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HomeMy WebLinkAbout42383_CONNAWAY, CHRISTOPHER B_200508150elbs Sys �. CAMA / C DREDGE & FILL GENERAL PERMIT �/ Previous permit# w !New E'Modification DComplete Reissue Partial Reissue Date previous permit issued '/,r� �r;'; 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 15A NCAC ./t', c Z. Or:) �-t Applicant Name (1hj',4bi%f b, t,,0hi-V41J4,0 Project Location: County J Rules attached. Address 6f#d/.t -f A. Street Address/ State Road/ Lot #(s) ++ki`611-11! City o4gyefs04Pk ii State/ C ZIP7�tf Phone # ( ) Fax # () Subdivision Authorized Agent City ZIP �-] Cw n"EW [ 'PTA Dt K ❑ PTS Phone # ( ) River Basin Affected AEC(s): El OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body 4 1VA) nat /ma /unkn (_ ) -'�, PWS: ❑FC: ORW: yes / no PNA yes / no Crit. Hab. yes` / _n� Closest Maj. Wtr. Body t�j( ''��' 1 Type of Project/ Activity ' r'' . = ' : � ,r, r✓' 1 aI, h t r �Pl P, IV. -It I[ N', J ftt , P de ( (Scale: Pier (dock) length L71 )< (e a Platform(s) %✓Alt') f' I6 X 6 F'/ol, Fingerpier(s) 1 tv i /(iX(. Groin length number -�-� Bulkhead/ Riprap length avg distance offshore max distance offshore f Basin, channel - ------ ----- - G R>I f cubic yards O d Boat ramp _ t. Boathouse/0-atli / Z X/ Z 7 y Beach Bulldozing l r Other - Z y e i Shoreline Length /: t? SAM not sure yes n�• �` -- t Sandbags: not sure yes no Moratorium: n/a yes no irr I i Ci J iV Q s Photos: yes Waiver Attached: yes-- • i A building permit may be required by: r i f( ar/ c0 , ❑ See note on back regarding River Basin rules. Notes/ Special Conditions ! ` r ;,! �. ,l�/! i n f1 h i 'l i e / / Agent . pplrcant PriPri fed Name r Signature Please read compliance statement on back of permit" Application Fee(s) Check # ow`l Perrpit`Officer'sSlgnature , f � lssu(ngDatd �. Expiration Date /I/ov dri1/8'/t Local Planningf urisdiction 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 Other: Neuse River Basin Buffer Rules 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 (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / I-888-4RCOAST 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) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico 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 910-395-3900 Fax:910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 PEND3& COUNTY NC 02/21/2006 u Q�� $1080.00 SWEOf 0`111 //#+&ED 1j0pfUNA857ae N2892PG097 `J 06 FEB}}21 PH 4: 08 0 Ufgni"w i-WICEGOOo Recorded and Verified JoyceXSwicegood F ISTEROFDEEDS S2,1S3 DERCOWITY.NC Pcndeerountyd Ponder County, NC � Excise Tax: 080.00 Parcel ID Number: 9 0 -5 -1534- 000 ' This instrum t was epared by Richard L. France, P.O. Box 969, Description for Index: Lot 11 Sidbury Acres NORTH CAROLINA GENERAL WARRANTY DEED // yL THIS DEED, made this l� day of February, 2006, by and between, CALHOUN INVESTMENTS, LLC, a North Carolina Limited Liability Company, a/k/a Calhoun Investments, Inc., (Hereinafter called "Grantor"), and KENNETH W. ARMKE, II and WILLIAM K. ODEN, III, as tenants in common, whose mailing address is: 1903 Market Street Wilmington NC 28403 , (Hereinafter called "Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, pluraA,X� masculine, feminine or neuter as required by context. 91 Reinrned To W I T N E S E T H Daniel D. Mahn That GRANTOR, for valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, grant, sell, and convey unto GRANTEE in tee simple, the below described tract or parcel of land located in Topsail Township, Pender County, North Carolina and ,$in g more particular ¢�sv ibed as follows: 1/6�f`\'Sidbury Acres as shown on a map by W.R. 35en CVd6the ZdSurveyor, on the 16"'day of June 1953, and duly Reg MC9046der County in Map Book 4 at Page 63, �ap is hereby made for a more definite and complete descrip i �j1i The property hereinabove described was acquired by Grantor by instrument recorded in Book 2818 at Page 168 of the Pender County Registry. 3 Armke/Connaway Subject: Armke/Connaway From: "Steve Everhart" <steve.everhart@ncmail.net> Date: Fri, 26 Oct 2007 13:06:24 -0400 To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net> CC: <Heather.Coats @ncmail.net> Hi Ted, Heather should have FAXed you a copy of Chris Connaway's assistant's planner pages along with a letter dated March 8, 2007 stating the date of completion for his pier. I was mistaken; he IS a marine contractor in addition to building the home on the site. According to the documentation, construction began with piling sets on 1/27/06 and completion was on 2/13/07. Tax records indicate that Mr. Armke recorded his deed to adjacent property on 2/21/06 (1 have asked Ms. Preast to verify this). IAW our rules, it appears that Mr. Connaway was not required to get a new waiver from Mr. Armke because actual construction began and, according to the letter, ended prior to the adjacent property having a new owner. Hope this helps. Steve Steven H. Everhart, PhD Wilmington District Manager NC DENR/Div. of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 PH:910-796-7266 F:910-395-3964 steve.everhart(c-)ncmail.net 1 of 1 12/7/2007 9:51 AM RE: FW: Enforcement Request Pender County - Follow Up Subject: RE: FW: Enforcement Request Pender County - Follow Up From: "Ken Armke" <kenarmke@koch-usa.com> Date: Wed, 5 Dec 2007 11:14:03 -0500 To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net> Please don't forget about me. I just relisted my lot with a new agent, and she is eager for an update on the neighboring pier since it does affect her ability to market my property. Thank you. Ken -----Original Message ----- From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net] Sent: Wednesday, November 28, 2007 3:12 PM To: kenarmke@koch-usa.com Cc: Steve Everhart Subject: Re: FW: Enforcement Request Pender County - Follow Up Ken - I'm really sorry for these delays .... I've just been out of the office way too much over the past few weeks. For example: this week Sunday, Monday and Tuesday in Raleigh for court and Wednesday, Thursday, and Friday in Greenville at our CRC meeting. Steve and I will get you a final response by next Tuesday the 4th. Thanks again for your patience. Ted Tyndall Ken Armke wrote: Ted, Would you suggest that I attempt to contact Dr. Everhart here in Wilmington directly? Ken -----Original Message ----- From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net] Sent: Tuesday, November 13, 2007 9:50 AM To: kenarmke@koch-usa.com Cc: Steve Everhart Subject: Re: FW: Enforcement Request Pender County - Follow Up Ken - I was working out of the State all last week and unfortunately working on the CRC's mailout (variances, contested cases, etc.) this week. I will bring your issue back to the front later this week. Dr. Everhart from our Wilmington office has provided me with much information. Please give me a few more days to review this information. I will email you back later this week with our position. Thanks, Ted Tyndall. Ken Armke wrote: Ted, 1 of 5 12/7/2007 9:58 AM RE: FW: Enforcement Request Pender County - Follow Up I know your are busy, but will you please give me a call so I can get some idea as to the status of the situation? 910-762-0065 or 910-471-2708. Ken Armke -----Original Message ----- .From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net] Sent: Monday, October 29, 2007 8:24 AM To: kenarmke@koch-usa.com Subject: Re: FW: Enforcement Request Pender County - Follow Up Ken - Thanks for the reminder and info. Give me a few more days to allow me to communicate better with my Wilmington staff. I will give you a call this week and we can discuss. Thanks, Ted T. Armke wrote: Mr. Tyndall, Just a friendly reminder that we were going to talk either yesterday or today about my complaint against Mr. Connaway. Please know that I'm willing to come up to Morehead City to discuss with you in person next week with documents, photos, and land survey in hand. I also have dated invoices for the bulkhead installation that provide evidence that Mr. Connaway knew that our lot had sold, and point to the fact that no dock was being built when we purchased our lot. If I could please add one point that I was trying to make during our initial phone call: I had brought up to you that Mr. Connaway built his pier for about $3,500.00 as per his building permit. He recently confirmed this low cost to Pender County officials by claiming that he was a marine contractor and had secured leftover materials from another job to build his own personal pier. It occurs to me that Mr. Connaway is in a very special situation. If he can build a pier for only $3,500.00, then it seems to follow that he could bring himself into compliance and move the existing pier 15 feet south for very little cost. For our part, we have been provided round numbers in the $50,000 - $75,000 range by realtors in terms of the 2 of 5 12/7/2007 9:58 AM RE: FW: Enforcement Request Pender County - Follow Up devaluation of our property as a result of the encroachment. No matter what they say, I can tell you that I personally would never build on that lot with the neighbor's pier swinging out directly into my riparian access view. Furthermore, Mr. Connaway recently purchased 100 feet of additional ICWW frontage to his south (now 150 feet total), and it seems unlikely his boating needs require the sacrifice of my 15-foot set back. So, I simply wanted to make the point that enforcement of the rules in this case would not put a financial burden on Mr. Connaway, and we would be happy to quickly agree to and sign whatever is required to allow Mr. Connaway to relocate his existing pier. Thanks for your time, and have a great weekend. Ken Armke 910-762-0065 910-471-2708 -----Original Message ----- From: Ken Armke [mailto:kenarmke@koch-usa.com] Sent: Wednesday, October 17, 2007 4:04 PM To: 'Ted.Tyndall@ncmail.net' Subject: Enforcement Request Pender County Mr. Tyndall, My name is Ken Armke. I live in Wilmington, but purchased a vacant lot fronting the ICWW in Pender County on King's Landing Road in mid -Feb. 2006. Over the past months I have discovered that a pier constructed adjacent to my lot to the south (and with no 15-foot set back off my riparian right-of-way) was built without a CAMA permit. The pier was built in the spring of 2006, and I have all applicable documents in hand including the builder's original CAMA permit that expired in mid -November 2005 and the Pender County building permit issued in Dec. of 2005 AFTER the CAMA permit had expired. Pender County has since acknowledged that their office made a mistake in issuing the building permit. Though the pier was constructed illegally, for me the main issue is the location of the pier up fronting directly up against my riparian right of way. It is a very substantial structure that encroaches on my right-of-way and serves only de -value my investment while in violation 3 of 5 12/7/2007 9:58 AM RE: FW: Enforcement Request Pender County - Follow Up of CAMA rules and statute. So, why did it take me a year and a half to contact your office? It would be difficult to adequately express my frustration with the local Coastal Management Office and Pender County officials at this point. I contacted them first by phone in May 2006 when I first saw the pier being built, and was assured by both parties that "everything was fine." It was only months later as I conducted my own research of the rules and documents that I learned otherwise. Then, I was sent on a wild goose chase to seek redress from Pender County when, in fact, this is clearly a CAMA matter. In an effort to respect Ms. Coats and the local chain of command, I did request in writing on October 11, 2007, that Ms. Coats contact me so that my complaint and related documents can be brought to the attention of CAMA enforcement. She is well versed with the facts of my situation, but to date I have heard no reply. Can you please put me in touch with someone in your office who can help me? Thanks. Ken Armke 910-762-0065 910-471-2708 M. Ted Tyndall, Assistant Director 'C Division of Coastal Management 00 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 !--[if !supportEmptyParas]--> <!--[endif]--> M. Ted Tyndall, Assistant Director NC Division of Coastal Mana ement 00 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 4 of 5 12/7/2007 9:58 AM Connaw4/ Arinke Subject: Connaway/Armke From: "Steve Everhart" <steve.everhart@ncmail.net> Date: Wed, 24 Oct 2007 16:38:41 -0400 To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net> Ted, The attached notification/waiver was attached to the initial permit (#41475). Steve Steven H. Everhart, PhD Wilmington District Manager NC DENR/Div. of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 PH:910-796-7266 F:910-395-3964 steve.everhart(Dncmail. net 1523_Kings_Lndg_Rd_waiver.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 12/7/2007 9:55 AM DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY O1�,'N'ER NOT IFICATIONfWAIVER FOR+v1 Name of Individual Applying For Permit: Address of Property: (Lot or Street #, Street or Road) (City and 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, 127 Cardinal Drive Extension, Wilmington, IBC 28405 or call 910-395-3900 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, boat house or boat lift must be set bek 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.) 47! X I do wish to waive the 15' setback requirement. I do not wish to waive the I5' setback requirement. Sign Name Date t--�.��t" its Ake A Print Name NCDENR Telephone Number with Area Code NGa ����• oEP.�r EM Fj.��RO.tEM[ Y:O NRunrL RE3Q/AGES Connaway Pier Subject: Connaway Pier From: "Ted.Tyndall" <Ted.Tyndall@ncmail.net> Date: Fri, 07 Dec 2007 15:19:19 -0500 To: Ken Armke <kenarmke@koch-usa.com> CC: Steve Everhart <steve.everhart@ncmail.net>, Heather Coats <Heather.Coats@ncmail.net>, Roy Brownlow <Roy.Brownlow@ncmail.net> December 7, 2007 Dear Ken: Thank you for your patience on working with me in reaching a final disposition on the issue dealing with the construction/location of Mr. Chris Connaway's pier, on the AIWW adjacent to your property off King's Landing Road, near Hampstead, Pender County, North Carolina. Division of Coastal Management staff from the Wilmington office had earlier provided me with the information that I needed in making the final determination as to how the Division will deal with the issues that you initially raised to me in your October 17, 2007 email, however, I had been unavailable to review all the material to my satisfaction. I hope you realize that these issues are taken seriously by the Division and the time taken on this particular case reflects the same. I have now perused the information and offer the following findings/facts as to which I based my decision: 1) Permit #41475-D was issued to Mr. Christopher B. Connaway on 5/17/05 for the subject pier. 2) Permit #42383-D was issued for a complete reissue for the subject pier on 8/15/05 with an expiration date of 11/15105. 3) Unfortunately field representative Gale Stenberg (whom has subsequently passed away) issued both permitsand is unavailable for input. 4) The former owner of lot #17 waived the 15' setback requirement on that side of the property. 5) Documents on file indicates that the pier was completed on 2/13/06. 6) The General Warranty Deed for lot #17 was made on 2/15/06 and filed on 2/21/06, after dcoumentation that the pier had been completed. 7) There is an agreement on file in the courthouse where Calhoun Investments admits that it failed to disclose that it waived the 15-setback for the pier constructed on lot #18. Therefore, based on those facts and others, the Division of Coastal Management has determined that the current pier's location is consistent with the permit issued and with the waiver obtained from the adjacent riparian property owner (Calhoun) and that the Division does not plan on taking any remedial actions on the subject pier or any enforcement action against the permittee. I thank you for raising these issues to the Division, however our findings do not suggest any further action by the Division is required. Sincerely, M. Ted Tyndall Assistant Director M. Ted Tyndall, Assistant Director C Division of Coastal Mana Tement 00 Commerce Ave. 1 of 2 12/7/2007 3:20 PM Re: Enforcement Issue - Need Assistance Subject: Re: Enforcement Issue - Need Assistance From: Roy Brownlow <Roy.Brownlow@ncmail.net> Date: Mon, 22 Oct 2007 14:27:18 -0400 To: kenarmke@koch-usa.com CC: Steve Everhart <Steve.Everhart@ncmail.net>, Ted Tyndall <Ted.Tyndall@ncmail.net> Dear Mr. Armke: Thank you for sharing your concern about your riparian corridor and access as described in your e-mail message dated 10/22/2007 in regards to development of a pier adjacent to your property in Pender County. I am forwarding your information and concerns to Mr. Steve Everhart who is the District Manager for the Division of Coastal Management in the southern section, including the Pender County area. This office is based in Wilmington. He will be able to address the question(s) you raise. You may contact Mr. Everhart at: Wilmington District Serves Brunswick, New Hanover and Pender counties, Onslow County south of the New River, and Topsail Island 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7266 Fax: 910-395-3964 Steve Everhart, District Manager E-mail: Steve.Everhartpncmail.net I hope this information is of assistance to you. Consultation with the CAMA Local Permit Officer(county or municipal) and/or Zoning Administrator may determine if there are any local ordinances applicable to your question. The CRC rules and NC General Statutes are available on the internet at http://www.necoastalmanagement.net/Ruies/rules.htm. If I may be of further assistance, please feel free to contact me. Sincerely, Roy Brownlow Compliance Coordinator, DCM Ken Armke wrote: Mr. Brownlow: My na I live in Wilmington, but purchased a cant lot onting the ICWW in nder County on King's Landing Road i mid -Feb. 2006. Over the past months_ have discovered that a pier construct y as i}acrr��my-io`��to the south (and with no 15-foot set back off my r7rp—a—rian right-of-way) was built without a CAMA permit in force. The pier was built in the spring of 2006, and I have all applicable documents in hand including the builder's original CAMA permit that expired in mid -November 2005 and the Pender County building permit issued in Dec. of 2005 AFTER the CAMA permit had expired. Pender County has since acknowledged that their office made a mistake in issuing the building permit. 1 of 2 10/24/2007 3:37 PM Re: Enforcement Issue - Need Assistance / Y N ` Though the pier was constructed illegally, for me the main issue is the location of the pier up fronting directly up against my riparian right of way. It is a very substantial structure that encroaches on my right-of-way and serves only de -value my investment while in violation of CAMA rules and statute. So, you may wonder, why did it take me a year and a half to contact your office? It would be difficult to adequately express my frustration with the local Coastal Management Office and Pen fficials at this point.__I_ �coed them first by phone <n May 2006 who I first saw the pi being d was assured by bothgai t-'everything was fine.'Itwashs later as I conducted my own research of the rules and documents that I learned otherwise. Then, I was sent on a wild goose chase to seek redress from Pender County when, in fact, this is clearly a CAMA matter. In an effort to respect Ms. Coats and the local chain of command here in Wilmington, I did request in writing on October 11, 2007, that Ms. Coats contact me so that my complaint and related documents can be brought to the attention of CAMA enforcement. She is well versed with the facts of my situation, but to date I have heard no reply. Can you please put me in touch with someone in your office who can help me? Thanks. Ken Armke 910-762-0065 days 910-471-2708 mobile Roy Brownlow, Compliance Coordinator NC Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557 Phone: 252.808.2808 FAX 252.247.3330 Toll Free: 888.912.CAMA Email: Roy.BrownlowC�ncmail.net ,a//w /O/PLC Xf/ 4 "I w l✓Pl� 2 of 2 10/24/2007 3:37 PM DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Address of Property. (Lot or Street 4, Street or Road) (City and County) I hereby certify that I oven 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 thev 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, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 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, boat house or boat lift roust be set bck 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. Sign Name Print Name Telephone Number with Area Code Date tiiOR!f� WaOUMA DerApTMCM CI E�..+ao++.c.rt Awo N�eunA� Rcsou•eea 3g.90 t 1 AlW ACROSS MPARMN LAAEE i�E 7w POINT tQ7� ^ j v\ a 7 320.94' \tJ t-A \ \ £ 2, 405,109.07' \o \ �0 \ i 1,3- t14 NORUAL HIGH \ iC 41, \ WAIEtt LANE / o� I / N � F'I AGiCED BY vCAMA PERSONNEL L39 � /N l J R re- J0 SCC>r CP M 1 �S7c9. N=226.739.59' E=2.405, 683.44' NORMAL HIGH W>7AGCEO BY !s '� k� �E N EX. IRON PIPE CA"4 PERSONNEL 40� N. tom; /4.32' RIGHT y 'y / OF LINE CS\ttv a �IRUN� �C�> v GALLS ALONG NORMAL HIGH WATER LINE "� 1 �� �N�z' tn� LOT LOT 20 LA 19 coat" I aparfng obtawe L40 I S SW44 5B W 10.44 L41 S 1 7 1-42 49 E 20. i 4' S W r e L44 S 3410214 17.63 L S B 50 1 9B L46 N 61'1 2i 5.06 L4 35' W 1 . L49 4'02 49 r 9g L49 S Jx2' W IQL40 L50 1 21 1 15 1 N 29 0 W 14.51 N 513620 M331 51'19 36 W 3.04 L54 F S r'1 32 1Y 10. CALLS ALONG NORMAL HIGH WATER LINE Course Bearing Distance 1 N 62'01 46 W 18.76 L2 N 25'49 32 W 19.05 L3 N 01 30f £ 11,05 L4 N l2'S2 2B W 5.19 L5 S 78' 9 41 E 15.90 L6 S 63'48 59 E 11.82 L7 S 2 'f344 E 31.97 L8 S 1 T59 33 E 12.66 L9 S O1'32 40 14.5 LIQ 234T 13 W 10.77 l l S 0 '01 57 E 7.37 12 5 72121 35 W T 13 S 72'21 35 W 12.20 L 14 . S 7T30 53 W 18.45 115 N 29'02 50 W 6.55 L 16 S 21'S5 W 15.7 L 17 N 86'33 37 W 5.99 LIB S 52'26 33 W 0.48 L 1 S 52 6 33 W 11.13 L20 S 02'49 30 W 8.32 L21 N 0.5149 W 3.73 L22 S 8747 4 W 6.56 L23 S 666'23 44 W 8.46 L24 N 43'14 43 W 3.99 L25 N 20' 13 19 E 37 L26 N T07 35 E 1 i.42 L27 I 49'38 01 E 9. 7 L28 N 64'04 52 E 9.84 L2.9 N 15 7 01 E 9.22 L30 N 121104 9.9 L31 N 17'31 48 W 10.68 L32 N 31'26 50 10.73 L3 612715 W 13.09 L34 N 29'38 1 11.92 L35 N 67'14 1 4.92 L36 S 2.1716 E 21.67 L37 S 2772 43 W 13.90 38 N 522 35 W 10.3 L39 S 19'24 54 E 2.26 \ 161 AREA RECAP: \ LOT 19: 9119 S.F.t TO CAMA LINE 12042 S.F.± TO NHW LINE \ LOT 20. 10005 S. F. t TO CAMA LINE \ 13534 S.F. TO NNW LINE 50.18' 49.83' 49.93' S 74'21 '40 "W 99.87 E1P N 74'21 '40 E FiP N 74'21 '40 99.76' EOAOVER ECu o Q RINGS I ANDZIVG ROAD -.Sufi 1575 (BO' RlkW) OCT-26-2007 13:03 From: To:2522473330 I. I State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G, Ross Jr., Secretary Date: tc/zz/c � TO:�oi - -- CO: FAX # REMARKS: , FAX COVER SHEET No. Of Pages: (oxcluding cover) From: CO: Division of Coastal Management FAX#: 910-395.3964 ME x In A . .0 127 Cardinal Drive Extension, Wilmington, N. 28405.3945 Telophona (9001A.7215 Fax (910) 395.3964 f An Equal Opportunity Affirmative Action Employor P.1/9 To:2522473330 P.2/9 DCT-26-20e7 13:0:3 From: FROM C:P'qW'JRY MAP I NE CONSTRUCT I CIN PAX NO, *iNSP0476 PS 200? OC12Pm Pi I I T, Irl Z ."I ATla. tI I Wmak 4 _;�l OCT-26-2007 13:03 From: To:2522473330 I, WLMII LLJN114HWHf VIHM I Nt UM, I KIJI. I I UN t- HA NU VLW4;eQ4 rt) url. AMO r r014 -J pools. vd ja VA I D II I I 4.:� I Al. I I In: w Weak 4 P. 3/9 4 net .4 Papp tor_!� u 7Lf fat 12 Wook f; w ChIn4va awl f't, IF T, IA, ATiTRS.!. Ala OCT-26-2007 17:03 From: To:2522473330 P.4/9 t"1KbN'I �t.UfVf`WwIHt I't+MRI IVC 44J1`iZ)+RUlirI iW14 rnn ilai. •aa. v-•aay..1 w ••• �••- . y30µi,v ��.k ,% ^P ,d b 7 it fil+lt}r' pP rl . (S �•� �l B'j�l 11` ?i 4ta 41 r 1 '10�� tk�, 96 17: 1 1b 17 Inv Z1; 2t ti' >}4 iS 2d �� t9 ?4 ?li ?Q'37fl i1ii�. rout. ' 2� :R .��f �r,3G ,act a� �u+ .�i°� a•I �, rc�cJ aa� +.�, Wook 6 _ IIT 14 t}I 11 10 1 f �'w14 t, M �,s erg 10 0 i rya et _. ��'� ! lay._-�b-..�---. 7 s� 3h r, � ►_ I p �_.,. • J K w't s ... . 12 ;a 4i OCT-26-2007 13:03 From: To:2522473330 r 1C4111 •4.UjV4PFA" 1 I'RIM I INC I MLOR4 I I U1 4 rriA ow. W W k, r--? rr-v I W" - A. Lo— I,_14t w .1$�. IQ 7."' " vj.. :, .4tirth. v O-ig-i 3.1 12. Vorlai, 'i i? At I ellw 0 SO" ��Ilave . .. ... JET Owt/c, ce 11 tP to . �.v calls P. 5/9 FROM !C0NNPWAY MARINE CON57RUCT[UN FAX NC, :9lZ4520476 Oct. 25 2007 04'1'-?PM PS 6/9'd 02zzLt?22s2:o1 :Woj.� i70:2T IL002-92-130 OCT-26-2007 13:04 From: h KLI"I : L.LIMyFIWHY I'll•1K I Nk f TINS 1 k1,JC 110N FAX NO. : 91214520476 E.W, GODWIN'S SONS, INC. )DEALERS IN 8010EFr a SUPPWE.s PA BOX 1806 WIL,MINGTON, N,G: 28 402 (910) 762.7747 ■ FAX (9iQ) 762.3776 SOLD YO C 11R1 13. CRNNAWAY bf►1Yr�111'�;u,1:I.1,I Ut, NC„ 21480 To:2522473330 P.7/9 Oct. 25 2Q97 0 :19PM P2 IMPORTANT caahnn Inr jim ar n1lompr+mr,rd he muck 6.1 dlryn, A =IMNIng Igo of IPw bi nlrlflel jar IAnfMah mklmnl.l A tillop kw 611in id rnndn for *%IIIp rip mitariclla ND rMnrrnY nrrtrin rill R{tnriid ordnmd flow No r(AArXJn AIIAWI(I tW Mlndnl 1v11 III AM# ">M1rlft) nil, 11W010601 Ng faUnd orormill W11hilid uiioir19 hwniau nl i"ukldn 111IMMI No r+Nruie nm mato-InIg A'10f V (III Allup 11) 1521 KfN0$ LANDTNO R17I PuT AR 0i.,0SP -1.0 WA4 fa V, P091;X0LE 264-9599 _ . ' G'�uHr• ._.._.. _, — ......_ cua�nur+n r.�, -... .. _r . �...�. -- 7AiMn _ OnUR �10I.r.IA1 " DATPvic� Lelr11 t1ROX 7A1 1 , a 6 (1107 6 06101 105 OIIiY»gntl HiU',K hFltll'�Ep 6MIPP(!r� t.uM GEHhgIPTION f MOUNT _ e 41 0 I.A loll 8U'T'r 31;1' R0011) CQp q4. 300 1.66A .40 TRr A'110 215 f; v, C; LA 101, RU'T-I' 2$' A0UN1'+ f').1. , Nn , ".250 rRf ATED IO2ESlip 0 1.A .14 I:A �.A" stru 2e' RouNIn P:'L.tN11 C C A 12D- 60 'j,Av,;•70 '?"Ail, 10 2.6 14 61 l.� fA 1�" 110.1 7,0 RI)iIallr ('.L1'K 4 1M1�1.g6r?i 1E4Hr>,'/0° h 0.13AP G A fl 4 E.A It,, BUT°I a4 ROLIND PILING CI;(, 1,01, 50t) 4S16.Q0' 101.4R02t if 2 EA If, a riwn 121 ROUND P11.T113 f.rA 94.250 18t.1 Fool :1.0.12R4'0 1 m ; rA v DL17T 1,A' ROUNn Pjl.;'Nri CCA 1, ' • 000 1.'7A 1010RP0 C1 lord I� �AArry 9.r'27iP4 a'r1 77r.1..I� �xMII�IfI,'ir.", nmW,i I � I nalf,HCH�N413F c,ARa.6[f ,n ♦ // A N 'd h x J, 1' r -k —W — •�^ µoa __ N•Ill' 1%3A C A R O I- r N A it, A L C gr�ATOCKINCI A ' Q R _ PACK i nF 7AX 7.00V4 4 Aur1+ r,jV CHRIS CONNAWAY r� l�r1r 0'01 .., _. .-..__ � eS Pop 1jOLIDAY. JQ H iQTAL .,_ ,,.�....� OCT-26-2007 13:05 From: . ,�M Y ,,..�„�,-nwr-, inn,Yyi,.; •..u,ya, rtui„r 4�1'1 r'm^ ril.f. ,7 J.5>ti:7,CiK1M rp E.W. UUDWIN°S SUNS, INC. DEALURS NY WILDER'$ SUPPL'Ef; P.O BOX 1806 • WILMINOTON. N.0 MIN (o10) 762.7747 • F�AX (M) 762.3776 601-D TO Chile f 3 D CANNAWAY I(IQx 17n iJK,1'.iihlY�+VI'l.l�' !�C> hiC .'E;4�t0 T0:2522473330 P.8/9 U G T.. tJ Gelb ! l_ O1 a-'ll- 14 MJ IMPORTANT Gn4'na for wo, of n110ria9n MIR] 1)0 muds'n ' fMVM A f6fi*nkinp kin d n% i6 fg0rin I'M Mn"'A" fldurnML A 41OW44 Ito ai 1", is rnnd) for Pif*k K up 01star10,.. Ka n111rlda mrKfr Ni knnninl nrfkrnd ilnme. No mirn,Ys Mgnwf*i em neatndnl rNjl In gninn nwitlan ria (.nurlaeavi. No tilLnrl 0' p (wjiR wflfl,lui fxlpk Al Invak A or inwilm I'M11W (jQ t jft 04 r9h4n11414 ldlnl ilil dayo AH'i TO GIRT$ CONNAWkY KINGSLOMNO Dl1N� 6USTC1fAIf H P,C) I iCRYl6 4Rnf'l1 / fIf.14H UAl'I. MLfUhN INVCIifYe A INvi CC L1 ,:. f', Ai�4 I°wc3itc�°3^11 l..'il 101H PR0% i'441J pe, PjJNG of li�i�11Q 0K/07/Wa _.— _, ri LIrLn UEti�11R''I'IQN nM I��hlll'F _ ��, I'. Ri6q^ i 9ACN t�li0f;l'11.11 OHIPrr , � „ 0 37 CA 2,N" X 1(Rn PIL1,Nti Gl',A .I'i 1„9, 100 Jk�afl.'1,Q" zeltCIRPOI!r I.�+�E19:2A -� pTl 02- MEfaCIyAND16G 'S G 1 SI '' 2 ,'itlN 1,� 70g5 _, ..� ,-� -.� __ -_. .,. •- .—. '' nl► n I. r M A p 111 f ri=f�IOCKINCi 4 .01 AIJI'il 13Y CHf�iS CUP4NAHA Y_....,.�. --- , M • - , _-,,^,.•v..,.. ,�,.w YNYMY,.'M '�; p} G4 C> � _. f�(JAY TOTAL- 1612 .... is 9 r 0 1 U L. Y - A Ti .• �. ., OCT-26-2007 13:05 From: To:2522473330 P.9 I K-M : F-I_IIVNfA6IHY MRF41 Nk { 1JN51 NU(� I ! UN I WX NU. : y1L•'lQ 0476 Om 25 2007 03 ; 1BRI PI. Mumh 8, 2007 c hlidophm caltla WILY 211 Wbito Ave wilmil g ' NC 28403 DM Mr. ChrWOPI' Canaaway, (fin Ivldsy,. i�altruu'y 13'; ZOtlb. rll►e, Conr�wtiy MAc1nednett�lcdaaa c�ompletcd the i naallvion of all of Ific ,pier pilinp at 13123 Kings Lmdink Rd, in Fiamp4tead, NC 28443, F wh Pllittg vwas icisballed at a min6um dVdx of A' pem rEiou. Ewh Piling has at 1 s 10' butt and was b ttw-,M at a +4,1 sngle, All p1hp ow on 8'c6ntcn. Please feel lip tb conuat %is with any quogdoua that You may two. We cm bo mcbed at (910) 794- 9500 fmttf A mdq through. Faintly froth T: ,O am to 4.30 pm. cot�►� •� ems: �n CerlatoOOV S. Connawry_! P.Q. Uox 378 / WrlghtWlle Beach, NC 2EMO (9'70) 7�M�lSt�Q Armke/C,; ynaway r Subject: Armke/Connaway From: "Steve Everhart" <steve. everhart@ncmail. net> Date: Thu, 25 Oct 2007 09:16:50 -0400 To: "'Ted.Tyndall"' <Ted. Tyndall @ncmail. net> The attached drawing is one submitted in support of another project, but depicts the "as built' pier at 1523 Kings Landing Rd (Lot 18). Steve Steven H. Everhart, PhD Wilmington District Manager NC DENR/Div. of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 PH:910-796-7266 F:910-395-3964 steve.everhart(aDncmail. net Lot 18 as built.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 12/7/2007 9:55 AM 5 RR�CKi►NE `Z� CAMS WARiAN U E THIS PUNT o V' �O 1. L-r� ` i „°jj \ 0 92� CO A,A A/NW R/N MON. L 1 X �k re- IO, sECT. J v „ �H N-225,739.59' E=2.405.683.44' N 1JORkGIL NIGH kp- I �y. �. x' * WATER BY CAW PERSONNEL 40v t, kk Nl u• iiI: CALLS ALONG NORMAL HIGH WATER UNE Couree 90af ft DAnMnce L40 S 56'44 58 W 10.44 L41 S 37 W 1 7 L42 49 E 20. L 4 25 W 1 6 L44 344 02 14 17.63 L4 S 08'26'W w1 .88 L46 N 61*lr2l w 5 Od L4 35 W 11jr L48 402 49 1698 L49 S 1t2 W 1Q40 L50 21 21 1 15 L51 N 29 0 W 1 14.51 L52 N B 136 20 12 J1'1938 W 3.04 1,54 ts J1'1 32 kY I Tum�--] A/WW RIV MON. T6-12, SECT. J N-228. J20.94' E-2,405,109.07' .in "N \ NORMAL HIGH � WFIA�D 8Y GUM PERSONNEL 1 4- IN EX. IRON PIPE <<"; 4.32' RIGHT z,OF LINE 0 e \ w LOT 20 uN .1 s j.I �-n LOT 6�. �\ 50.18' \\,i 49.83' O - S 74'21 '40'W 99.87' E1P N 74'21 '40 EOVE I PEcu 74-2 xuvcs RAIDING AVQAD - sR 1575 (60' R/W1 CALLS ALONG NORMAL HIGH WATER LINE Course"Wl ing Distance f46 W 18.76 L232 W 19.05L301 E 11.05L4 28 W 5.19L5 41 E 15.9QL6 59 E 11.82L7 44 E 31.97L8 S 1759 33 E 72.66 L9 S O132 40 14.59 23'41 13 W 10.77 S 0 '01 57 E 7.37 S 72-21 35 W 1.13 S72`21 35 w 12,20 E12 S 7730 53 W 18.45 N 29'02 50W 655 S 21'5558 W8 S 52'26 33 W 0.48 L1 S 52 s33 W iT13 L20 S 02'49 30 W 8.32 L27 N O'5149 W 3.73 L22 S 8747 4 W 6.56 L23 S 66 23 44 W 8.46 L24 N 43' 14 43 W 3.99 L25 N 20' 13 19 E 37 L26 N 37*07 35 E 11.42 L27 - N 49'38 01 t 9. 7 L28 N 64'04 52 E 9.84 L29 N 15' 7 01 E 9.22 L30 N 121104 9.9 L31 N 173148 W 10.68 L32 N 31'26 50 W 10.73 L3 612715 W 13.09 L34 N 29'38 1 w 11.92 L35 N 87' f 4 1 92 L36 S 22'17 16 E l-6- 2.7 L37 S 272 43 W 13.90 38 N 52-2 35 W 10.3 L39 I S 19'24 54 E 2.28 AREA RECAP: LOT 19. 9119 S. F. t TO CAMA LINE 12042 S.F.t TO NNW LINE LOT 20: 10005 S. F. t TO CAAfA LINE 13534 S.F. TO NHW LINE ss.76' - 0 O h Armke/Calho un/Connaway Subject: Armke/Calhoun/Connaway From: "Steve Everhart" <steve.everhart@ncmail.net> Date: Thu, 1 Nov 2007 16:26:12 -0400 To: Ted.Tyndall <Ted.Tyndall@ncmail.net> I just discovered that on March 20, 2007 Armke and Calhoun filed'an agreement ndicates that Armke has can get a setback waiver from Calhoun (on the other side of his m Connaway) if he decides to build a pier. It is stated in the agreement that this is recompense for Calhoun not disclosing the setback waiver granted to Connaway as a material fact during the sale of the property to Armke. Filing Date: 03/20/2007 Book: 3186 Page: 202 Type: AGREEMENT Grantor CALHOUN MURIEL K, View Image Grantee ARMKE KENNETH W II, View Detail In this agreement, the date of sale (closure) of the property was stated as February 21, 2006. Steve 1 of 1 12/7/2007 9:48 AM "T' 4ED 6 i PG202 S'MCE��D REGISTER OF DEEDS PC40FR COUNTY, NC Raco (11urc� sa r. 10.y1�. G ,bou Joyce aQdv�ified doly-1(0 Y\ S- i(A Ji Rogis Mcegood as y, 01 STATE OF NORTH CAROLINA COUNTY OF PENDER AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this `� day of March, 2007, by and between Kenneth W. Armke, II ("Armke") and William K. Oden, III ("Oden"), both North Carolina residents, and -Calhoun Investments LLC, aWa Calhoun Investments, Inc., a North Carolina limited liability company, on behalf of itself and its heirs, successors, and assigns ("Calhoun Investments"), and Muriel K. Calhoun ("Mrs. Calhoun"), a North Carolina resident. RECITALS: WHEREAS, by General Warranty Deed filed and recorded February 21, 2006 at Book 2892, Page 097 of the Pender County, North Carolina Register of Deeds, Calhoun Investments conveyed to Armke and Odqghat certain real property described as L 17, Sidbury Acres in Topsail Township, Pender County, CMad T*g y W.R.Gooding, Registered Surveyor, on the dul Registry of Pender County in Map Book 4 at Page 63 (the "Property"GS'gQ�gQ -WHEREAS, Calhoun Investments currently owns Lot 16 of Sidbury Acres, adjacent to the Property on the north side; and Q %, R 3 1A T P�Q 3 WHEREAS, Mrs. Calhoun is a member f� o ips WHEREAS, while Calhoun I ee the Proper41V(R� iCalhoun Investments conveyed the Property to Armke and Oden, Mrs. Ca�lhtrialf of Calhoun Investments, executed a North Carolina Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form for the benefit of the owner of Lot 18, agreeing to waive a 15-foot setback between the Property's area of riparian access and the dock to be constructed on Lot 18 ("Lot 18 Setback Waiver Document"); and WHEREAS, Calhoun Investments failed to disclose its execution of the Lot 18 Setback Waiver Document to Armke or Oden; and WHEREAS, the ability to construct a sizeable dock with maximum riparian access was material to Armke and Oden's decision to purchase the Property; and WHEREAS, Armke and Oden have determined after consultation with the Department of Environment and Natural Resources that they can construct a dock if Calhoun Investments, as the owner of Lot 16, will waive the 15-foot setback between Lot 16's riparian access and any dock to be constructed on the Property, whether by Armke and Oden or their successors in interest; and WHEREAS, the parties to this Agreement have agreed to settle all disputes between them on the terms set forth herein. CLI NOW, THEREFO4,jn consideration of thZpI72ds'ufficiency �11 undertakings set forth Cq herein and other good and valua ti of which are hereby #j�lh � u f 101�(�ZZGf�1Q acknowledged, the parti"t o this �� of ows: 1. Obligations of Calhoun Investments: Gs�W�i`e requested by Armke, Oden, or Armke and Oden's successors or assigns, Calhoun Investments and, if requested, Calhoun Investments' successors and assigns, shall (1) execute a North Carolina Department of Natural Resources Division of Notificadon/Waiver Form fr�t foot setback between the Property's area of riparian �61S310GPG204 rp man Property Owner of tttWY99VV9VW6_eing to waive the 15- dock Armke and Oden, or Armke and Oden's successors or assigns, propose to construct; (2) refrain from lodging any objection to the request of the owner of the Property to construct a dock; and (3) take any other action necessary to waive any setback they, as the owners of Lot 16, might otherwise be entitled to claim pursuant to statute, regulation, ordinance, or other law. 2. Armke and Oden's Obligation: Except as necessary to enforce the terms of this Agreement, Armke and Oden covenant and agree not to commence any legal or equitable proceeding against Calhoun Investments and Mrs. Calhoun related to the sale of the Property. 3. No Admission of Liabilitv: Neither the execution of this Agreement nor the performance of any obligation hereunder is to be construed as an admission of liability, the same being expressly denied. 4. Costs; Other Documents Necessary to Settlement: The parties agree that they will bear their own costs, attorney's fees, disbursements and expenses of any kind and agree to execute any other documents necessary to effectuate the terms of this Agreement. 5. Amendments: It is expressly understood and agreed that this Agreement may be &I Q� amended only by a u# jy, signed by each of the C 6. Recordatio • rmke and Oden may file and record this l( ))� Agreement with t e lounntt}/3 g fir of Dee s.��B��Q 7. Choice of Law: This Agreement s a e governed by and interpreted in accordance with the laws of North Carolina. 3 0 i• � �i� � J .. S 'jqIc 0 REGISTER OF DEEDS ����c,'j�q 7R tSrT�,z.ard1'rriiiFd PENDi'.R COU!iTY.!1G Q �tiavrej,l Sv;r. good �'.i!n(.cipi OfFJec(iS I't`tidcr Cotutty, N MEMORANDUM OF TRUST AGREEMENT Prepared B - D.- C. Pittman, Jr. Return To: Wishart, Norris, Henninger & Pittman, P.A. O. Box 1999, Burlington, N.C. 27216-1999 NORTH CAROLINA PENDER COUNTY KNOW ALL MEN BY THESE PRESENTS, that WILLIAM ROBERT TAYLOR, III, as Grantor, and WILLIAM ROBERT TAYLOR, III, as Trustee, entered into a Revocable Declaration of Trust on March 15, 2007, said Revocable Declaration of Trust being denominated the William Robert Taylor, III GR Trust. Pursuant to North Carolina General Statutes §32-26, the aforesaid Revocable Declaration of Trust confers upon the Trustee all of the powers set forth in North Carolina General Statutes §32-27 which are incorporated therein by reference except for those set forth in North Carolina General Statutes §32-27 (29) which is expressly not incorporated therein, as such powers existed at the date of the execution of the aforesaid Revocable Declaration of Trust. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective this 1111 day of Mo.% .� , 2007. F 1 i U N V ��n • � � UNUFt1�iL � � U��FF