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HomeMy WebLinkAboutRET 21-01 DombroskiROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director File Note: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Gregg Bodnar, DCM Assistant Major Permit Coordinator Retiring CAMA Application for Anthony Dombroski 12/8/21 This application has been retired due to a revised application being authorized under CAMA Permit 17-21. D � North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400Comm erce Avenue I Moorehead City, North Carolina 28557 owmokmmeomoomoo,.iw.oy 252:808.2808 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New. 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MW, ft-0-r - Ye k P SW( off W) lase W@WT- ( AC, MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicatidn, — nthony Dombroski, New Hanover County Date: June 3, 2013 This project is consistent and not in conflict with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant is proposing to construct a single-family residence with associated § 404 wetlands impact and a private docking facility. The project is located at 1632 Soundwatch Drive, adjacent to Everett Creek/AIWW and Myrtle Grove Sound in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are CW, OR, EW and PT. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Wilmington -New Hanover County allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. Cc: File Received MAY 20 2016 DCM Coastal Management ENVIRONMENTAL OIIALITY January 25, 2016 ATD Construction c/o Anthony Dombroski, III 2900 Middle Sound Loop Rd. Wilmington, NC 29411 Dear Mr. Dombroski: PAT MCCRORY Gowmor DONALD R. VAN DER VAART BRAXTON DAVIS Davelor This letter acknowledges your email sent on 1/24/16 in which you indicated that you wish to place your CAMA Major Permit application in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7302, or by e-mail at heather.coats@ncdenr.gov. Cc: Doug Huggett Wilmington Files Sincerely, X Heather Coats Assistant Major Permits Coordinator Nothing Compare' RECEIVED JAN 27 cpfS DCM- MHD CITY State of North Carolina I Envaonnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Iw- Coats, Heather From: Sent: To: Subject: Morning Heather, Bodnar, Gregg Thursday, April 14, 2016 10:48 AM Coats, Heather RE: 1632 Sound Watch Removal of the lift and floating dock has eliminated the potential for impact to PNA. I have no issues with the plans for the proposed dock described here. Thanks, Gregg From: Coats, Heather Sent: Thursday, April 14, 2016 10:13 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: 1632 Sound Watch Hi Gregg, Rudi has come back with a new design that eliminates the lift and float, but has a step-down for "loading and unloading". Please let me know your comments on the new design when you can. Thanks, Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats cDncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 !'Nothing Compares.-..0 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rudy Dombroski [mailto:rudy@atdbuildina.coml Sent: Thursday, April 14, 2016 6:49 AM To: Mairs, Robb L <robb.mairs@ncdenr.aov>; Coats, Heather <heatheccoats@ncdenr.gov> Subject: 1632 Sound Watch Robb/ Heather Please take a look at the alterations I have made to the dock, retaining wall, drainage, and foot print of the project. Once you have reviewed and approved what agencies do I need to send these out to? My wetland disturbance has been reduced so I think I am good there. My dock size and layout has changed so I need to address that. Do I need to re submit my MCP's? I would like to go ahead and send this out to Tyler for his approval on the dock layout, building footprint, and new drainage plan. I would also like to send it to Jim at NHC engineering to show the reduction of the retaining wall that was requested to help with drainage for the Bostick's. Also I need to send it to Beth at NHC storm water as she has some concerns about a basin being located on the property per the original storm water plans. I do not think the basin is necessary and I do not think Tyler wants the basin as it is in the Coastal Wetlands. Please let me know if it is ok to send to these parties directly or if they need to go through the proper channels. Sorry I have taken a while to get back to you but I only get a chance to work on this project when I have time. Please let me know your thoughts as soon as you get a chance. If everything looks ok I will send the changes to Danford and Associates Surveying and have them alter pages 1 through 7. Thank You, Rudy Dombroskj ATD Construction www.atbuilding.com rudv@atdbuilding.com Cell: 910-620-3263 Office: 910-681-0801 Fax: 910-338-3232 �r Z' Coats, Heather From: Ken Carter <ekc8397@gmail.com> Sent: Monday, May 02, 2016 9:41 AM To: 'Smith, Ronnie D SAW'; Wilson, Debra; Beter, Dale E SAW; Coats, Heather; Crumbley, Tyler SAW; Dahl, Kyle J SAW; Mairs, Robb L Cc: 'Brian Bostick' Subject: FW: 1632 Sound Watch Attachments: Page 08 of 10.pdf; Page 09B of 10 (Smaller Dock).pdf; Page 10 of 10.pdf; INTRACOASTAL WATCH LOT 8-404 IMPACT MAP -sheet 4 of 10.pdf; INTRACOASTAL WATCH LOT 8-SITE PLAN -sheet 3 of 10.pdf; INTRACOASTAL WATCH LOT 8-DOCK-sheet 7 of 10.pdf; INTRACOASTAL WATCH LOT 8-ELEVATIONS-sheet 2 of 10.pdf; INTRACOASTAL WATCH LOT 8-RIPARIAN-sheet 5 of 10.pdf; INTRACOASTAL WATCH LOT 8-RIPARIAN-sheet 6 of 10.pdf; INTRACOASTAL WATCH LOT 8-SITE PLAN -sheet 3 of 10.pdf; INTRACOASTAL WATCH LOT 8-404 JURISDICTIONAL MAP -sheet 1 of 10.pdf; 201604190826.pdf Recently, I received a copy of these communications regarding lot 1632 Sound Watch Dr., Wilmington, NC. Can you tell me the status in the CAMA Major requests Dombroski Construction has submitted. Again, I am also voicing my opposition to the expansion of the upland area that will create a stop rain water from flowing across the lot at 1632 and divert this water onto my property through two culverts running under a raised bridge. Please refer to attachment drawings 4 of 10, 8 of 10, and 10 of 10. The attached drawings clearly show that Dombroski is making no provision to handle the storm water presently crossing the lot but, is expecting the neighbors on both the north and south side of the lot to deal with the additional water that will be pushed to the side of artificial raised area requested. Your update will be appreciated Ken Carter 1636 Sound Watch Drive Wilmington, NC28409 N 340 07', W 0770 52.5' EKC83970DGmail.com Cell: (440) 785-8397 From: Candela, David Sent: Tuesday, April 19, 2016 10:33 AM To: Edwards, Jay Subject: FW: 1632 Sound Watch Jay, I know this was a big issue a couple of months ago. Can we talk about what is going on, I really didn't hear about the final determination, if one was given. Thanks J David Candela, P.E. I Chief Project Engineer Engineering r New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7072 p 1 (910) 798-7051 f www.nhcaov.com From: Wetherill, Beth Sent: Tuesday, April 19, 2016 8:47 AM To: Candela, David Cc: Rudy Dombroski (rudy(Oatdbuilding.com) Subject: FW: 1632 Sound Watch David Rudy Dombroski contacted me yesterday about an old project called Intracoastal Watch GP 56-96. 1 attached a copy of the land disturbing map which is the last attachment above. I believe we may have discussed this project previously. This project has an old pre/post requirement from Planning that required the 3 lower lots below the subdivisions infiltration device to have infiltration on each lot. He is asking questions about it as he thinks it may be in the wetlands. I don't know who he is dealing with at the Corps. I don't know that it matters where the device is installed but that the water from all the impervious surface should drain to it unless the regulations have changed. I told him you or Phil Tripp might be able to assist him. Thanks Beth Beth Wetherill I Engineering Specialist Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7432 p 1 (910) 798-7051 f www.nhcgov.com From: Rudy Dombroski [mailto:rudy(ulatdbuilding.com] Sent: Monday, April 18, 2016 4:43 PM To: Wetherill, Beth Subject: 1632 Sound Watch Beth I am at the last phase of this project finally. Would please take a look at the attached drawings and let me know what we need to do to satisfy storm water. Putting in the basin is not a problem but I am getting resistance from the Corp of Engineers as the basin that we are looking at is in the wetlands. I am not sure if it is 404 Wetlands or Coastal. I know if it is Coastal Tyler Crumbley at the Corp will not allow but I think it is 404 which he is not a big fan of either due to its location so close to the marsh. Please let me know your thoughts. I have attached my latest drawings for pages 7-10 and the older drawings pages 1-6 from Danford and Associates. I will have them update 1-6 once we get approval of 7-1.0 in an attempt to save them from changing drawings over and over. For now 1-6 are good for wetland locations and surveying. Please let me know your thoughts. Thank You, Rudy Dombroski ATD Construction www.atbuilding.com rudy@atdbuilding.com Cell: 910-620-3263 Office: 910-681-0801 Fax: 910-338-3232 Coats, Heather From: Rudy Dombroski <rudy@atdbuilding:com> Sent: Sunday, January 24, 2016 4:43 PM To: Coats, Heather Subject: Re: 1632 Sound Watch Heather May we put this permit on hold until we get these issues resolved? On Fri, Jan 15, 2016 at 5:24 PM, Coats, Heather <heather.coats(a ncdenr.gov> wrote: Rudy, As we discussed, I'm still working on getting clarification from the County regarding the 30' drainage easement on your property and whether a bulkhead/retaining wall is allowable within that easement as currently proposed. Also, I understand you would like additional time to find a resolution to this issue and to redesign your proposed pier/docking facility to address fisheries resource and navigation concerns. If this is the case, please confirm that you wish to place your application on hold until such time that these have been addressed. Thanks and have a great weekend! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 C !/'Nothing Compares.-,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Thank You, Rudy Dombroski ATD Construction www.atbuildin�,,.com com rudy@atdbuilding.com Cell: 910-620-3263 Office: 910-681-0801 Fax: 910-338-3232 Coats, Heather From: lannucci, Jim <Jlannucci@nhcgov.com> Sent: Thursday, January 21, 2016 4:15 PM To: Coats, Heather Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Heather, There is no documentation requiring a swale in the 30 foot easement. I walked the site, checked all of the County records and verified it with the design engineer. The only requirement was for the stormwater infiltration device be placed on lot 8 per the performance subdivision requirements at the time it was approved. The easement appears to be placed on the lot to allow sheet flow across the property. The bulkhead would not be an issue in the easement as long as it does extend into the easement to the point where it blocks flow. Please let me know who needs to be notified. Thanks, Jim Jim Iannucci, P.E. I County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7142 p 1 (910) 798-7051 f www.nhcciov.com From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Wednesday, January 20, 2016 11:46 AM To: Iannucci, Jim Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks Jim. Can you please also weigh in on the proposed bulkhead within the easement? Thanks again, Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(c ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 !-'Nothing Compares.,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: lannucci, Jim [mailto:Jlannucci@nhc�ov.coml Sent: Friday, January 15, 2016 3:17 PM To: Coats, Heather <heather.coats@ncdenr.gov>; Vafier, Ken <kvafier@nhceov.com>; Roberts, Patricia <PRoberts@ nhceov.com> Cc: Mairs, Robb L <robb.mairs@ncdenr.eov> Subject: RE: Drainage easement at 1632 Sound Watch Heather, The easement was recorded in Map Book 46 Page 147 however there is nothing in the State Stormwater Permit requiring a swale within the easement. I did not find anything in the files of Engineering or Planning that require the swale to be installed. The only stormwater requirements placed on the subdivision in the performance subdivision requirements per the Director of Planning Dexter Hayes back when it was approved were for four infiltration areas to be placed on lots 7,8,9 and 10. Therefore I have not located anything that would allow a swale to be placed in this easement per the current regulations. I will make one final check with the engineer that designed the subdivision and then report back to everyone next week. Thanks, Jim Jim Iannucci, P.E. I County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 ,Wilmington, NC 28403 (910) 798-7142 p 1 (910) 798-7051 f www.nhcqov.com From: Coats, Heather[mailto:heather.mats@ncdenr.aov] Sent: Thursday, January 14, 2016 3:17 PM To: Iannucci, Jim; Vafier, Ken; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Jim et al., Just following up on this. Were you all able to make the determination as to whether the drainage easement is still valid and if so, what is needed in regards to the proposed work within the easement? Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats @..ncdenr.00v 127 Cardinal Drive Extension Wilmington, NC 28405 < �^Nothing Compares..—._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Iannucci, Jim [mailto:Jlannucci@nhcgov.com] Sent: Monday, December 28, 2015 3:31 PM To: Vafier, Ken <kvafier@nhcgov.com>; Coats, Heather <heather.coatsC@ncdenr.gov>; Roberts, Patricia <PRoberts@nhcgov.com> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: Drainage easement at 1632 Sound Watch We still need to determine if the drainage easement is still valid and what was required to be placed in it since it was not part of the State permit. If it is determined that drainage easement still exists on the property and there is a drainage conveyance of some kind: The applicant would have to demonstrate that the bulkhead could function as part of the drainage system that is required in the easement. As an example, that would mean that if the bulkhead replaced the 3:1 bank of a swale but - the swale could still carry the required amount of flow and continue to direct the flow in the proper direction it could remain. The applicant would have to be willing to maintain the bulkhead and take on any additional maintenance costs. Jim From: Vafier, Ken Sent: Monday, December 28, 2015 12:17 PM To: 'Coats, Heather'; Iannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks. I'm not an engineer so I'll have to defer to Jim — but it seems like a bulkhead in a drainage easement may be contradictory to the purpose of a drainage easement. From: Coats, Heather[mailto:heath er.coats@ncdenr.gov] Sent: Monday, December 28, 2015 11:4,1 AM To: Vafier, Ken; Iannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks, Ken. Currently, it appears there is a proposed bulkhead shown within the easement area. I'll ask the applicant to revise the plan to relocate the wall outside of the easement, or to coordinate with you all to ensure the work is found to comply with your ordinance. Thanks again and I hope this finds you well! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o)ncdenr.00v 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Vafier, Ken fmailto:kvafier@nhcgov.coml Sent: Tuesday, December 22, 2015 4:27 PM To: lannucci, Jim <Jlannucci@nhcgov.com>; Coats, Heather <heather.coats@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.eov>; Roberts, Patricia <PRobertsCu@nhceov.com> Subject: RE: Drainage easement at 1632 Sound Watch Heather— our ordinance only has one section (accessory structures) where it expressly prohibits development in easements. However, it seems to go against the purpose of what an easement is to allow for development within them —so we would more than likely not permit any structures within them. There could be examples where it might make sense, such as a footbridge or other access, so long as other agencies and offices were ok with it. Hope that helps. Happy Holidays everyone! From: lannucci, Jim Sent: Tuesday, December 22, 2015 10:26 AM To: 'Coats, Heather'; Vafier, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: RE: Drainage easement at 1632 Sound Watch Heather, I have spoken with Robb and the applicant. I am looking into what was recorded, the performance residential subdivision approval as well as any other County requirements that could affect the 30 foot easement or construction on Lot 8. 1 will send out additional information once we determine what was required. Thanks, Jim Jim Iannucci i County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7142 p (910) 798-7051 f www.nhcaov.com Ken Vafier I Planning Manager Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7281 p 1 (910) 798-7053 f www.nhcqov.com From: Coats, Heather[mailto:heather.coatscd)ncdenr.gov] Sent: Tuesday, December 22, 2015 9:29 AM To: Iannucci, Jim; Vafier, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: Drainage easement at 1632 Sound Watch Jim, Robb said he had spoken to you about this yesterday, but can you or Ken please comment on whether you are aware of any restrictions to development within the 30' drainage easement depicted on the attached plat? Please let me know if you have any questions or need any additional information. Thanks in advance and happy holidays! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats()ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 !/ Nothing Compares.-u_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Anthony Dombroski do ATD Construction, Inc. COUNTY: New Hanover PROJECT NAME: 1632 Sound Watch LOCATION OF PROJECT:1632 Soundwatch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-6-15 J FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs To Be Forwarded: n/a To Be Forwarded: n/a r DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: .0 ..Q-- ?1�-- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 11-25-15 J ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE:11-20-15 FEDERAL DUE DATE: 1155N FEE REC'D: $400 y� 1IS 3Z✓ END OF NOTICE DATE: 12-16-15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 12-16-15 ✓ FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON DIbvteTlanlS AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance 112-0M Land Quality Section (DEMLR) I21V(S ,•'` Division of Water Resources (401) 12-I�s ✓ Storm Water Management (DEMLR) 12-l7 1 S State Property Office 12 1 b ($ o n nn1 jn h°Ao' A r % ettsuvu t� Division of Archives & History WI S ✓ Division of Environmental Health 2'�!I �' RECEIVED Division of Highways 11 3 1 S ✓ Wildlife Resources Commission 1 21 (5 Ct1kn f Local Permit Office b�1b 1 S cm— M H D i.I. Division of Marine Fisheries / DCM 1 Z�IS�IS Cu o cc •'nS- ✓ J Corps of Engineers Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: November 20. 2015 Mark Zeigler WiRO Division of Community Assistance PAT MCCRORY Oovemor DONALD R. VAN DER VAART seemmy BRAXTON DAVIS D"Clor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsoC -ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: )i(_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED evL� �.� 7i DATE l S Nothing Compares.` State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 uL Coastal Management ENVIRONMENTAL OIIALIW MEMORANDUM: TO: November 20, 2015 Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Governor DONALD R. VAN DER VAART Se-1-y BRAXTON DAVIS Director FROM: Heather Coats„ Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.aov Fax: 395-3964Courier 04-16-33 SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and 'return 'this -form to -Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Q SIGNED DATE Add 7-4. 2-015 -5:>^Alothing Comparesf. . RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DEC 01 2015 �o /y>y PAT MCCRORY Governor is DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director November 20, 2015 RECEIVE010"R10" MEMORANDUM: NOV 2 3 2015 TO: Chad Coburn Water Quality Regional 401 Wetlands OperatlonsSec't"I Ce DWR - WiRO Wilmington Reg FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsca)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. y01 wee c571177 IEEE REPLY: T is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 6/ RECEIVED DCM WILMINGTON, NC Nothing Compares?. JAN 12 20% State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Water Resources ENVIRONMENTAL QUALITY January 11, 2015 ATD Construction Mr. Anthony Dombroski III 2900 Middle Sound Loop Road Wilmington NC 28411 Subject Property: 1632 Sound Watch Drive - Wilmington PAT MCCRORY GI)Ir,'nw, DONALD R. VAN DER VAART SM1%Y'/J!F S. JAY ZIMMERMAN New Hanover County DWR Project: 07-1979v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Dombroski, /--wean'. You have our approval, in accordance with the attached conditions and those listed below, to impact_ 0.091 acres (3,946 square feet) of 404 wetlands to construct a single family residence and a private docking facility as described within your application received by the Division on December 1, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: hq://aortal ncdenr ore/web/wq/swp/ws/401/certsandpennits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification: If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying RECEIVED DCM WILMINGTON, NC State ofNorlh Carolina I Enviranmental Quality I Water Resources JAN 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 1632 Sound Watch Drive New Hanover County 2007=1979v2 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502). 2. Primary Nursery Area Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 0211.0502(b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303 (d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such. standards or laws are not being met, including failure to sustain a designated or achieved RECEIVED DCM WILMINGTON, JAN 12 M6 1632 Sound Watclf Drive New Hanover County 2007-1979v2 use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the pernuttee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call tsool sss-oars. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http•//mortal ncdenr ore/web/wa/swm/ws/401/certsandi)emiits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any RECEIVED [)CM WILMINGTOR NC .iAN 12 Z016 1632 Sound Watch Drive New Hanover County 2007-1979v2 applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdettena,ncdenr. ov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.CobumCancdenr.gov. Sincerely, Jim ERegionSupervisorWater Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO RECEIVED t9CM WILMINGTON,NO �,,N 12 2015 water Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY u„o, rr,nr DONALD R. VAN DER VAART S. JAY ZIMMERMAN IN"'IOY 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: RECEIVED DCM WILMINGTON, NC JAN 12 2016 State of North Carolina I Environmemal Quality I Water Resources 1611 Mail service Centa I Raleigh, North Carolina 27699-1611 919 707 9000 PAT MCCRORY Governor DONALD R. VAN DER VAART secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director January 4, 2016 MEMORANDUM: E TO: Dan Sams k 4 vvr District Manager DEMLR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: Duke Energy Progress, LLC C/o Kenneth Brooks Project Location: Parcel No. 2511A021, Caswell Beach Road, adjacent to the Atlantic Ocean, in Caswell Beach, Brunswick County Proposed Project: construction of an 80 ft. self -supported communication tower with associated concrete and fencing Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by January 28, 201 & If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ` �� DATE JAI) o ZaIIe Nothing Compares. State of NorN Carolina I Enwonmental Quality I Coastal Management 127 Cardinal Dive En, Wilmington, NC 29405 910-796-7215 DCM WECEIVED ILMINGTON, NC JAN 0 8 2016 Coastal Management ENVIRONMENTAL QUALITY November 20, 2015 MEMORANDUM: TO: 4y' PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats0).ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. r� REPLY: This agency has no objection to the project as proposed. e lam„ of (=D This agency has no comment on the proposed project. �t J�6p.,VuPr Uri This agency approves of the project only if the recommended changes Pt� are incorporated. See attached. eI 5 �✓` � s4 This agency objects to the project for reasons described in the attached Y I comments. 'k3 / s SIGNED DATE RECEIVED DCM WILMINGTON, NC too D E C 1 7 2015 Nothing Compares- �� State of North Carolina I Environmemal Quality I Coastal MarNgement 127 Cardinal Drive Eat., Wilmington, NC 28405 910496-7215 Coastal Management ENVIRONMENTAL QUALITY 4Z PAT MCCRORY Governor DONALD R. VAN DER VAART Secmrary BRAXTON DAVIS Drreclar November 20, 2015 w,. VED MEMORANDUM: NOV `l 3 2015 TO: Tim Walton Dept of Administration Dur State Property Office STATE PROPERTY OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ailncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: �TF s agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE lZ Nothing Compares _ RECEIVED DCM WILMINGTON. NC State of Nonh Carolina I Environmental quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 910-796-7215 DEC 16 2015 0 North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary December 11, 2015 TO: Heather Coats Assistant Major Projects Coordinator FROM: Everette Moore Real Property Agent RE: CAMA/DREDGE & Fill Permit Application Review Applicant — Anthony Dombroski c/o ATD Construction Single Family Residence State Property Office REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIW W easement area. Malling Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleighh�jotIWLI ON, NC An Equal Opportunity / Affirmative Action Employer Web: http://w ncspo.org DEC 16 2015 r- Jr di - PAT MCCRORY limrnav Coamral Management ENVIRONMENTAL QUALITY x.f MEMORANDUM NOV 3 0 2015 November 20, 2015 Renee Gledhill -Early Dept. of Cultural Resources Archives & History DONALD R. VAN DER VAART 14!nft.a BRAXTON DAVIS NR . a-is-2G75 15' j� FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather.coatsOncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project.. contact Robb Malrs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments C, SIGNED �� L tt Q E ! `_ : Ir C DATE RECEIVED DCM WILMINGTON, NC —"�-NothingCompares_7. DEC 0 4 2015 vac of NL h Cmohna kmawlunrntni Watery Cp l hfamgcj rn 127 Cmdmm IhnY Pal . Wdmingtm. NC 2Wi DEC 0 1 2015 910-7%_7 ` 1 t 10 . r& Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: DECEIVED DEC 0 7 2015 DCM- MHD CITY November 20. 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. II K SIGNED DATE I i—ZS .f5 107 Nothing Compares�- State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910496-7215 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: November 20, 2015 Anthony Law NC DOT New Hanover County PAT MCCRORY Gavemnr DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director NUV 2 4 2015 RECEIVED FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats anncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/A1WW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � % -' DATE n z,1 t't� Nothing Compares - .0 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOV 3 0 2015 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Maria Dunn NCWRC For WiRO November 20, 2015 Im PAT MCCRORY Govemor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatso(Dncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c% ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 12 Ii - z�l RECEIVED Nothing Compares. DCM WILMINGTON, NC Slate of North Carolina I Environmental Quality � Coastal Management DEC 21 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 910.7964215 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator - Habitat Conservation DATE: December 17, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Anthony Dombroskie c/o ATD Construction, New Hanover County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1632 Sound Watch Drive (lot 8), adjacent Everett Creek / AIWW and Myrtle Grove Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a single-family residence and pool with associated Section 404 and coastal wetland fill, as well as a private docking facility. To construct the house and pool, 3,946 ftZ of wetlands are requested to be filled within the 575' AEC of the Outstanding Resource Waters of Everett Creek. Water depths. within the area of the docking facility are -0.5' to -1.0' NLW. This area of Everett Creek and Myrtle Grove are classified SA-ORW by the Environmental Management Commission and are designated a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application and is concerned with the cumulative impacts the proposal will have on the aquatic system. Although wetlands landward the proposed development are proposed to be preserved, it appears minimization of wetland impacts could have been demonstrated with the removal or reduction of porches. The filling of these wetlands IVED Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 23M INGTON, NC Telephone: (919) 707-0220 • Fax: (919) 707-0028 DEC 21 203 CMDF_Mthmy Dombmaki Page 2 Dcwmba 17, 2015 is of special concern due to the important functions wetlands perform for adjacent water bodies. The SA-ORW classification of Everett Creek and Myrtle Grove includes a 575' AEC. Activities in this area should be done to preserve the function and quality of the adjacent water body, not compromise them. In addition to the land development, our agency has concern with the proposed private docking facility. We would have minimal concern with a fixed observation dock or kayak launch, but the floating system that would have slips for two vessels in water depths of-0.5- to -1.0' NLW would cause chronic sediment disturbance from prop wash and hull scraping. This waterbody is designated as a PNA that provides important habitat for embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species. Disturbance to this system could be minimized by removing the proposed slips. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mania. dunnna)ncwildlife. ore RECEIVED DCM WILMINGTON, NC OFT 21 2015 Roats,►Heather From: lannucci, Jim <Jlannucci@nhcgov.com> Sent: Friday, January 15, 2016 3:17 PM To: Coats, Heather; Vafier, Ken; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Heather, The easement was recorded in Map Book 46 Page 147 however there is nothing in the State Stormwater Permit requiring a swale within the easement. I did not find anything in the files of Engineering or Planning that require the swale to be installed. The only stormwater requirements placed on the subdivision in the performance subdivision requirements per the Director of Planning Dexter Hayes back when it was approved were for four infiltration areas to be placed on lots 7,8,9 and 10. Therefore I have not located anything that would allow a swale to be placed in this easement per the current regulations. I will make one final check with the engineer that designed the subdivision and then report back to everyone next week. Thanks, Jim Jim lannucci, P.E. I County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7142 p l (910) 798-7051 www.nhcgov.com From: Coats, Heather[mailto:heather.coats@ncdenr.gov] Sent: Thursday, January 14, 2016 3:17 PM To: Iannucci, Jim; Vafier, Ken; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Jim et al., Just following up on this. Were you all able to make the determination as to whether the drainage easement is still valid and if so, what is needed in regards to the proposed work within the easement? Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats at7.ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 !'"Nothing Compares.,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: lannucci, Jim [mailto:Jlannucci@nhcgov.com] Sent: Monday, December 28, 2015 3:31 PM To: Vafier, Ken <kvafier@nhcgov.com>; Coats, Heather <heather.coats@ncdenr.gov>; Roberts, Patricia <PRo berts@ n hcgov.co m> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: Drainage easement at 1632 Sound Watch AW We still need to, determine if the drainage easement is still valid and what was required to be placed in it since it was not part of the State permit. If it is determined that drainage easement still exists on the property and there is a drainage conveyance of some kind: The applicant would have to demonstrate that the bulkhead could function as part of the drainage system that is required in the easement. As an example, that would mean that if the bulkhead replaced the 3:1 bank of a swale but the swale could still carry the required amount of flow and continue to direct the flow in the proper direction it could remain. The applicant would have to be willing to maintain the bulkhead and take on any additional maintenance costs. Jim From: Vafier, Ken Sent: Monday, December 28, 2015 12:17 PM To: 'Coats, Heather'; Iannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks. I'm not an engineer so I'll have to defer to Jim — but it seems like a bulkhead in a drainage easement may be contradictory to the purpose of a drainage easement. From: Coats, Heather[mailto:heather.coats@ncdenr.gov] Sent: Monday, December 28, 2015 11:41 AM To: Vafier, Ken; lannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks, Ken. Currently, it appears there is a proposed bulkhead shown within the easement area. I'll ask the applicant to revise the plan to relocate the wall outside of the easement, or to coordinate with you all to ensure the work is found to comply with your ordinance. Thanks again and I hope this finds you well) Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Vafier, Ken [mailto:kvafier@nhceov.com] Sent: Tuesday, December 22, 2015 4:27 PM To: lannucc!, Jim <Jlannucci@nhcaov.com>; Coats, Heather <heather.coats@ncdenr.eov> Cc: Mairs, Robb L <robb.mairs@ncdenr.aov>; Roberts, Patricia <PRoberts@nhceov.com> Subject: RE: Drainage easement at 1632 Sound Watch Heather — our ordinance only has one section (accessory structures) where it expressly prohibits development in easements. However, it seems to go against the purpose of what an easement is to allow for development within them —so we would more than likely not permit any structures within them. There could be examples where it might make sense, such as a footbridge or other access, so long as other agencies and offices were ok with it. Hope that helps. Happy Holidays everyone! From: lannucci, Jim Sent: Tuesday, December 22, 2015 10:26 AM To:'Coats, Heather'; Vafier, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: RE: Drainage easement at 1632 Sound Watch Heather, I have spoken with Robb and the applicant. I am looking into what was recorded, the performance residential subdivision approval as well as any other County requirements that could affect the 30 foot easement or construction on Lot 8. 1 will send out additional information once we determine what was required. Thanks, Jim Jim Iannucci I County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7142 p 1 (910) 798-7051 f www.nhcoov.com Ken Vafier I Planning Manager Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7281 p 1 (910) 798-7053 f www.nhcciov.com From: Coats, Heather [mailto:heather.coats(a ncdenr.00vI Sent: Tuesday, December 22, 2015 9:29 AM To: Iannucci, Jim; Vaf!er, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: Drainage easement at 1632 Sound Watch Jim, �J Robb said he had spoken to you about this yesterday, but can you or Ken please comment on whether you are aware of any restrictions to development within the 30' drainage easement depicted on the attached plat? Please let me know if you have any questions or need any additional information. Thanks in advance and happy holidays! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 -% Nothing Compares.-..... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. MEMORANDUM: TO: RECEIVED DEC Q 2 2915 November 20, 2015 Patricia Roberts LPO New Hanover Co. to PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa)ncdenr.gov Fax: 395-3964 {Courier 04_16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. if you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes , are inqorporated. See attached. Neer? F'71'l 4W4A-2&A0/( M ageO , � F'Ige' weG� This agency objects to the project for reasons described in the attache comments. SIGNED/ ��.,,. DATE /' i /'Nothing Compares... State of North Carolina I Envhnmenml Quality I Coastal Management 127 CardiaA Drive FNL, Wdmingmu, NC 28405 910-796-7215 Coats, Heather From: 'lannucci, Jim <Jlannucci@nhcgov.com> Sent: Monday, December 28, 2015 3:31 PM To: Vafier, Ken; Coats, Heather; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch We still need to determine if the drainage easement is still valid and what was required to be placed in it since it was not part of the State permit. If it is determined that drainage easement still exists on the property and there is a drainage conveyance of some kind: The applicant would have to demonstrate that the bulkhead could function as part of the drainage system that is required in the easement. As an example, that would mean that if the bulkhead replaced the 3:1 bank of a swale but the swale could still carry the required amount of flow and continue to direct the flow in the proper direction it could remain. The applicant would have to be willing to maintain the bulkhead and take on any additional maintenance costs. Jim From: Vafier, Ken Sent: Monday, December 28, 2015 12:17 PM To: 'Coats, Heather'; Iannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks. I'm not an engineer so I'll have to defer to Jim — but it seems like a bulkhead in a drainage easement may be contradictory to the purpose of a drainage easement. From: Coats, Heather[ma iIto: heather. coats@ncdenr.aov] Sent: Monday, December 28, 2015 11:41 AM To: Vafier, Ken; lannucci, Jim; Roberts, Patricia Cc: Mairs, Robb L Subject: RE: Drainage easement at 1632 Sound Watch Thanks, Ken. Currently, it appears there is a proposed bulkhead shown within the easement area. I'll ask the applicant to revise the plan to relocate the wall outside of the easement, or to coordinate with you all to ensure the work is found to comply with your ordinance. Thanks again and I hope this finds you well) Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(a)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 M Coats, Heather From: Vafier, Ken <kvafier@nhcgov.com> Sent: Tuesday, December 22, 2015 4:27 PM To: lannucci, Jim; Coats, Heather Cc: Mairs, Robb L; Roberts, Patricia Subject: RE: Drainage easement at 1632 Sound Watch Heather— our ordinance only has one section (accessory structures) where it expressly prohibits development in easements. However, it seems to go against the purpose of what an easement is to allow for development within them —so we would more than likely not permit any structures within them. There could be examples where it might make sense, such as a footbridge or other access, so long as other agencies and offices were ok with it. Hope that helps. Happy Holidays everyone! From: Iannucci, Jim Sent: Tuesday, December 22, 2015 10:26 AM To:'Coats, Heather'; Vafier, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: RE: Drainage easement at 1632 Sound Watch Heather, 1 have spoken with Robb and the applicant. I am looking into what was recorded, the performance residential subdivision approval as well as any other County requirements that could affect the 30 foot easement or construction on Lot 8. 1 will send out additional information once we determine what was required. Thanks, Jim Jim Iannucci I County Engineer Engineering New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7142 p 1 (910) 798-7051 f www.nhcaov.com Ken Vafier I Planning Manager Planning & Inspections - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7281 p 1 (910) 798-7053 f www.nhcaov.com From: Coats, Heather[mailto:heather.coatsc&ncdenr.00v] Sent: Tuesday, December 22, 2015 9:29 AM To: Iannucci, Jim; Vafier, Ken Cc: Mairs, Robb L; Roberts, Patricia Subject: Drainage easement at 1632 Sound Watch Jim, Robb said he had spoken to you about this yesterday, but can you or Ken please comment on whether you are aware of any restrictions to development within the 30' drainage easement depicted on the attached plat? Please let me know if you have any questions or need any additional information. Thanks in advance and happy holidays! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heath a r. coatsla2ncde n r. aov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY November 20, 2015 fxZ PAT MCCRORY cavern, DONALD R. VAN DER VAART SeaNary BRAXTON DAVIS Awl.Y TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatse().ncdenroov Fax: 395-3964 (Courier 04-16.33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. ,IQS ��°jx�sY This agency objects to the project for reason escribed in the attached comments.�p cu�Hwt iS {or t-cColvw �Gc . SIGNED DATE tZ�s/lam RECEIVEQ DCM WILMINGTRECEIVED <i^Nothing Compares% Stale of North Carolina I Hnviroemental Quality I Coastal Management 127 Cardinal Drive tau„ Wilmington, NC 28405 910-796-7215 DEC 1 512015 NOV 3 0 2015 DCIV, "; XC .iTY PAT MCCRORY ct� DONALD R. VAN, DER VAART . - - .Safmlary BRAXTON DAVIS CoastdIManagement - E VIRONNENTALOUALITY Dinvor MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM; Gregg Bodnar;IDCM Fisheries Resource Specialist SUBJECT: Anthony Dombroski DATE: 12/15/2015 A North Carolina Division of Coastal Managemen subject permit application for. proposed actions I Proposes to construct a fixed pier, covered piatft Surrounding waters are classified i s primary nur: resource waters (SA-ORW) and•are closed toshel depth at'the proposed site is -0.5ft to -1.0ft at' no M),Fish'eries Resource Specialist has reviewed the npact fish and fish habitats. The applicant looting dock; finger pier and a boat lift. rea{PNA), ibie to'su`pportshellfish/outstanding iarvest by NC;Division ,of Marine Fisheries. Water low water (N LW).. PNAs are estuarine waters where initial post larval'development occurs. 'Species within this area are early post -larval fo juvenile and include finfish, crabs; and shrimp: Species inhabit - PNAs because they afford food, protection, and proper environmental conditions during vulnerable, periods of their life history, thus protection of these areas'are.imperative. Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in the."sediment which can kill benthic invertebrates;.and'reducethe availability'of shallow bottom habitat during low tide. Forrhalized,"slips in shallow water can alloilvvessels-to' repeatedly contact the bottom,,resulting in; aquatic vegetation or shellfish' bed loss; anoxia in the sediment which can kill benfhic invertebrates an reduction shallow bottom habitat during low tide.. In addition, vessels moving to'and;from,these shallow water docks can cause direct imp'act.to the PNA through propeller disturbance or "prop kicking".. Though the two piers on either side of the applicants property do have'structures comparable to those proposed by' the applicant, they were constructed prior to the 2009 depth limitations for structures in PNA- habitat. Therefore I object,to the project, as. proposed, due to the shallow depths at on site that would result in significant adverse impacts to the,PNA from both the floating dock and the boat lift. If the applicant modified the project to remove the floating dock and boat lift and proposed an observation pier with .a step down'kayak launch for acce'ss,.then 'I would remove my. objection. Contact Gregg Bodnar.at.(252).80&2808.ext.-213-orRreae.bodn4rOncdennizov with further questions- . _or concerns.. _.- _ -_ -_... .. .. - ,it ; , nothing Compares Slate or NorthCorohna I Envnbrunentel Quality l Coeatal Ma,j0&, eat . 400 Commeica Ave I Morehead Ciry,Noah Carolina 28557. _ , 2552-809.2808 .. . PAT MCCRORY iGovernor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAMS Director MEMORANDUMNovember 20, 2015 lU/ 1� @ &Y fl : Ul np( �� oN Nov 2 3 2015 TO: Heidi Cox Environmental Epnpgineer WIRD p �clon of We��ppces Pub ater ly FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa),ncdenr.,qov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek /AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: A This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A(Lq&(� DATE ( 1 I2 � I 1 �) Nothing Compares" RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dme Exl., Wilmington, NC 28405 910-796-7215 DEC 01 2015 ®� 04G10/02 WED 11:33 VAX Z 001 : U 0 Complete-i4ertts.1. 2, aL%d 3:'.Vso complete (: -., A:• Signature . atbir:ciP.ett:icfod'Delivsr,•:is:desirrJ.;,'. '.�/ • '❑Agent -4. Piint Your game -end addiessnri the iev6rsi'. �•'::: f :::':'' '0 �derareee .. so that.we cAn. retumaha card to you. ,'..I : 6. Aaceiv • 'hy(Plnferl vamcl'+� c. D;te of Dolivery 4: Aileo110'iis cacti tc the,bacR-o 16 risr. ,,.; - - o on.lhe front:itspacv permits: .. 4,�_� �� ~ Y K 1,grUde?:;Crc7,'.ed cc>.. ;fJ., le delivery address diffareut tram ilGm:17'❑Yes sm YE's . II ; eiver'daiWiy address ' w: ❑ No rev �. service Type ❑ Csrllfi3d Maii. Q ixPrFs Id�A - n !� ❑ laecjistared Relurn Raoeipl for MormaocliSe ❑ Ilisumd Mull (_l C.O.D.' .�.,..._ ., .. ... �. "� : �• 4. IriCled Ikaivary? (G;ra Fee) ' ❑ -iu '((i•.vG(Clbom K.vlce labeQ .�..�. ..':�.. :: ��:.,:., )c..,. :. PS form 3811, August 2001 . Domestic Rotum Receipt 102s95.01-1.1-2599": :n,x :7..1:$.;r ;: a�Js '•:ro=yry,c,,. _:•y•;:;; y...•yxr:.•::�,• ,SC� .._ . 04�10/02 WED 11:34 FAX i 1@ 002 CuLiVTY OF NEW HANOVER, NORTH CAROLIINA ORDER GRANTING APPEAL ZBA-676 The Board of Adjustment for the County of New Hanover, held a public hearing on August 28, 2001 to consider application number ZBA-676, submitted by Mr. Ricard T. and Mrs. Diane M. Gray. (hereinafter''`the Appellants"). Said application consisted of a request for the Board to hear an appeal of a determination by New Hanover County Zoning Enforcement concerning the consistency of a proposed private docking facility with Special Use Permit S-429, issued by the New Hanover County Board of Commissioners, and also that the appeal was time -barred. The Appellants own Lot #8 in the Intracoastal Watch Subdivision, which is 1632 Sound Watch Drive. Having heard all the evidence and arguments presented at the hearing. the Board makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: FINDINGS OF FACT The Appellants own one of three waterfront lots in the Intracoastal Watch subdivision. 2. A Special Use Permit was approved by the County Commissioners on July 13. 1998, and said Permit allowed the developer of the subdivision, Daclar, Inc., to construct a ten -slip community boating facility for this 19-lot subdivision. 3_ There has been no evidence presented that the owners of the Appellants' lot at the time of the Special Use application process, participated in said application. 4. The County Zoning Department received. in the spring of 2000. a copy of a Major CAMA permit from the State Division of Coastal Management, for a private docking facility. 5. The determination by the Zoning Department, upon advice from the former Assistant County Attorney, was that the private facility would be a violation of the Special Use Permit. 6. Accordingly, the Zoning Department informed the State CAMA Major Permits Coordinator of said conclusion, and the CAMA Major permit was denied. 7. The Appellants were not specifically notified in writing by the Zoning Department of the conclusion, although the conclusion was referenced in the notification from -1- 04:10/02 WED 11:34 FAX Q 003 the CAMA Major Permits Coordinator. Based upon the preceding FINDINGS OF FACT, the Board hereby renders the following. 1. We are satisfied that the Appellants are not time -barred in this case as they did not receive formal, written notification from the Zoning Department of the decision that their proposed project was inconsistent with the Special Use Permit, therefore, the Board finds that it is appropriate to allow the merits of the case to be heard. 2. Other legal and environmental issues aside, the subdivision in this matter, under the County Zoning Ordinance, could have had as many as 19 boat slips in the community boating facility, though the developer limited that number to 10. 3. The construction of the proposed private dock will bring the total number of boat slips, community and private. to 14. 4. If the owner of lot #8 at the time that the Special Use Application was filed, did not participate in that application, that lot cannot be said to have been included in the Special Use Permit, and is not therefore bound by its terms. We find that the owner did not so participate, and therefore the owner and the lot were not bound by the permit. 5. As the Permit only runs with the land included at the time it was issued. we also conclude that the current owners, the Appellants, are not bound by the special use permit, and therefore are not limited by the number of boat slips included in that permit. 6. The Board is mindful of and comforted by the fact that there are environmental laws and regulations that mill have to be met by the Appellants in order for them to move forward with their proposed project. Based upon the foregoing, the Board hereby orders that the determination by the Zoning Department, that the proposed private docking facility is inconsistent with Special Use Permit #S- 429, is overturned, as the Board finds that the proposed facility is not inconsistent with said Permit. Ordered this the 28' day of August, 2001. -2- 04,/10/02 {RED 11:05 FAX IR 004 Secr tary to the Board Chairman NOTE: If you are dissatisfied with the decision of the Board. an appeal may be taken Lo Ehe Superior Court of New Hanover County within 30 days after the date this Order is served on you. See Section 123-1 of the New Hanover County Zoning Ordinance. -3- Form DCM MP-2 Excavation and Fill 3.a and 3.e. The applicant is proposing to build a wood bulkhead wall enclosing the upland area. It is proposed that 112 feet of this bulkhead wall would separate lot 8 from my property; lot 9.The height of the wall is described to be from 3 to 8 feet in the documents provided. Regardless of the height, the addition of a 112 foot bulkhead wall would create an unattractive addition to the Intracoastal Watch neighborhood and specifically cause irreversible harm to the value and enjoyment of my property. 4.a.(iii) The applicant is requesting to fill 4,100 square feet of 404 wetlands. If approved this would expand an area that is believed to have been created illegally to almost 8,000 square feet. It is believed that the applicant knew this history lot 8 at the time of purchase and there should not be any expectation that there should be any relief as a result of the previous bad actions from a prior owner. Filling additional 404 wetlands could cause irreversible harm to the environmental ecosystem in the coastal wetlands on both of our properties. Additionally, the creation of an "island" building platform 3 to 8 feet high surrounded by 404 wetlands adjacent to my property will have detrimental harm to the value and enjoyment of my home. Form DCM MP-3 Upland Development Information on this form was not verified. Form DCM MP-4 Structures 3.a. & 3.b. Applicant is proposing to build a 432' bulkhead wall surrounding the existing and new upland area. Wooden bulkhead walls are inconsistent with the development of residential lots in the Intracoastal Watch Development. The construction of the bulkhead wall will create an unattractive wooden separation between lots 8 and 9. The construction of the bulkhead wall will have a detrimental impact the value and enjoyment of my home. The applicant is proposing to build a three story 6,600 square foot home on top of the raised upland area. 4.a. The applicant is proposing to fill in an additional 4,100 square feet of wetlands moving the uplands 20 to 30 feet closer to my property line and surround the upland area with a wooden bulkhead. By changing the topography of the lot in such a drastic way and pushing a sharp rise 5 feet off of my property line is inconsistent with the aesthetics in the Intracoastal Watch Development and will cause irreversible harm to the value and enjoyment of my property. Form DCM MP-5 (Bridges and Culverts) The applicant is proposing to build a bridge with culverts across wetlands on a deeded easement to access lot 8. The proposed bridge will extend 36 feet with a width of 12 feet. TheddrMQ DCM WILMINGTON, NC DEC 0 12015 fr have 2 culverts. My objections to the proposed bridge are with the placement of the culverts; both are shown to open on my property, and the facing of the bridge with a wooded bulkhead wall. Culverts should open onto lot 8, which is the natural low point. The bridge itself should be blended into the existing landscape with sloping walls covered with sod and other vegetation. Sloping bridge sides will prevent a harsh separation`between my side yard and the coastal wetlands immediately behind the bridge driveway. Sloping vegetative covered side walls would be consistent with previous solutions used within Intracoastal Watch and would be aesthetically more attractive. The culverts are required to allow lunar or wind tides to reach this coastal wetland area that the proposed bridge will cross. In this area Cattail and other coastal wetlands plant species presently exist. purchased understanding the challenges and limitation to constructing a home on the property due to the remaining wetlands surrounding the upland area. Now the new owner is applying to almost double the existing upland area by covering an additional roughly 4,000 square feet of 404 wetlands with "new" fill. The total fill area of almost 8,000 square feet is proposed to be enclosed by an 8 foot high wooden bulkhead wall. This would create an 8 foot high island protruding from the remaining wetlands. (See elevation plan 8/10 submitted by the applicant) This area regularly is flooded by storm water runoff from the neighborhood. This is partially as a result of the initial illegal action that created the first upland area. The original fill creating the existing upland area changed storm water flow. The natural contour of lots 8 and 9 is to slant down towards the swale that exists on the south side of lot 8. When the upland area was created, water was prohibited from flowing to the swale and the upland began to funnel storm water between lots 8 and 9. At times this appears as small creek moving water from the neighborhood, between the two lots, to the waterway. Adding additional uplands, moving the uplands 20-30 feet closer to my property and adding a 112 foot bulkhead wall between the two properties will increase this damming impact, prevent additional storm water from naturally flowing south to the swale and will divert more water onto my property. The application also shows the proposed upland would be enclosed with a 432 foot long 8 foot high wooden bulkhead wall. (Elevation page 8/10). This wall is shown to be positioned 5 feet from my property line and will have a length of over 110 feet separating the two lots. There are many reasons the request to build an 8 foot high wall should be rejected. Principally, an 8 foot by 110 foot structure on the side of my property will have lasting detrimental impact to the value and enjoyment of my property. The structure will cause additional damming of storm water trying to flow towards the swale on the south side of lot 8. The height of the wall will shade my property damaging vegetation and causing increased damp areas that will not dry. A bulkhead enclosed building lot is not consistent with the neighborhood and does not aesthetically fit. There could be additional environmental concerns regarding building an upland area of almost 8,000 square feet. If the bulkhead wall is lowered to one of the other stated heights found in the application the detrimental impacts do not change. The construction of a private use dock is inconsistent with the intent of neighborhood provided amenities that include a community pool, tennis court, clubhouse and dock. At the time of purchase residents, including me, were told that the 3 waterfront properties, in an agreement with CAMA, obtained approval for the community dock by relinquishing rights to build private docks. These statements were supported by the fact that the community dock spans portions of the three waterfront lots within Intracoastal Watch. This belief entered into my purchase decision. A change would have a detrimental impact to value and enjoyment of my property. The proposed dock construction would encroach on a neighborhood access way (5.g.) and minimum set -back. The community dock has existed for some years and use of the waterway in front of lot 8 has been well established. Approval of the dock would not only have a detrimental impact to the value and enjoyment of my property and but also to all property owners in the Intracoastal Watch community. 9 C Submitted by: Ken Carter, 1636 Sound Watch Drive, Lot 9, Wilmington, NC, 28409, 440-785-8397 RE: CAMA Major Permit request - 1632 Sound Watch Dr. Lot 8 Intracoastal Watch The Request: The applicant wishes to double an existing upland area, enclose this area with a wooden bulkhead wall, build a bridge with culverts to access the upland area and construct a private use dock. My Objections: As the owner of the adjacent Intracoastal Watch property, lot 9, 1 am vehemently opposed to the creation of any additional upland area beyond what is required to access lot 8 across the deeded easement. I am opposed to the construction of any bulkhead walls that would be visible from my property. I object to the proposed private docking facility that would encroach into an established community dock navigation area, is inconsistent with the spirit of the neighborhood development and would block sight views from the community dock gazebo. These objections are based on: 1. A significant adverse effect on the value and enjoyment of my property. 2. A significant adverse effect on coastal wetland ecosystem shared by both properties. 3. A significant adverse effect on storm water flow. 4. A significant adverse effect on the value and enjoyment of the community dock and the value of the properties of slip owners who would be adversely affected by the proposed dock. Comments on documents received: DCM MP-1 Application for Major Development Permit 4. a. Site Description —Total length of shoreline is shown to be 148.67'. This is incorrect according to the survey which shows 101.71'. S.d. The application proposes the construction of bulkhead retaining walls circling the enlarged upland area and a private use dock. The existing upland area on lot 8 was created when a previous owner illegally and without filing for permit dumped many truckloads of soil on 404 wetlands. These actions were stopped by the Army Corp. of Engineers. Working with a number of agencies a compromise exception was made that left over 4,200 square feet of uplands in the center of lot 8 as a building site. During the recent purchase transaction the present owner asked the seller to obtain a set -back variance as condition of the purchase. At that time a 2,200 square foot home footprint was used showing the position of the home on the existing upland footprint. Again, an exception was granted and lot 8 was RECEIVED DCM WILMINGTON, NC DEC 0 12015 Mairs, Robb L From: Ken Carter <ekc8397@gmail.com> Sent: Saturday, November 28, 2015 8:40 AM To: Mairs, Robb L Cc: Roberts, Patricia; Jay, Frye, Jennifer S SAW Subject: 1632 Sound Watch - Major Development Permit - Questions Happy Thanksgiving. Now that the holiday is over I will have more time to go through ATD's Major Development Permit for 1632 Sound Watch prior to us meeting. As we discussed last week, I believe the increase in size of the illegally created existing upland area as proposed and the building of the dock will cause irreversible damage to the value of my property. In preparation for me to meet with you, I was hoping that you could help me understand parts of the proposal focusing on the elimination of 4,000 square feet of 404 wetlands. This would double the upland size for which I have been told was uplands created on 404 wetlands illegally and without permit. ATD's cover letter requested that concerns and questions be directed through you. I will also attempt to gather as much of the historical records as possible on this property. If you have anything to add to how 1632 gained the existing upland, I would appreciate getting that information from you. It looks like the applicant is planning to build a 3 story home with 2,200 square feet on each floor. If the first floor is garage space only, the 2nd and 3rd floors will enclose 4,400 square feet of living space. To position this home ATD is requesting to double the existing upland area. This will cover roughly 4,000 square feet of additional 404 wetlands with fill. The "new" fill will move the existing uplands 20 to 30 feet closer to my property taking in the existing tree line. I am confused on the height of the new uplands. The cross section plan submitted page 8/10 shows the grade at the home to be 8 feet higher than the existing grade. In the cover letter the bulkhead is described to be a maximum height of 3 feet. If the new uplands are surrounded by a wooden bulkhead to reach the housing grade, as proposed, would this not create an 8 foot wall within 5 feet of my property line that will stretch over 100 feet? Or, is the applicant planning on a steep grade from the 3 foot wall up to the 8 foot housing level. Your clarification is requested. To access the island all of this fill and bulkhead will create, the applicant is proposing a soil bed bridge surfaced with concrete rising from the existing shared driveway across a deeded easement. Will this also need to rise to the 8 foot height proposed for your first floor? I note the plans commented on page 8/10 the upland bulkhead retaining wall is being located 5 feet from the property line to maintain storm water drainage. However, the proposed culverts to handle the storm water flow are positions to direct water onto my property and not at the low point that is clearly on the applicants property. Do you know if the applicant is planning on building up the 5 foot stripe between our properties to push more water onto my yard? You help to understand why the culverts are located so high from the low point between the properties is requested. I am continuing to research the dock request. It is my understanding that the 3 waterfront lots located in the Intracoastal watch community relinquished the rights to build separate private docks to gain approval to build a community dock. This is supported in part by the fact that the community dock's width spans parts of each of the 3 properties. Each of the three lots received a slip on the community dock. My understanding is that a previous owner sold the slip obtained during this transaction to another homeowner in the association without any consideration regarding the future construction of a separate private dock. I am continuing to research but, if you have anything that you can add your help would be appreciated. Please keep in mind that ATB Construction company should not be allowed to plead any hardship reasons for this request. They are professional developers, they had the seller requested and receive a set -back variance prior to purchasing the lot and used a housing footprint to demonstrate the need for the set -back. Now, they are requesting a drastic change to the property that will irreversibly change the storm water flow and potentially the ecosystem within the wetland bog that our properties share and lower the value of my residence. Your help to get to me the contacts at the agencies that will review the application will also be appreciated. Ken Carter 1636 Sound Watch Drive Wilmington, NC 28409 N 340 07', W 0770 52.5' EKC8397@Gmail.com Cell: (440) 785-8397 12/16/15 Rob Mairs, Manager-CAMA Rudy Dombroski, Developer Patricia Roberts, Zoning Compliance Engineer Jim lannaucci, County Engineer We have several unaddressed issues that have led to our request that the CAMA permitting process be placed on hold until they can be answered. We have requested clarity to ensure the responsible development of the property in accordance to the county, state and federal laws. In reviewing the documentation our remaining unanswered questions and requests are as follows: 1. Given the history of the property and inconsistent use of the correct riparian corridor survey by CAMA, we request that the property be surveyed BEFORE and AFTER dock completion to ensure it does not encroach within our riparian corridor OR 15 foot set -back based on the CORRECT survey. (Please note, we are also required to complete this task via CAMA.) Additionally, we do not agree to any floating watercraft in the 15 foot setback area. 2. Provide documentation of installation the 30 foot storm water easement on the entire length of the south end of the property. Given the current documentation, it appears a bulk head is being proposed in the storm water run-off area. This is inconstant with the original property plans (approved through the county)and an alteration that will significantly impact our property. This was a required easement for the neighborhood and should be installed in accordance to the original approved County plans. We have been assured that this would be completed in the permitting stage of the property. Please adjust plans to reflect that the neighborhood and property storm water are being addressed. 3. When was the last property survey completed? We received several email documents and this is unclear. Can you specify and advise if current markers are a valid representation of the property lines? There were plans to walk to property last Saturday. Apparently, they did not materialize. Has an alternate date been set? Please note, we are not in disagreement to the development of the property. We have been supportive of this process. We are being forced to address this issue due to the imminent impact of the water runoff on our property. Currently the proposed design has doubled the uplands in the current 404 wetlands. Those wetlands are created from the neighborhood run off. Without a plan in place, you will be diverting the water into our preserved wetlands and onto our yard, thus shifting more wetlands to our property. This will result in potential flooding of our house and a significant financial impact on us. At the very least, we will be required to build a bulk head around our property to try to protect it. The damage that will incur to the wetlands area will be significant. Help us avoid mistakes that can easily be rectified if all parties are included in this process. Rudy, we do appreciate you emailing this information to us on 12/4/15 (at the request of Patricia Roberts). We are not sure why we would not be included in the notification process and why CAMA chose not to provide our correct address. Please help us. Sincerely, Brian & Alysa B stick Homeowners: 6325 Myrtle Grove Road, 28409 RECEIVED DCM WILMINGTON. NC DEC 15 2015 Coats, Heather From: Mairs, Robb L Sent: Thursday, December 10, 2015 8:42 AM To: Coats, Heather Subject: FW: 1632 Sound Watch Drive CAMA Applications Fyi. From: Jay Edwards [mailto:secretbeach@me.com] Sent: Thursday, December 10, 2015 8:21 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: 1632 Sound Watch Drive CAMA Applications Robb Mairs, Field Representative NC Dept. of Env. Res. and Natural Resources The Intracoastal Watch HOA Board of Directors has the following concerns with the proposed development of 1632 Sound Watch Drive: 1) The development of the 4,000 sqft upland area with the additional 4,230 sqft (8,230 total) upland area by installing a 3' retaining wall needs explanation. A benchmark is needed showing the elevation of both the existing water front properties (at the corners of their structures) in relation to this proposed retaining wall. To elevate this property above the existing water front lots is not a consistent elevation for our community, especially given the illegal dumping of fill dirt by the a prior owner already raised this elevation. Is the proposal is to raise it even more? 2) The Intracoastal Watch Community has a community pier which crosses the riparian corridors of all 3 water front properties. When owners purchased homes with lifts from the developer we were told there were no additional docks to be installed across the waterfront. The community dock was designed with the boats accessing the lifts parallel to the intracoastal waterway because of this. The existing lifts are easily capable of 25' plus boats. this proposed pier limits the use of all of the lifts on the southern side of the community dock. If this pier can be permitted, the 15' setback on each side of a riparian corridor would provide 30' setback between piers. This proposal indicates 25'. We need to know what is a safe separation from docks? We are meeting with ATD to discuss our concerns and would appreciate your input. The community has an issue with an existing storm water plan on this property. Partly due to actions (or inactions) of the original developer and partly due to the actions of the prior owner. The improvement of an existing 30' drainage easement would address some water movement on this parcel. We do understand the difficulties with this parcel and will work with all involved agencies and property owners for protection of the environmental assets and property values. Jay Edwards Intracoastal Watch HOA (910)512-7488 Coats, Heather From: Ken Carter <ekc8397@gmail.com> Sent: Sunday, January 10, 2016 2:01 PM To: Mairs, Robb L Cc: Beter, Dale E SAW; Coats, Heather; Crumbley, Tyler SAW; Dahl, Kyle J SAW; Roberts, Patricia; Vafier, Ken; Jay; David Miller; Devon Miller Subject: CAMA Permit Request - Lot 8 Intracoastal Watch - Dock Attachments: 1998_0713 Special Use Permit pg 1.jpg; 1998_0713 Special Use Permit pg 2.jpg; 1999_0518 Olsen Memo - Asst Cc Attorney.jpg; 2010_1020 Tyndall Letter re riparian rights .jpg Robb, over the weekend I have had an opportunity to review the documents in the Associations archives and found the attached. These documents support the fact that the FICA intended the Community Dock to be the sole docking facility within the neighborhood. Adding an additional dock could jeopardize the health and safety of the community dock owners, principally on the south side of the community dock, and impact the value of those 30 foot slips. Attached are the documents I am referencing. First, a copy of the 1998 Special Use Permit. - • The plans proposed locating the Community Dock roughly in the middle of the three water lots so as to provide room to dock a 30 foot boat and to pose no health of safety hazards to the surrounding docks or properties. We know the Community Dock does span across the riparian boundaries of all three waterfront properties. The proposed dock request will not provide adequate navigational room and will cause concerns to health and safety. The proposed location of the dock would also injure the value of the existing deeded dock slips on the south side of the community docking facility by increasing the difficulty to dock these boats to the limited space. Second, a copy of the 1999 Memo from the Assistant County Attorney reviewing the Special Use Permit. • This review states that the 3 water front properties were owned at the time the Special Use Permit was issued. As consideration the three lots owners received a deeded boat slip on the Community dock. This would allow the three lot owners to enjoy the community dock. For these considerations owners of the three waterfront lots gave -up future rights to build a private docking facility. I have been told one of the previous owners of Lot 8 sold the deeded slip to another property owner in the neighborhood. While they gave up the boat slip, they still have access to the dock's gazebo and the use of the dock as a day dock to load and unload. Third, a letter written by Paul R. Tyndall in October 2010, the previous owner of my home, in opposition to Clarke Speaks, a previous owner of Lot 8, to build a private use dock. • I refer you to the final paragraph "Furthermore, it is my understanding that the riparian rights Lot 8 (Speaks), Lot 9 (my property) and Lot 10 (Frankel) were combined to allow the construction of the existing 10-slip dock for the community. As such, I do not believe Mr. Speaks has any riparian rights pursuant to which he can construct a dock." This understanding is consistent with all of the community with whom I have spoken and should continue to apply to the existing owners of Lots 8, 9 and 10. I hope that these attached documents will be helpful to you. Ken Carter 1636 Sound Watch Drive Wilmington, NC 28409 N 340 07'. W 0770 52.5' EKC8397@Gmaii.com Cell: (440) 785-8397 Recommendations for Anthonv Dombroski c/o ATD Construction 11/20/2015 The total area of platform and floating dock were calculated as follows: Shoreline length = 100 ft. x 8 sq. ft. = 800 sq. ft. allowable. Platform = 13' x 28'= 364 sq. ft. Fixed finger pier = 24' x 4'= 96 sq. ft. Floating dock = 21' x 8' =168 sq. ft. Total = 628 sq. ft. Due to the limited amount of water, approximately 0.5' to -1.5' at NLW located on this side of Everett Creek/AIW W as shown in the attached hydrographic survey, there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the creek. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and primary nursery area. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(ax2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The construction would provide docking space for the total up to two (2) vessels. It appears that the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the width rule, the eight square foot rule, the pier width rule and consideration that the proposed floating dock, platform and boatlift would be located entirely over open water along with the installation of the timber stops beneath the floating dock and boatlift to prevent impacts to the substrate. It is the staffs recommendation that the proposed upland development appears to be CONSISTENT with the Rules of 15A NCAC 07H .0209 COASTAL SHORELINES (d). This office has no objection to the proposed work, provided it is consistent with state and federal perm itting requirements regarding the fill of §404 wetlands and that the appropriate permit conditions for upland development and private docking facilities are included, specifically: 1. The authorized floating dock and boatlift shall include the installation of 6' x 6' timber stops at a minimum of 2' above the bottom substrate to prevent impacts, which shall remain in place for the life of the structures. RECEIVED NOV 3 0 2015 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT hr- 1. APPLICANT'S NAME: Anthony Dombroski c/o ATD Construction 2. LOCATION OF PROJECT SITE: 1632 Soundwatch Drive (Lot #8), adjacent to Everett Creek/AIW W and Myrtle Grove Sound, New Hanover County. Photo Index —2006: 21-7382, 6, M-O 2000: 21-262, 6, L-N 1989: 4-178-2, 15,E-F State Plane Coordinates - X: 2340475 Y: 135277 Latitude: 34°08'54.79897"N Longitude: 77°51'40.10015"W 3. INVESTIGATION TYPE: CAMA & D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/12/2015 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 11/06/15 Office— Wilmington (Completed) 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, CW, OR (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —None Planned — Connection to CFPUA System (F) Type of Structures: Existing - Vacant lot Planned - New residential dwelling, retaining wall, driveway and private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§ 404 wetlands and 3,946 sq. ft. 720 sq. ft. coastal wetlands) (§ 404) (shading) (B)Non-Vegetated Wetlands 2,195 sq. ft. (Open water (C) Other (High Ground) 8,000 sq. ft. (D) Total Area Disturbed: sq. ft. (0. acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No NOV 3 0 2015 DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to construct a single-family residence with associated § 404 Wetlands impact and a private docking facility. Anthony Dombroski c/o ATD Construction Page 2 9. PROJECT DESCRIPTION: The applicant's property is located at 1632 Soundwatch Drive, lot #8, Intracoastal Watch Subdivision in New Hanover County. The proposed project is adjacent to Everett Creek and Myrtle Grove Sound. To find the property one would travel south from Wilmington on South College Road (NC 132) to the intersection of South College, Carolina Beach Road (NC 421) and Piner Road. This intersection is known locally as Monkey Junction. Turn left onto Piner Road and travel approximately one mile to the stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel approximately one mile to Soundwatch Drive on the left. The property is located at the end of the cul-de-sac on Sound Watch Drive. The property is a residential lot approximately one acre in size. The lot is relatively flat and has an average elevation of approximately G above normal high water (NHW). There is an area of the highground located on the eastern end ofthe lot, which was filled by the previous owner (C. Speaks). Several areas of §404 Wetlands extend into the property, which includes a freshwater pond on the most western end of the property. There are no existing structures on the applicant's lot. The lot has approximately 100' of frontage along Everett Creek/AIW W. This portion of Everett Creek is a shallow embayment located at the confluence of Everett Creek and the Atlantic Intracoastal Waterway (Myrtle Grove Sound). This embayment measures approximately 1,100' wide by approximately 1,100' across to the edge of the federally maintained channel of the AIW W. Spot elevations within this embayment conducted during the Intracoastal Watch community pier permit application process indicate water depths across the embayment average less than -0.5' at mean lower low water (MLLW ). Along the applicant's shoreline is a border of coastal wetlands averaging approximately 75' in width. The upper portion of the coastal wetland border, as it transitions from highground, is vegetated primarily with, Salt -meadow Grass (Spartina patens), and several shrub species, including: Southern Wax Myrtle (Wica cerifera) and Yaupon Holly (Ilex vomitoria). Moving waterward, the gradual drop in elevation for the next 50' allows Black Needlerush (Juncus roemerianus) to become the dominate species. Still waterward of the Black Needlerush there is a slightly higher shell bank which is vegetated with Spike Grass (Distichlis spicata). Beyond the shell bank there is an approximately 15' wide border of Smooth Cordgrass (Spartina alterniflora) adjacent to the open water embayment. Within the Intracoastal Watch Subdivision there are three waterfront lots which border on Everett Creek/AfW W. The applicant's property, Lot 8, is the southern most of these lots. An existing 10 slip community dock extends into Everett Creek/AIW W between Lots 9 and 10. This structure was authorized to Daclar, Inc. under CAMA Major Permit No. 105-98 on July 31, 1998 and through a Special Use Permit (S-429) from New Hanover County on July 13, 1998. There are also existing private piers located to the north and to the south of Intracoastal Watch Subdivision along the same shoreline. The property directly to the south of the applicant's property, a single family residential property, which currently has a private docking facility (B. Bostick) authorized under CAMA General Permit No. 36943-D on March 9, 2004. Based on the provided riparian survey, the existing water depth between the two existing docking facilities is approximately -1.0' @ normal low water (NLW). The establishment of the areas of riparian access for both the applicant, the application for Daclar, Inc. and B. Bostick were done by using the surveyed center point (Coordinates: X: 2341200, Y: 134940) for the mouth of the embayment of Everett Creek and extending radial lines from this point to the property boundaries. The community pier, as constructed, appears to encroach into the applicant's area of riparian access. The City of Wilmington and New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Everett Creek/Myrtle Grove Sound are classified as SA-ORW by the NC Division of Water Resources, and they are CLOSED to the harvest of shellfish. These waters are designated as a Primary Nursery Area (P1�A�.bytheQl�,(,livrj,�ion of Marine Fisheries. �"'� C lr t � V t LJ NOV 3 0 2015 DCM- MHD CITY Anthony Dombroski c/o ATD Construction Page 3 ov PROPOSED PROJECT: The applicant proposes to construct a single-family residence with associated § 404 Wetlands impact and a private docking facility. High ground development on the tract includes the construction of a single-family residence with a footprint of —50' in length by 44' in width with associated covered and uncovered porches and concrete driveway. The application states that the wastewater would tie into the existing sewer system located on the western portion of the property, which is serviced through the Cape Fear Public Utility Authority (CFPUA). The application states the proposed driveway, associated two (2) 12" culverts, timber bulkhead and portions of the building footprint would incorporate an area of 3,946 sq. ft. of jurisdictional § 404 wetlands. The driveway to access the lot would also be located within an existing access easement on lot #9. All proposed upland development is located within the 575' Area of Environmental Concern (AEC). According to the application package, approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the property. All proposed upland development would be located landward of the Coastal Shoreline 30' Buffer. The application also states that a variance was granted by New Hanover County (NHC) (Case No. ZBA-886) on October 20, 2014 to encroach into the NHC 75' Conservation Overlay District (COD). The applicant is also proposing to construct a private docking facility into the waters of Everett Creek/AIW W. An access pier, measuring approximately 252' in length by 6' in width would extend towards the mouth of the creek. The access pier would lead into a fixed covered platform, measuring approximately 28' in length by 13' in width. An access ramp would then lead onto a floating dock, measuring approximately 2 P in length by 8' in width, which would be located on the northern side of the covered platform. A finger pier, measuring approximately 24' in length by 4' in width would extend waterward from the covered platform, which would lead onto a boatlift, measuring approximately 13' in length by 13' in width located on the southern side of the finger pier. The applicants state that they would use the structure for the purpose of mooring up to two (2) vessels. The application states that existing water depth in the vicinity of the proposed docking facility would range from approximately -0.5' to -1.0' @ NLW. The application states that 6" x 6" "timber stops" would be constructed beneath the proposed floating dock and boatlift to prevent these structures from impacting the substrate. As proposed and per the riparian survey, the proposed docking facility would be located within the established pier length, within'/4 ofthe width of the waterbody and within the applicant's area of riparian access and would not encroach into the adjacent 15' riparian corridor setback area requirement.. The proposed structures would accommodate up to two (2) vessels at this location. 10. ANTICIPATED IMPACTS: The proposed upland development activities would result in the disturbance of approximately 8,000 sq. ft. of high ground and approximately 3,946 sq. ft. of § 404 wetlands (0.09 acres) for the construction of the single-family residence and associated driveway/culverts. All proposed upland development would be located landward of the Coastal Shoreline 30' Buffer. According to the application package, approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the property, which is entirely within the 575' AEC. The proposed access pier would shade approximately 720 sq. ft. of coastal wetlands and § 404 wetlands and would incorporate approximately 2,195 sq. ft. of Public Trust Area and Estuarine Waters. The proposed docking structure will extend 315 ft into a waterbody whose width is approximately 1,440 ft and should not extend beyond'/4 of the width of the waterbody. As proposed, the applicant's proposal would not encroach into the 80' federal setback requirement from the AIW W channel. Based on the provided riparian survey, the proposed structures would not encroach into the adjacent 15 foot Riparian Corridor Setback Area requirement. The proposed structures would allow the facility to accommodate up to two (2) vessels in water depths of approximately -0.5' to -1.0' at NLW. Due to the limited amount of water, approximately -0.5' to -1.0' at NLW located on this side of Everett Creek as shown in the attached drawings, there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers to access the channel of the creek. The application states that 6" x 6" "timber stops" would be constructed beneath the proposed floating dock and boatlift to prevent these structures from impacting the substrate. Minor increases in turbidity should be expected during construction; however, no long term impacts are anticipated. RECEIVED NOV 3 0 2015 Submitted by: Robb L. Mairs Date: 11/20/2015 Office: Wilmington DCM- MHD CBTY I�- �Tu ATD CONSTRUCTION COMPANY, INC_ Building Contractor Phone 910-681-0801 September 29, 2015 Re: 1632 Sound Watch Dr. Wilmington NC, 28409 Project Narrative: To whom it may concern: Established 1971 2900 Middle Sound Loop Road Wilmington, N.C. 28411 Unlimited License 14509 Fax 910-686-4493 On the above referenced lot we propose to use the 4,000 sqft of existing uplands in conjunction with 4,230 sqft of 404 Wetlands to create 8,000 sqft of upland area. Our intention is to construct a three story single family residence on the lot. The building foot print for the house will be 2200 square feet with 642 Square feet for the covered decks and 308 Sqft of porch. To create a defining line between the low lands and uplands we are going to install small landscaping wood retaining wall with a max height of 3'-0". This wall will surround the 8,000 square feet of uplands area and 424 square feet of drive way located in the drive way easement. We also propose to construct a private dock extending from the house to the pier line as shown in the attached drawings. The dock will have a stationary area, floating dock, and a boat lift for a single run about boat. The dock will be constructed in the above referenced lots riparian corridor using the convergent point provided by Sherwin D. Cribb PLS per NAD 83 with coordinates N 134949, E 2341200. RECEIVED NOV 0 6 2015 RECEIVED NOV 3 0 2015 DCM-MHDCAT Y a -- Please contact Robb Mairs with the North Carolina Department of Environmental and Natural Resources with any concerns or questions. His contact information is the following: Robb Mairs, Field Represenative 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Email robb.mairsnncdenr.gov Phone 910-796-7423 Fax 910-395-3964 Sincerely, Rudy Dombroski ATD Construction RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Atd Constuction Project Name (ff applicable) 1632 Sound Watch Applicant 1: First Name Anthony MI T. Last Name Dombroski III Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 2900 Middle Sound Loop Road PO Box City Wilmington State NC ZIP 28411 Country New Hanover Phone No. 910-620-3263 ext. FAX No. 910-338-3232 Street Address (A different from above) City State ZIP Email rudy@atdbuilding.com 2. Agent/Contractor Information Business Name Aid Construction Agent/ Contractor 1: First Name MI Last Name Anthony T Dombroski III Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 2900 Middle Sound Loop Road Wilmington NC ZIP Phone No. 1 Phone No. 2 28411 910 - 620 - 3263 ext. ext. FAX No. Contractor # ,n 910 338 3232 NC LICENSE 14509 Street Address (if different from above) City State 1LUIJ Email rudy@atdbuilding.com <Form continues on back> RECEIVED DCM WILMINGTON, NC Nov 0 6 2015 252-808-2808 .. 1-b88-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1632 Sound Watch Drive Subdivision Name City State Zip Intracoastal Watch Masonboro Township NC 28409 - Phone No. Lot No.(s) (tl many, attach additional page with list) 910 - 620 - 3263 ext. Lot 8, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Myrtle Grove Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Myrtle Grove Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 148.67' 41,642 sgft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6.4. ®NHW or ❑NWL e. Vegetation on tract Wild Grass, 404 Wetlands, Coastal Wetlands, and Live Oaks f. Man-made features and uses now on tract None RECEIVED NOV 3 0 2015 g. Identify and describe the existing land uses adiacent to the proposed project site. Single Family Residences DCM- M H D CITY h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, 'd applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC NOV 0 6 2015 252-808.2808 .. 1-888.4RCOA5l .. v,vvvr.i ,Luastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (h) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? NYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City Water and Sewer o. Describe existing drinking water supply source. City Water p. Describe existing storm water management or treatment systems. Natural water flow off of the lot S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Single Family Residence with a Dock for Boating c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Wood construction single family residence built in accordance with all VE zone requirements d. List all development activities you propose. Construction of a single family residence with a small retaining wall dividing the wetlands from the uplands. We plan to install a small landscaping retaining wall around the area designated as uplands and the 404 wetlands that are approved. Fill will be brought in behind the retaining wall. Fill will be used to fill in only area within landscaping retaining wall. Proposing private docking facility. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 8000 0Sq.P1 or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None NOV 3 0 2015 I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No If yes, will this discharged water be of the same salinity as the receiving water? NYes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> J ITY RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252-808.2608 .. 1.888-4RCOALt .. www.nccoastalmanagement.nel Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the effected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Edward & Constance Carter Phone No. 440-785-8397 Address 1636 Soundwatch Drive, Wilmington NC, 28409 Name Brian & Alysa Bostick Phone No. 910-520-3818 Address 6325 Myrtle Grove Road, Wilmington NC, 28409 Name Intracoastal Watch HOA, Inc Phone No. 910-512-7488 Address 2013 Olde Regan Way, Suite 150, PMB 196, Leland, NC 28451 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Permit 117-02 (Grey) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lards, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certrtcadon and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _07/24/15 Print Name _Anthony T. Dombr : RECEIVED Signature NOV 3 0 2015 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- MHD CITY ®DCM 1AP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252.806-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Wetlands Depth Only Final Project NA NA Depth 1. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. None None c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), None or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL [-]NoneRECEIVED (ii) Describe the purpose of the excavation in these areas: None NOV 3 0 2015 DCM- MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. None None c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. (il) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ❑No ®NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: None RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 tjf-- Form DCM Mll (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill [--)Other: c. Average distance waterward of NHW or NWL: 0'-0" New Retaining wall would be located above normal high water landward of coastal wetlands. e. Type of stabilization material: Wood Retaining Wall g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap 0 Breakwater/Sill O_ Other 0 I. Source of fill material. Upland Fill b. Length: Width: d. Maximum distance waterward of NHW or NWL: 0'-0" I. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes SNo ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of Till material. Clean Sand 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (it) Amount of material to be placed in the water 0 (III) Dimensions of fill area 4100 Soft. IN) Purpose of fill To create a separation between the uplands and the wetlands. None of retaining wall will be near the water line and will not exceed 2'-4" in height. This retaining wall will be only for surrounding the existing and new uplands. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB SWL 3346 ❑None (ii) Describe the purpose of the fill in these areas: The retaining wall will only surround the upland areas and create a separation between the uplands and the wetlands. It will not be used for water retainage or separation from the waterline. It is an attempt to preserve the wetlands and not allow the yard to expand into the wetlands. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dregline, controlled? backhoe, or hydraulic dredge)? A sift fence will be installed around all affected areas. c. (1) Will navigational aids be required as a result of the project? ❑Yes ❑No SNA (ii) If yes, explain what type and how they will be implemented. 07/24/2015 Date Small Tractors d. (i) Will wetlands be crossed in Iran rMg site? []Yes SNo []NA JMECEVV®JJcl III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NOV 3 U 2015 1632 Sound Watch RECEIVEn Project Name DCM WILMINGTON, NC NOV 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanauement.net revised: 12/26/06 M Form DCM MP-2 (Excavation and Fill, Page 3 of 3) 1632 Sound Watch, Wilmington NC, 28409 Applicant Name Anthony T. Dombroski III Applicant c RECEIVED NOV 3 0 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NO NOV 0 6 2015 252-808.2808 :: 1.888-4RCOAST :: www.ncconstaimanagement.net revised: 12/26/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One Lot One Single Family Residence c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 1 Residence 8000 Sqft. e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Concrete Drive Way and Slab Beneath the House only activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes []No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (1) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 10.4% Impervious ®Yes ❑No ❑NA 1. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: _SW8# 960623 and/or built -upon surfaces, such as pavement, building, rooftops, Intracoastal Watch Subdivisio or to be used for vehicular driveways or parking. 10.4% Impervious j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local City Water and Sewer (CFPUA) approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stonnwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ❑Yes ®No ❑NA N/A If yes, attach appropriate documentation. RECEIVED RECEIVED NOV 30 2015 DCM WILMINGTON, NC DCM- MHD CITY NOV 0 6 2015 252.808-28082 :: 1-888-4RCOAST :: www.nccoastalmanagementm revised: 12/26/06 4t Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) CFPUA Water o. When was the lot(s) platted and recorded? Date 07/24/15 Project Name 1632 Sound Watch Drive Applicant Name Anthony T. Dombrosk III Applicant Si e -4--r n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECEIVED NOV 3 0 2015 DCM- MHD C iTy RECEIVED DCM WILMINGTON, NG NOV 0 6 2015 252-808-2808 :: 1-888.4RCOAST :: vvv✓vv.nccoastalmanagement_net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: ❑Commercial ❑Public/Government ®Private/Communhy El This section not applicable b. (i) Will the facility be open to the general public? []Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No (tt) Number 1 If yes: (III) Length 252'-0" (ii) Number 1 (iv) Width 6=0" (iii) Length 24'-0" (v) Floating [-]Yes NNo (iv) Width 44=0" (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ❑No I. (i) Are Boatlifts included? NYes ❑No If yes: If yes: (ii) Number 1 (ii) Number 1 (III) Length 28�- "" (III) Length 13'-0" (iv) Width 13'-0" (iv) Width 13'-0" (v) Floating []Yes ENO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies N Dockage ('*at slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel Open Runabout RECEIVED []Open water; no dredging required ❑Other; please describe: NOV 30 2015 DCM- MHD CITY k. Typical boat length: 22'-0" I. (i) Will the facility be open to the general public? ❑Yes ONO m. (i) Will the facility have tie pilings? ❑Yes ONO RECEIVED (ii) If yes number of tie pilings? DCM WILMINGTON, NC NOV 0 6 2015 252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 ,0C_ Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS I @This section not applicable a. b. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding lank pumpout; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. None d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. I. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? fl k. Describe design measures that promote boat basin flushing? IF 11- NOV .10 n15 I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM- M H D CITY m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastal_management.nel revised: 12127/06 tkv Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered tilts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED NOV 3 0 2015 7. GENERAL DCM- MHD CITY RECEIVED CM WILMINGTON, NC NOV 0 6 2015 252-808-2808 :: 1.888.4RCOAST :: www.pccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15'-0" to South Riparian / 35'-0" to the Nort Riparian Nole: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body e. (i) WIII navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL 0.5 to 0.9 Feet at Normal Low Water 8. OTHER ❑This section not applicable a. Give complete description: An 8'-0" x 21'-0" floating dock. Date 07/27/15 Project Name 1632 Sound Watch Applicant Name Anthony T. Do roski III Applicant ure 'vc RECEIVED NOV 3 0 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252.808.2808 :: 1-888-4RCOAST :: w_ww.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ❑This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge. ❑Commercial ❑Public/Government ®Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? ❑Yes []No If yes, (ii) Length of existing bridge: (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) d. Water depth at the proposed crossing at NLW or NWL f. (i) Will proposed bridge replace an existing culvert? []Yes ❑No If yes, (ii) Length of existing culvert: _ (iii) Width of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. Length of proposed bridge: " h. Width of proposed bridge: I. Will the proposed bridge affect existing water flow? []Yes ONO j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? ❑Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes [:]No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable in Height of proposed bridge above wetlands:RECEIVED _ waters? ❑Yes ❑No If yea, explain: NOV 3 0 2015 DCM- MHD CITY 2. CULVERTS ❑This section not applicable a. Number of culverts proposed: 2 b. Water body in which the culvert is to be placed: < Form continues on back> RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) c. Type of culvert (construction material): Reinforced Concrete Pipes d. (i) Will proposed culvert replace an existing bridge? []Yes ®No If yes, (ii) Length of existing bridge: (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) I. Length of proposed culvert: 12'-0" h. Height of the top of the proposed culvert above the NHW or NWL. 1'-0" j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? []Yes ®No If yes, explain: e. (i) Will proposed culvert replace an existing culvert? ❑Yes ®No If yes, (it) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. Width of proposed culvert: 1=0" i. Depth of culvert to be buried below existing bottom contour. Q�� k. Will the proposed culvert affect existing water flow? ❑Yes ®No If yes, explain: 3. EXCAVATION and FILL El This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: _ (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? []Yes ®No If yes, (ii) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None III) Describe the purpose of the excavation in these areas: RECEIVED NOV 3 0 2015 DCM- MHD CITY RECEIVED vCM WILMINGTON, NC NOV 0 6 2015 252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 10/26/06 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: (III Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? []Yes []No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? []Yes []No If yes, give dimensions if different from (III above. e. (i) Will the placement of the proposed bridge or culvert result in any f. fill (other than excavated material described in Item d above) to be placed below NHW or NWL? []Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the excavation in these areas: The Culverts will be beneath the drive way from the road to the drive way. g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ®Yes []No If yes, (ii) Avg. length of area to be filled: 336'-Q (iii) Avg. width of area to be filled: 12'-Q IN) Purpose of fill: To provide a matching elevation from the street to the drive way. RECEIVED NOV 3 0 Z015 -...M r-1TV a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? []Yes ®No detour structures? ❑Yes ®No If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. RECEIVED < Form continues on back> DCM WILMINGTON, NC NOV 0 6 2015 252.808-2808 :: 1-686.4RCOAST :: www.nccoastaimanagLement.net revised: 10/26/06 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes, complete Form DCM-MP-2. Silt Fences e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Small Backhoe g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. Date 10/14/15 Project Name 1632 Sound Watch Applicant Name Anthony Dombrroski Applicant f. Will wetlands be crossed in transporting equipment to project she? ®Yes ❑No If yes, explain steps that will be taken to avoid or minimize environmental impacts. Only the wetlands that we are filling to put the drive way in will be affected. RECEIVED NOV 3 0 2015 DCM- MHD CITY I-t---GEiVED DCM WILMINGTON, NG NOV 062015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 10/26106 PAT MCCRORY Govemor DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY November 20, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Anthony Dombroski / New Hanover County Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Wednesday, November 25, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiers, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Michele Walker- DCM Sin rely, Shaun�n� P Permitting Support & Custom r Assistance Nothing Compares;._ RECEIVED NOV 3 0 Z015 DCM- MHD CITY State of North Carolina I Env onmemal Quality I Coastal Management 127 Cardinal Dave Ext., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 6, 2015, Anthony Dombroski proposed to construct a single-family residence and pool, with associated §404 wetland fill, and a docking facility at 1632 Soundwatch Dr., adjacent to Everett Creek / AIWW & Myrtle Grove Sound, in New Hanover County. A copy of the application can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 16, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 3 0 2015 DCM- Mh;2' r" TY Nothing Compares-, state of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive Em., Wilmington, NC 29405 910-796-7215 MAJOR PERMIT FEE SCHEDULE Dombroski 111 / New Hanover / $400 DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED NOV 3 0 Z015 DCM- MHD CITY DENR CAMA Daily Check Log for WIRO Date Date Deposite Check Check Receipt or Received d Check From (Name) Name of Permit Holder Vendor Number amount Permit Number/Comments RefundlReallocated 10/20/2015 10/21/15 Dr. Jeff Morrison same First Citizens Bank 10494 $400.00 GP 66164D PH rcl. 1148D 10/20/2015 10/23/15 Antinori Construction Inc Roger Lewis B of A 3890 $400,00 GP 64767D * GP 661650@$200 JD rot. 0303D 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3844 $400,00 major fee, 7404 E. Beach Dr. OI BrCo PH not 1134D 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3845 $400.00 major fee, 7406 E. Beach Dr. OI BrCo PH not 1135D 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3846 $400.00 major fee, 7406 E. Beach Dr. OI BrCo PH rct. 1136D 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3847 $400.00 major fee, 7410 E. Beach Dr. OI BrCo PH rot. 1137D 10/21/2015 10/23/15 MO for Brandon Grimes Scott Pindell Wells Fargo Bank 59183420318 $400,00 GP 66167D @5600 JD rot. 0320D 10/21/2015 10/23/15 MO for Brandon Grimes Scott Pindell Wells Fargo Bank 59183420329 S200.00 GP 66167D @$600 JD rct. 0320D 10/21/2015 10/23/15 Clements Marine Construction Inc Vern Hawkins First Citizens Bank 3933 S250.00 major fee, 202 Kings Lnding CL Hamp PN PH rot. 1138D 10/21/2015 10/23/15 Ocean's Edge Ventures LLC Margaret Ann Maids, LT BB &T 6777 5600.00 GP 66131 D HS rct. 0980D 1022/2015 10/23/15 TRCK same BB &T 1529 5100.00 renewal fee, MP 67-07 RM rct. 0370D 10/22/2015 10/23/15 Town of North Topsail Beach same First Citizens Bank 40151 5400.00 GP 661100 JD not 0322D 10/22/2015 10/23/15 Allied Marine Contractors LLC Becky Olbrych B of A 7923 5400.00 GP 64772D JD not 0321D 10/23/2015 1028/15 Grice Construction Barry Wishon BB &T 10616 $400.00 GP 661320 HS not. 0981D 10/23/2015 10/28/15 Holden Docks and Bulkheads John Kozak CresCom Bank 2286 $200.00 GP 66135D HE not. 0983D 10/23/2015 10/28/15 JRW/RDW Inc Rick West First Bank 1180 $200.00 GP 66133D HS not. 0982D 10/23/2015 10/28/15 Live Oak Enterprises Inc (Future Homes) Larry Norris BB &T 35653 5100.00 minor fee, SC 15-21 PNCo JD rct. 0323D 10/26/2015 10/28/15 HDI Holdings, LLC Robert Huff First South Bank 1017 5400.00 major fee, 402 N. Lake, CB NHCo PH of 1143D 10/26/2015 10/28/15 Clements Marine Construction Inc Jam Properties First Citizens Bank 3938 S400.00 GP 66180D + GP 66161 D @$200 ea. RM rot. 0371 D 10/26/2015 10/28/15 Live Oak Enterprises Inc (Future Homes) Dowell Gray Jr BB &T 35652 $100.00 minor fee, 8708 3rd St. NTB Ons PH rct. 1139D 10/27/2015 10/28/15 ANA Builders Inc Karen Hartman First South Bank 8324 $100.00 minor fee, 3693 Island Dr. NTB Ons PH rct 1140D 10127/2015 10/28/15 Charles Riggs & Assoc. Charles P. Riggs First Citizens Bank 14231 $100,00 minor fee, 111 Topsail Rd, NTB Ons PH rct 1141 D 10/27/2015 10/28/15 David Lee Builders, Inc Warren Bell B of A 20389 $100.00 minor fee, 410 Evelyn Ln. TB PN PH of 1142D 10/27/2015 10/28/15 CLB Custom Homes Inc. Deborah Showalter South State Bank 4785 $100.00 minor fee, Lot 18 The Peninsula, SC Ph PH not 11440 10/27/2015 10/28/15 Island Contracting Inc Lillian Carter Branch Banking & Trust 27864 $200.00 GP 661510 TM not 0438D 10/27/2015 10/28/15 Island Contracting Inc Willam & Roberta Hardaker Branch Banking & Trust 27879 5200 00 GP 66152D TM rct. 0437D 10127/2015 10/28/15 Island Contracting Inc David Farr Branch Banking & Trust 27878 S400 00 GP 66150D TM rot. 0436D 10/27/2015 10/28/15 Island Contracting Inc Alex Paine Branch Banking & Trust 27877 S400.00 GP 64658D TM not. 0434D 10/27/2015 10/28/15 Island Contracting Inc Julia McIver Branch Banking & Trust 27875 $400.00 GP 64659D TM not 0433D 10/27/2015 10/28/15 Island Contracting Inc Village of Bald Head Branch Banking & Trust 27876 $400.00 GP 63214D TM rct. 0432D�r��� 10/27/2015 10/30/15 Eagle Island LTD Michael McCadey PNC Bank 1007 $100.00 renewal fee, MP 97-12 PH rct. 1145DCLl 10/27/2015 10/30/15 ATD Construction Co. Inc. Anthony Dombroski III First Citizens Bank 11532 $250,00 major fee, 1632 Sound Watch Dr. Wilm NH( PH rot. 1156D 10/27/2015 10/30/15 Riverman LLC Michael MCCaney PNC Bank fill S100.00 renewal fee, MP 132-12 PH not 1146D 10/27/2015 10/28/15 Antinori Construction Inc Kenneth Morrison 8 of A 3955 $400.00 GP 66185D JD not 0325D 10/29/2015 10/30/15 Lea's Waterfront MHP Bert Lea Wells Fargo Bank 8010 S200.00 minor fee, PN 15-15, Wtrfnt. Cir. Hamp. JD rot. 0324D 10/28/2015 10/30/15 Coastal Marine Piers and Bulkheads LLC Rebecca Huntzinger Wells Fargo Bank 20471 $200.00 GP 66155D JD rot. 0316D 10/29/2015 10/30/15 H5 Construction LLC Randy Stiltner BB &T 1321 $200.00 GP 66134D HS not. 0984D 10/29/2015 10/30/15 Helen B. Pate same NC State Employees Credit U 2203 $400.00 GP 66136D HS not 0985D 10/29/2015 10/30/15 Wellman's Construction Inc same BB &T 13232 $100.00 minor fee, 1713 Ocean Blvd, TB, PN PH not 1147D 10/30/2015 11/4/15 CT Home Design LLC Qi Chen BB &T 1042 $100.00 minor fee, Lot 8, Peninsula@Topsail SC PN PH rct. 1149D 11)2/2015 11/4/15 Mark Lewis Crew Boats Inc Mark Lewis PNC Bank 2149 $400.00 major fee, 822 Carolina Blvd, TB PN PH rcf. 1150D 11/2/2015 11/4/15 William Brockway Jr. same BB &T 10692 $100,00 minor fee, 357 Dogwood Ln, Hamp. PN PH rct. 1151D 11/2/2015 11/4/15 Tangle Oaks Yacht Club Inc same PNC Bank 6162 $100.00 renewal fee, MP 130-87 PH rct. 1152D 11/3/2015 11/4/15 Coastal Marine Piers and Bulkheads LLC Larry Funderburk Wells Fargo Bank 20509 $400.00 GP 66186D RM rct. 0372D 11/3/2015 11/4/15 Robert or Claire McGirr same B of A 1010 $200,00 GP 64792D TM rot. 0439D 11/4/2015 Island Marina Enterprises LLC same First Bank 2020 $200,00 renewal and mod fee, MP 36-04 PH rct. 1154D 11/4/2015 Oak Island Property Holdings same BE &T 8010500068 $100 00 renewal fee, MP 40-96 TM hot 0405D 11/4/2015 Allied Marine Contractors LLC Thomas Broome B of A 7927 $400.00 GP 661110 JD rcl. 10520 11/412015 Frankie or Anita Walker same Select Bank & Trust 1016 $400.00 GP 66113D JD not 1051 D 11/4/2015 Marina at St. James Plantation Ov 1p Assn. Inc same Branch Banking & Trust 649 $100.00 renewal fee, 141-95 PH not 1153D 11/6/2015 F and S Marine Contractors Inc /� Jfq�S aint PNC Bank 4936 $250.00 major fee, 27 Pipers Neck, Wilm NHCo RM rot. 0375D 11/612015 Land Management Group Inc " 4Ubn Caviness, Bradley Creek Pt. Invest. First Bank 46106. $100.00 renewal fee, MP 131-12 .PH not 1155D m o n M x o N CSl C-1 DENR CAMA Daily Check Log for WIRO Date Date Deposits Check Check Receipt or Received d Check From (Name) Name ofPermh Holder Vendor Number amount Permit Number/Comments Refund/Reallocated 11/12/2015 ATD Construction Co. Mc IA. Lombroski IFirst Citizens Bank it! $150.00 CK 2 of 2, major fee, 1632 Soundwatch Dr RM rct. 0377D TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 RR#RRRRRRRif#R#R##X#RRRR1RfRi#RR#RR41RR1f RRftii#XX#%%%%R%xxf Rt%x%%%rt%%#rtR RRR RRR%RtR%%xR#%#RRRR#i A###R##RRi#R#iiRRR###iR# Filed For Registration: 1213012014 03:19:36 PM Book: RE 5860 Page: 322-325 Document No.: 2014034906 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $400.00 Recorder: HUGHLEY, CAROL State of North Carolina, County of New Hanover RECEIVE® NOV 3 0 2015 M PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.I)CM- MHD CITY RECEIVED DCM WILMINGTON, NC *2014034906* NOV 062015 2014034906 2044 0780 GE�CECED ASD VERIFIED NARY SUE COTS REOISiER OF DEE,OS ,/ STATE OF NORTH CAROLINA NEW HANOVER CO.NC COUNTY OF NEW HANOVER Ts JUN 13 PM 4 45 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTRACOASTAL WATCH THIS DECLWARjUATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made thisl!5W'day of June, 1996 by DACLAR, INC., a North Carolina Corporation, hereinafter referred to as -Declarants. 3001-4 W I T N E S S E T H: THAT, WHEREAS, Declarant is the owner of certain property in New Hanover County, North Carolina, which is more particularly described on that map recorded in Nap Book 3f, at Page 7-7 in the office of the Register of Deeds of New Hanover County, North Carolina, which is incorporated herein by reference. Declarant proposes to create thereon an exclusive residential community of mingle -family residences to be named INTRACOASTAL WATCH; and WHEREAS, Declarant desires to insure the attractiveness of Intracoastal Watch and to prevent any future impairment thereof; to prevent nuisances; to preserve, protect and enhance the values and amenities of all properties within Intracoastal Watch; and to provide for the maintenance and upkeep of all common areas in Intracoastal Watch. To this end the Declarant desires to subject the property described herein, together with such additions as my hereafter be made thereto, to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Declarant, the said property and each owner of property in Intracoastal Watch; and WHEREAS, Declarant further desires to create an organization to which will be delegated and assigned the powers of owning, maintaining and administering the common areas in Intracoastal Watch, administering and enforcing the covenants and restrictions contained herein, and collecting and disbursing the assessments and charges hereinafter created in order efficiently to preserve, protect and enhance the values and amenities in Intracoastal Watch, to insure the residents' enjoyment of the specific rights, privileges and easements in the common area, and to provide for the maintenance and upkeep of the common areas; and WHEREAS, to that end the Declarant has or will cause to be incorporated under North Carolina law INTRACOASTAL WATCH HOMEOWNER'S ASSOCIATION, INC., as a nonprofit corporation for the purpose of exercising and performing the aforesaid functions. NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and Restrictions, does declare that all of the property described herein, and such additions thereto as may be hereafter made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, assessments, charges and liens set forth in this Declaration which shall run with the real property and be binding on all parties owning any right, title or interest in said real property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association,- shall mean and refer to INTRACOASTAL WATCH HOMEOWNERS' ASSOCIATION, INC., a North Carolina nonprofit corporation, its Successors and assigns. EC EIt `// ED S" Section 2. Common Area- shall mean and refer to all of RECEIVED streets, roads, parks, lakes and access areas and other common NOV 3 0 2015 DCM- MHD CI RECEIVED DCM WILMINGTON, 424929 N O V 0 6 2015 """• 1 MY1i 2044 0701 area owned by the Association for the common use and enjoyment of the lot owners. The Common Area to be owned by the Association is labeled as such on the maps of Intracoastal Watch. Section 3. 'Declarant- or -Developer" shall mean and refer to DACLAR, Inc., its successors and assigns and also shall mean and refer to any person, firm or corporation which shall also be designated as a-Declaranth by DACLAR Inc. Section 4. -Development- shall mean and refer to Intracoastal Watch, a single-family residential development proposed to be developed on the Properties by the Declarant. Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines, appearing on the maps with the exception of the Common Area. Section 6. -Maps- shall mean and refer to the map of the Existing Property as recorded in Book 3(e at Page2.7in the office of the Register of Deeds of New Hanover County, North Carolina, and the maps of any additions to the Existing Property which may be recorded by Declarant in the said Registry in the future. Section 7. -Member" shall mean and refer to every person or entity who holds membership in the Association. Section S. -Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including the Declarant if it owns any Lots, but excluding those having such interest merely as security for the performance of an obligation. Section 9. hProperties- shall mean and refer to the -Existing Property• described in Article II, Section 1 hereof, and such additions thereto as may hereafter be made subject to this Declaration and brought within the jurisdiction of the Association. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF INTRACOASTAL WATCH Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the Association is located in New Hanover County, North Carolina, and is more particularly described on that nap of Intracoastal Watch including lots 1 through /9 , as well as all common area, roads and easements. Section 2. Additions to Existing Property. (a) Additional land which is contiguous to the Existing Property or any land previously added to the Existing Property may be brought within the property covered by this Declaration and the jurisdiction of the Association by Declarant, in future stages of development, without the consent of the Association or its Members, provided that such annexations occur within 20 years after the date of the filing of this instrument, and up to ten additional 30 year periods by the filing of an Extension in the New Hanover County Registry. (b) The additions authorized under subsection (a) above shall be made by filing Supplementary Declarations of Covenants, Conditions and Restrictions and Supplementary Maps with respect to the additional properties in the New Hanover County Register of Deeds Office, which supplemental filings shall extend the coverage of this Declaration and the jurisdiction of the R EC EY�lyp 2 L/ 4 @.✓ NOV 3 0 2015 DCM- MHD C11 RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0782 Association to much properties and thereby subject such additions to the benefits, agreements, restrictions and obligations set forth herein, including, but not limited to, assessments as herein determined. The Declarant's right to file supplementary declarations and supplementary maps is at the Declarant's sole discretion and does not require or allow approval or other input by the Lot Owners or the Association. ARTICLE III PROPERTY RIGHTS Seetion 1. Ownership of the Common Area. After the completion of all improvements to the Common Area, Declarant shall convey the Common Area to the Association. Notwithstanding the recordation of any Map or any other action by Declarant or the Association, all Common Area (including the Common Area streets and roads) shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public. Section 2. Owner's Rights to Use and Enjoy Common Areas. Each owner is hereby given the right to use and enjoy the Common Area, which right shall be appurtenant to and shall pass with the title to the Lot, subject to the following: (a) the right of the Association to promulgate and enforce reasonable regulations governing the use of the Common Area to insure the safety and rights of all Owners; (b) the right of the Association to suspend the voting rights in the Association and right to use the Common Areas by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty days for any infraction of its published rules and regulations; and (a) the right of the Declarant or the Association to grant utility, drainage and other easements of the type and for the purposes set forth in Article VIII across the Common Areas. Section 3. Owner's Easements for Ingress and Egress. Every Lot is hereby granted a perpetual, non-exclusive right to use any roadway which may be constructed by the Declarant and conveyed to the Association as part of the Common Area for the purpose of providing access to and from each Lot. eectj,pn a. Delegation of Use. Any owner may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the Common Area to the members of his family, his guests, his tenants, or contract purchasers who reside on his Lot. Children under twelve (12) using the swimming pool with an owner's permission shall be accompanied by an adult. ARTICLE IV MEMBERSHIP, VOTING RIGHTS AND CONTROL OF THE ASSOCIATION Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Classes of Lots. The voting rights of the Membership shall be appurtenant to the ownership of Lots. There shall be two classes of Lots with respect to voting rights: (a) Class A Lots. Class A Lots shall be all Lots except Class B Lots as defined below. Ownership of each Class A Lot shall entitle the Owners) of said Lot to one (1) vote. when more than one person owns an interest (other than a leasehold or R E C E IV E D security interest) in any Lot, all such persons shall be Members NOV g 0 2015 DCM- WND C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 BOOK PACE 2044 0783 and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any Class A Lot. (b) Class B Lots. Class B Lots shall be all Lots owned by Declarant. The Declarant shall be entitled to three (3) votes for each Class B Lot owned by it. Section 3. Amendment. Notwithstanding the provisions of Section 2 above, and Article %III so long as Declarant owns any Lot, this Declaration and the Bylaws of the Association may not be amended Without its written consent. Section a. The Association shall be governed by a Board of Directors in accordance with the Bylaws. Notwithstanding the Provisions of Section 2 above, the Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until such time as the first of the following events occurs: (1) Declarant no longer owns any Lot, or (2) Declarant surrenders the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by the Declarant. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments or charges and special assessments for capital improvements established and collected as hereinafter provided. Any such assessment or charge, together with interest costs, and reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time the assessment fell due. The personal obligation for delinquent assessments or charges shall not pass to an Owner's successors in title unless expressly assumed by them. All dues shall be assessed, billed and collected on a quarterly basis. Each Lot Owner is responsible for providing to the Association his current sailing address for receipt of bills from the Association for dues. All dues shall be paid notwithstanding the fact that the owner is not using the lot or facilities of Intracoastal Watch. The initial payment of assessments shall be made at closing of the initial purchase and will be for the quarter during which the closing takes place, with the quarterly assessment being prorated as of the date of closing. All lots in Intracoastal Watch, as it may be expanded from time to time, will pay assessments to the Association. The assessments collected by the Association shall be for maintenance, upkeep, repair and other work done on the Common Area. The assessments charged by the Association shall be uniform on all lots in Intracoastal Watch. All assessments shall be based upon the estimated cost of maintenance of the common area, plus reserves for rebuilding. The initial maximum annual assessments are set out hereinafter. Section 2. Purpose of Common Area Annual Assessments. The annual assessments levied by the Association shall include, but not be limited to, the uses as follows: (a) to maintain all roads constructed within the Common Area RECEIVED DCM WILMINGTON, NOV 0 6 2015 2044 0784 to the standard of maintenance which would be required by the State of North Carolina before it would Accept such roads for maintenance; provided that this provision does not require that the width of the road rights -of -way be the width required as set forth before such roads would be accepted by the state of North Carolina for maintenance; (b) to maintain all access easements in the Common Area in an easily passable condition, free from fallen trees, undergrowth, and other obstructions; and to keep all dead, diseased or decaying trees, shrubs and bushes removed from such areas and to replace such items with new trees, shrubs and bushes; (c) to maintain all drainage easements in the Common Area to prevent flooding; (d) to keep the Common Area and the drainage and access easements free of pollution and natural debris; (a) to keep all amenities free of debris and to maintain all amenities in an orderly condition, and to maintain the landscaping therein in accordance with the highest standards for private residential communities including any necessary removal and replacement of landscaping; (f) to provide such security services as may be deemed reasonably necessary for the protection of the Common Area from theft, vandalism, fire and damage from animals; (9) to provide garbage removal services for all Lots; Declarant reserves the right to enter contracts for the removal of trash for all lots in Intracoastal Watch, which contracts can call for payments for such service either directly by the Lot Owner, or by the Association; any such contract shall have a maximum duration of three years, and upon termination, the Association shall then have the right to enter such contracts, (h) to pay all ad valorem taxes levied against the Common Area and any property owned by the Association; (i) to pay the premiums on all hazard and public liability Insurance carried by the Association on the Common Area. (j) to pay all legal, accounting and other professional fees incurred by the said Association in carrying out its duties as set forth herein or in the Bylaws; and (k) to accumulate and subsequently maintain a contingency reserve equal to 10% of the amounts described in subsection (a) through (j) above in order to fund unanticipated expenses of said Association. Section 1. Maximum Annual Assessment. The initial maximum annual assessment, which shall be payable quarterly commencing on October 1, 1996, shall be as follows: All lots in Intracoastal Watch, as it may be expanded from time to time shall have an initial annual assessment of $480.00. The entire $480.00 assessment is payable to and for the Association. Until January 1 of the calendar year following the conveyance of the first Lot by the Declarant to another owner the maximum annual assessment shall be $720.00. (a) The maximum annual assessments established above may be increased, effective January 1 of each calendar year following the conveyance of the first Lot by the Declarant to another Owner, without a vote of the membership, provided that the RECEIVED 5 NOV 3 0 2015 DCM- MHD C17 RECEIVED GCM WILMINGTON, NOV 0 6 2015 BOOK PACE 2044 0785 percentage of any such increase not exceed the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and clerical Workers, all cities, all items, published by the United States Department of Labor, over the 12 month period ending on the October 31 immediately preceding that January 1. If the annual assessment is not increased by the maximum amount Permitted under the terms of this provision, the difference between any actual increase which is made and the maximum increase permitted for that year shall be computed and the assessment may be increased by that amount in a future year at the election of all members of the Board of Directors without a vote of the membership, in addition to the maximum increase Permitted under the terms of the preceding sentence. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, said maximum annual assessments may be increased without limitation if such increase Se approved by Members entitled to no less than two-thirds (2/3) of all of the votes. Such voting may be represented in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessments at amounts not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any year a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost Of any construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, including fixtures and personal property related thereto, and the common roadways serving the Development provided that any such assessment requires the saes assent of the Members as Provided in Section 3(b) of this Article. Section 5. Notice and Quorum for Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under sections 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting the presence of Members or of proxies entitled to cast seventy-five percent (75%) of all the votes of each Class of membership she 11 constitute a quorum. If the required quorum is not present, subsequent meetings may be called, subject to the same notice requirement, until the required quorum is present. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments Due Dates. The annual assessments provided for herein shall commence as to each Lot upon its conveyance to the first purchaser thereof. The first annual assessment shall be adjusted according to the number of months remaining in the calendar ysar. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Assessments as to Lots owned by the Developer will commence when the number of class B votes is fewer than the number of the Class A votes. However, if the Developer retains any Lot or Lot solely for its personal use, assessments shall commence as to SIR E C E IV E D NOV 3 0 2015 DCM- MHD CI RECEIVED DCM WILMINGTON, NOV 0 6 2015 2044 0786 Such Lots upon commencement of construction of a dwelling thereon, or upon the number of Class B votes becoming fewer than Class A votes, whichever occurs earlier. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (10) days after the due date shall bear interest from the due date at the rate of twelve percent (1211) per annum. In addition to such interest charge, the delinquent Owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Association to defray the costs arising because Of late payment. The Association may bring an action at law against the delinquent owner or foreclose the lien against the Lot, and interest, late payment charges, costs and reasonable attorneys' Peas of such action or foreclosure shall he added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by not using the Common Area, or by abandoning his Lot. Section S. Subordination of the Lien to Mortgages. The lien Of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust on A Lot or any mortgage or deed of trust to the Declarant. The sale or transfer Of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer; provided, however, that the Board of Directors may in its sole discretion, determine such unpaid assessments to be an annual or a special assessment, as applicable, collectable pro rate from all owners including the foreclosure sale purchaser. Such pro rate portions are payable by all Owners notwithstanding the fact that such pro rate portions may cause the annual assessment to be in excess of the maximum permitted under Section 4. No sale or transfer shall relieve the purchaser of such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any mortgage or dead of trust as above provided. ARTICLE VI DESIGN AND ARCHITECTURAL CDNTRDL Section 1. Architectural Committee. For purposes of this Article VI, the Declarant shall function as the Architectural Committee (the "Committee*) so long as Declarant is a Class B Member of the Association and for so long thereafter as the Declarant deems necessary in its sole discretion. The Declarant may, however, relinquish the responsibility of the Architectural Committee to the Board of Directors when it deers it appropriate to do following which the Board of Directors of the Association shall appoint the members of the Committee to carry out the functions set forth in this Article. All references hereinafter in this Article II to the Declarant shall be understood to refer also to the Architectural Committee in the event that one has been appoint pursuant hereto. Section 2. Definitions. For purposes of this Article VI, the following terms shall hall the following meanings unless the context clearly requires a different meaning: (a) "accessory building" means every detached garage, carport, tool shed, storage or utility building, wellbouse, guest quarters, detached servants' quarters or other similar building constructed on a Lot which is not a dwelling; (b) "buildings" means accessory buildings and dwellings; (c) "dwelling" means a building constructed for single- R EC E NOV 3 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 BOOK PACE 2044 0787 family residential use, including servant or guest quarters; and (d) "improvements-- or ^structures^ mean buildings and all walls, fences, decks, patios, planter,, terraces, swiminq pools, tennis courts or anything else constructed or placed on a Lot. Section 3. General Guidelines. (a) Reservations: The Declarant reserves the right to change, alter, or redesignate roads, pedestrian easements, Utility and drainage facilities, plus such other present and Proposed amenities or facilities as may, in the sole judgment of the Declarant, be necessary or desirable. (b) Variances: The Declarant may allow adjustments of the conditions and restrictions stated herein order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein, provided, however, that such is done in conformity to the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustments of height, size, and setback requirements May be granted hereunder. (c) Development Concept: It is the express intention of the Declarant to maintain in this residential community a uniform plan of development that will blend with and not detract from the natural environment with respect to design, type and general appearance of the structures to be erected on the lots. Property owners are encouraged to have their architects contact the Declarant prior to any costly design work for conceptional guidelines pertaining to the residential community. (d) Approval of plans: The proposed Site and Grading Plans; Building Plans and Specifications; Exterior Colors and Finishes; and Construction Schedule must be approved by the Declarant. one (1) copy of all plans and related data shall be furnished to the Declarant for its records. Until all of the above listed prerequisite plans are approved no improvements or structures shall be erected, placed, or altered on any residential lot. The material used, as well as the design, shall be subject to the prior written approval of the Declarent. The decision of the Declarant shall be absolute and in his sole discretion; the Declarant may require modifications of plans based on solely aesthetic considerations, or any offsite considerations. The Declarants approval is required for any improvement including, but not limited to, location and construction of driveways, outbuildings and fences. The Site and Grading Plans should show the proposed location of each building, structure, driveway, parking area, other improvements, and proposed alterations to the physical characteristics of the site. The grade, elevation, or physical characteristics (including but not limited to slopes and tree growth) of any such lot shall not be altered in any way whatsoever without prior written approval of the Declarant based upon a Site or Grading Plan. The Declarant encourages the planting of flowering shrubs and trees; however, all tree removal or planting of trees, bushes, shrubs, grasses, or other vegetation whatsoever, shall be based upon a Site Plan, Landscaping Plan, or Planting Plan which has been submitted to and received written approval from the Declarant. Upon the written request of a lot owner for approval of Plans, the Declarant shall under its decision with regard to approving or disapproving those plans in a timely manner. If the Declarant approves the construction of such improvements, it RECEIVE NOV g 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0988 shall issue a certificate evidencing such approval. Refusal or approval of any such plans or specifications may be based by the Declarant upon grounds, including purely aesthetic and environmental considerations, that in the sole and absolute discretion of the Declarant shall seem sufficient. Without the prior written consent of the Declarant, no changes or deviations in or from such plans or specification as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Declarant. Upon completion of approved construction, the Declarant shall inspect the construction to insure that the approved Plans and specifications were complied with by the owner. No structure may be occupied or used until the issuance by the Declarant of a certificate of compliance. The certificate of compliance shall be issued by the Declarant without fee; provided, however, that in the event that the Declarant's first inspection of the construction reveals deviations or deficiencies from the approved Plans and specifications, the Declarant may charge a fee of $50.00 for every subsequent inspection which is necessary to insure compliance with the approved Plans and specifications. Any such fee must be paid before the issuance of the compliance certificate. If the finished building or other structure does not comply with the submitted plans and specifications, the Declarant retains the right to make the necessary changes at the owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. (e) Subdividing: No lot shall be subdivided, or its boundary lines changed without the prior written consent of the Declarant with the exception of lots 8, 9, and 10. The owners of those lots shall have the right to subdivide those lots to create an additional lot of 15,000 square feet at the rear of each of those lots provided that as subdivided all six lots shall be in full compliance with these restrictions. The owner of lots 8, 9, and 10 who subdivides his lot pursuant hereto shall be solely responsible for complying with all governmental laws, rules, and regulations and for obtaining any regulatory approval required in order to accomplish said subdivision. The owner shall also be solely responsible for any hookon or tap -in fees and other utility expenses associated with said subdivision. However, the Declarant hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include but not limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. (f) The Declarant will promulgate a specific set of guidelines as to structural materials, roofing materials, maximum elevations and other improvements aspects to serve as a guidelines for planning improvements on lots in Intracoastal Watch. The Declarant retains the right to amend the guidelines at its sole discretion from time to time, without approval from the Association. Section 4. Site Improvements: (a) Building Setback Guidelines and Requirements: The front building setback line shall be a minimum of forty (40) feet from the front of each lot (i.e., the boundary line which runs with the margin of the right-of-way of the road on which the Lot fronts). The side building setback line shall be a minimum of ten (10) feet from RECEIVED NOV 3 0 2015 DCM- MHD CI RECEIVED DCM WILMINGTON, NC NOV 062015 2044 0789 each side of each lot. The rear building setback line shall be forty (40) feet from the rear of each lot. In the event of any conflict between these guideline requirements and any other later imposed by any governmental authority, Declarants guidelines shall govern. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the water, preservation of land contour, important trees, and other vegetation, ecological and related considerations, variances for these specific setback guidelines my be granted by Declarant. In order to assure, however, that the foregoing considerations are given maximum effect, the Declarant reserves the right to control and approve absolutely the site and location Of any house or dwelling or other structure upon any lot. (b) Use of Fill and Changes in Elevation: No changes in the elevations of the land shall be made on any lot, nor any fill placed within the common easement areas or within the regulatory setback lines; nor shall any lot be increases in size by filling in the waters on which it abuts without prior written approval of the Declarant plus state and federal agencies. (c) Adequate Drainage Requirements: It shall be the obligation of the Lot Owner to provide adequate drainage for his or her lot to the end that the property or properties adjacent to said lot shall not be subjected to other than the natural flow of drainage presently existing. It shall also be the obligation of the lot owner to provide, install antl maintain adequate culvert or drainage pipe beneath his or her driveway as it crosses the street right-of-way in order that the natural flow of drainage will not at any time be blocked along the street right-of-way. The size of such drainage pipe shall be determined by the Declarant, or the appropriate municipal regulatory authorities. All improvements constructed must have gutters to collect rain runoff from roofs and flat areas. All runoff and drainage must be directed to flow towards the streets. (d) Off Street Parking; Each Lot owner shall provide space on his lot for off street guest parking for not fewer than two M passenger vehicles prior to the occupancy of any single family dwelling constructed on said lot. Said parking areas and driveways thereto shall be in accordance with reasonable standards and shall be constructed of concrete, asphalt, crushed stone, crushed shells, or any other material approved by the Declarant in writing as provided for in Section 3(d) hereinabove. (e) Underground Utility Requirements: All electric transmission or service lines within the perimeter bounds of any lot, common area or easement shall be installed beneath the surface of the ground. (f) Use of Individual water supply systems: No individual water supply system shall be permitted except a non -potable lawn irrigation system or a water to air heat system. A shallow well may be permitted for such water supply without prior written approval by the Declarant. The pump, pressure tank, and pump house, if any, shall be considered structures. The Declarant reserves the right to enter a contract with a community water system for delivery of potable water to all the lots of Intracoastal Watch, and to grant such rights of way or easements to the water system operator as are deemed necessary or desirable by either the Declarant or the said system operator. (g) Driveway Location: The Declarant has the right to decide in its sole and absolute discretion the precise site and R ` C E IVE D to NOV 3 0 2015 DCM-1VHr') C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0790 location of any driveway placed upon any right-of-way; provided, however, that the owner shall be given the opportunity to recommend a specific site for such improvements. (h) Alteration of Land common Area: There shall be no changes, including, but not limited to, planting or cutting of tress, bushes or shrubs in the wooded common area, the park common area and the common areas located within the roadway except with the express written permission of the Declarant. There shall be no changes made to any lake or pond without the express permission of the Declarant. Any lot bordering on a lake or pond shall submit any improvement or alteration to be done within 40 feet from the edge of the said lake or pond to the developer for approval and/or alteration, which may be granted or denied in the Declarants sole discretion. These requirements are to promote a uniform attractive nature of the common area, lakes and ponds for the benefit of all the Lot Owners. (i) A maximum of 301 of any lot may be covered by non - permeable material. Non -permeable material includes any material through which rain does not pass unrestricted. Section 5. Structural Improvements: (a) Residential Use: No structure, except as hereinafter Provided, shall be erected, altered, placed or permitted to remain on any residential lot other than a detached single family dwelling. No building or other structure, or part thereof, at any time situated on such residential lots shall be used as a Professional office, charitable or religious institution, business or aanufacturing purpose, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment unit thereon. (b) Building Materials: All structures constructed or placed on any lot shall be built of substantially new materials. Any structure erected on the lots shall be of wood, stone, brick veneer, tiles, or concrete and stucco. Any accessory buildings or structures shall be constructed of the same material as the main dwelling, or from other suitable material specifically approved in writing by the Declarant. (c) Square Footage of Enclosed Dwelling Area: Every dwelling constructed on a Lot shall contain at least the minimum required square footage of fully enclosed and heated floor area. The ■inimum required square footage shall be 2000 square feet for all single level homes and 2400 square feet for all two -level homes (the first level shall have a minimum of 1000 square feet); exclusive of patios, attached garages, terraces, decks, roofed and unroofed porches and accessory buildings. (d) Enclosed Garage: All homes are permitted to have an enclosed two car parking garage serving the main house structure. No covered parking facility may be constructed other than an enclosed garage unless incorporated into the main dwelling structure. (a) Screening of Refuse Receptacles: Each lot owner shall provide receptacles for ashes, trash, rubbish, or garbage on his lot in a screened area not generally visible from the road, other lots, or from common easement areas; or provide underground receptacles (or similar facility) in accordance with reasonable standards established by the Declarant. (f) Mailboxes and Newspaper Receptacles: Mailboxes for all lots shall be at a central location near the electric gate. No ^ ,) ECEiVE NOV 3 0 2015 I)r`An P'No " RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0791 mail box, paper box, or other receptacle of any purpose shall be erected or located in the road right of way or on any building lot. (9) Fuel Tanks and Similar Storage Receptacles: No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within an accessory building with a screened area (so as not to be generally visible from the road, adjoining lots, or common areas) or buried underground; provided, however, that nothing contained herein shall prevent the Declarant from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. (h) Clothesline or Drying Yards: Clothesline or drying yards are not permitted. (i) Fences and Walls: No fence, or wall for any purpose shall be erected or located on any building lot, easement, or common area unless and until the plans and specifications showing the nature, shape, height, materials, and location for said fence or wall shall have been approved by the Declarant in accordance with Section 3(d) herein. (j) lawns: All lawns shall be established wholly through the application of sod. ARTICLE VII USE RESTRICTIONS AND REQUIREMENTS Section 1. Maintenance Standards. (a) Preservation of Well Kept Buildings and Grounds: Each lot owner shall prevent any unclean, unsightly or unkempt conditions of any buildings or grounds on his lot which would tend substantially to decrease the beauty of any of the property or diminish or destroy the enjoyment of other lots by the owners thereof. This restriction includes, but is not limited to, a prohibition against storage on any lot of anything unclean, unsightly or unkempt. (b) Pre -Construction Maintenance of Lots: Prior to commencement of the erection of any residence on a lot, the owner of such lot, shall from time to time cut, or cause to be cut, and keep cut or cause to be kept cut, all weeds and brush on such lot and shall remove any resulting debris, to comply with Section 1(a) hereof. Should such Owner fail to do so the Declarant say do so, and the reasonable expenses thereof shall be paid by such owner to the Declarant within thirty (30) days thereafter. In the event of a failure of such owner to pay the Declarant as above provided, the Declarant shall have the right to file a notice of lien in the office of the Clerk of the Superior Court Of New Hanover County, North Carolina, and from and after the filing of such notice of lien, the Declarant shall have a lien on such lot for the payment of such sum, with interest at the rate of 12% per annum, all in like manner as if the Declarant had performed such work at the instance and request of such owner. Any such lien, however, shall be subordinate and inferior to any mortgage then or thereafter encumbering such lot. (c) Reconstruction. Any building on any lot which is destroyed in whole or in part by the fire, windstorm, flood or other Act of God must with reasonable promptness be rebuilt or all debris from such destruction removed and the lot restored to the condition it was in prior to commencement of construction of such building. Any such reconstruction must be commenced within six (6) months from the data of such destruction. All debris must be removed and the lot restored to its prior condition within three (3) months of such destruction. RECEIVED 12 NOV 3 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 BOOK PAGE 2044 0792 (d) Mobile Homes and Temporary Structures: No mobile home or other structure of a temporary character shall be placed or stored upon any lot, easement or common area at any time, provided, however, that this prohibition shall not apply to shelters on the building lot used by the contractor during the construction of the main dwelling house when permission for the same has been granted by the Declarant. These latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction. (a) vegetable Gardens: There shell be no vegetable gardens in the subdivision. (f) Exterior Antennae and Aerials: Exterior radio and television aerials and satellite dishes for reception of commercial broadcasts shall not be permitted in the Subdivision; and no other aerials or satellite dishes (for example, and without limitation, amateur short wave or ship to shore) shall be permitted In the Subdivision without prior permission of the Declarant, or assigns, as to design, appearance and location. (g) Signs: No permanent sign of any character shall be displayed upon any part of the property except a sign bearing the name of the owner and/or the street address without permission of the Declarant. Said signs shall not exceed the dimensions of 5 inches by 20 inches. All temporary signs such as builders' signs, realty signs, etc., must be approved by the Declarant. These signs should be placed in the center of the lot, outside the street right of way. Under no circumstances may signs be nailed to trees. All signs must be clean, neat, and maintained in good repair. (h) leasing. No building on any lot may be leased except in accordance with rules and regulations promulgated by the Association. (i) Internal Ownership. No Owner may lease, deed, sell, convey, or otherwise transfer his lot under any time-sharing or interval ownership arrangement. (j) Hazardous Activities. Nothing shall be done or kept on any lot or in the Common Area which shall increase the rate of insurance on the Common Area or any other lot without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept on his lot or in the Common Area which would result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. Section 2. Rules and Regulations. The Developer, or the Association, shall have the right to promulgate rules and regulations concerning any and all aspects of the use of the roads, easements and common area of Intracoastal watch. The rules and regulations set out herein are not exclusive, and additional rules and regulations may be promulgated by the Developer from time to time. Violations of the rules and regulations may be enforced by assessment of penalties which shall become additional assessments assessed on the Lot Owner violating the rules and regulations. (a) Use of the common areas and easements shall be limited to that for which they were designed or intended by the Developer. All users shall maintain the common area neat and clean and not permit or cause any damage or destruction thereto. Offenders may be fined, which fines shall be added as an additional assessment to the Lot Owner. 13 RECEIVE NOV 3 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 062015 BOOK PACE 2044 0793 ARTICLE vlll COMMON AREAS AND COMMON EASEMENTS Section 1. Easements Reserved by Declarant. The Declarant reserves easements for the installation and maintenance of driveways, walkways, parking areas, water lines, telephone and electric power lines, cable television lines, sanitary sewer and storm drainage facilities, drainage ditches and for other utility installation over the properties of Intracoastal match, as it may be expanded from time to time. Each Owner, by his acceptance of a deed to a lot, and the Association, by its acceptance of a dead to the Common Aream, acknowledge such reservation and the right of Declarant to transfer such easements to the Association or to such utility companies as Declarant may choose. The easements reserved by the Declarant include the right to out any trees, bushes or shrubbery, make any gradings of the soil, or take any similar action reasonably necessary to provide economical utility installation and to maintain the overall appearance of the Development. The easements reserved by the Declarant shell be shown on the Maps. The Declarant further reserves the right to locate wells, pumping stations, lift stations and tanks within any Common Area or any residential lot designated for such use on any Map or upon any lot adjacent to such designated lot with the permission of the Owner of such adjacent lot. Within any such easement, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation of sewerage disposal facilities and utilities, or which may change the direction of flow or drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. In addition, the Declarant and the Association shall have the continuing right and easement to maintain all sewer, water and utility Lines located on all lots, access easements, utility and pedestrian easements, as necessary. Section 2. Non -Dedication To Public Use: Nothing in these Restrictions, nor in the recording of any plat or deed pursuant hereto, shall dedicate or be deemed to dedicate to public use any of the streets, bridges, common area or other property within the subdivision. Section 3. Use of Common Area: The Common Area shall not be used in any manner except as shall be approved or specifically Permitted by the Association. The Association shall, in its sole discretion, retain the right to establish rules and regulations for the use and enjoyment of all such property. Section 4. Access Easement: The purpose of access easements is to provide members of the Association and their escorted guests pedestrian access to the common areas of the subdivision. This privilege is extended by the contiguous lot owners with the understanding that the access easements will be maintained in good repair as a responsibility of the Association. Common courtesy dictates that use of the access easement and common areas occur in as unobtrusive manner as is feasible with full respect for the privacy and property rights of the lot owners involved. Any members of the Association found to be responsible for abuse of the access easement privilege may have this privilege rescinded for an appropriate period of time by the Board of Directors of the Association. 14 RECEIVED NOV 3 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0794 ARTICLE Ix CONSTRUCTION GUIDELINES Section 1. Period of Construction: The exterior of all houses and other structures must be completed within eighteen (le) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency Or natural calamities. Section 2. Conduct of Construction Vehicles: During construction all involved including those delivering supplies must enter the building lot on the driveway only as approved by the Declarant no me not to damage unnecessarily trees, street paving and curbs. Section I. Removal of Construction Debris: During construction the builder must keep the hones, garages, and building sites clean. All building debris, stumps, trees, etc., must be removed from each building lot by the builder as often as necessary to keep the house and lot attractive. Such debris may not be dumped in any area in the subdivision. Section a. Storage of Construction Materials: Construction material storage must he set back from the lot property lines in accordance with the same restrictions as stated for Building Setback Guidelines (Article VI, Section 4). Section 5. Each dwelling constructed in the subdivision shall be built under the direct supervision of a general contractor licensed under North Carolina law to build such a dwelling. ARTICLE X INSURANCE Each Owner shall secure and maintain in full force and effect at such owner's expense, one or more insurance policies insuring the Owner's improvements on the lot for the full replacement value thereof against loss or damage from all hazards and risks normally covered by a standard -Extended Coverage" insurance policy, including fire and lightning, vandalism and malicious mischief. Each Owner, at the Owner's expense, shall secure and maintain in full force and effect comprehensive personal liability insurance for damage to the person or property of others occurring on Owner's Lot, any other Lot, or upon the COno, on Area, in an amount not less than the amount designated by the Association. The Owner shall provide the Association with satisfactory evidence that such insurance as herein required is in full force and effect and the Association will be given thirty (IO) days' notice prior to the expiration or cancellation of any Owner's insurance coverage. In the event the owner fails or refuses to maintain such insurance coverage as herein required, the Association may, but shall not be obligated to, through its agent or representative, secure and maintain such insurance coverage for the Owner's benefit, and the costs or expense thereof shall be deemed a special assessment levied by the Association against the Owner and the Owner's Lot in accordance with the other provisions of this Declaration and the Owner covenants and agrees to pay to the Association such special assessment upon demand. This insurance provision may be modified or amended to substitute one comprehensive insurance policy covering all Lots Provided the approval of a majority of the Owners is obtained and approval by 75t of the owners and holders of first deeds of trust 15 RECEIVED NOV 3 0 2015 p0hfi- ",HD C RECEIVED DCM WILMINGTON, NC NOV 0-6 2015 2044 0795 on the Lots is obtained. Such approvals Shall be in writing but need not be acknowledged and shall be attached to an amendment to this Declaration which amendment Shall be executed only by the Association and recorded in the New Hanover County Registry. The Declarant and the Association shall have the right to obtain a comprehensive insurance policy covering liability as well as extended coverage, the premiums of which shall be paid by the Association. ARTICLE XI RIGHTS OF MORTGAGEES Secon 1. Approval of Owners and Holders of First Deeds of Truelti . Unless at least Seventy-five percent (M) of the owners and holders of first deeds of truSL on Lots located within the Property then subject to the full application of this Declaration have given their prior written approval, the Association shall not: (a) by act or omission seek to abandon, partition, subdivide, encumber. Sell or transfer any real estate or improvements thereon which are owned, directly or indirectly, by the Association (the granting of easements for utilities or other purposes shall not be deemed a transfer within the meaning of this clause); (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; (c) by act or omission change, waive or abandon any plan of regulation, or enforcement thereof pertaining to the architectural design or the exterior appearance of residences located on lots, the maintenance of party walls or common fences and driveways, or the upkeep of laves and plantings in the subdivision; (d) fail to maintain fire and extended coverage insurance on insurable improvements in the Common Area on a current replacement cost basis in an amount not less than one hundred percent (2001) of the insurable value; or (a) use the proceeds of any hazard insurance policy covering losses to any part of the Common Area for other than the repair, replacement or reconstruction of the damaged improvements. Section 2. Books and Records. Any owner and holder of a first deed of trust on any Lot will have the right to examine the books and records of the Association during any reasonable business hours. Section 1. Payment of Taxes and Insurance premiums. The owners and holders of first deeds of trust on Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for property owned by the Association and the persons, firms or corporations making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE XII CONDEMNATION Section 1. Partial Taking Without Direct Effect on Lots. If part of the properties shall be taken or condemned by any authority having the power of eminent domain, such that no Lot is taken, all compensation and damages for and on accou:-t of the 16 RECE NOV 3 0 2015 DCM- MHD C RECEIVED DCM WILMINGTON, NC NOV 062015 2044 0796 taking of the Common Area, exclusive of compensation for consequential damages to certain affected Lots, shall be paid to the Board of Directors of the Association in trust for all owners and their mortgagmes according to the losses or damages to their respective interests in such Common Area. The Association, acting through the Board of Directors, shall have the right to act on behalf of the Owners with respect to the negotiation and litigation of the issues relating to the taking and compensation affecting the Common Area, without limitation on the right of the Owners to represent their own interests. Such proceeds shall be used to restore the Common Area with the excess, if any, paid to the Owners whom e Lots are specifically affected by the taking or condemnation. This is not intended to restrict the Owners from joining in the condemnation proceedings and petitioning on their own behalf for consequential damages relating to loss of value of the affected Lots, or personal improvements therein, exclusive oI damages relating to Common Area. In the event that the condemnation award does not allocate consequential damages to specific Owners, but by its terms includes an award for reduction in value of Lots without such allocation, the award shall be divided between affected Owners and the Board of Directors as their interest may appear by arbitration in accordance with the rules set in the Uniform Arbitration Act, Article 45A in Chapter 1 of the North Carolina General Statutes, as it may be amended from time to time. Section 2, partial or Total Taking Directly Affecting Lots. If part or all of the properties shall be taken or condemsd by any authority havin ng the power of eminent domain, such that any Lot or a part thereof (including specific easements assigned to any Lot) is taken, the Association Shall have the right to act on behalf of the Owners with respect to Common Area as provided in Section 1 of this Article and the proceeds shall be payable as outlined therein. The Owners directly affected by such taking shall represent and negotiate for themselves with respect to the damages affecting their respective Lots. All compensation and damages for and on account of the taking of any one or more of the Lots, or personal improvements therein, shall be paid to the Owners of the affected Lots and their mortgagees, as their interests may appear. Section 1. Notice to Mortgagee. A notice of any eminent domain or condemnation proceeding shall be sent to holders of all first mortgages. ARTICLE kIII GENERAL PROVISIONS Section 1. Entry: The Declarant reserves for itself, its successors and assigns, and its agents the right to enter upon any residential lot, for the purpose of nowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other earthwork, which in the opinion of the Declarant detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Declarant and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Declarant to undertake any of the foregoing. section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. The failure of the Association or of any Own or RECEIVED to enforce any covenant or restriction herein contained shall in 17 NOV 3 0 2015 DCM-1VHD C RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 2044 0797 no event be deemed a waiver of the right to do so hereafter section 1. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section a. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land until January 1, 2010, after which they shall be automatically extended for successive periods of ten (10) years. This Declaration (except AS set forth to the contrary in Article IV, Section 1) may be amended by an instrument signed by the peters of not lase than seventy-five percent (75i) of the Lots. Section 5. Additions to Covenants. The Declarant may include in any contract or deed hereafter made, any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth herein. section 6. Release of Lots. The Declarant may at any time release any lot shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any or all additional restrictions and Covenants imposed pursuant to the provisions of Section 5 above, provided the written consent thereto of the owner or owners of not less than two-thirds in number of the lots shown on said plat shall be obtained, and such release cannot be deemed to be an action negating the effective coverage of these restrictive covenants on the remaining lots. Section 7, Assignment or Development Rights. If the Declarant shall transfer or assign the development of such subdivision cr if it shell be succeeded by another in the development of such subdivision, then such transferee, assignee, or successor shell be vested with the several rights, powers, privileges or authorities given said Declarant by any part or paragraph hereof. The foregoing provisions of this paragraph shall be automatic, but the Declarant may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee or successor. In the event the Declarant contemplates, or is in the process of, dissolution, merger or consolidation, the Declarant may transfer and assign to such person, fire or corporation as it shall select any and all rights, powers, privileges and authorities given the Declarant by any part or paragraph hereof, whether or not the Declarant shall also transfer or assign the development of such subdivision or be succeeded in the development of such subdivision. In the event that at any time hereafter there shall be no person, firm, or corporation entitled to exercise the rights, powers, privileges and authorities given said Declarant under the provisions hereof, such rights, powers, privileges and authorities shall be vested in and exercised by the Declarant to be elected or appointed by owners of a sajority of the lots of said land. In such event, the Declarant shall then have the same rights, powers, privileges and authorities as are given to the Declarant by any part or paragraph hereof. Nothing herein shall be constructed as conferring any rights, powers, privileges, and authorities in said Declarant except in the event aforesaid. Section 8. Modifications. The Declarant specifically reserves the right to amend any part or all of the restrictions, covenants, and conditions herein set out by filing in the office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants. Such amendments, modifications, or additions to the restrictive covenants contained in this Declaration shall be made applicable to the conveyance of lots made subsequent to the recording of such declaration of amended 1s R ^ C 'v E'�CE NOV 3 0 2015 DCM- MHQ C RECEIVED DCM WILMINGTON, NC NOV 062015 2044 0798 restrictive covenants. Declarant further specifically reserves the right to &send a recorded plat of any lot or any group of lots in Intracoastal Watch, as it any be expanded from time to time. Section 9. Remedies Against violations. The covenants and restrictions herein shall be demand to be covenants running with the land. If any person claiming under the Declarant shall violate or attempt to violets any of such restrictions or covenants, it shall be lawful for the Declarant, or any person or persons owning any residential lot on said land: (A) to prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restrictions for the purpose of preventing such violation, provided however, that the remedies in this paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing Provisions of this paragraph enforcement of these covenants and restrictions shall be made by the Association, of which every record owner of a fee or undivided fee interest in any lot shall be a member. Invalidation of any provision of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the covenants and restrictions which shall remain in full force and effect. $eCtimn 10. Lots Subject to Covenants. The Declarant hereby covenants and agrees that every contract of sale or deed made by the Declarant wherein is described any residential lot of said land shall include or be subject to, by reference or otherwise, each and every covenant and restrictions herein written, or the substance thereof, and, subject to the reservations herein, the Declarant shall ocnfora with and abide by the foregoing covenants as to all of said Land. Section 11. Regulations. Reasonable regulations governing the use of the Common Area and external appearance of all structures erected on the Lots may be made and amended from tine to time by the Board of Directors of the Association; provided, however, that all such regulations and amendments thereto shall be approved by a majority vote of the Owners before the same shall become effective. Copies of such regulations and amendments thereto shall be furnished to each Member by the Association upon request. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed all the day and year first above written. ATTEST. f • �. )A'V'�•�o+' Secretary (corporate SSSeal) V 2 pF ✓�i Py 9 19 RECEIVED NOV $ 0 2015 DCM- MHO CI RECEIVED DCM WILMINGTON, NC NOV 062015 C/L CURVE DATA CURVE 1 CURVE 2 CURVE 3 00' R . L W1 r' 2 MOT 1 48.3w i- 5 CURVE 4 CURVE 5 CURVVEE 6 o-7rau, R - 250.00' �' 1ew'U• • 250DD' C • 17'27'33- L "IS, M' R • MO0• L - 76. L - 7670 OERflFlCA� APPROVAL REG011DED AND VERIFIED MARY SUE 0^.TS REGISTER OF DE DS NEW HANOVER CO. NC '96 JUN 13 PSI 4 44 I �- ; 5' DOD SMACK 52r.= xnx'a1 LOT 10 471RR') / enact -- STA�0T7S 20' MOVAT[ ACCC55 [ASEM[HT a+x E LOT 911[ p0G[55 CG5C!(t(T-Srw 117.M m /S sSRxin .k .wLOT 8 MUC 503.30' EASEMENT DETAIL � v z n Z o :!E z I ELOPED By. O [M CD OOLIN O[ADM ROAD Q3 m 2 W Q -I KID 40-3'Q-/523 o -i \ O 0 N c� Zn RED CHANNEL MARKER S 148 Coastal Management ENVIRONMENTAL QUALITY TMEMORANDUM. ti ­ PAT MCCRORY Govemar DONALD R. VAN DER VAART SEW C omme_ ,4 s �,J8 %TVV 1z/1-7/15 November 20, 2015 Georgette Scott Stormwater Section DEMLR - WiRO Secretary BRAXTON DAVIS Oveclor ECEIVE NOV 2 3 2015 BY: FR,0M: / Heather Coats, Assistant Major Permits Coordinator 6 NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCilncdencoov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Anthony Dombroski c/o ATD Construction Project Location: 1632 Sound Watch Dr. (lot 8), adjacent to Everett Creek/AIWW & Myrtle Grove Sound, in New Hanover County. Proposed Project: to construct a single-family residence & pool with associated wetland fill, and a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 16, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: 0 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended chi are incorporated. See attached. his agency objects to the project for reasons described in the comments. SIGNED DATE �'7 / IS 4 o m o. ;�-kti .L 3 0 'tee -,•� aV. S~/o — /v- - k Nothing Compares w S c) Per f Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 0 O r-r KC cZi r 8� Z Z 0 \0 2980 JAN 20 Ph 3: 56 STATE OF NORTH CAROLINA RECOIDEDAUOyERIFIEO DOOK PAGE VARY SUE OOTS REGISTER, 0= DEEDS ? COUNTY OF NEW HANOVEA 6 9 3 0 8 7 9 )fs'(••�in,.iD„ ;,,� .ly AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTRACOASTAL WATCH OO�Og7 THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTRACOASTAL WATCH is made and entered into this day of January, 2000, by Daalar, Inc., a North Carolina corporation (hereinafter referred to as -Declarant"), David W. Robinson and wife, Teresa C. Robinson, and Robinson S Associates Builders, Inc., a North Carolina corporation (hereinafter referred to as lot owners). TRAT, WHEREAS, Declarant heretofore executed a Declaration Of Covenants, Conditions and Restrictions for Intracoastal Watch and caused the same to be recorded in Book 2044, Page 0780 of the New Hanover County Registry; and WHEREAS, in accordance with Article Iv, Section 2 and Article EIII, Section 4, of said Declaration, the Declarant and lot owners have, because they have greater than three -fourths 3/4 of the eligible votes the right to amend the Declaration. NOW, THEREFORE, the Declarant and Lot Owners do hereby amend the Declaration by deleting subsection (i) of Section 4 of ARTICLE VI, and substituting in place thereof the following subsection: LU Stormwater Management: No more than 4300 square feet of any lot shall be covered by structures end/or paved surfaces, including walkways or patios or brick, slate or similar materials, but specifically excluding walkways and decks of wood provided that such walkways and decks are constructed in such a manner as to allow stormwater runoff to infiltrate the soil beneath the same. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. Lots within CANA'S Area of Environmental Concern may have the permitted built -upon area reduced due to CANA jurisdiction within the area of environmental concern. This covenant is intended to ensure compliance with the stormwater runoff rules heretofore adopted by the State of North Carolina. Accordingly, its provisions may be enforced by the State of North Carolina. These covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the North Carolina Division of Water Quality. To the extent the provisions of this subsection are inconsistent with the provisions elsewhere in this Declaration, the provisions of this subsection shall control. Except as amended hereby, the Covenants, Conditions and Restrictions of the Declaration shall retain their full force and effect. IN WITNESS WHEREOF, the Declarant and all of the Lot Owners have caused this instrument to be executed and their seals affixed all on the day and year first above written. DACLAR, INC. C_r,,zz) THr�ti� f5ob: 39a- iFs nsc.i U18827 a 3 RECEIVED NOV 3 0 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 N BOOK PAGE 14693 0880 Attest: talYnu•�- ' 7 ary (Corporate Seal) Pa ; Attest: (Corporate Seal) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BVILa ('D �) President Beall DAVID N. ROBINSON _ ,&t� C, (Seal) TERESA C. ROBINSON E2%� ROBINSON 6 ASSOCZATEB,6 I'NN�C. BY: at-�— L. K President 1, /%,If A L'• /v a Notary Public in and for the county aforesaid do her by certify that Tt—lrc a C. R.Un',— personally came before me this day and acknowledged that he/she is Secretary of DACIM, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, RECEIVED sealed with its corporate seal and attested by her/him as its WitfA,We'h ;my hand and offices) stamp or seal, this the NOV 3 0 2015 '`y'th Yuary, 2000. Notary Public OT,4��tDCM- MHD CITY Mel e�d3ot� �ti�iirast luNa �RR-12DD/. RECEIVED Siii%L #NORTH CAROLINA [DCM WILMINGTON, NC COUNTY OF NEW HANOVER �///FN. iiP /�, l�a%4zA1 a Notary Public for the county NOV 0 6 2015 I, A and state aforesaid do hereby certify that David W. Robinson and wife, Teresa C. Robinson personally appeared before and acknowledged the due execution of the foregoing instrument. eooK PUCE 2693 0881 my hand and official seal this the aO day of 01 '_0 ! c.. Notary Pdblic axr C 11„ a �..f., ..:. mkij : Expires: Yuue 2344 QZV ,,;ATE'OF�%1WRTH CAROLINA ,CJ�a7@g0 NEW HANOVER T, /%�nf.%o /�zd oN a Notary public in and for the county aforesaid' do ereby certify that ^Jn++o f-i.a ,nc...,J personally came before me this day and acknowledged that he/she is Secretary of ROBINSON s A880CIATE8, BUILDERS, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her/him as its Secretary. Witness my hand and official stamp or seal, this the .2C, day of January, 2000. Notary Pu ifYl c v&?Rd 2!Y../ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing Certificate(s) of .0'. m ' Notary Public, is certified to be correct. s nstr ent and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. This the oi.y day of Register of Deeds for New Hanover County r RECEIVED NOV 3 0 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC NOV 062015 -0— NEW HANOVER CO RES 216 NORTH SECO WILNINSTO� a (C)tr. ry h�> �h �l. t,;, v� Revenu. „ �' ""°�llllllllllllllllll q C•,j .'C;� 4 q 'ti Svc.. ri r' u ti 0 h IIIIIIIIII IIIIIIII FOR REGISTTHEUSC REGISTER OF DEEDS TNMMY THEUSCH .Ty. Y NEW HRNOVER COUNTY NC 2014 DEC 30 03:1 I PM BK:5860 PG:322-325 FEE:$26.00 NC REV STRMP:$400.00 INSTpmENT 1 N14034906 .L WARRANTY DEED f\cturn to J.S. Nce ❑ If checked, n,. _ des the primary residence of at least one of the parties depicted as party of the first part. (N.C. Gen. Stat. V 1.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS SPECIAL WARRANTY DEED, made and entered into this the 29th day of December, 2014, by and between SOUTHERN BANK AND TRUST COMPANY, successor by merger to The Heritage Bank, having an address of 116 East Main Street, Mount Olive, North Carolina 28365, party of the first part; and ANTHONY T. DOMBROSKI, JR. and ANN M. DOMBROSKI, having an address of 1632 Soundwatch Drive, Wilmington, North CarolirR E C E I V E D 28409, party of the second part; NOV 3 0 2015 WITNESSETH: _ That the party of the first part in consideration of the sum of Ten and 00M MuM - M . H D C I Dollars ($10.00) and other good and valuable consideration paid to the party of the first part by the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto the party of the second part, said party's successors and assigns, the following described property to wit: Prepared by: WARD AND SMITH, P.A., 120 West Fire Tower Road, Post Office Box 8088, Greenville, NC 27835-8088 Attention Kimberly E. Lee, Esq. No opinion on title is rendered by WARD AND SMITH, P.A., without a separate writt � i on E D title from WARD AND SMITH, P.A. DCM WILMINGTON, NC NOV 0 6 2015 rim Generally described as certain real property, with any and all improvements thereon, located in New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 8, Intracoastal Watch as the same is shown on a map recorded in Map Book 36, Page 27, of the New Hanover County Registry, reference to which is hereby made for a more particular description. TOGETHER with a portion of a twenty foot -wide access easement crossing Lot 9 of Intracoastal Watch for the benefit of Lot 8 Intracoastal Watch as recorded in Map Book 37 at Page 329. _ Together with all additional rights, title, and interests of Grantor conveyed and described in the Trustee's Deed recorded in Book 5568, at Page 645 in the office of the Register of Deeds of New Hanover County. This is the same property described in the Trustee's Deed recorded in Book 5568, at Page 645 in the office of the Register of Deeds of New Hanover County. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns, forever. And the party of the first part covenants that said party has done nothing to impair such title to the aforesaid property as was received by said party and agrees to warrant and defend the title to said property against the lawful claims of all persons claiming by, through or under said party, except for any restrictions and encumbrances set forth above, but no further. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed with authority duly given in such form as to be binding, this the day and year first above written. SOUTHERN BANK AND TRUST COMPANY By: Q EKED Printed Name: DAI vLL/ S Position: kU o P P g 0 2015 DC^fi- nPH() CITY RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 ►�c, COUNTY NORT CAROLINA I certify that the following person personally appeared before me this day and acknowledged to me that he/she signed the foregoing document for the purpose stated therein and in the capacity indicated therein: 1 Jr. as EV 10 /C FO on behalf of Southern Bank and Trust ompany Date -;2a/5 6171cial Seal) VV E p49s��/,' ND: 4817-8575-6193,v.1 SignaturAyltotary Public Pe."U E - Parks Notary Public Printed or typed name My commission expires: S- 8 -.Zo/lp RECEIVED NOV 3 0 2015 DCM- M,HD CITY RECEIVED DCM WILMINGTON, NC NOV 0 6 2015 Coastal Management ENVIRONMENTAL QUALITY November 20, 2015 Anthony T. Dombroski, III c/o ATD Construction Company, Inc. 2900 Middle Sound Loop Road Wilmington, North Carolina 28411 Dear Mr. Dombroski: PAT MCCRORY Governor DONALD R. VAN DER VAART Sec"Wy BRAXTON DAVIS DirnWr The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at your property located at 1632 Soundwatch Drive, adjacent to Myrtle Grove Sound/AIWW, near Wilmington, in New Hanover County. It was received as complete on November 6, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 22, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 6, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Robb L. airs Field Representative cc: Heather Coats, DCM Doug Huggett, DCM Tyler Crumbley, USACE Chad Coburn, DWR Patricia Roberts, LPO New Hanover Co. Nothing Compares; . RECEIVED NOV 3 0 2015 DCM- MHD CITY State ofNortit Carolina I Envax n ner al Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 \Tt)'1'ICI: AMA PERMIT APPLIED FOR Oil I• - . Ir -�[•l•1.I1 t• i - - - - II n - LJ f 1 APPLICANT: N C rn � pool, lity at WW & FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: - 1 11=4 .l jtc ■ Complete items 1, 2, and 3. ■ 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. I. Article Addressed to: jj4 fACvt*SiA(. WA-M44 I b 'o13 doe ell W �1� * /5v f �R� i9�G II�IIIIII ICI I'IIIII IIIIIII III iIIIII'll I III�II 9590 9403 0402 5163 0130 97 IS Form 3811, April 2015 PSN 7590.02-000-9093 IN Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: FO(�~ CST 2 16.36 S«.a.out�cw GK II I IIIIIII IIII IIIIIII IIIIIII 111111111111111111111 9590 9403 0402 5163 0130 73 2. Article Number (Transfer from service label) PS Form 3811. All 2075 PSN 7530-02-000-9053 A X [a3 Is deliveryaddress different from item 17 U Yes If YES, enter delivery address below: 1XNo 3. Service Type ❑ Priority Mall Exprawss ❑ Adult Signature ❑ Registered Mailer ❑ Adult Signature Restricted Delivery ❑ Certified Meiq ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Recelpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Conflinral e' ❑ Insured Mail ❑ Signature Cori ar ion ❑ Insured Mall Reatrlcte0 Delivery Resticted Delivery F B. Dortrestic Return Recelpt ❑ Agent {(Lfi97(:�'�TC1 ��/t�I sry address different from Rem 1? Yes enter delivery address below: ❑ No 3. Service Type ❑ Pdudty Mail Express® ❑ Adult Signature ❑ Registered Mail- ❑ Adult Signature Restricted Delivery ❑ Registered Mal Restricted ❑ Certmed Mal® Delivery ❑ CeMed Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature Confirmallon'ry ❑ Insured Mail ❑ Signature Conlirmatlon ❑Insured Mail Restricted Delivory Restricted Delivery Domestic Return Receipt RECEIVED DCM WILMINGTON, NC `. 4111 N 0 V 1 9 2015 RECEIVED NOV 3 0 Z015 DCM- MHD CITY 4t l YILIIIN wdit WAI-4563 M. fw c f 43.45 M.+e....mr..o.roRnn.� ❑fWeiYOYq lrrWmwy /.� {� ■7Q(�� _. r ❑rwnR.o.ph�an+a /�yyy_ ] ❑ana.a WYR.mb.apMr t W WW 3 OaeuR erp.a..rw..e t 3 p�nrt,q�ru. nwurm.a or..y, 3 Pia,, t3.18 r 3 os «. ".43 Sent To """_ j Siieei arJ,ipe: Na:; urVll__.______. tIyl &MM, lNX4" ._........_._.__..... _. u7 Ln ■ I' . W � a . 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".43 $ sew j Aiiw, �- ----- f-t�. _IVED DCM WILMINGTON, NC NOV 12 2015 RECEIVED NOV 3 0 2015 DCM- MHD CITY I, VERNON DEREK DANFORD, CEROFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,ODO+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH 'THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROILINA': WITNESS MY ORIGINAL SIGNATURE, UCENSURE NUMBER AND S TTH'ISSTH DAY OF AUGUST—A.D. 2015. I/AG1C� VERNON DEREK IIANFORD1111IIITiAV N.C. PLS No. L-4528 r'An - i.. S E A L L 4528'< N6147 TAN. 38.39' .��50'23'23" SOUND WAr 93 (45'PRIVATEH DRIV - R/VV� E I L CERTIFICATE FOR THE US. CORPS OF ENGINEERS: 'THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR )UBUSHED REGULATIONS, THIS DETERMINATION OF SECTION 404 WRISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED 1VE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE RIUZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 ;ORPS OF ENGINEERS WETLANDS DELINEATION MANUAL' NOTE: 1. THIS LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 2. THIS LOT FALLS ENTIRELY IN 575' ORW SHORELINE AEC SETBACK. 3. 404 WETLANDS DELINEATED BY JENNIFER FRYE WITH THE US ARMY CORPS OF ENGINEERS IN JUNE 2014. 4. THIS LOT IS LOCATED IN ZONE VE (ELEV 15) FIRM COMMUNITY PANEL # 370168 3143 J DATED: APRIL 3, 2008 iGNATURE OF U. S. ARMY CORPS OF ENGINEERS OFFICIAL — )ATE c I — — — — — NORMAL HIGH WATER UNE N N � aI'V co (/p0 4 Hs W E S cF p ROY,q( .Site �P a Py .T HICKORY KNO71 DR ' P� 3P LOCATION MAP NOT TO SCALE AREA TABLE DESCRIPTION SQ. Fr. ACRES UPLANDS 4,297 0.099 404 WETLANDS 29,464 0.676 COASTAL WETLANDS 7.881 0.181 LOT TOTAL 41,642 0.956 I FLAGGED BY ROBB MAIRS, /Q� FIELD REPRESENTATIVE, I NC DIVISION OF COASTAL o ,, ti MANAGEMENT ON cf rn/3 Q O Q JULY 15. 2014 Q&C 2N z/a? R 53 63' 20' PRIVATE J LOT 9 NB3'04'07"W _ _ _ _ _ACCESS EASEMENT (MB 36 PG 27) INTRACOASTAL WATCH N01'S4'20"E EXISTING — 7 -J MB 36 PG 27 1 17.35' ACCESS EASEMENT \ EDWARD K. CARTER Oft DB 4505 PG 761 \ DB 5700 PG 2228 AL S58'58'17"E 1 , 380.97' (TO NHWL) i I JOSEPH E. VANERON S LOT 7 �13 INTRACOASTAL WATCH m MB 36 PG 27 I `� DB 2547 PG 296 I Io M i N 0 SEWER PUMP SITE INTRACOASTAL WATCH R07912-007-021-000 DB 5330 PG 1728 SURVEY REFERENCE DEED BOOK 5568 PAGE 645 MAP BOOK 36 PAGE 27 LEGEND = IRON PIPE/ROD IPS = IRON PIPE SET OP = EXISTING IRON PIPE O = CONCRETE MONUMENT Q = CENTERUNE AL = COASTAL WETLANDS COD RESOURCE ®= DROP NLET = 404 WETLANDS PRESERVATION AREA ®= 404 WERANDS DANFORD00021/2 Ol N"ER DRIVE & ASSOCIATES EU�2O9 WILMINGTON,NC 2@A03 LAND SURVEYING, P.C. RONEM10)7994916 ARM UI 02797 email: ddonford®donfordsurveying.com 71 404 r_ AIL/ 9IIc � jilk t NIL yd , .. [6 ,w UZ U3 E YUO.Oy 11U Ivn-y / •\ 60.U• � 'JI` 60' C.O.D. SETBACK (15' VARIANCE GRANTED) UPPER EDGE OF OCT. 20, 2014 RESOURCE FLAGGED BY CASE NO. ZBA-886 NSF PATRICIA ROBERTS ALAYSA &BRIAN BOSTICK NEW HANOVER COUNTY [� ZONING COMPLIANCE D.B. 4248 PG. 214 OFFICIAL ON JULY 7, 2014 "EXISTING CONDITIONS" 404 JURISDICTIONAL BOUNDARY SURVEY aL ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID 1 R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. LINE TABLE NORMAL HIGH WATER LINE LINE BEARING LENGTH L1 S06'32'36'W 20.04' L2 S83'24'491V 23.76' L3 S35.56'04'W 15.29' L4 S18'19'05'W 17.26' L5 N88'41'21'W 47.50' L6 541.17'39'E 22.03 L7 S3757'42W 2.83' COD LINE LINE BEARING LENGTH L8 S67'18'07'W 17.12' L9 S25.46'58'W 19.22' L10 SIT24'53'E 13.43' 111 521'03'34W 11.72' L12 S61'47'11"W 24.36' L13 N8916'16 W 25.63' L14 579'41'10'W 15.81' 404 WETLANDS LINE LINE BEARING LENGTH L15 S7348'40'E 10.03, L16 S5T19'37'E 48.04' L17 S4T34'51'E 38.24' L18 S30'06'51'W 36.42 US N7719'30-W 23.41 L20 N20'13'38'W 12.39' L21 NST58'14'W 29.68 L22 N54.25'OO'W 33.47' L23 N1T07'13'E 10.89' L24 N36'33'O6'E 32.78' AUGUST 5, 2015 5iVED NOV 3 2015 60 0 30 60 120 CM- M 1 INCH = 60 FEET - '-_IVED © DANFORD & ASSOCIATES LAND'SUAVEVNGi;vi!1063TON, P D CIT NOV 0 6 2015 I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM ®= 404 WERNOS••,••• DANFORD"G21/2 OL NDER DRIVE & ASSOCIATES 9 GTON, WILMsu2,NC 20403 LAND SURVEYING, P.C. PHDNEW101799 16 MRM L109 02797 email: ddonford®danfordsurveying.com MR 1. THIS LOT IS SUBJECT TO ALL "EXISTING CONDITIONS" SPOT SHOT ELEVATIONS FOR ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. N e° EiN �4F W E WATq nn_� S _R 1Py y.�f7. Rp Ph 0 3 SYY r Site �. P .. S HIGKORY'KNOLL OR Y LOCATION MAP NOT TO SCALE AREA TABLE SCRIPTION SO. Fr. ACRES UPLANDS 4,297 0.099 4 WETLANDS 29,464 0.676 TAIL WETLANDS 7.881 0.181 T TOTAL 41,642 0.956 UNE TABLE NORMAL HIGH WATER UNE UNE BEARING LENGTH Ll S06'32'36'W 20.04' L2 S8324'49'W 23.76' L3 S3F56'WW 15.29 L4 Sl Fl9'05'W 17.26 L5 N88'41'21'W 47.50' L6 S41'17'39'E 22.03' L7 S30'57'42W 2.83 COD UNE UNE BEARING LENGTH LB S67'18'07-W 17.12' L9 S25'46'58W 19.22' L10 S1S24'53'E 13.43' Lll 521'03'34W 11.72' L12 S61'47'11'W 24.36' L13 NW 16'16'W 25.63' L14 S79'41'101V 15.81 404 WETLANDS UNE UNE BEARING LENGTH L15 S7Y48'40'E 10.03, L16 S53'19'37'E 48.04' L17 S43'34'51'E 38.24' L18 S30'06'51'W 36.42 1-19 N72'19'30'W 23.41 L20 N20-13.35-W 12.39' L21 N5T58'l4'W 29.68 L22 N5C25'00'W 33.47' L23 N1T07'13'E 10.89' L24 N36'33'O6'E 1 32.78' SHEET 2OFc'LO MAY 12, 2015 "'""' 60 O 30 60 NOV 0 64)5 1 INCH = 60 FEET © DANFORD & ASSOCIATES LAND SURVEYING, PC SEPTEMBER 25, 2015 CA 1 0,/4�1J* S E A L •'., L-4528 ' 0 N.C. PLS No. L-4528 IIIIIIIII' NORMAL HIGH WATER UNE LINE BEARING LENGTH L1 SOV32'36'W 20.04' L2 S8N24'49-W 23.76' L3 S35'56'04'W 15.29' 14 51619'O5'W 17.26 L5 NW41.21-W 47.50' L6 S41'1739'E 22.03 L7 530'5742'W 2.83' TAN_ 38.39' SOUND 7'23C293.21 H ORIVE� N83'0:4 (45' PRIVATE l\ R/W) I I I JOSEPH E. VANERONI LOT 7 13 INTRACOASTAL WATCHI MB 36 PG 27 1 `V DB 2547 PG 296 10c rT w 10 �I o�M EWER PUMP SITE = IRON PIPE/ROD S IPS = RON PPE SEr INTRACOASTAL WATCH DP = DIETING RON PIPE R07912-007-021-000 o = CONCRETE MONUMENT DB 5330 PG 1728 CL = CENTERLNE 'WL COASTAL WIITTIIANDS COD ®OURCE = DROP INLET = 404 WETIANDS PREMATION AREA ®= 404 W TUM LINE TABLES COD LINEUNE BEARINGW LENGTH LB S6T18'07 17.12' L9 S25'46'58'W 1 19.22' 00 S13'24'53'E 1 13.43' L11 S21'03'34Y1 1 11.72' L12 S61.47.1 IIW 24.36' L13 NW16.16-W 1 25.63' L14 S79'41'10'W j 15.81' 404 WETLANDS UNE UNITBEARING LENGTH Y48'40'E 10.03' S19'37'E 4B.04' T34'51'E 3B.24' 0'O6'51'W 36.42 719'30'W 23.41' 0'13'3B'W 12.39' 758'14'W 29.68 4'25'00'W 33.47' T07'13'E 10.89' 633'O6'E 32.78' � I I I I ____—__- i' 20' PRIVATE o �7"yV _ ACCESS EASEMENT (MB 36 PG 27) J N01'S4'20"E --EXISTING %N� `;17.35' ACCESS EASEMENTDB 4505 PG 761 c�PoDRNE � m LOT 9 INTRACOASTAL WATCH MB 36 PG 27 EDWARD I CARTER DB 5700 PG 2228 558'58'17°E `';0. i v 380.97' �u a 17'I 160.71' " S59' PROPOSED HOUSE LOCATION 408.89 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT, 20, 2014 CASE NO. ZBA-886 N/F ALAYSA & BRIAN BOSTICK D.B. 4248 PG. 214 EXISTING PIER & DOCK NORMAL HIGH WATER LINE FLAGGED BY ROBB MAIRS, FIELD REPRESENTATIVE, NC DIVISION OF COASTAL MANAGEMENT ON JULY 15, 2014 JI L �L JIL e �z LYL JIkL AIL I IIIL C.O.D. AREA �llc IK �i 'tV` /'1ll` -9 v1 99.07' 1 �lIL UPPER EDGE OF RESOURCE FLAGGED BY PATRICIA ROBERTS NEW HANOVER COUNTY ZONING COMPLIANCE OFFICIAL ON JULY 7, 2014 a o rn o/ r N -/ 0) N W N 0 j 2 CL MN D O 0 ILL /2 6 lij '1 L /`o z / 2 ,TVL NOl /� ]Ills' S39. °VUF 1 RECEIVED 1 NOV 3 0 2015 DOCK EXISTING PIER & pCM- MHD Cll SHEET 3 OF 10 SITE PLAN SEPTEMBER 25, 2015 "E-C E I V E' DANFORD 6D021 30LEANDERDRIVE 50 0 25 50 ATID CONSTRUCTION JC'M WILMINGTON, N S 11E2O, 100 & ASSOCIATES WILMINGMN,NC26403 2015 P LAND SURVEYING, P.C. NE(910)]994916 LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 FlRM LTC# G2]9] 1632 SOUNDWATCH DRIVE PARCEL ID i R07912-007-009-000 DEED BOOK 5568 PAGE 645 1 INCH = 50 FEET email: ddonford®danfordsurveying.com MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. © DANFORD & ASSOCIATES LAND SURVEYING, PC l� 1 N01'54'20"E 17.35' N, AREA TABLE DESCRIPTION SQ. FT. ACRES UPLANDS 4,297 0.099 404 WETLANI 29.464 0.676 COASTAL WENAIDS 7.881 0.181 LOT TOTAL 41,642 0.958 IMPACTED WETLANDS WE I BEANNO LENGTH I23 S58'S8 17 E 12.44' 124 W4'1424 E 11.95' 125 S58'58 17 E 87.44 I26 S3V0651 34.35 127 1 30.24 US N5319 37 48.04 129 N7348 40'W 10.03 LT0 535 33'o6w 32.78 131 l 0713w 10,89 132 NI18.38 133l N31'0143 70.24 IMPACTED WETLANDS AREA DESCRIPTION SQ. FT. ACRES LOT 3,437 0.079 DRNEWAr 1 509 0.012 TOTAL 1 3,945 0.091 20' PRIVATE ACCESS EASEMENT (MB 36 PG 27) EXISTING 1 LOT 9 ACCESS EASEMENT ---� INTRACOASTAL WATCH DB 4505 PG 761 MB 36 PG 27 EDWARD K. CARTER PROPOSED DB 5700 PG 2228 BULKHEAD I — — — — — — — — — — — — -- c��� IMPACTED WETLANDS IMPACTED WETLANDS DRIVEWAY - LOT \ 509 sq.ft. O 3,437 SQ. FT. 0.012 acres O 0.079 ACRES S58.58'17"E \ 140.67' �TO PRESERVATION AREA LINE) X 141.50 (TO IMPACTED WETLANDS) X "may7 7'0160. lt0lki O = NON PIPE/ROD PS = IRON PIPE SET EIP = EXISTING IRON PPE 1) = CONCRETE MONUMENT Q = CENTERLINE AL = COASTAL CODRAY S ®= DROP INLET - IMPACTED WETLANDS DANFORD 40021/2 OLEANDER DRIVE & ASSOCIATES 5 ?E.N WILMINGiON03 28403 LAND SURVEYING, P.C. PMORE(910)799 16 MRM LTC# G2797 email: ddonford0donfordsurveying.com o6" a) 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE NO. ZBA-886 :• • I, 'c AMA, NA *,A A 61 ►•�' LOCATION \112.EL RECE �C 99.07' IL V3( 408.89' (TO NHWL) / ILL AL DCM- Nfl- 60. / NXF SHEET 4 OF 10 404 IMPACT MAP ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID j R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. AUGUST 5, 2015 r-t- 20 0 10 DCM WILMIN�ON, NC 20 015 1 INCH = 20 FEET © DANFORD & ASSOCIATES LAND SURVEYING, PC ED 15 TY I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND WW DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,0DO+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN ONES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH -THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROONA"; WITNESS MY ORIGINAL SIGNATURE, UCENSURE NUMBER AN TH 241H DAY 1, &JULY_ A.D. 2014. VERNON DEREK DANF D N.C. PLS No. L-4528 NN`�``��NRCA O,!/''�� Z: S E A C r 50'56 W N67 62�N. 38.39' NS p= 147. SURVEY Iw MENCES DEED BOOK 5568 PAGE 645 MAP BOOK 36 PAGE 27 MAP BY SHERWIN D. CRIBB, PROFESSIONAL LAND SURVEYOR L-1099 'MAP OF RIPARIAN CORRIDOR' FOR CHARLES S. WAKILD AND WIFE I 2� SUSAN WAKILD MAP BI STUART BENSON h ASSOCIATES �l A 'PIER LOCATION & RIPARIAN CORRIDOR' ,per N� INTRACOASTAL WATCH — — RECORDED IN DEED BOOK 5113 PAGE 274 - 279 c-n - 0 L-4528 'rs V SOUND 23=E 93.-------------- 1k, ND vygTCH 21' 53.63' 20' PRIVATE QPO(45�R'RIVgr R)VE—.•I+r7 N83'04'07"W _ _ _ _ ACCESS EASEMENT (MB 36 PG 27) _ LOT 9 DEREK1���•`° E ) -Io N01'54'20'E EXISTING INTRACOASTAL WATCH MB 36 PG 27 1. THIS LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 2. THIS LOT FALLS ENTIRELY IN 575' ORIN SHORELINE AEC SETBACK. 3. THIS LOT IS LOCATED IN ZONE VE (ELEV 15) FIRM COMMUNITY PANEL 370168 3143 J DATED: APRIL 3, 2D08 4. WATER DEPTHS (SOUNDINGS) ARE BASED UPON FIELD OBSERVATIONS ON LOW TIDE ON JULY 21, 2014 BY DANFORD & ASSOCIATES LAND SURVEYING, PC. 5. LOW WATER LINE ASSIGNED DEPTH OF •0 FT.' FOR THIS SURVEY. ELEVATION OF OBSERVED LOW WATERLINE AT10:04 AM ON JULY 21, 2014 WATER LEVEL = -0.30' (NAVD 88). 6, CONVERGENT POINT WITH NAD 83 COORDINATES COMPUTED USING OPUS OBSERVATION WITH TOPCON HYPER XT GPS EQUIPMENT ON JULY 9. 2014. MAD-83(2011)(EPOCH:2010.0000) (EPOCH:2014.5193) GEOID 12A-DATA ON FILE. NOTE RIPARIAN CORRIDOR ESTABLISHED BY NC DIVISION OF COASTAL MANAGEMENT PER ROBB MAIRS, FIELD REPRESENTATIVE 0 17.35 ACCESS EASEMEllI \ Q )10 DB 4505 PG 761 \ \ EDWARD K. CARTER n1 - S58'58'17"E 405.12' TOTAL DB 5700 PG 2228 LOT 7 w Imo/ INTRACOASTAL WATCH 3 MAP BOOK 36 PAGE 27 IN_ 1 oap I Q Li � 1 � I (0., Imo— 15.0' LINE TABLE LINE BEARING LENGTH L1 N06'32'36"E 20.04' L2 N83'24'49"E 23.76' L3 N35'56'04"E 15.29' L4 N18'19'O5"E 17.26' L5 S88'41'21"E 47.50' L6 N41'17'39"W 22.03' L7 N30'57'42"E 2.83' DANFORDC 21/20LEANDERDRNE & ASSOCIATES 6UR£203 WILlAINGTON, NC 28499 LAND SURVEYING, P.C. p NE(910)79 16 MRM LIC# "797 email: ddanford®donfordsurveying.com LEGEND EXISTING IRON PIPE Q = CENTERLINE COASTAL WETLANDS COD RESOURCE ®= DROP IRE 404 WETLANDS AREA FOR PRESERVATION DB 5403 PG 2496 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE NO. ZBA-886 NOTE ALL BEARINGS SHOWN ARE BASED UPON MAP BOOK 36 PAGE 27 RIPARIAN SURVEY FOR ATD CONSTRUCTION 264.45' / 60.0' AL illlc L T 8 I INTRACO TAL WATCH 1632 S DWATCH DRIVE i AIL R07-007-009-000 EE OOK 5568 PAGE 645 �\ j i1VL / 236.60' * 408.89' 110, IL 60 0 AL°\ 7 LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID j R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY. N.C. N N � MqH co W E S do or Site Cp p AQ water aMr YP N �4 2 P It HICKORY KNaU- OR SJ' 3 LOCATION MAP NOT TO SCALE AL AL 1 IA J ry JFF CL �1 �^ /; ALJIL /vz JIL 11VL J 02 203y 2 (D2gb'8 0 3F F w zzzz LE: = RECEIVI U) NOV 3 0 201 O O DCM- MHD SHEET 5 OF 10 AUGUST 5, 2015 ,1 ' � 1 " `- jC,M WILMINGTON, 60 0 30 60 NOV 0 6115 1 INCH = 60 FEET L�J © DANFORD & ASSOCIATES LAND SURVEYING, PC u N a� aal£ ' ZT S�,yQ , �£ W N E 1T� S Sitecl �cr\i°r. 'P c oar nq ,a'�+a� HICKORY KNOLL aft LOCATION MAP ek/SrNG i NOT TO SCALE i NORMAL HIGH WATER LINE v in W �F O FLAGGED BY OBB MAIRS, Q. R� OC CO FIELD REP ENTATNE, q Ise K NC DIVISION OF COASTAL m :r MANAGE ENT ON t� N JULY 1 , 2014 �2/ ate •� �.� P7 1 AL z862? {y /�� POINT PER SHERWIN DCONVERGEN. CRIBB, PLS �NAD 83 _ _ { N 134940 1L AL ---- RIPARAW CORRIDOR 0.40 •v �'-'�—L---------K2------ � -- E 2341200 ,,4 r 7n' 15' SETBACK LINE— — — — — GS _ _ — _ 12.2" 807.30' — — — — — .— — — — SEE NOTE #6 dllL ,II4,o.��ll4 -0.50 X -0.90 — — — — — ._ — — — — — '�` I '�` ^ a GS 2-1 .00 RIPARIAN AL f` >AL/ry�'L -0.45X OGS X-1.06 0J h "� o _GS 'GS_ _ 0.93 S63'20'22'E 0.53 >� �_ — — — — — — — 806.55' RIPAR� CORK\DDR 'W` /i _ — —15' SETBACK LINE — — GS -1.1 2 C6 ,114 Dlj RIPARIAN CORRIDOR _ — — 3rt- — — — a S46• OQ' �. GS 20'p0" (f — — CR188 26.0 M J i( _ 1.05 734.87. 34.8> E V �Q 9Vc — - -0.45 • GS.9 GS i ��� \ .JII� SS ,114 OS \ 2YSg. 30 1 - LIFT�� PILINGS p1 —0.90 Y[ N53'56,16"W L.i7 20`�f' 03F EXISTING PIER & DOCK GS GS . 10 717.56' / �V FLOATING DOCK w NSF ALAYSA do BRIAN BOSTICK1 D.B. 4248 PG. 214 R07900-004-008-001 I z CR gg� w RECEIVED 0n _ NOV 3 0 2015 I DCM- MHD CITY SHEET 6 OF 10 RIPARIAN SURVEY FOR AUGUST 5, 2015 - ' �CMWILMINGTO IN DANFORD .0011/20LFANDERDRNE 6D�203 ATD CONSTRUCTION so 0 3D so 1z0o6 WILMIN4TON.NNC C 269D9 & ASSOCIATES N 2015 1 INCH = 60 FEET LAND SURVEYING, P.C. p GNE%10)] 16 LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 FIRMucr o 707 1632 SOUNDWATCH DRIVE PARCEL ID f R07912-007-009-OW DEED BOOK 5568 PAGE 645 email: ddonford®danfordsurveying.com MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. © DANFORD &ASSOCIATES LAND SURVEYING, PC NC SURVEY REFERENCES DEED BOOK 5568 PAGE 645 NAP BOOK 36 PAGE 27 MAP BY SHERWIN D. CRIBB, PROFESSIONAL LAND SURVEYOR L-1099 'MAP OF RIPARIAN CORRIDOR' FOR CHARLES S. WAKILD AND WIFE SUSAN WAKILD NAP BY STUART BENSON & ASSOCIATES PIER LOCATION & RIPARIAN CORRIDOR' INTRACOASTAL WATCH RECORDED IN DEED BOOK 5113 PAGE 274 - 279 NORMAL HIGH WATER LINE W ! FLAGGED BY ROBB MARS,V o QC FIELD REPRESENTATIVE, of m 3 INC DIVISION OF COASTAL m� SN MANAGEMENT ON p JULY 15. 2014 AL IL AL aL rAL l c A I AL ALL "i ,111� eI AL \ AL ?a OM "may �ry. e SEPTEMBER 24, 2015 ...ullllllb.. SEAL N ! L-4528 •! ,�EREK ��` ,A 111111IIIMII 4RNON DEREK N.C. PLS No. L LEGEND Qi = EXISTING IRON PIPE Q = CENTERUNE AIL = COASTAL WETLANDS COD RESOURCE ®= DROP INLET N N 2TNa 19 aa1£ A H' W E %qT S �4, 149 1� ry o °arV Site 8 1+ c° 3 NICKORY KNaLI- aR 3� LOCATION MAP NOT TO SCALE CONVERGENT POINT PER SHERWIN D. CRIBB, PLS - NAD 83 - _ N 134940 RIPARIAN CORRIDOR • v •'� _ _ _ _ _ _ E 234120D - - - - - - �-� S56'23' 15"E _ _ 15' SETBACK LINE- - - - - - _ _ 0 12.2' 807.30' - - - - - - - - - _ _ _ _ _ _ _ SEE NOTE �j'6 o A4 8'-0"X 21'-0" — — N FLOATING DOCK RAMP `� Iv 4'RAISED DOCK LOT 8 — — — — — — — W C9 (PROP0.5FD) _ _ _ — — — — — .— �'�`/`^`IM AL o COVERED (PROPOSED) - RIPARIAN CORRIDOR - _ - _ _ DOCK 13'x13' (' 2 ,,-a- RAISED DOCK W _ - BOAT LIFT - - - S63'20'22'E _ _ _ - - - - - - �CORRI�R 15.00' z 806.55' RIppRU 1I / :FOND 1g�SETBACK LINE- _ _ _ - - O-T ,. CRIBB 126.0, ' /� U �Q ilE� SS AL 4 `C Sg, Jp 9. 1 LIFT' PILINGS NOTE - END • OF DOCK IS APPROXIMATELY n 750.0' FROM THE 80.0' SETBACK • %/,1 OF THE FEDERAL. CHANNEL 03�e• 3F EXISTING PIER & DOCK FLOATING DOCK N/F ALAYSA & BRIAN BOSTICK ' D.B. 4248 PG. 214 I R07900-004-008-001 i DANFORD90021/20ITE RDRIVE & ASSOCIATES 203 S ITENC NC 28403 WILMINGTON, L-ANO SURVEYING, P.C. PHONE (910) 799 16 FIRM LICM L 797 email: ddonford®donfordsurveying.com PROPOSED DOCKING FACILITY JR CD 0 �V ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. LINE TABLE LINE BEARING LENGTH Lt N06'32'36"E 20.04' L2 N8324'49"E 23.76' L3 N35'56'04"E 15.29' L4 N18'19205"E 17.26' L5 S88'41'21"E 47.50' L6 N41'17'39`W 22.03' L7 N30'57'42"E 2.83- ECEIVE NOV 3 0 2015 DCM- MHD C SHEET 7 OF 10 SEPTEMBER 24, 2015 H 1,, -1c I V E D 60 0 30 68CM WILMINF2a0N, 2015 1 INCH = 60 FEET © DANFORD & ASSOCIATES LAND SURVEYING, PC PROPOSED GRADE AT DRIW WAY APPROXMMATELY 6 PROPOSED GRADE APPROXIMATELY 4. f' 75-0" Cross Section of Lot Section C—C SCALE: 1" = 20'-0" I I BOTTOM OF LOIWST PROPOSED GRADE Q. / �i`�\�\\ ii\v C' ova. \' viv •_ ,. ....IXIMATEL6. 0' GRADE \\ i\ 3 UPPER U. ii\ �\�\i.\\,qio\�\\!•\ism\!�4�i\\�\G,�i�i\\�G��\\\\��i�i\\�\!:. EDGE OF 21'-0" MATCH EXITSING ELEV. OF STREET EXISTING \\\ t 'y•:: ^:...c : 'f, ACCESS EASEMENT PG 4505 1l �••. 1'-0" RCP Culvert 761 bj 'y, .•,t;iv.t 1'-0" RCP Culvert Installed at Low Elev. Field Verify \ _ \•' RETAINING WALL TO BE LOCATED 5'-0" 01 OF PROPERTY LINE TO MAIrj1AIN CRAINA I •'." �'.':•'`.%:::.::.�: :..; "'•_ -:'i' 0'-8" RETAINING WALL C ':..: • •; Harking• Pod' ; •"' � ',._� I 4� co� � III 8 4 RE 44'x50' / X P RC ZED Bulldl ad / 7'X44 / PORCI 1 Q. l . �j o• %�� ey /Q/ l I l WA 0 6'-0" WALK WAY TO DOCK -8" RETAINING WALL \ House / Drivewo Layout & Dimensions SCALE: 1" = 20'-0" RECEIVED NOV 3 0 2015 DCM- IVHD CI7 \d// \\I// \\li/ RECEIVED DCM WILMINGTON, \\l V 0 6 2015 ATD Enainrernm, LUC Q, ftln9 St ral EEmineers 22M Acacia Dr. Wilmington, NC 28403 PMne: 910.617.9636 Fsx: 910.632.6732 efoibo00Cplm.mm Release Dates /1 21'-0' on -------------------------- o I 8'-0 X 21'-0' FLOATING ooac n rT TT TT TT I I PN1? I I I I I j Illlllllllld 14 _ — — — — — — — I 1 I I 1 13'-O'z28'-O' COVERED DOCK —�------�-----�------�------�-----�— "'�----+fir—�p ® I 6'-0' RAISED DOCK �I �- T LIFT 8'-0' �-I-► 28'-0' 1�-313 O1AL�l 24'-0' 4' RAISED DOCK FIXED Proposed Dock Layout SCALE: 1" = 10'-0" I .9 0 0 F SINGLE RUN ABOUT BOAT ENTER FROM THIS DIRECTION. ALLOWS MAXIMUM WATER D AND MINIMUM AFFECT ON ADJACENT DOCKING FACILI LOW TIDE ATER LINE AM Enotneenna w i r nsvl n9=NllIll ENIncers 2206 A cla Dr. wi,oingb , NC 7B103 Phone: 910.617.9636 Fax: 910.632.6732 nlniYaYBaimmm Release Dates 0x U O A W RECEIVED a m o NOV 3 0 2015 2 DCM- MHD CITY u U cd 3 z 'O o "a Proposed Dock Cross Section 11 MECHANICAL BOAT LIFT 6X6 BOLTED TO PILING TO SCALE: 1 " = 1 0'-0" STOP BOTTOM OF BOAT LIFT 1'-0' ABOVE THE GRADE THEREFORE THE BOAT LIFT CAN NOT SIT ON THE BOTTOM AND THE BOAT WILL NOT BE ABLE TO ON DOCK IN LESS THAN 3'-0' OF WATER C4 RE ES/ED DCM WI MIN6TON, IC 9/1 NEW GRADE SLOPE FOR DRAINAGE U O N 0 O a 0 w Q� la] a}H N 00 X 00 2X6 SYP TREATED NAILED TO 8X8 POST WITH (4) 10D GALVANIZED NAILS EXISTING GRADE LANDSCAPING REATAINING WALL NOTE, 12' RCP SHALL BE INSTALLED IN ACCORDANCE WITH NCDOT - DIVISION OF HIGHWAYS DETAIL 300D01 (SHEET 2 OF 3) 1'-10'-0' DRIVEWAY CULVERTS CROSS SECTION 1'=10•-O' AM Emin rind P, LLC QuzwTm Sh ml Fjjgtre�rs 2206 A a Dr. Wilmington, NC 28903 Phone: 910.617.%36 Fax: 910.632.6732 31M Release Dates Varies See Plan . . .� 10`-0" rn NOVI 1 15 4'3000 PSI . DRIVE EMSTt TOP OF .- �• BOTH :. 1.TIE-IN TOP OF RCP V-0" ���������'Y��_ C!'•➢ �!O�>� Div w y �- viv r ii>• ,. Xk� UIVEN. CULVERT SHOULD �. ii�o GROUND COMPACTED SU13GRADE RECEIVED DRIVEWAY CROSS SECTION • o' NOV 0 192015CD � 10/1