claim sad interest of the party of the first pact in and to that attain tract or parcel of land more particularly described as follows; Prepared by Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0867 Please roturn to Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Berm, NC 28563-0867 Attention, Clifford P. Parson No opinion on title is rendered by Ward and Smith, P,A,, without a separate writtan opinion on title from Ward and Smith, P,A. ,Ar- rgE3'I.1RN91 l)-r7—'/r7 -!<.: -•49 Page: 563 Page I of 6 BOOR 549- PA&P 563- PLIA Kumbe,.r ozUH 25. 2011 5:36PM STUBBS & PERDUE PA M0.137 P.5 'Erect One: All common areas serving the owners of lots within the subdivision depicted on Map Book b, Pago 72 in the office of the Register of heeds of Pamlico County, including but not limited to Tract Ouo and Tract Two described in that deed to the party of the second part recorded in Book 404, Page 248 in the office of the Register of Deeds of Pamlico County. Tract Twos All property not previously platted and dcpictcd as lots on Map Boob 6, Page 77 and not previously conveyed by motes and bounds, specifically, including the area immodiately to the northwest of Lots I, 2, and 3 depicted on Flat Cabinet A, Slide 39-4 that appears to be err extension of Saltcr Drive and the area imutediatcly to the southwest of said Lot 3 as that area is depicted on Map Hook 6, Page 72, said area ptoviding access to the Neuse River; but specifically u ing any non -common areas retained by the party of the first part, including the properties identified by the Pamlico County Tax Office as Parcel Number H093-94 and H093-66. The cm=on areas intended to be conveyed by the decd recorded in Doak 404, Page 248 and intended to bo conveyed hereby are dopicted on that nup attached hereto As Exhibit A and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances tburounto belonging to Said patty of the second part, said party's Successors and assigns Free and discharged from all right, title, eiairn or interest of the party of the fist part, 2 !hook; 549 Page; 563 Page 2 of 6 ALook S49. pZ[fr MI. Tt2 t Nti hRr. JUN.25.2011 5:36PM STUBBS & PERDUE PR fPa�e 3 0� 5) [N TESTIMONY WHF.FtFsOP, the party of the first part has caused this instrument to be executod under sea] in such form as to be binding, this tho day and year first above written„ (SEAL) Preston R. Saltcr a - —ag2e.� Ly' �� (SEAL) Della W. Salter elLAJ- (SEAL} Preston S. Salter, Trustee of the Saltcr Living Trust Dated August 8, 2003 (SEAL) Della W, Satter, Tnistei of the Saltcr Living Tmst ]dated August 8, 2043 3 Book: 549 Page: 563 Page 3 ore N0. 137 P.6 Rook 50 , RVM 563 , ril a mlmhPr JUN.25.2011 5:37PM STUBBS b: PERD-1E PA NO.137 P.7 fPa��. 'A es of $TATE OF NORTH CAROLINA COUNTY by F,1k MSG b I earpfy that the following pmag pers,oaally eppe_ Wom mo this day, ac►mrnroiedging to me that they signed the foregoing document for -the purposa(s) statod therein, in the capacity iT4Cstcd th=in: PUSLMN-B.-SALTER Data: Iti 7— 1 3z p G' '('x0TAjq." ` .......:�� Notary seal or.ctamn moct am Signature of Notary Pabhc VLCV.I Z), CAfI ISI Notary's printed or typed name My Commission expires: `1 - Z • 2z 1 l year Within this box. a] Book: 549 Page: 563 Page 4 of 6 Song 549 . ➢,'acre 56A , File-. NU"&.r TUN.25.2011 5:37PM STUBBS & PERDUE PH N0.137 P.8 IPa�Fe '5 at C7 STATE OF N0JqH CAROLINA COUiN'TY OF ` t7 I certify that the following persona personally appearad ire me this day, aclmowled�ing to me that they signed the forgoing dOcum=t for the PuTo*s) suited therein, in the capacity indicated themiu: PRPSbTq T�?A �"A DihLLA �?-sg�6TwT%t� as Tn�et�s� of thQ ir�� Signature of Notary Pubiic Notary's printed or typed name my co—ismon expim; L+- 2. - 'ZZ; I I 6b dW ew widiin this box, ND: 48272237-3845, v. 1 5 Book; 549 Page; 583 Page 5 of G Pbok 549. aaae 563 Bile NT,MhPr m LL Q a_ W Q rK W n OSS Jn L_ m RE m CV ui ry Dm 4 1p r+� � ngw�lr+h+!•�.r.eslw�ngwwwii �rM• ■ q^.�aN,w�rww•ewlrwn�wratw.l.r+ou'�aw+1Yv Fww '�/`,L�1RV�j wVr+ah��wlr�noe►�,., �rww•ww.,s+nwllt clVW kIH3d0Hd OI ` UM33 o�afuued all All C'� •l wbw.l - NVAI w1 e `� l gAw1 %• _ rymI~� No 1 Iqi OR r I j u1lAw �y W R., -.� 0 Im U3 CL Cl) m LO U; U) rD0- LOL O 0 m r Iz 9A a tj Q LO IO 8 0 R .25.2011t_I5 37PM�TUBBS & PERDUE PA�� 0. 1 I �j PRI PnN � N nt �— ik>Ilrnw„ ew,4,el,�ii Al ICANIISN I,AW M1100, m 19515 0(ink Page 0346 0926 11L1, pA11LICD 1JHTY 06/l6/19�� 3tis1 eN NORTI{ CAROLINA :AYCB 9 WLk'dA11 gng+sler of 04�4s PAMLICO COUNTY THIS DEED, made Arul enteiaa , nLo this 10th day cf August, 1999, by And betweYoll ROBERT NOEL RILL and wife, 7ANE T. HI1,L; DAVID A. WILLIAMS and u+S.fe, .7ACKIU A. WI LZ;IAME; and RODNEY C. TRULL, unmarzied, herain,ifter c.',?dYaC "granLors", a1ro3 DALE A. mcVApLAND and wige, MICHELLE E. McF"LAND, 105 Lust Sherwood Drive, Havelock, North Carolina 29532, hereinafter called "gz,enteaa"; � 135d�$gE3a�� That grantors, for and in oon0ider&tion Of the Sum of Lon dollars and other good and valuable considerations to then) in hated paid, the roceipt of which is hareby ueknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the abid pale A. HuFarland and wife, Michelle 3, McFarland and their heirs and aeaigns, a cer-taln lot or parcel Of land in Number Five (5) Tawnohip, Pamlico County, North Carolina, particularly desuribad as follows: On the south side of saarice Haven Straet, north of Neoae River and be inning at an oxiati-ng iron stake At the intOFsection a the western edge+ of salt®r Drive with the southern edge of Sunrise Haven Street, said stake 2100 beingthe following three courses and 41ntancas flrom he i.ntet:soction Of the ceilLdrli;les of Saltdr Drive and 6.R. 1302; South 285' 41' 00" Weat 3Q9,90 fest, Sautls 31° 314' 00" Edet ;.15.75 itiat, South 359 17' DO" Wecet 13.44 feet; thongs from said POINT OF BEGINNING South 311 34' 00" East with the western ,edge of Salter D1ri.ve 108.71 'feet; thence South 356 10' 55" West 136,31 feet; thence North 540 43' 00" West 100 feet to the southern edge of sunrlso 11aven Street; then0e Nortil .350 37' 00" Eaet with said otreet edge 17B.94 feat to the YOZNT OF SIDGINNINC as shown on a survey and map prepared by Dennin Fornes & Aasoaistes, 11LI9,dated Auguat 9, 1999, entitled "IIZ'SURVEy FOR DALE A. M.FARLAND 8 WIFE,M7C82LLE H. McFARLAND"r ooFY of which is attached hereto and' is incarporatod herein by reference. AS NN APPURTENANCE to the ahove-described parcel there are conveyed herewith the following perpetual, rlon- exclusive casements: EASRMBNT ONI.: An easement Lor ifigraes, egress and regreae from Salter Drive to the abOVO-deserib4d lot over Salter Drive as shown on the above -referenced ;nap. EASEMENT TWO: An easement for ingress, egress and regress daoignatado�ass'n'COMMODIlteT rACGESS AREA" $gdive to Noullcdescribed r over earea as follows: BEGINNING at an ax,iotting iron awake which is south 41° i 35' 49` Rapt 214.08 feet £X0111 tier sontheaat Corner of the above-doncribed lot', thence from said POINT OF BEGINNING North 380 261 19" Cast 32,29 feQtI thence South 49" 58' 00" I;aat 93.33 feet to the northern edge 10 25.20111■ 5:37PMOMMSTUBBS & PERDUE ppb1 bPPag�e of Neuse River; l.f0346 1 ° 57' 44" >Gaet with the river's edge 61.90 kcal:; 111011aY: North 47' 09' 55" West 111,01 feet to flus POINT OF BFGTNNTNCi. EXCEPTING all +I0,11t1Y faasoY:lo"Y u of rocord. Thin oonveyance is made oubject to the reptrict,lOn that said land will be iniad for tesidentl.al purposes only, TO HAVE ANT) TO HQY n the 64$:areaaid lot or parcel of land, together with all priv,ilegeo end appurtenances thereunto belonging, to the said Dale A. McFarland and wife, Michelle E. McFarland and thnlr hairs and aveigns, if, fee el.mplo forever. And gxantars, for themaelve®, their executura and admini,atraLQrm, eovanrant with grantoaa wind their heirs and osaigns, that they are sailed of said prelmises in fee; that they have a perfect right to convey the same i.n fee simple; that the mat" are free and clear of all encumbrances whatsoever; and that they will warrant and defend the title to the same against the 9.awful claims of all persons whomsoever. IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their Beale the typewritten wozd "SEAL" appearing beside each name, the day and year first above written, Robert Noel Frill 6 1 I 9 7 (SEAL) ane T, Hill ° `.�— --(SEAL) Da9id . FVilliame aekie R„ Wiliiams Rodney 0.. Trull PRI WfYI I>nY I 10�I'lUll h IAI I*(II hl IIIIINI t• At I A.Y Ift5 2011M 5:37PM�TUBBS & PERDUE PAM 0.1 IN s t� LIG@Np; S \/' FEF.. ......... ......... IRON, ff'E rf?WD IP:,.•.,•,,,.,,......... IRON PIPE so po. .•.. ,,,� P�f:o oaOK mK m ra \ P6 ........,..PACE 4 r 02. ,...., _..MAP aOOK 45 41 IPF `n1 19 /� 9 •A 1i 1 IPF I N T °0 6 f flit vi 41 U / 1•U.' e<I`�+IiI .I It111C17 REFERENCES; X44 rl II Y 7 'I f•� Nary 016,4145. Mr IU r7 nrrnW Qljfj!'A1 Gf° i1. 7�r �r� 1 E RE"%uRVEY FOR DEIVAIIS F01Y1VjE. a Assoclol�as p�ALE A.MQFARLAND 8 �I:-n it, PIIIIU CI fll^-1'I' FIII } ll�l�l'f rafimfPIln-pl4 hlf ti •l:nrfli% a PART' OF Lar a 8 RESERVED AREA RI'ylr@r U1fit , mwv 8s sP�STON TOWNSHIP No, s, PAAdLICB COiArY NOM C14RGuk 1 0=346 AN' 0930 Irr � F1,001) NOYF' AI'f-0RRING TO F[RM PANEL NO, 37918t w LA OS4,5 h, r(FTC1WC ssPY 9 t9o. rNfS PAOPERT-Yls 1,0CATF.D W11711N AN A51 F4000 PONE. rHE 101) YEAR o p BASE F'460p ELEW iON fl, 8.00' ARoVB AASoN sSA s t� LIG@Np; S \/' FEF.. ......... ......... IRON, ff'E rf?WD IP:,.•.,•,,,.,,......... IRON PIPE so po. .•.. ,,,� P�f:o oaOK mK m ra \ P6 ........,..PACE 4 r 02. ,...., _..MAP aOOK 45 41 IPF `n1 19 /� 9 •A 1i 1 IPF I N T °0 6 f flit vi 41 U / NEINQ PARE OF [•OT AI pIJA T}IE ADIACL?tT RESERYi:C AREA As SNOW ON A MAP OF PABbTON A. 5WFR SWI WISION Ar COUNTY REGISTRY• REFERENCES; IyAP 900K . PAGC 90• PAM= oA, Z4s Pa. 059 MAP BOOK S P'AGv 80 -- PRGP4REG AR RE"%uRVEY FOR DEIVAIIS F01Y1VjE. a Assoclol�as p�ALE A.MQFARLAND 8 R,wQ/sT4-RED 4f1ND svRV4-rpR WilrE, MJCHIELLE E. AfoFARLAND URtENrAL, Ace, 4`asr� PART' OF Lar a 8 RESERVED AREA 8C SALTER SLINDIVISIIOON�� mwv 8s sP�STON TOWNSHIP No, s, PAAdLICB COiArY NOM C14RGuk JUN.25.2011 5:38PM STUBBS & PERDUE PR NO.137 P.13 NORTH CAROLINA PAMLICO COUNTY FILEV kt PAPLICO Goutty, NC on Jul 211 2003 of (X:X,2U Prt lsy; SLr- N. WKTFM REGISTER OF M= M 404 PAGE 248 QUITCLAIM MEED THIS QUITCLAIM DEED, made and entered into this 21st day CE July, 2003, by and between PRESTON S. SALT'r;R and w3,fe, nELLA W. SALTER, hereinafter called ''grantors,', and SALTER SUNRISE CORPORATION, a North Carolina corporation, 91 Sunrise Haven, Arapahoe, North Carolina 28510, hereinafter called "grantee", W I T N F S 9 E T xi That said grantors, for and in consideration of the sum of one dollar to them in hand paid, the receipt of which is hereby acknowledged, have remised and released and by these )presents do remise, release, and forever quitclaim unto the grantee and its heirs and assigns, all right, title, claim and interest of the said grantors in and to certain tracts3 or parcelo of: land lying and beilig i_n the County of Pamlico and state of North Carolina, in Number Five (5) Townehip, 81n6 more particularly described as follows& j'$ACT _ONE : On the north bide of Neuse River and beginning at an existing iron stake which is South 41° 35' 49" East 214,86 feet from the southeast corner of the McFarland as described in that deed recorded in Teed Book 346 nn page 926, Pamlico County Registry, and thence from said POINT OF BEGTNNING North 38° 261 19" East 32.29 feet; thence South 490 59' 0011 East 93.33 teen to the northern edge of Neuse River; thence South 130 57' 44" West with the river's edge 41.98 feet; thence North 47" 09' SS" West 111,01 feet to the POINT OF BEGINNING, TRACT TWO: The underlying fee to "SALTER DRIVE" and "STREET" (also known as Sunriee Haven) as shown on that plat entitied "SURVEY FOR PRESTON E, SALTIM SR." by a, Jerome Norman, dated May 30, 1969 and recorded in Map Book 6 on page 72, Pamlico County Registry. NO TITLE EXAMINATION REQUESTED OR REVDRRED: TO HAVE AND TO HOLD the aforesaid tracts or paroels of land and all, privileges thereuntn belonging, to Salter Sunrise Corporation, the said grantee, and its heirs and assigns, tree and discharged from all right, title, claim ox 9ntere5t of the said grantors oL anyone claiming by, trhrnugh or under t:hem- RETURNED TO BATE RETURNEl3 q6' � T� I 'S a Q Ld w a 06 uo PQ m 0) N E a 00m � �aTEs v � F h43 v° • Fo,P SEE /n/ z3oo,- //3 07-4t r4�✓a 8o cam /� S ICo ce-- 28Z J"4'"L is o Coui✓rr/ REGisr�/J fJLSa -�� GaTs 2 � 3 Di✓i4i✓ [J.✓.PtC.cyQ.o- E.o C�EYFLa�M�i✓T" By R c.h'aLioi✓. /� s. • E. /. I�E✓✓b;r c s E5!is 7."Vc /Qoi./ Pi ate. _5 P �n/o7Cs <S --r /•r7oi✓ a Lo7- By Q- �. SC/.4+�Ee�% Fort WILLI/fM C. Lars P3 fT`GraT $oau�.y/-cv / Su . ?—.twip ckxwrr Orr JrArc /✓O. /VC. n-.ur G. JEhYJAtE NOR,flAN OArf a- �D ■ WYA- cn "— aw"Erot GST /9 / 977 SxAw'rrL /r R"rf ] tLW I?f X0. J/v�+.ojyr�4r✓ atr aur. r c. z"No `pT ,JUN . 25.281129 5 : 38PM STUBBS & PERDUE PR/. ,`,�y -N0. 137 P . 15, 3 led o IP � i Mead, �/I� ai C'a � �7 � � ��• FY ,�� as � `'' �' ��� "Ilk t1 a to. 4 PIAT CAB- A, SLIDE 39.4 r PROPERTY LINES PER BOOK 404 PAGE 248 AND BOOK 549 PAGE 563 AS PLATTED AT BOOK 6 PAGE 72 PAMLICO COUNTY REGISTRY - RAIL FENCE-/ BLOCK RETAINING WALL SHORELINE MEASURES 62' AS SCALED FROM 'LINE SURVEY AND STUMP LOCATION FOR DALE & MICHELLE MCFARLAND' DATED 26 NOVEMBER 2010 –< DENARD T. POTTER HELEN D. POTTER --NEW PILING �Rr (TYYPICAL OF 7) '94yd L JEW CONCRETE & WOOD DECk 24'BELOW BASE ELEVATION 5' BY 10'-8' (53.3 SQ FT) ARNOLD FULP SHIRLEY FULP 1 I 1 I► j f j I I I I I I l I 1'1 1 I 1 l I► I rs, \\ I! I I '1' Grp I I I I I'f'I'I I'I q I Illilllilllill 4 �1ili!ilill llil o? 1llill. , o�P~ ! I'I I'► I'► i'► ljllljljljljlllj►jljljl Q� I.IIIiIIIIIIIII,I o}�� I Illlill �e —NEW CONCRETE & WOOD DECK 24' BELOW BASE ELEVATION 5' BY 10'-B' (53,3 SQ FT) W CONCRETE & WOOD DECK AT BASE ELEVATION (MATCH EXISTING PIER) 9' BY 10'-4' (93 SQ FT) PROPOSED PIER ADDITION SALTER SUNRISE CORPORATION ARAPAHOE, NC FEATURE LOCATIONS SCALED FROM 'LINE SURVEY AND STUMP LOCATION FOR DALE & MICHELLE MCFARLAND' DATED 26 NOVEMBER 2010 1' EQUALS APPROXIMATELY 20' UCENED JUL 0 8 2011 DCM-MHD CITY NIMG AT CENTERLINE ` • ATER INSET FOR STUMP LOCATION NCGS 'PAM 16' INTERSECTION OF Q- IN SOUTHEAST END PAVEMENT METER . /C SCALE 1'=S' OF BRIDGE OVER DAWSON CREEK TO MINNESCTT �! DAWSON CREEK � EIR NEXT T 306 O ,O NAD 83 (2007) COORDINATES, TO 4, D OLD STUMP-- N = 14C.208 553 M / a A3� E - 814,383.344 M �Oa Or f W 6p3 '\ rr 0999887 97 Q i 41 � 4'2� Ex. NAIL AT TEEDESEP ®r A \ rr(r�E' RfopR ggd�or�� a / �S j5 311E o qr( r pr end T g q Tp E NOW OR FORMERLY Y \(/ �BENTSE OFEIP �f4r �pT q qT r93 *0) (n EIP NEXT TO STUMPY \ f s r Q I, Q 0. RUSSELL DEW q O r NEW TACK SET CQ�f^f (r�6`' 39f F �� / DOROTHY B, DEW ,5� P' `, SIDE �T� IN CENTER OF \ �fticf <p'D+�. O DB. 207 PG, 136 / p� sqg,°'oh cED(n$REETDETAIL> UMPe AAs syq�o �r Z oo \ LOT 1 - H�RBC. ARSLB39 BROUGHTON SUB, c. `V ✓ L N, f A tf�fP Qp c9 qC �+ \ P�r< offrlS p4M c�grh QP p�f `e Ar�F\ \ f�f �fsr S`ayprRq�. rf '9r q�qr \ q s�. ppTr O QU �° - \ P u Q' ✓ �_ _ qcr AI f r r� fR. -� T LOCATION MAP NOT TO SCALE S J �A' V, � of OQ �(�,� P� c`? ,y�j, �9 6 fp h r�6prr\ rs,FiP it � oo Lo � NOTES AND LEGEND O� 5 Q \ L s f R �' I o REFERENCE NDTES� b CA, v Q P EIp �� `'° \ 9cr� �ti �� 4 2 RATIO OF PRECISION 110,000+ Q 4 A2 Q- CQ b �� P��'� �- \ rV0 'Prf O �P -IP - EXISTING IRON PIPE OWNER = SALTER SUNRISE CORP. A,�O p Q C/O DALE MCFARLAND NIP - NEW IRON PIPE 91 SUNRISVEN A0 O OV~q. 5 \ �Lj� Q(' Qu EIR - EXISTING �iRON ROOT AR PAHOEEINC 28510 A` Pv -f �G q� Pv�\/ QUO Q� Q ^ate Q�Q14 S NMAG - NEW MAuNETIC NA,L '9 4 PAMLICO COUNTY MAP ID = H093-_ � 0 A�F�O�v �� �'� oP - POWER POLE A~h q� �o WM - WATER METER Q o' TP - TELEPHONE PEDESTAL O� SOA, O� �� �JV \ <r �Q v moo_ Q`" �•° ?T - POINT, NO MONUMENT FOUND OR SET DEED REFERENCES F 2 NOW OR FORMERLY 2 <vA, U� �� ��� F� Q~.<v o LDT R,/., - RIGHT-OF-WAY 0B 549 PG. 563 - QUITCLAIM DEED * 'RCM of SAO JOHN AND JOANNA MILLS 4,Qoo BURIED UTILITIES NOT LOCATED PRESTON AND DELLA SALTER 40 cJ 14 �, 4 ; <� DB, 452 PG. 32 QCT TRUSTEESn)� E.v O t TO SA ER SUNRISE £CORPORATION R LIVING UST DB. 121 PG. 101 cBRaJGHTON TO JACKSON) CuZO : Ucr LINE DATED NOVEMBER 16, 2010. DB 404 PG. 248 - OUITCLAIM DEED FROM PRESTON AND DELLA SALTER SA -TER SUNRISE CORPORATION NOW ❑R FORMERLY DATED JULY 2_20C3 frC,�, •off' \ �oJ2�� V DENARD T. POTTER f q HELEN D• POTTER MAP REFERENCES DB, 317 PG, 403-404 PC A SL 39-4 t �Oq Q -1 OQ� ��11 LOT 2 & 3 - HERBERT BROUGHTON DEVELOPMENT HERBERT BROUGHTON DEVELOPMEN' BY R.C. HOLTON, R.S. � PC. A SL 39-4 DATED SEPT 8, 1952 - J- QV SEE ALSO DB, 193 PG. 11-12 OQ(MB. 4 PG. 90 \ \8� FQF ro fry Or `Ol A r��m. s \ \ ��� -1 l p SURVEY FOR WILLIAM BERGSTROM SURVEY FOR PRESTON B. SALTER, S.R \ o cr 0 0 \ \ �O Q AND WIFE GRACE M, BERGSTROM BROUGHTON TRACT, BY JEROME NORMAN BY JEROME NORMAN, RLS; 10-19-1977 DATED MAY 30, 1964 SEE ALSO PC, A SL. 176-20 MB. 6 PG. 56 \\ BOUNDARY SURVEY FOR SURVEY FOR PRESTON B. SALTER, SA Q BROUGHTON TRACT, BY JEROME NORMAN, '9' ME:STUMPLTD <l �� \ (_ DENARD T, POTTER AND WIFE HELEN D. POTTER _A1MEL LINE' -y ` r ` y. B f \ J DATED MAY 30, 1969 PP SOS rc<gf� oN0T FOUND t BY DENNIS FORNES & ASSOC. DATED JULY 10, 2009MIL g eL 72 Ile d l,1 NMA6, SURVEY FOR PRESTOE N B SA, --R S- CO t2 ptA J o d OFA \ �c+° S I�.OIf LI BROUGHTON TRACT, BY JEROME ti_Rk �-N DATED MAY 30. 1969 by \ 4 3S \ ' P p 84'vM 1p,�S4 NE4 TACK IN ��r\ C�'9 qr� EIR NEXT TO—i• S PC 4 $L 176-20 '9 q \ t T SOT BOUNDARY SURVEY FOR DENDARD T PGTIER CENTER OF r��4 \�EFTE F O�A \ OLD STUMP rP• ' rT J AND vIFE HELEN D POTTER, q, CEDAR STtrw o�rr0 �` BEN' EIP \ �0 5 L-- °T BY DENNIS FORNES L ASSOC'.Q'ES NEW TACK SET IN CEDAR STUMP ' �1�� \ DATED JULY 10. 2009 \Or, (SEE INSET) \ter 0 _:S-4%0ES FROM STUMP TO LINE ARE \ . c (rIE 4�" !4EAS,RED FROM THE TOP EDGE OF STUMP \ PERPENDICULAR THE TO PROPERTY LINE. SCALE 1•=1' NC'w' DR FORMER_' o MAIILTBOX, C(� \ NO LOCATION OR ESTIMATION OF ROOT BALL. NO ESTIMATION OF FORMER CANOPY SPREAD STUMP DETAIL WILLIAM FLANNERY \ DENARD POTTERS DB, 431 PG. 905 GRAVEL DRIVE rPq` Sj, -Qf_ LOT 1, PORT. LOT 8, & PORTION OF RESERVED AREA 0000, gtio r SURVEY FOR PRESTON B, SALTER, S,R, \ qa2 R 1 A� qs AF BROUGHTON TRACT - MB. 6 PG. 72 \ g A��"2�� Q 9533, s<. Rd� �� Q NOW DR FORMERLY LINE LEGEND \ R ¢� o T 6, pi ' DB. 335 PG. 680 \ ° z �~ �` °r �� ' ° W' SALTER SUNRISE CORP, PROPERTY LINE SURVEYED SURVEY FOR KENN MELTON ti0 \ �o •h�a°p ►m r`ao �� S C, ADJACENT PROPERTY LINE n�'� p �� zos��r<r\ \ p°1,VT F d8�' o� �g DB. 549 PG 563 CLAIMED PROPERTY LINEBY MARK LEE, RLS <r CENTERLINE OF ROAD DATED JULY 01, 1998, �fO�?0A,� EDGE OF WATERs OVERHEAD UTILITIES ��v� ��-Qc �<v �P Q ^'L f �,(1 ��,� ,\por Ips ---(]--O - SPLIT RAIL FENCE �O� CJ/� �� ���v v Q(� �,P t' �� rv' 4 ti e �Q 00. CLAIMED BY — — — — — -- — TIE LINE �, , �� �Q P W , i d� C�o� DENARD POTTER f 2�� `Q��SJ ��� a % 4r,�rc �fti '70y Sy9rPf� �� \ LABELED 'AREA OF ❑CCUPATI❑N & POSSESSION' n� O•,' / �ea6� �4+ 4c, ON PC. A SL, 176-20 C. A / °� QAC �1'Pl Q��" \ c 5"'3- BUT NOT DESCRIBED BY DB, 317 PG. 403 �J ti O c) 'Ei >t S O 1 \ °�r R_ Q' B 6' ELECT tt- p0 Q O Q �Q- J �� TQA PANE` \ �t ra POINT ON SEA WALL. COMPUTED ON DEED LINE T !- �� �� O�� / �� ��� RB P9 S6 O� l� / ANO EVIDENCE FOUND o< NAIL SHOWN 1, .JAfY1 E S C • SI � Y�t710Ns, �� CERTIFY THAT THIS MAP WAS DRAWN \ �/h Q A� q� p�"`VC7w rP r C% �� / ON SEA WALL AT PC A SL 176-20. -----------------------Q` � 'Z' A_ APPROXIMATELY 14.8• UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY 'c ��JV 0 �� O� �f OVERLAP H� POTTERS CLAIM A , PER PC A SL 176-20 �f/ Q F SUPERVISION, (DEED DESCRIPTION RECORDED IN BOOK -kE_ PAGE NoTE$, �J��QO � �� PS,�� 14' CEDAR f =EEO PTS THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN \ .fib 4(~�"j r� 9�0 SROM INFORMATION FOUND IN DB SEE__ PG, NOTES OR OTHER REFERENCE �h 4 FF OO a° Q4 NOW DR FORMERLY �4 Y SEE ALSO COMMON ACCESS AREA' AS SHOWN SOURCE SEF S-QYE7 THAT THE RATIO OF PRECISION OR Pcs - - .= �9 " ON RESURVEY FOR DALE A. MCFARLAND & WIFE ACCURACY IS (000 3-1 AND THAT THIS MAP MEETS THE REOUIRL ,_-`- _ �(f �P �qh ARNOLD FULP X95 IOp� MICHELLE E. MCFARLAND DATED 8-08-99. OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING .N NORTH CARJLINA ` SHIRLEY FULP r S F (21 NCAC 56.1600.) THIS _i5__ DAY OF Nov Er Elg 20 in ��� , i '� 0 rr^ to J t \ RECORDED AT DB. 346 PG. 926-930. - ���1 C )?o ,` DB. 360 PG. 204 P SEE ALSO DB. 193 PG. 12 rq ro tP N SEE ALSO SURVEY FOR HAYWOOD D. GILIKIN �r� y' ✓��� _ \E S_k . = _ _VL --- C = SEAL _ _ ` AND WIFE SUSAN B, GILIKIN, BY fpJ W W oc \ __ _ JAMES c. s MONS, R _�- = L-3992 = ��� SOUTHERN BOUNDARIES, DATED 4-11-95 E 4 +- PROFESSIONAL LAND SURVEYOR .y =� �►-IS•I, '� :� �� p DALE & MICHELLE MCFARLAND L-3992 '1i:'y� OQ`2� \��� Z :b rfa tN' '., O Ey, • � PORTION ❑F PROPERTY LABELED 'HOME' 9 (9 SUR •,, Q� �. NO. 5 T WP. - PAMLICC COON- 5'.� rr HERBERT BROUGHT DEVELOPMENT 4 W �C' SIMM�?��• J Q� \ q° jy S -._MP L-OCATED ON A PORTION OF TRACT 2 - LB 4u4 �G.u248-249 � 2� PC A SL. 39-4 � a AS ALSO DESCRIBED IN DB. - 549 PG. 563-568, IN RELATION TO THE A o A PROFESSIONAL LAND SURVEYOR LICENSE � a SOUTHERN LINE OF LCT 3 OF HERBERT BROUGHTON DEVELOPMENT `L �4�" FINAL FIELD VISIT = NOV. 15, 2010 SCALE = 2 t � a � NUMB _�_3z _ CERTIFY, THAT THiS SURVEY IS OF ANOTHER CATEGORY �t i �� FINAL MAPPING = NOV. 26, 2010 9 � ,,q0JAMES C. SIMMONS, JR. PLS • L-3992 THIS SJRVEY IS A OF AN EXISTING PROPERTY LINE AS PER MAPS AND DEEDS, JAMES C SIMMONS AND ASSOCIATES, FIRM • F -D288 PROFESSIONAL LAND SURVEYORS ANL x- -]CATION OF A STUMP IN RELATION TO THAT LINE. 603 WEBB BOULEVARD 1 HAVELOCK, NC 28332 V\ J (252) 447-1509 LOT 4 - HERBERT BROUGHTON SUB SOT w 20 0 20 40 60 s PROFESSIONAL LAND SURV R PC, A SL. 39-4 Ena GRAPHIC SCALE — FEET DW-- # 2'3173 LACY H. THORNBURG n TTORNEt' GENERAL --MEMORANDUM-- State of North Carolina Department Of JuStfce P.O- 13OX 629 RALEIGH 27602-0629 TO: Roger Schecter Charfes Jones/Charles Pigott FROM: Dave Heeter A -e /Q.1 - DATE: September 17, 1991 RE' Ownership Dispute Concerning Lembke Permit Application This is in response to ownership question raised Your the Janet for advice for a CAMA General Permit to construct a bulkheaambke a on the pplication The issuance of a General Permit for a bulkhead is by Rule 15 NCAC 7H Section governed .1102nder , an applicant for a General. Permit subsection (b)(1) of 7H the adjacent property owner has no objection to the bulkhead. proof that the adjacent proper owner does not consent to the bulkhead, applicant must provide lkhead If adjacent owner has been notifiednof undersubsectionsection � the adjacent owner submits a comment on the Project (b)(2) that the Proposed bulkhead. If the P � ct, DCM s staff: will review all comments c„ .- relevance to the potential impacts Ofthe pro based Os their if the proposed project can be a Proy a posed project, If DCM staff finds that the commentsvardebworthynofamorermit. in-depth review, the applicant will be notified that h submit an application for a major development e e must Alton Mosser, permit. the Lefton e , an adjacent property owner, permit application on the ground has objected to Will be located on land owned b Part of the bulkhead objection, Mr. Mosler has submitted two 1Deedsnansu a Su of Deeds a his appear valid on their face, and the Survey Survey. The indicate Mr. Mosser owns part of the shoreline proposed bulkhead. appears to behind the 2 In response to Mr. Mosser's claim, the applicant has submitted three Deeds and a Title Insurance Policy. One of the Deeds purports to convey part of the shoreline along which the bulkhead is proposed and appears valid on its face. The other two Deeds involve the property conveyed to Mr. Mosser, appear valid on their face. Ms. Lembke contendsd that discrepancies in the descriptions in the two Deeds to Mr. Mosser show that he has no claim to the portion of the shoreline in question. In short, their appears to be a genuine dispute over the ownership of part of the shoreline proposed to be bulkheaded. This is a question which can only be resolved by the General Courts of Justice. Neither the DCM nor the Coastal Resources Comissien has t::e authority to resolve it. Subsection .1102(b)(2) provides that if an adjacent property owner objects to an application for a CAMA General Permit and the DCM staff decides the objection is "worthy of more in-depth review", the applicant is to be notified that he must file an application for a CAMA Major Development Permit. The application is then reviewed under the more extensive procedures which apply to applications for CAMA Major Development Permits and which invite comments from various state and federal agencies onthe Potential adverse impacts of the project. However, requiring Janet Lembke to apply for a LAMA Major Development Permit will accomplish nothing since the more extensive review procedures will not resolve the ownership dispute. Therefore, I am recommending that you determine that Mr. Mosser's objection is not worthy of more in-depth review because he has raised an ownership question which the major development review process and an appeal to the CRC cannot resolve. I recommend that you make a final decision on the Lembke application based upon whether it meets the criteria for a General Permit for a bulkhead. If it satisfies the criteria in 7H Section .1100, you should issue a General Permit for the bulkhead. Alton Mosser can then file a Third Party hearing Request with the CRC seeking review of DCM's decision. I will argue that the Chairman should deny the Request since the CRC has no jurisdiction over the ownership question he is raising. If the Chairman agrees, Mr. Mosser can file a Petition for Judicial Review challenging the Chairman's decision. He can also bring an appropriate action in the courts to try to establish his claim of ownership over the disputed portion of the shoreline. A : LPA . DH FW: ,Salter Sunrise Corporation Pier Permit - Outlook Web Access Light Page 1 of 4 Office Outlook Web Acm5 Type here to search This Folder p� Address Book J Options (f Log Off Mail Reply % Reply to A!I l Forward �'y Move �( Delete11 Junk Close 4 i u Calendar FW: Salter Sunrise Corporation Pier Permit Connell, Brad Contacts Sent: Thursday, June 16, 20119:12 AM To: Brownlow, Roy Deleted Items (29) :,A Drafts More correspondence from Sunrise Salter Corp.... Inbox (12) Junk E -Mail [1] Sent items E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed Click to view all folders kf to third parties. 4 Manage Folders... -----Original Message ----- From: Dale.A.McFarland@uscg.mil [mailto:Dale.A.McFarland@uscq.mil] Sent: Thursday, June 16, 2011 9:10 AM To: Connell, Brad Cc: windsurferwill@earthlink.net; 3dshells@embargmail.com; mcinnccomm@embargmail.com Subject: RE: Salter Sunrise Corporation Pier Permit Brad: Digging around DCM's web site last night I could find nothing that say DCM can or will deny a permit based on unsubstantiated claims of third parties. All of the statutory reasons for denial that I could find are related to the public trust. However, I did find out a little bit about third party appeals of your permit decisions.... at http://dcm2.enr.state.nc.us/permits/forms.htm, it states that to get a hearing, a third party petitioner must: - Allege that the permit decision is contrary to a statute or rule. - Show that the petitioner is directly affected by the permit decision. - Demonstrate that the appeal is not frivolous. This implies that a third party is burdened with doing more than making unsubstantiated claims and Salter Sunrise Corporation asks that you apply this standard to the Potter's third party objection to our permit. If you do choose to deny SSC's permit request, please do so in writing and provide a summary of the facts and evidence upon which you are relying as well as an explanation of the statutory and regulatory basis for the denial. SSC's mailing address is: SALTER SUNRISE CORPORATION C/o DALE MCFARLAND (SECRETARY) https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAgOuuLrwGsSKsZGBeKdr... 6/17/2011 FW-, Salter Sunrise Corporation Pier Permit - Outlook Web Access Light Page 2 of 4 91 SUNRISE HAVEN ARAPAHOE NC 28510 Thanks again, Dale A. McFarland Secretary Salter Sunrise Corporation 252-675-8442 -----Original Message ----- From: McFarland, Dale LCDR Sent: Wednesday, June 15, 2011 4:36 PM To: 'brad.connell@ncdenr.gov' Cc: 'windsurferwill@earthlink.net'; 13dshells@embargmail.com'; 'mcinnccomm@embarqmail.com' Subject: FW: Salter Sunrise Corporation Pier Permit Oh ... I almost forgot the "boundary survey" where they "give" themselves SSC's property. Note that this document is only a plat, not a deed reference, and is essentially an admission that they do not hold title to the property, but rather claim to occupy and possess it (whatever that is supposed to mean). Again Salter Sunrise Corporation asks that you base your permit decision on the ownership documentation you are provided. SSC has provided a valid, properly executed and filed deed for the property (and if you need a copy of our survey, please let me know) as well as the deed for the Potter's parcel. Both deeds agree that the property line is the southwestern boundary of "Lot 3 Herbert Broughton Development", the same line SSC used when applying for its pier construction permit. If the Potters are unable or unwilling to provide documentation of title that contradicts these deeds, or even to demonstrate that they are pursuing some action to acquire title based on their claimed occupation and possession, SSC asks that you deny their third party objection to our permit request as frivolous. Thanks again, Dale A. McFarland Secretary Salter Sunrise Corporation 252-675-8442 -----Original Message ----- From: McFarland, Dale LCDR Sent: Wednesday, June 15, 2011 3:38 PM To: 'brad.connell@ncdenr.gov' Subject: FW: Salter Sunrise Corporation Pier Permit That's strange... DMc https:Hmai l.ne.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAgOuuLrwGsSKsZGBeKdr... 6/17/2011 FW: Salter Sunrise Corporation Pier Permit - Outlook Web Access Light Page 3 of 4 -----Original Message ----- From: brad.connell@ncdenr.gov [mailto:brad.connell@ncdenr.gov] Sent: Wednesday, June 15, 2011 2:54 PM To: McFarland, Dale LCDR Cc: windsurferwill@earthlink.net; 3dshells@embarqmail.com; mcinnccomm@embarqmail.com Subject: RE: Salter Sunrise Corporation Pier Permit Mr. McFarland, There were no attachments with the email correspondence you sent to me. Can you please resend them? Brad E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Dale.A.McFarland@uscg.mil [mailto:Dale.A.McFarland@uscq.mil] Sent: Wednesday, June 15, 2011 2:47 PM To: Connell, Brad Cc: windsurferwill@earthlink.net; 3dshells@embargmail.com; mcinnccomm@embargmail.com Subject: RE: Salter Sunrise Corporation Pier Permit Also, please reply to mcinnccomm@embarqmail.com. I am only here through the end of the week. Thanks, DMC -----Original Message ----- From: McFarland, Dale LCDR Sent: Wednesday, June 15, 2011 2:40 PM To: 'brad.connell@ncdenr.gov' Cc: 'windsurferwill@earthlink.net'; '3dshells@embargmail.com'; 'mcinnccomm@embarqmail.com' Subject: Salter Sunrise Corporation Pier Permit Brad: Attached are the deeds and plats for the two properties. Salter Sunrise Corporation has deeded ownership that was conveyed by the previous owners, Preston and Della Salter, not by "filing a quit claim to itself" as you said the Potters claim (although the Potter's 2009 boundary survey clearly is an attempt to "give" themselves some property). The Salter's used a quit claim deed as the instrument rather https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAgOuuLrwGsSKsZGBeKdr... 6/17/2011 FW: Salter Sunrise Corporation Pier Permit - Outlook Web Access Light Page 4 of 4 than a warranty deed so they would not get ensnared in future property disputes, but the use of a quit claim deed does not make the deed any less valid. There are two deeds because the first created some confusion and they wanted to make their intentions clear. SSC's property line is defined by the platted boundaries on the plats at Book 6, Page 72 and Cabinet A, Slide 39-4. I don't have our survey scanned in, but it also shows that SSC holds deeded title to the property. The Potters clearly possess no deed for the property they claim to own by "Occupation and Possession" on their 2009 "Boundary Survey" - their deed is as clear as it can be. All of the plats, including the one that is referenced in their deed, show the same property line. The Potter's own 2009 boundary survey demonstrates that they do not hold title to the property but are instead claiming to "occupy and possess" it. Yet they have not initiated any legal proceedings to gain legal title nor even formally contacted Salter Sunrise Corporation, the owner by title. You can also check the map references on the Pamlico County GIS. SSC's parcel information references the deed and the plat at Book 6, Page 72, while the Potter's parcel information references their deed. As you can see, this is not a case where the property line is unclear, but simply of someone claiming they own something that they do not. Before you deny our permit, I would ask that you go back to the Potters and tell them that SSC has provided documentation of ownership and ask that they do the same. If they have no documentation of ownership and are not pursuing documentation of ownership, why would you give their claims any weight? If you do deny our permit, please send me whatever information you have on the appeals process. Thank you. If you have any questions, please let me know. Dale McFarland 252-675-8442 to https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAgOuuLrwGsSKsZGBeKdr... 6/17/2011