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HomeMy WebLinkAbout40055_COWDEN, ROBERT_20041008�iCAMA / J DREDGE & FILL '�! f 55 GENERAL, PERMIT Previous permit # E'New ❑Modification —]Complete Reissue ❑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 envirWmen�al .concern pursuant to 15A NCAC t y C,OIc%Ct fulesattached. Applicant Name ,tw /VV J e, Project Location: County i Address ` r� ""X / (' S Street Address/ State Road/ Lot #(s)�' + i �ll City V IV/ ZIP Phone # (`� �) Fax # ( ) Subdivision f Authorized Agent �" " City I ' '' 'J - J ZIPS Ll CW &EW ES. -PTA❑ ES ❑ PTS Phone # ( ) River Basin Affected _1 OEA ElElEl❑ HHF IH UBA N/A AEC(s): Adj. Wtr. Body i 6 " ' (a ,yman /unkn) ❑ PWS: ❑ FC: ORW: yes / no PNA yes)/ no Crit. Hab. yes / no Closest Maj. Wtr. Bodyr� Type of Project/ Activity c� ) o U r Pier (dock) length - Platform(s) - a Finger pier(s) Groin length'/' "71 number it'-`nv "t — --- +l�Xc` il,� Bulkhead/ Riprap length s ;i avg distance offshore max distance offshore r M 3,S ( Y4 f Basin, channel ''q0 _— cubic yards 0 �x30 x T J i Boat ramp Boathouse/ Boatlift 4 Beach Bulldozing n Other X - — yi-7 j. ems„ �J U Shoreline Length �l:e�L Y�•1 %11ie. �EL.-..�afl �_.�[(�/'_.: .-...mow. SAM not sure yes X. .t- - - -- Sandbags: not sure yes �no� _s �r.. i �� y)J 3 Moratorium: n/a yes _.. ..+--•+ _ .., -�.- Photos: yes _n Lo/ Waiver Attached: yes fio �— -------- A building permit may be required by: v + 6," y "'�'��FE4!!ree n on back regarding River Basin rules. Notes/ Special Conditions] • I " � !� U 1 � hF i � ¢i-T � l.�l.� /tJf^CI. / . v ' `.� �. Lt' f''.. i¢xC.��r���✓ Nt1/Ih.� (� 1.✓•�p��N�C �e ry1�lr�e,.r4 P7(cw fi i, �c ✓t 7` AgentAp lican PPrrintted�Namee Signature ** Please read compliance statement on back of permit` Application Fee(s) Check # Permit Officer's Sleature J-0 IssuingDate Date Local Planning Jurisdiction (Rovve:r'e Name mu-11 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- amlico River Basin Buffer Rules ❑ Other: [_ euse 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 Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 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 v POINT MARINA INC. PH. 919-249-2670 P. O. BOX 1054 ORIENTAL, NC 28571 PAY TO THE ORDER OF Al, 1885 66-152/531 DATE I DOLLARS t D— L. Wachovis Bank, N.A. Fkqb�, NC 28515 I FOR imooll3aSom i:0531015UP: 0781 000354116 . ....... ........ .. .... ....... -- ------ i FILED in PAMLICO Count y, NC on Sep 29 2004 at 09:11:29 AM by: SUE K WHITFORD REGISTER OF DEEDS BOOK 431 PAGE 757 NORTH CAROLINA PAMLICO COUNTY AGREEMENT THIS AGREEMENT, made this 28th day of September, 2004, by and between MAURICE W. BENTON and wife, GLENDA G. BENTON, hereinafter referred to as "the Bentons"; and ROBERT W. COWDEN and wife, CAROL COWDEN, hereinafter referred to as "Cowdens"; W I T N E S S E T H: WHEREAS, the Bentons own a tract of land on the north side of N.C.S.R. 1325 which contains 70.25 acres, it being described in that deed dated January 6, 1998, and recorded in Deed Book 338 at page 339, Pamlico County Registry; and WHEREAS, the Cowdens own a marina on the south side of said road which also lies on Broad Creek; and WHEREAS, the Cowdens have applied to have said creek dredged and said permit requires an area to dispose of the dredge material; and WHEREAS, the Bentons have agreed to allow the Cowdens, or their successor in title, to utilize a portion of their 70.25 acre tract for said purpose, subject to the terms and conditions contained herein. NOW, THEREFORE, covenants contained herein in consideration of the mutual the parties agree as follows: 1. The Bentons do hereby convey to the Cowdens, and their heirs and assigns, the right and easement to dispose of approximately 1,000 cubic yards of dredge spoil over and upon the following described portion of said tract: BEGINNING at the southeast corner of the said 70.25 acre tract in the northern edge of N.C.S.R. 1325 and the centerline of a ditch, and running thence North 000 28, West with said ditch centerline approximately 1100 feet to the centerline of an intersecting ditch; thence westward with said intersecting ditch centerline across to cuts of field 444 feet to the centerline of another intersecting ditch; thence southward with said intersecting ditch centerline to the northern edge of Prepared by HOLLOWELL & I-IOLLOWELL +�"` I Attorneys at Law 1-7,n /D_/_ z5�V Bayboro, North Carolina 28515 2006. BOOK 431 PAGE 758 N.C.S.R. 1325; thence eastward with the edge of said road to the POINT OF BEGINNING. 2. This right and easement shall expire on January 1, 3. The parties agree that title to all spoil placed on said tract shall vest immediately in the Bentons. 4. The Cowdens, and their heirs and successors in title, do hereby agree to indemnify the Bentons and their heirs and assigns from any and all liability, loss or damage the Bentons may suffer as a result of claims, demands, costs or judgments against them arising in any way from the disposal of said dredge material on said parcel. IN WITNESS WHEREOF, the Bentons and the Cowdens have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside each name, the day and year first above written. 2t c cf t, l �e.v�s v (SEAL) Maurice W. Benton _ A uo 1Yuo a a a ,,(J7Ln,, (SEAL) Glen,4 G Benton r I \ (SEAL) obert W. Cowden SEAL Carol Cowden Prepared by HOLLOWELL & HOLLOWELL .Attorneys at Law Bayboro, North Carolina 28515 BOOK 431 PAGE 759 NORTH CAROLINA PAMLICO COUNTY I, AN(-v,IL IA. N\000TiyP, , a Notary Public in and for said county and state, certify that MAURICE W. BENTON and wife, GLENDA G. BENTON, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal, this ZS+h day of G C4p mbc,c , 2004. C LatDo Notary Public My commission expires: �O(2ZI 0S ����CS' h4c. ` • . .,• .eta i TAR y NORTH CAROLINA •• PUBLIC `• Ci PAMLICO COUNTY I, 3kct�k K . N Cc-Ccj+ tX , a Notary Public in and for said county and state, certify that ROBERT W. COWDEN and wife, CAROL COWDEN, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal, this 2Sk day of e- vk-YY1 bex- , 2004. ` l IN Notary Pub .;4aji►rl// M. My commission expires: CcQl�.�' 1��2 f Og , . C.) ZZ 11/1"/11COUIA Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 BOOK 431 PAGE 760 NORTH CAROLINA PAMLICO COUNTY The foregoing certificates of JACKIE M. MCCOTTER - PAMLICO CO NC a Notary Public in and for said counties and states are certified to be correct. SUE H. WHITFORD Register of Deeds :-- - Register of Deeds Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 PREPARED BY )LLOWELL & HOLLOWELL ATTORNEYS AT LAW BAYBORO.NC 28SIS FILED '03 (1l)G 26 Aid l.0 0`t BOQif �.� P�i�r 34(J NORTH CAROLINA PAMLICO COUNTY JOYGE E. CARAVIAN RECiSTER OF DEEDS PAI•,ii ICO CL UNTY. N. C. THIS DEED, made and entered into this 12th day of August, 1993, by and between SOUND PACKING CO., INC., hereinafter called "grantor", and ROBERT W. COWDEN, Post Office Box 105, Stonewall, North Carolina 28583, hereinafter called "grantee"; W I T N _E S S E T H: That grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations to it paid, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey to the said Robert W. Cowden, and his heirs and assigns, a certain tract or parcel of land in Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: In the Village of Whortonsville, on the north side of Broad Creek, west side of Coffee Creek and the southern end of NCSR 1326, and beginning at an iron stake at the southwest corner of the end of NCSR 1326 and running thence from said POINT OF BEGINNING, South 85' 02' East with the end of said road 60.00 feet to the southeast corner of said road; thence North 04° 58' West with the road edge 81.20 feet; thence South 87° 28' East 151.20 feet to the edge of Coffee Creek; thence South 20° 21' West with the edge of the creek 36.06 feet to the centerline of a bulkhead; thence with the centerline of said bulkhead the following four courses and distances: South 15° 47' West 204.85 feet, South 86° 37' West 107.73 feet, South 04° 08' West 22.65 feet, North-84° 59' West 43.96 feet; thence North 86° 02' West approximately 53 feet to the western edge of a pier; thence North 03° 34' East with the western edge of the "Lounge" approximately 23 feet to the northwest corner of the "Lounge"; thence with the edge of Broad Creek North 42' 01' West 47.67 feet to grantor's southwest corner; thence North 07° 54' East 110.60 feet; thence North 77° 24' East 73.10 feet to the POINT OF BEGINNING, containing 1.03 acres, more or less, as shown on a map prepared by Herbert J. Nobles, Jr., RLS, dated January 23, 1988, entitled "SURVEYED FOR ROBERT W. COWDEN". Said land was conveyed to grantor by Wilson F. Whorton and wife, Grace E. Whorton, by deed dated September 30, 1977, recorded in Book 194, Page 63, Pamlico County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Robert W. Cowden, and his heirs and assigns, in fee simple forever. PAMLICO COUNTY 08-26-91 $ 3164 .. 00 STATE OF NORTH pUNA Real Estate Excise Tax BOOK 291 orE 349 And grantor, for itself, its successors and assigns, covenants with grantee and his heirs and assigns, that it is seized of said premises in fee; that it has a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever, except those hereinabove stated; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, grantor has caused this deed to be signed in its name by its President, attested by its Secretary, and its corporate seal to be affixed, the day and year first above written. OUND ACK NGZ2By: ��Lc., Robert W. Cowden, President ATTEST: �v 1. 4 r+ nQ , �✓ y�///�/n7/ 1 1/'ynJ �Pr,i Maurice W. Benton, Secretary NORTH CAROLINA PAMLICO COUNTY I, Teresa Faye Lane, a Notary Public in and for said county and state, do hereby certify that MAURICE W. BENTON personally came before me this day, and being by me duly sworn, acknowledged that he is Secretary of SOUND PACKING CO., INC., a North Carolina corporation, and that by authority duly given and as the act of said corporation, the foregoing instrument was signed in its name by its President, sealed with -its corporate seal, and attested by himself as its Secretary. Witness my hand and official seal/stamp, this 26th day of August, 1993. � ��ubli�c Z Notary My commission expires: June 9, 1998 ���SA. fArE F NOTARY o SEAL I�CO \I- coun"(t PREPARED BY OLLOWELL 8 HOLLOWELL .ArTORN EY5 AT LAW BAY BO RO. NC U515 FJ4 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 0, I hereby certify that I own property adjacent to��� 's 1� (Njrge of Property Owner) property located at tAcx (j 1 v v (Lot, Mock, Road, e c.) (Y . on UZZ'A-, in , N. C. (Waterbody) (Town and/or County) He has described to me as shown below, the development he is proposing at that location, and, I have no objections to his proposal. IPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT jl?b� (To be filled in by individual proposing development) af' L/ 1 O Signature f RE4)rP- i S 1<, 14 Print or Type Name 3-36 K - q-z"q Telephone Number Date: 7y/ 3%q ADJACENT RIPARIAN PROPERTY.' 01VINTER STATEMENT " I hereby certify that I own property adjacent to go b Cacu./-) s (Name oF Property 0,,vner) prop' -'Ft}' located at No yl 0 P O N 1�d , w1 on T66(1y (Lot, BIock, Road, etc.) on _ /990Ap c1le 60' ' , in P/qm 4f C,CJ G% , N.C. (Waterbody) (Town and/or County) He has described to me as shown belo',v, the development he is proposing at that location, and, I have no objections to his proposal. DESCRIPTION ANrDIOR DRAWING OF PROPOSED DEY'ELOPIMEN7 (To be filled in by individual proposing development) IAJY ofillt'mY ,�jlcn2iU"Z � � Print o. Type Nzme C5 - Telep`io-e Number Date: -29-