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83-20 Tripp, Paul
Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for ' X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul M. Tripp,115 Spring Meadow Dr., Bluffton, SC 29910 Permit Number 83-20 Authorizing development in Carteret County at adi. Nicking Creek off The Straits. at 270 Straits Point Rd., in Straits , as requested in the permittee's application dtd 3/2/20, including attached workplan drawings (3), Drawing 1 of 1 dtd 2/14/20, Dock plan and Overview dtd "Rec DCM-MBD City 3/16/20" This permit, issued on July 31, 2020 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation tt tnese terms may ne suolect to tines, imprisonment or civil action; or may cause me permit to ne min ana vola. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, culvert, retaining walls and driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved retaining wall alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. Ibis permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources �Commission. _ Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Paul M. Tripp Permit No. 83-20 Page 2 of 4 ADDITIONAL CONDITIONS 3) The portion of the driveway requiring wetland fill shall not exceed 10 feet in width. 4) The alignment of the authorized driveway and retaining walls shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The retaining walls shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6) The retaining walls shall be constructed prior to any backfilling activities. •) The retaining walls shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) This permit does not authorize any excavation waterward of the approved retaining wall alignment. 9) The fill material shall be clean and free of any pollutants except in trace quantities. 10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted retaining walls. 11) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 12) The limits of disturbance within the Coastal Wetlands associated with the construction of the authorized septic system shall be limited to the area necessary to trench the septic lines through the Coastal Wetlands, all as depicted on the attached workplans. Regrading of the disturbed area to pre-existing contours must be completed upon completion of construction. Unless specifically altered herein, any grading or land disturbance activity located outside this area may require a modification of this permit. Sedimentation and Erosion Control 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At.a minimum, a silt fence shall be properly installed immediately landward of the retaining wall cap immediately following completion of backfilling activities. Docking Facility 15) This permit authorizes only the pier and platform, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Paul M. Tripp ADDITIONAL CONDITIONS Permit No. 83-20 Page 3 of 4 16) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 17) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 18) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 19) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 20) This permit authorizes a maximum of 1 formalized boat slip. 21) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 22) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. General 23) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 24) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 25) All debris associated with the removal or construction of the permitted facility shall be contained within the authorized project area and removed to an appropriate upland location. 26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 18 and Regional General Permit 56 (Action ID SAW-2017-00168). Paul M. Tripp Permit No. 83-20 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0563. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: �0u� Type: (Check all that apply) New V _ Major Mod Permit Coordinator: Permit# &dmv- Minor Mod Renewal Transfer Field Representative: _DwquQ — Date/Time 4 1�t`j, Dr k b 75tk 1131�70 Message W 4( �DoAsnis �-- via J l ArVMA DCM Coordinator: Permit 87 "2c'—') MAILING DISTRIBUTION SHEET M DCM Field Offices Elizabeth City ✓ Washington (with revised work plan drawings) Morehead �0/1 Wilmington (OBJECTIONS ) i US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Mp"Hair (Carteret, Ons�► w, Pender) — brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov r4 Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs-401 (Brunswick, New Hanover) Holley Snider —401 (Carteret, Onslow Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) Natural Heritage Program Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Paul Tripp COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: Beaufort DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-16-20 FIELD RECOMMENDATION: Attached: W/(L- To Be Forwarded: YJ FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Ailk DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 4/23/2020 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-26-20 ADJ. RIP. PROP NOTICES RECD: 3/16/2020 C) 75 DAY DEADLINE: 5-30-20 HOLDS: EMAIL OUT DATE: 4-23-20 PERMIT FINAL ACTION: ISSUE DENY FEE RECD: $400 # 1387 (60/40 split) END OF NOTICE DATE: 5-16-20 DEED RECD: 3/16/2020Yes 150 DAY DEADLINE: STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistency Determination l iI Local Permit Officer Corps of Engineers - Regulatory Branch 5(S Ah,*113ofaS6 ZC71%-O�i DWR-401 Section Z2 20 �(Q -c�jto D WR - Public Water Supply DEMLR- Stonnwater DEMLR - Sed and Erosion DOA - State Property Office `5 70 X Wildlife Resources Commission S 3 ha DMF - Shellfish Section /C' DMF - Habitat & Enhancement X DNCR- Archives&History (lltl 1� DNCR - Natural Heritage Program NCDOT NC Dept of Commerce t{ lA 7 Bodnar, Gregg From: Sent: Davenport, Ryan Wednesday, July 22, 2020 9:46 AM To: Bodnar, Gregg Cc: Brownlow, Roy Subject: RE: Tripp DRAFT Review I recommend the project be permitted as proposed based on resource agency comments. Standard conditions listed in the draft permit look good. Ryan Davenport From: Bodnar, Gregg Sent: Wednesday, July 22, 2020 8:32 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov>; Brownlow, Roy <roy.brownlow@ncdenr.gov> Subject: Tripp DRAFT Review For your review. Ryan let me know if you have spoken to Mr. Tripp yet about the change in driveway width. Jonathan and I reviewed the conditions and the flagging of the retaining walls will help verify that the north end of the driveway was reduced in width to limit the wetland impact. I also need recommendations from you to finish the file. G regg D_E 'A Cs'.wM'1 M fm�wM+Y� Mi� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 9N 2808 ext 215 (Oftke) Gregg. Bodnarncdenr.lov EmaR COfreSpOndlnCC to and horn this address Is Subject to the North Carolkra PubLlc Records Law and may be d4dosed to third pordes. RECEIVED _ 2 2 2020 Care scCT`ON MHC 0 oanmrr CARCU n E?W9-7 Gz d flcxaW MEMORANWIM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave. Morehead City, NC 2B557 Fax 252-247-3330 (Courier Q4-7 33J gregg_bgdngQ ncden r.gov SUBJECT GAMA Permit AppYcafion Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert ROY COOPER r�". MICHAEL S. REGAIN &=, y BRAXTON DAVIS nit"m Lmw. m gaa:mna 'SL%3rmcer Please indicate below your agency's position orviewpoint on the proposed project and return this form to Gregg Bo at the address above by May 13, 2020. if you have any questions regarding the proposed project, contact Ryan Davenport (252) 608,280B when appropriate, in-depth comments wrlh supporting data is requested_ REPLY: This agency has no objection to the project as proposed_ "Additional comments may be attached" X 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. pRlMNAME Lee Padrick LGEI*ICY NC Commerce REECEIVE® A P R 2 4 2020 sP�Nausz� 4-24-20 MP SECTION MHD pA'fE �mrrs,:�n� i r-���Q�n•1a�rY��c NORTH CAROLINA Environmental Oualilp April 23, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 044-1 ¢-33) oreao.bodnar(a)ncdenr.00v SUBJECT: CAMA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert ROY COOPER Govemar, MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ojComial Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. NTNAME Shannon Myers AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE '!Tiax�seri for Shannon Jenkins DATE April 29, 2020 RECEIVE® APR 3 0 2020 State of North Carolina I Environmental Quality I Coastal Management MP SECTION M n 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00168 County: Carteret U.S.G.S. Quad: NC-Harkers Island GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Paul M. Tripp 115 Spring Meadow Drive Address: Bluffton, SC 29910 Telephone Number: (561) 358-0435 E-mail: pablowpd()a.aol.com RECEIVED MAY 8 2020 Size (acres) <I Nearest Town Harkers Island 1I!t Nearest Waterway Core Sound River Basin Onslow Bay Nrr�7 SECTION MHD USGS HUC 03020301 Coordinates Latitude: 34.72493 Longitude:-76.56357 Location description: Property is located 0.43 miles south of the intersection of Hackers Island Road and Straits Point Road at 270 Straits Point Road in Beaufort. Carteret Countv. North Carolina. Property backs up to canal that Bows into the Atlantic Intracoastal Waterway (AIWW Description of projects area and activity: This verification authorizes impacts associated with the construction of a driveway in wetlands to access uolands and construct a dockine facility within waters of Mekins Creek. Permanent wetland impacts associated with the driveway access total 481 sauare feet (0.01 sc). Please see the attached plans. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 1S and Regional General Permit 56 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application received in our office on 4/23/2020, and the enclosed plans 270 Straights Point Road; Sheets 1-2 date stamped by DCM-MHC City on 03/16/2020 and plans Paul M. Tripp, Drawing 1 of 1 dated 02/14/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ms. Liz Hair at (910) 251-4049 or Sarah.E.Hair(a).usace.armv.mil. HAIR.SARAH.E Digitally signed by Corps Regulatory Official: HAIR.SARAH.EA.1054693512 Date: 5/5/2020 0400 020.05.0516:49:11 A.1054693512 -, Expiration Date of Verification: 3/18/2022 MAY 8 2020 IVIP SECTION Mai® The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 Enclosures: Manatee Guidelines Nationwide Permit 18 Conditions Regional General Permit 56 Conditions Plans Copies Furnished (with enclosures): Mr. Lenore Meadows 131 Middle Lane Beaufort, NC 28516 Electronic Copies Furnished (without enclosures): NCDEQ-DWR; Mr. Robb Mairs NCDEQ-DCM; Mr. Jonathan Howell/Mr. Gregg Bodnar/Mr. Ryan Davenport USFWS: Ms. Kathy Matthews NMFS-HCD: Ms. Twyla Cheatwood/Mr. Fritz Rohde/Dr. Pace Wilber RECEIVED MAY 8 2020 "« �, I E it Action ID Number: SAW-2017-00168 County: Carteret Permittee: Paul M. Tripp Project Name: 270 Straits Point Road/dock/driveway access Date Verification Issued: 5/5/2020 Project Manager: Ms. Liz Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Ms. Liz Hair Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or Sarah.E.Hair@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date MAY 8 2020 PAP SECTION MHD r� Special Condition SAW-2017-00168 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. RECEIVED MAY 8 2020 N°') SECTION MHD 0 C-.?LO•C4-Za-.02 ApH123,2020 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areoo.bodnar(a2n cdenr. oov SUBJECT: CAMA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS p+ Oft 2020 EEO,ITN Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M�6 J.Lfunn AGENCY ill C'JT-C SIGNATURE DATE 5-13-�)02p SmteofNonh Ca hmI Fmim=m IQualitylco tal Mamgemem 400 Commema Ave. Morehead City, NC 28557 (252) 808-2808 Its ' (. - I `''# s6 M AY 1 3 2020 0 NORTH CAROL.INA h,'no(ronrnenlal Ua�,a/in' April 23, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grego.bodnart7a ncdenr.gov SUBJECT: CAMA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direelor, Division ofCooetal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE Yr�� DATE 05/12/2020 Irr r i,4 +` %'u, O" M AY 1 2 2020 MP SECTION RAM State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS April 23, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Gregg.bodnarAncdenr.cov SUBJECT: CAMA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "'Additional comments may be attached" This agency has no comment on the proposed project. PUP This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME �A/%� �� l�iQra! koex17, 6 La W SIGNATURE W aALd..L1, 4-{4 av CIHW NOI1O3S dW OZOZ L Z On DATE 5- z I- zo Stele ofNmth CamEoa I Eovimomemal Qumity I Coastal Managcmem 400 Commerce Ave. Mmehead City, NC 28557 (252) 808-2808 Received: 5/14/2020 1 . , Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAFOCINA Direolop Divisron ofC'oastal En9ranmental _ va(u), Monagen,enl ER 20-1022 April 23, 2020 Due:5/22/2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management NC 400 Commerce Ave., Morehead City, NC 28557 A SBA O5 15 2020 Fax: 252-247-3330 (Courier 04-16-33) arego.bodnar(a)ncdenr.00v SUBJECT: CAMA Permit Application Review NC $-- KBH 06/10/2020 Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY Renee Gledhill -Earley Historic Preservation Office SIGNATURE 'A, W-6ka �1 JUN, 1 1 2020 DATE 06/11/2020 MP SECTION MHD State of Noah Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead Ciry, NC 28557 (252) 808-2808 DocuSign Envelope ID: E5F70189-E075-44BA-9231-FFDCB7EC45CE ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Paul Tripp 115 Spring Meadow Drive Bluffton, SC 29910 NORTH CAROLINA Environmental Quality June 22, 2020 DWR # 2019-0563 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 270 Straits Point Road - Straits, Carteret County Dear Mr. Tripp: You have our approval, in accordance with the attached conditions and those listed below to permanently impact of approximately 0.01 of 404 wetlands area, in order for the construction of an access driveway to a new residential dwelling and the construction of a private docking facility, located adjacent to Mekins Creek which is contiguous with Core Sound in Carteret County as described in your CAMA Major application request dated received on April 23, 2020. The waters of Melons Creek and Core Sound are designated as SA HQW by the DWR. The DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit application, and the Nationwide Permit No. 18 and Regional General Permit 56 when issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, 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: hnp://12ortal.ncdenr.org/web/wq/swplws/401/certsand en rmits. 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 North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 910.796.7215 DocuSign Envelope ID: E5F10189-E07544BA-9231-FFDCB7EC45CE 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 copkof this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .OS02}. 2. 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 02H .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. 3. A pre -construction meeting is recommended to be held with the Division prior to the start of the project phases so that the contractors and/or agents fully understand the conditions associated with this certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213.0220. 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 5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b) (3) and (c)(3)] 7. 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. 8. , 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 DocuSign Envelope ID: E5F10189-E075-44BA-9231-FFDCB7EC45CE during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 9. Continuine COmT)Iia=: 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 anyother 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 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)] 10. 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 permittee/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 (800) 858-0368. 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)(0, and GS 143 Article 21A]. 11. 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)(0]. 12. 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). 13. 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: //po rta l.ncd a nr. o rg/web/wq/swp /ws/401 /certsa n dpe rm its /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 DocuSign Envelope ID: E5F10189-E075-44BA-9231-FFDCB7EC45CE known as OAH). A petition form maybe obtained from the OAH at htto://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 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending 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: Bill Lane, 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 Holley Snider in the DWR Wilmington Regional Office at 910-796-7304 or holley.snider(@ncdenr.gov Sincerely, OxuelBned Ey: E °t2i�t 7ao.�-Fuvl E3ABA14AC]DC43M1... Morella Sanchez King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4132 GC 4139 Thomas Charles - USACE Wilmington Regulatory Field Office -Electronic Copy Meadow Lenore, Agent- Electronic Copy Gregg Bodnar- NCDCM Morehead City Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF WiRO NORTH CAROLINA L'm-h onrnew,i[Oudliij' April 23, 2020 MEMORANDUM: FROM: _ Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg.bodnar(d)ncdenr.gov SUBJECT: CAMA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoasta( Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Rachel Love-Adrick Division of Coastal Management SIGNATURE W !W June 26, 2020 . DATE State ofNonh Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 JUN 2 6 2020 ROY COOPER Governor MICHAEL S. BEGAN secretary BRAXTON C. DAvis Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management ft SUBJECT: Major Permit Request by Paul M. Tripp DATE: June 26, 2020 J U N 2 6 2020 ESP SECTION MHD Consistency Determination: Due to the proposed driveway's location in Coastal Wetlands the following policy in Carteret County's Land Use Plan was found to be applicable to the proposed development and major permit request: "Policy 2.1: Carteret County's policies for development in coastal and non -coastal ("404," "401," or jurisdictional) wetlands are as follow: 1. Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks." Carteret County was consulted to provide clarification on Policy 2.1.1 and to determine if a driveway is a land use in coastal wetlands that requires water access. Gene Foxworth, Carteret County's Asst. County Manager and Director of Planning and Development was consulted and determined that the driveway requires water access to provide access the property's proposed dock (see email from Eugene Foxworth dated 6/26/2020). Based on the additional information received from the county the request is found consistent with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The project site is located at 270 Straits Point Rd, Carteret County, NC. The 27,805 ft2 parcel is.currently undeveloped with pine trees, live oaks and scrubby brush, and wetlands. Development IM(IH Wq D E �NMMmmAN 2KKMIpWp / North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead OM North Carolina 28557 252.808.2808 includes a 12' wide driveway with a 20' by 12" culvert and a 54' retaining wall on the Northside of the driveway and a 25' retaining wall on the Southside of the driveway; a building pad for a SFR; a sewer line to tie into an existing tri-party septic system; a small private dock (5' x 60') and a platform (6' x 20'); and an 896 ftZ single family residence with a 160 ftZ deck. Areas of Environmental Concern (AECs) in the project area are Coastal Wetlands, Estuarine Shoreline, Estuarine Waters, and Public Trust Areas. The project is located adjacent to Merkins Creek, the shoreline is 110' in length and consists of a 35' wide fringe of Coastal Wetlands containing Smooth Cordgrass (Spartino alteniflora) and Black Needle Rush (Juncus roemarianus). The high ground portion of the site is naturally vegetated with woody plants. Existing between the high ground and Straits Point Rd. is an area of ACOE Jurisdictional Wetlands and approximately 6,000 ftZ of irregularly flooded Coastal Wetlands containing mostly Salt Grass (Distichlisspicato). The creek is classified as SA (Market Shellfishing, Salt Water), is closed to shellfishing, and is not a Primary Nursery Area (PNA). There is no SAV in the area. The applicant is proposing to create an access to the high ground by constructing a driveway through irregularly flooded Coastal Wetlands and USA COE federal wetlands. There would be 331 ftZ of Coastal Wetland (Distichlis spicata) and 150 ftZ of federal wetlands filled for the placement of the 12' wide driveway. A culvert would be placed under the proposed driveway to allow for existing drainage. A 54' retaining wall would be placed on the Northside of the driveway and a 25' driveway would be placed on the Southside of the driveway to prevent sediment transport into adjacent wetland areas. The proposed driveway would provide access to the property, a dock, and a proposed single family residence. The home would be 896 ftZ. It would be built landward of the 30' buffer and create —15.5% impervious coverage within 75' of NHW. The entire property would be —12.8% impervious. A total of 9,488 ftZ of high ground would be disturbed. The home would be served by an existing offsite septic system. A sewer supply line would be trenched under the wetland area to connect the home with the disturbed substrate returned to predevelopment elevation and contour. . The proposed dock will provide access to Mekins Creek. The dock would be 5'x60' with a 6'x20' platform at the end. The overall dock would extend 18' from the waterward edge of marsh into the 74' wide water body. Water depths are -1 ' NLW at the terminus of the proposed dock. The proposed dock would be constructed 30' from each neighboring riparian line. Anticipated impacts This project would result in the filling of 150 ftZ of ACOE jurisdictional wetlands and 331 ftZ of irregularly flooded Coastal Wetlands. The proposed driveway is located such that impacts to wetlands would be minimized while providing the only reasonable access to the property. There would be 9,488 ftZ of high ground disturbance with impervious areas well under30%. The proposed dock would shade 210 ftZ of Coastal Wetlands and usurp 156 ftZ of Public Trust Area. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Rural and ConsR11,02 i� EIVE® to the sites location in AECs, and non -coastal wetlands. Ilff�� tom JUN 2 6 2020 �EQ�d� �V' MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 In the Conservation land use category, the county states: "Uses allowed by Carteret County in AECs are those that are consistent with the State's minimum use standards, except when the policies contained in this plan are more restrictive than State standards" (pg. 94). Regarding non -coastal wetlands, the county "accepts applicable state and federal regulations regarding development activity in non -coastal wetland areas, with the exception of Land Use Compatibility Policy 2.1.5 which exceeds state and federal standards" (pg. 94). The "Rural" land use category is defined as: "Areas included within the rural classification include lands that are appropriate for or presently used for agriculture, forestry, mineral extraction, and other uses that should be located in a relatively isolated and undeveloped area. The predominant land uses are agricultural and residential. However, public facilities, health care facilities, and scattered industrial and commercial uses are allowed. Areas classified as rural are usually served by individual wells and septic systems. No central water service is anticipated during the planning period". Residential densities average two dwelling units per acre, with a minimum lotsize of20,000square feet (2.2 units per acre). Extensive portions of the Down East area are classified as rural, as are areas in northwest Carteret County. Within areas depicted as Conservation on the Future Land Use Map, there may be high -ground areas that are suitable for development. These high -ground areas shall be considered as Rural and development shall be consistent with densities and requirements contained in the Rural classification description, policies contained in the Land Use Plan, and applicable local, state, and federal regulations. The following LUP policies are applicable to this request: 2.0 Land Use Compatibility Policy 2.1, pg. 71: Carteret County's policies for development in coastal and non -coastal ("404," "401," or jurisdictional) wetlands are as follow: 2. Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks. 3. Carteret County concurs with state and federal standards for residential, commercial, and industrial development in freshwater wetlands except as prohibited by this plan. 4. Carteret County will cooperate with the U.S. Army Corps of Engineers in the regulation/enforcement of the "404" wetlands permit process. The County will require that areas of non -coastal wetlands be shown on all new subdivision plats. S. Carteret County opposes the installation of package treatment plants and septic tanks or discharge of any wastewater in coastal or freshwater wetlands. * * This policy exceeds state and federal standards for development in AECs or other fragile areas. Policy 2.2 Carteret County's policies for development in coastal shoreline areas are as follow: RECEIVED JUN 2 6 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 PAP �������A�_q® 252.8081808 _5 1. Residential and commercial development meeting the state's minimum use standards shall be allowed in coastal shorelines and ORW estuarine shoreline classified lands. Construction will be in accordance with all Carteret County ordinances. Allowed densities are set forth in future land use map category descriptions beginning on Page 94 of the land use plan. 2. Carteret County will allow all uses (such as residential, commercial, industrial, and institutional) in estuarine shoreline and ORW estuarine shoreline areas, provided all local, state, and federal standards are satisfied. Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan. RE cCEIVED 'IN 2 6 2020 �EC��s c�-ION pD a�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.806.2808 r , From: Euaene Foxworth To: Love-Adrick. Rachel A Subject: [External] RE: Tripp Major Permit Date: Friday, June 26, 2020 10:50:30 AM Hey Rachel, Doing well, hope you are. That statement is accurate. Thanks, Gene Eugene Foxworth Assistant County Manager Carteret County From: love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov> Sent: Friday, June 26, 2020 10:35 AM To: Eugene Foxworth <Eugene. Foxworth @carteretcountync.gov> Subject: Tripp Major Permit CAUTION: This,email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Hi Gene, Hope this email finds you well. The below statement is included in my memo that finds the Paul Tripp Major Permit consistent with the Carteret County LUP. Can you please confirm that the statement below reflects the county's position on the proposed development at the Tripp property. I want to make sure I am properly stating the county's position. "Carteret County was consulted to provide clarification on Policy 2.1.1 and to determine if a driveway is a land use in coastal wetlands that require water access. Gene Foxworth, Carteret County's Asst. County Manager and Director of Planning and Development was consulted and determined that the driveway requires water access to provide access the property's proposed dock." Thank you, Rachel RECEIVE® JUN 2 6 2020 i Rachel Lmre-Adrick p District Planner, Division of Coastal Ldrmagement North Carolina Department of Environmental Quality G�ry sir 252.808.2809 (Office) :..r. .� RacheLLmre-Adricic@ncdenr.gov L ext �.,..rr .;; ,."e.'. x,r P.=::v r 1''a y. P,: •,. i,•.>,•.•., :z.,i i;?..:: ., a., ?.., .L'c. ,^^i Disclaimer: The content of this message and all attachments are subject to NC Public Record Law. According to the law all information except the property of a private individual is considered public record and subject to disclosure upon request to third parties without prior notification. If you are not the intended recipient of this message contact the sender immediately and delete the message from your files. Thank you for your cooperation. JUN 2 6 2020 I��P SECTION MHD r 1 DocuSign Envelope ID: E5F10189-EO75-44BA-9231-FFDCB7EC45CE ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director' Paul Tripp 115 Spring Meadow Drive Bluffton, SC 29910 NORTH CAROLINA Environmental Quality June 22, 2020 RECEIVED J U L 1 7 2020 All"P SECTION MHD DWR # 2019-0563 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 270 Straits Point Road - Straits, Carteret County Dear Mr. Tripp: You have our approval, in accordance with the attached conditions and those listed below to permanently impact of approximately 0.01 of 404 wetlands area, in order for the construction of an access driveway to a new residential dwelling and the construction of a private docking facility, located adjacent to Mekins Creek which is contiguous with Core Sound in Carteret County as described in your CAMA Major application request dated received on April 23, 2020. The waters of Mekins Creek and Core Sound are designated as SA HQW by the DWR. The DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit application, and the Nationwide Permit No. 18 and Regional General Permit 56 when issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, 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: hall://portal.ncdenr.ororg/weblwgls=/ws/401/certsan ermits. 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 North Carolina Department of Environmental Quality 1 Division of Water Resources _ ��% Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 '���� /'� 910.79b.7215 DocuSign Envelope ID: E5F10189-E075-44BA-9231-FFDCB7EC45CE 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 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name f 15A NCAC 02H .0501 and .0502). 2. 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 02H .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. 3. A pre -construction meeting is recommended to be held with the Division prior to the start of the project phases so that the contractors and/or agents fully understand the conditions associated with this certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 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 5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetiand boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 7. 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. 8. 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 RECEIVED IVP SECTION MHD DocuSign Envelope ID: E5F10189-E075A4BA-9231-FFDCB7EC45CE during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 9. 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 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)] 10. 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 permittee/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 (800) 858-0368. 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]. 11. 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)(0]. 12. 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). 13. 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: b=: //portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apnly/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 Rft CEWED J U L 1 7 2020 MP SECTM MVID DocuSign Envelope ID: E5F70189-E075-44BA-9231-FFDCB7EC45CE known as OAH). A petition form may be obtained from the OAH at httn://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 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 Ifsending 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: Bill Lane, 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 Holley Snider in the DWR Wilmington Regional Office at 910-796-7304 or holley.snider0ricderingov Sincerely, EDoeuSlBAetllby: °n& -UL4 E3ABAUAC7DC ... Morella Sanchez King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4132 GC 4139 Thomas Charles - USACE Wilmington Regulatory Field Office -Electronic Copy Meadow Lenore, Agent- Electronic Copy Gregg Bodnar- NCDCM Morehead City Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF WiRO RECE FED JUL 1 7 2020 NIP SECTION MHD DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F2150 IN Mr-1 APPLICATION for Major Development Permit past revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT i- Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Paul MI Last Name Tripp Applicant 2: First Name MI Last Name I/ additional applicants, please attach an additional page(s) with names listed. Mailing Address 115 Spring Meadow Dr Po Box City Bluffton State SC ZIP 29910 Country Phone No. 561-358-0435 ext. FAX No. Street Address (if different from above) City State ZIP Email pablowpd(alaol.com 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name Lenore MI Last Name Meadows Agent/ Contractor 2: First Name MI Last Name Mailing Address 131 Middle Lane PC Box city Beaufort State NC zlP 28516 Phone No. '252-723-1826 Phone No. 2 252-728-1310 - - ext. - - ext. FAX No. 252-728-5005 Contractor# Street Address (if di//erent from above) City State ZIP RECEIVED Email 1 <Form continues on back> DCM-MHU 07Y 252-808-2808 :. 1.888.4RCOAST :: www, nccoastalma nagement. net DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address 270 Straits Point Rd State Rd. # Subdivision Name City State 2;p 28516 Harris Downum Property NC Phone No. Lot No.(s) (if many, attach additional page with list) ext. 1 1 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Mekins Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed pmject site. *aturat ❑Manmade ❑Unknown The Straits e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed XYes ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) 110 feet b. Size of entire tract (sq.ft.) 2 7, 805 c. Size of individual lot($) 27,805 d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 2 feet (I/ many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on tray Pine trees, live oaks and scrubby brush on the lot excluding the wetland portions which have been identified and marked. I. Man-made features and uses now on tract Vacant Land g. Identify and describe the existing land uses adiacent to the proposed project site. Single Family Residences 254 Straits Point Rd and 282 Straits Point Rd and adiacent State Road 1341 h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Unzoned (Attach zoning compliance certificate, if applicable) ❑Yes []No XNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes )(No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes )4No ❑NA 8 yes, by whom? I. Is the proposed project located in a National Registered Historic Oistrict or does it involve a ❑Yes No ❑NA -- National Register listed or eligible property? <Form continues on next page> MAR 16 2 l DCM-MHU CITY 252.808.2808 :. 1-888-4RCOAST :: www. nccoastalmanagement. net DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? XYes []No (ii) Are there coastal wetlands on the site? Ryes [--]No (III) If yes to either (i) or III) above, has a delineation been conducted? Oyes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing Tri-Party Septic System o. Describe existing drinking water supply source. None (future private well) p. Describe existing storm water management or treatment systems. Existing Ditch/Swale on front property line (road) 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government Xrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private Residence 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. Low impact equipment including skid loader to clear and haul fill and rock. Backhoe/auger to drill piling holes and skidloader to remove any roots from the building site and driveway. Equipment to be stored adjacent to property. d. List all development activities you propose. Install 12' wide driveway with culvert and retaining wall. Install holding tanks and install sewer pipe by trenching to existing stub -out located near the road with minimizing disturbance of wetlands and restoring any disturbed wetlands to maintin origianal substrate and contours. Install platform and dock on Mekins Creek. Install private driveway for ingress and egress. Add fill dirt for home building pad and drivewav/oarkina (9488 so ft). Total Comoacted aravel is 2420 so ft for drivewav and narking area. a. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 9488 Sq.Ft 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. Natural runoff as dictated by exisitng land contour i. Will wastewater or stormwater be discharged into a wetland? []Yes Wo []NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes Wo ❑NA j. Is there any mitigation proposed? ❑Yes o ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on baCl:> MAR 16 2023 DCM-MHD CITY 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C 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) - (1) are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 William J and Lisa J Gorman Phone No. Address 254 Straits Point Rd, Beaufort NC 28516 Name David T and Nancy Page Phone No. Address 282 Straits Point Rd, Beaufort NC 2 85 16 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fad 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. f further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/2/2020 Print Name Paul M Tripp 0oeu9ipnsA by: Signature CF7090195C884D2... Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAR 16 2020 DCM-MHD CITY 252-808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C 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 5 6' Width $' Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION WThis section not applicable a. Amount of material to be excavated from below NHW or cubic yards. (i) Does the area to be excavated include 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 ❑WL []None (ii) Describe the purpose of the excavation in these areas: to be d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL )jqThis section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? []Yes []No ❑NA (ii) It no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No []NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA III) If yes, how much water area is affected? MAR 16 2020 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccosstalmanaaement.net revised: 12/26/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION XThis section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other I. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 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, (ii) Amount of material to be placed in the water 20 scl yards (iii) Dimensions of fill area 8' X56r (iv) Purpose of fill Driveway into property from road 5. GENERAL a. How will excavated or till material be kept on site and erosion controlled? clean gravel will be used for bed with retaining wall on both sides of driveway where abutting the wetlands to keep sides of drive from migrating c. tq vws nawgauonai was oe regwrea as a resun or me prolecr r ❑Yes RNo ❑NA (ii) If yes, explain what type and how they will be implemented. Date 3/2/2020 suomergeo aquaac vegetanon kaAvl, snen ooaom taol, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw 481 ❑sAv ❑sB OWL _ ❑None (if) Describe the purpose of the fill in these areas: Driveway into property from road What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. If permit for driveway is approved, the driveway will be the access road to the property RECEIVED Applicant Name Paul M Tripp MAR 1 ( Project Name Applicant Signature DonuSfgned by: 270 Straits Point Rd Project ( ill nPP DGM-ivhl'--- P crroaorsscaeaoz... 252-808-2808 :: 1-888-4RCOAST n www.nccoastalmanagement.net revised: 12126/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM M P-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. Single Family Home c. Density (give the number of residential units and the units per acre). One e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes [:]No XNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 15.5% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12.8% j. Describe proposed method of sewage disposal. Double 1000 gallon tanks with pump to existing stub on property to Advantex system acrooss the road as illustrated on drawing I. Describe locatlon and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). Surface runoff will be the same as it is now on the lot. Driveway will be gravel/rock with culvert and reataining wall. One i. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Driveway = (total of 2420 Sq Ft) —Building and yard plot = 7,320 Sq Ft —Total = 9,488 Sq Ft (shaded area on drawing) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Fill dirt/sand/gravel total area impervious equl to 3476 sq ft h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes XNo ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes 5j�No []NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? []Yes >INo ❑NA If yes, attach appropriate documentation. RECEIVED MAR 16 ZUZJ DCM-MHD CITY 252-808-28082 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12,/26/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Private Well on Site o. When was the lot(s) platted and recorded? 10/07/2005 Date 3/2/2020 Project Name 270 Straits Point Road Project Applicant Name Paul M Tripp ocuSigneC by: Applicant Signature EP fi"PP CF9090195C884D2... n. (1) Will water be impounded? ❑Yes ❑No ANA (ii) It yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑11.,f No yyi4A RECEIVED MAR 16 2020 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C 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/marina: ❑Commercial ❑Public/Government Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes XNo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes XNo III) Number If yes: (iii) Length 60' (ii) Number (iv) Width 51 (iii) Length (v) Floating []Yes Xflo (iv) Width _��,,[[,, (v) Floating []Yes)6No e. (i) Are Platforms included? Wes [:]No f. (i) Are Boatlifts included? []Yes XNo If yes: If yes: (ii) Number 1 (ii) Number (iii) Length (iii) Length (iv) Width �— IN) Width (v) Floating []Yes Wo Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20' m. (i) Will the facility have tie pilings? []Yes XNo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). small skiff or inflatable I. (i) Will the facility be open to the general public? ❑Yes AINo RECEIVED MAR 16 2'3 l DCM-MILD CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanageMent.net revised: 12/27/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F715602F215C Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS XThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) 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? In. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED MAR 16 2020 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: w .nccoastalmanaoement.net revised: 12/27106 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-4 (Structures, Page 3 of 4) in. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the manna/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 lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Rooted areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (1) Number (it) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) u^ Thts 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 XThis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Commundy c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Am of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) MAR 16 2020 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: vvww.nccoastalmanaaement.net revised: 12/27/06 DocuSign Envelope ID: C8590DAD-2C46.4CCC-85FF-F7156D2F215C Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines more than 15' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 74' e. (i) Will navigational aids be required as a result of the project? ❑Yes XNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. more than 60' d. Water depth at waterward end of structure at NLW or NWL 2' 8. OTHER ❑This section not applicable a. Give complete description: 20' x 6' platform parallel to shore with 60' x S' dock (to shore) Date 3/2/2020 Project Name 270 Straits Point Road Project Applicant Name Paul M Tripp Applicant Signature EaD,oruh�siann.� by: pp '"I��1 CF➢090195G884D2... RECEIVED MAR 16 2020 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement net revised: 12/27/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form IN 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) g. Length of proposed bridge: I. Will the proposed bridge affect existing water flow? []Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: d. Water depth at the proposed crossing at NLW or NWL: I. (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) It. Width of proposed bridge: _ I. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes []No If yes, explain: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes []No If yes, explain: in. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: _ waters? ❑Yes []No If yes, explain: 2. CULVERTS ❑This section not applicable a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed. RECEIVED head of wetlands under propoed driveway MAR 16 L23 DCM-MHD CITY 252-808-2808 :: 1-88"RCOAST :: w .nceoastalmanagement.net revised: 10/26106 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) < Form continues on back> c. Type of culvert (construction material): PVC d. (i) Will proposed culvert replace an existing bridge? 11.,,CC []Yes No If yes, (ii) Length of existing bridge: (!it) 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: 20' h. Height of the top of the proposed culvert above the NHW or NWL. 12" j. Will the proposed culvert affect navigation by reducin or increasing the existing navigable opening? LjYes *0 If yes, explain: e. (i) Will proposed culvert replace an existing culvert? ❑Yes XNo If yes, (ii) Length of existing culvert(s): (!it) 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: 12 i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? []Yes XNo If yes, explain: 3. EXCAVATION and FILL )(This section not applicable a. C. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes []No If yes, (it) Avg. length of area to be excavated: (it!) 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: (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? []Yes []No If yes, (it) 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 ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: RECEIVED MAR 16 2020 DCiM-IMHD CITY 252-808-2808 :: 1-888-4RCOA3T :: w .nccoastalmana ement.net revised: 10/26/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C 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: e. (if) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? []Yes []No (I/ 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 (if) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes El No If yes, give dimensions if different from (ii) above. (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 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: 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: (iii) Avg. width of area to be filled: (iv) Purpose of fill: f. (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 ❑WL ❑None (if) Describe the purpose of the excavation in these areas: 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 )4No detour structures? ❑Yes ANo 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 RECEIVED approval or certification. < Form continues on back> MAR 16 ZOZO DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nceoastalmanagemeM.net revised: 10/26/06 DocuSign Envelope ID: C859CDAD-2C46-4CCC-85FF-F7156D2F215C Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? ❑Yes RNo If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic. dredge)? Skidloader g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes )INo If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. Date 3/2/2020 Project Name 270 Straits Point Road Project Applicant Name Paul M Tripp Applicant Signature DocuSlpneA by: it ty7 GF7090195088402... d. How will excavated or fill material be kept on site and erosion controlled? Retaining wall on both sides of the proposed driveway where abutting the wetlands f. Will wetlands be crossed in transporting equipment to project site? ❑Yes XNo If yes, explain steps that will be taken to avoid or minimize environmental impacts. Note: Once the driveway is in place . with the culvert over the wetlands area next o State Koade the fill dirt and equipment to the building site area RECEIVED MAR 16 2 [ ) DCM-MHU CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 m L W '7Jo% O,S 41 hG (EAVi 6N extc YYALW le. P �Z�'iYtl Letn J-� �ac� s �d / w tr- Wl �� ►ems C�� MLu .p 40 RECEIVE® MAR 16 2020 Dcm-6 Hf) CITY 02 7 o s4 w4s ' i7o anh- � MAR 16 2020 DCfW.MH® CITY. , I I r SnT12a<k front 1 5:�or^QI:r,G' 1 C� rnLw "1Joc% Mew El ?4-�Y,vi IA?"Z i G^ -- mcL�j RECEIVED MAR 16 2020 DCM-MHD CITY t K:Sr' J �iac (rd le Of MAW-f ) RECEIVED MAR 16 2020 DCM-MHD CITY r I I i'Kc��nS I I 1 ----,---pnLw I w 1 1 I I s& t —3 r S.-rba�k Mt w 0p100 1 SHor?'Cl;n� 1 I (!R7 -n i,> Bodnar, Gregg From: Brownlow, Roy Sent: Friday, July 31, 2020 11:22 AM To: Bodnar, Gregg Cc: Heather Krohn; 'Lenore Meadows'; Howell, Jonathan; Davenport, Ryan Subject: Paul Tripp 270 Straits Point Rd CAMA Major Permit status Gregg, I was able to speak with Lenore Meadows, Mr. Tripp's agent, by phone conversation this morning, The discussion was in regards to the 02/14/2020 Paul Tripp site plan for 270 Straits Point Rd which proposes 12' wide gravel drive through wetlands. I informed Ms. Meadows that during the permit review, DCM staff concluded in order to avoid and minimize impacts to coastal resources, the Division would authorize a maximum 10' wide fill and driveway area through the wetlands with a culvert installed. Based upon my conversation with Ms. Meadows this morning about this avoidance and minimization measure, she agreed as Mr. Tripp's agent to accept the maximum 10' wide fill and driveway width as a permit condition. I advised Ms. Meadows that Mr. Tripp would have the right to file for a contested case hearing on the permit condition. He may also, he may apply for a modification to the permit once it is issued if he still desires a 12' wide driveway through the coastal wetlands. That would likely be denied in which he may then apply for a variance from Coastal Resources Commission. Please include a condition on the major permit draft that would limit the proposed portion of fill material and driveway width through the wetlands to a maximum width of 10' with a culvert in addition to the standard permit conditions involving fill material within AECs including but not necessarily limited to the following: • The driveway fill retaining wall within and adjacent to the wetlands must be constructed prior to any backfilling activities. • The driveway fill retaining wall must be structurally tight so as to prevent seepage of backfill materials through the structure. • No fill material shall be stored, held or staged outside of the authorized fill area within the wetland area or within 30' of NHW. Please contact me if you have any questions. Thanks, Roy Brownlow District Manager, Division of Coastal Management North Carolina Department of Environmental Quality ^ 252.808.2808 (Office) Roy. Brown[GwOnodenr.gov Enr itin�'=�[a;,r'e1Ctae du s*ut x, xkjc_: <., i rrw tx+rks 10YJ to than rzeMx•., From: Lenore Meadows <lenore@eddymyers.com> Sent: Friday, July 31, 2020 9:47 AM To: Brownlow, Roy <roy.brownlow@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Heather Krohn <heatherk@bluewaternc.com> Subject: [External] 270 Straits Point Rd CAMA Major Permit status ? Good morning Mr. Brownlow and Mr Bodnar, We had hoped to receive the CAMA Major permit for 270 Straits Point Rd as the USACE and NCDWQ have both signed off on this project as drawn and submitted. So I was surprised to get this e-mail (see below) from Mr. Bodnar this morning asking for clarification on the wetlands fill area of the driveway. Please give me a call me or e-mail me at your convenience to help me understand where we are in this process. Where are we on this please? - we have a buyer with closing date and have already extended the Due Diligence period to get word from CAMA on this. Lenore cell: 252-723-1826 Lenore e-mail: lenore@eddvmvers.com Thank you, Lenore Meadows, Sellers Agent for Mr. Paul Tripp Lenore Meadows, Broker/REALTOR Eddy Myers Real Estate 131 Middle Lane Beaufort, NC 28516 e-mail: lenore@eddvmvers.com Cel l:252-723-1826 cc: Heather Krohn, Buyer's Agent ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 1, 2020 Paul Tripp 115 Spring Meadow Dr. Bluffton, SC 29910 Dear Mr. Tripp, This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a docking facility and fill wetlands for the purposes of a driveway, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make August 13, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City Lenore Meadows (131 Middle Lane, Beaufort, NC 28516) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Offlce 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul M. Trip 2. LOCATION OF PROJECT SITE: 270 Straits Point Rd., Straits Latitude:34°43'39.37"N Longitude:76°33'48.30"W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/24/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/21/19 Application Complete- 3/16/20 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Rural (B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Community Planned — NA (F) Type of Structures: Existing — N/A Planned — Single Family Home, Dock, Driveway, Culvert (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DRRDGRD Ti Ir.Urn ATUL'D (A)High Ground N/A 9,488ft2 Disturbed N/A (B)ACOE 404 N/A 150ft2 N/A (C)Coastal Wetland 331ft2 210ft2Shaded (D)Open Water 156ftz Shaded Usurped (D) Total Area Disturbed: 10,335ft2 (E) Primary Nursery Area: No (F) Water Classification: SA (G) Shellfish Classification: Closed 8. PROJECT SUMMARY: The applicant is proposing to fill 481 ft2 of ACOE 404 and Coastal Wetlands in order to access a proposed single family home and dock. Field Investigation Report: Paul M. Tripp Page 02 9. NARRATIVE DESCRIPTION: The Paul M. Tripp project is located at 270 Straits Point Rd. in the community of Straits. The lot is adjacent to Mekins Creek which is a canal extending off of The Straits. This property is 27,805ft2 in its entirety and is currently undeveloped. The shoreline is 110' in length and consists of a 35' wide fringe of Coastal Wetlands containing Smooth Cordgrass (Spartina alteniflora) and Black Needle Rush (Juncus roemarianus). The high ground portion of the site is naturally vegetated with woody plants. Existing between the high ground and Straits Point Rd. is an area of ACOE Jurisdictional Wetlands and approximately 6,000ft2 of irregularly flooded Coastal Wetlands containing mostly Salt Grass (Distichlis spicata). Water depths in Mekins Creek range from -1' to -2' at NLW. Bottom substrate contains mostly sand and silt. No SAV exist in this area. The Division of Water Resources classifies this area of The Straits as SA waters. This is not a Primary Nursery Area. This portion of Mekins Creen is closed to harvesting shellfish. The parcel is classified in the Carteret Co. LUP as Rural. 10. PROJECT DESCRIPTION: The applicant is proposing to create an access to his high ground by constructing a driveway through irregularly flooded Coastal Wetlands and USACOE federal wetlands. There would be 331ft2 of Coastal Wetland(Distichlis spicata) and 150ft2 of federal wetlands filled for the placement of the 10' wide driveway. A culvert would be placed under the proposed driveway to allow for existing drainage. A 54' retaining wall would be placed on the North side of the driveway and a 25' driveway would be placed on the South side of the driveway to prevent sediment transport into adjacent wetland areas. The proposed driveway would provide access to a proposed single family residence. The home would be 896ft2. It would be built landward of the 30' buffer and create —15.5% impervious coverage within 75' of NHW. The entire property would be —12.8% impervious. A total of 9,488ft2 of high ground would be disturbed. The home would be served by an existing offsite septic system. A sewer supply line would be trenched under the wetland area to connect the home with the disturbed substrate returned to predevelopment elevation and contour. A dock is proposed to provide access to Mekins Creek. The dock would be 5'X60' with a 6'X20' platform at the end. The overall dock would extend 18' from waterward edge of marsh into the 74' wide waterbody. Water depths are -1' NLW at the terminus of the proposed dock. The proposed dock would be constructed 30' from each neighboring riparian line. 11. ANTICIPATED IMPACTS: This project would result in the filling of 150ft2 of ACOE jurisdictional wetlands and 331ft2 of irregularly flooded Coastal Wetlands. The proposed driveway is located such that impacts to wetlands would be minimized while providing the only reasonable access to the property. There would be 9,488ft2 of high ground disturbance with impervious areas well under 30%. The proposed dock would shade 210ft2 of Coastal Wetlands and usurp 156ft2 of Public Trust Area. Name: Ryan Davenport Date: 4/2/20 Morehead City CAMA APPLICATION PROJECT NARRATIVE 270 Straits Point Road Project Paul M.Tripp Applicant RECEIVED MAR 16 2020 DCM-MHD CITY The proposed project is a building site at 270 Straits Point Road, Beaufort NC for a small (28' x 32') single family residence and is designed to preserve and maintain the natural setting of the waterfront lot on Mekins Creek and to minimize impact to the existing federal and coastal wetlands, vegetation and habitat on the lot. The proposed building site design includes a driveway, building pad for the residence, tie into an existing tri-party septic system and a small private dock (5'X 60') and platform (6'X20'). As there are designated areas of Waters of the US Wetlands and Coastal Wetlands between the road (Straits Point Rd - State Road 1341) and the buildable area of the vacant lot, a driveway for ingress and egress (driveway) to the residence must be built across the wetlands. There is no other access from the road to the house other than to cross a very small area of the wetlands. The driveway has been strategically located at "the head of the wetlands" to avoid and minimize the disturbance to any biological or vegetative habitat. The driveway design will tie into the higher filled area of the adjacent neighbor's property to the south where a typical neighborhood green grass lawn is growing. Fill dirt will need to be brought in for this project for both the driveway and the building pad for the home, but the only area where the fill will impact or cross the designated wetlands area is in the southeast corner of the lot and along the south property line for the driveway. We estimate that approximately 481 sq ft of wetlands will be disturbed where the driveway ties into the neighbors higher filled grassy lawn on the south property line. The fill for the home's building pad falls 100% outside of the designated wetlands areas. The driveway will be retained by short retaining walls on both sides and one 12' culvert within the wetland area. Once the driveway is in place, there will be little to no disturbance of the roadside wetlands area during the next phases of the construction process which would be to fill the building pad (home site) area and tie in the home's portion of the septic system to the existing off -site tri-party system. The proposed dock construction will only impact the wetlands on the waterside of the lot (see attached DCM MP-4 Structures Form). 3[(,(a-6 { e Sct` VN&(ssi6v\ c..(-,� V,- O c('; V-� UA C,�Ae - �c.e LA, Jr J`ts\.r 6eeVL (04 ( mok c C 4, ( <11.A U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00168 County: Carteret Counri U.S.G.S. Quad: Harkers Island Applicant: Size (acres) Nearest Waterway USGS HUC NOTIFICATION OF JURISDICTIONAL DETERMINATION Paul M. Tripp 115 Spring Meadow Drive Blufton.SC 29glO 0_42 Core Sound 03020301 Agent: Irff We Nearest Town Harkers Island River Basin Onslow Bav Coordinates Latitude: 34.7249361054101 Longitude:-76.5635760665482 Location description: Property is an undeveloped lot located 0.43 miles south of the intersection of Harkers Island Road and Straits Point Road. Property is on the west side of Straits Point Road, Beaufort, North Carolina. Property backs up to canal that flows into the Atlantic Intracoastal Waterway. Indicate Which of the Following Annly: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWAX33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delir�rps may not be able to accomplish this wetland delineation in a timely manner, you may wish too to conduct a delineation that can be verified by the Corps. MAR 16 2020 � SWED ®CM-MHD CITY _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on January 8.2018. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Caoito at (910)-251-4487 or Rachel.A.Cauito6ilusace armv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Atlantic and Gulf Coastal Supplement. The wetlands on -site directly abut or are influenced by a tidal ditch to the Atlantic Intracoastal Waterway, a Section 10 Navigable Water subject to the ebb and flow of the tide. Site visit by Rachel Capito and Thomas Charles February 16, 2017. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1995. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 RECEIVED MAR 16 2020 DCM-MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 10, 2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.RACHEL.ANN. D 109; by PFm `H SKI'_ MM Corps Regulatory Official: Date: January 8, 2018 1536276790 °DNS'cn=C �MCHEVNN.I6 76M Mt NIBZIM113 11-0S06' Expiration Date: January 8, 2023 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp://coEpsmapu.usace.army.mil/em apex/f?p 136:4:0. RECEIVED MAR 16 2020 DCM-MHD CITY DocuSign Envelope ID: F2F22518.1A71-4297-B48A-9BD3AB154D3F AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit Mailing Address: Phone Number: Email Address: Paul M Tripp 115 Spring Meadow or, Bluffton, SC 29910 561-691-4538 pablowpb@aol.com I certify that I have authorized C Lenore Meadows Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: single Family Residence - Minge Cottage at my property located at In Carteret County. 270 Straits Point Rd, Gloucester, NC I furthermore certify that I am authorized to grant, and do in fact grant permission to" Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: �au /mot, "riff cFroeoia�9pZature Paul M Tripp Print or Type Name owner Title 9/19/2019 I I Date This certification is valid through RECEIVED MAR 16 2020 DCM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY O ER OTIFICAT ON/WAIVER FORM �. ��.( 'Tr; PpNA Name of Property Owner. Address of Property: 2%� ��'Mt; IS �c1tn� �1 d �p4 iy+�fi NC -I- (Lot or Street #, Street or Road, City & C unty) C a f4v rye{- Cd Agents Name #: t^_ Lytdcc VVI ee- w-JJ Mailing Address: () !34A5< 3i�`f QQ Agent's phone #.: -1 9 - a c d 9 S- a-kS f y- I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be Provided with this letter. I have no objections to this proposal. I have objections to this proposal.. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastaimanaoementnetlweb/cm/stafi-listinu or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Riparian Property Owner Information) Si atwe L6L8�rf r Iq eh Print or Type ame 0 6 V3,4k IM Mailing Address Signature ^ - r L Gy I S 7 1�-4,-11 d. C rt Cti �4 e, Print or Type Name 14d1If ttn \°, C-vw\^ (� Mailing Address � tic- �sJc, 6ru-mx �a NL a-i4s50 Citylstatpvzp CitylState/Zip �varcQ� Telephone Number/Email Address I 7 Telephone Number/Email Address 0-6 Date Date (Revised Aug. 2014) RECEIVED MAR 16 DCM-MHD CIYY ►01 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM aK�7�11010 I _ice TC�'T Name of Pro 1% rrrroT�- dd s o � ,-7 0 G �s > t��r �, _ Bear Addr�ss of Property: r _ (Lot or Street 4, Street or Road, City & County) c, rc � *w -t Agent's Name* o uas r'c M Gc-d" S Mailin Address: !a>6 V $ 5 Agent's phone #: SR414 -I NL I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttp•//www nccoastaimanagement.netWeblcmisfaff-listino orby calling 1-888-4RCOAST. N. mcnnnsp is considered the same as no objection H you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Slgnalwe e Print or Type Name P yM^aaa/iling Address City/State/Zi Telephone umber/Email Address e A0 r c- f7 c k4- vvi�3. C.M1 (Riparian Property Owner Information) .Signature Print or Type Name William J. and Lisa J. Gorman 254 Straits Point Road Beaufort, NC 28516 Telephone Number/Email Address Date RECEIVED MAR 16 2020 (Revised Aug. 20146CM-MHD CITY r ■ 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 mallpiece, or on the front If space permits. 1. Article Adtlresse to: �i �v1ct NericI r� I 1 Vl "' 1I4r t✓ rez',S" I w- i? y S t 9590 9402 4859 9032 8446 79 7018 3090 0000 6641 2696 PS Fonn , JDIy 2015 PSN-7530-02-000-9053 fi 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 malipiece, or on the front if space permits. 1. Ara(cio: re Addressed tj Wll\lGM QYWI�Vk 2K`1 .SA Af � t Vt'E—p .0 A. Is delivery address I*mnt from If YESflrlt4d jNRy IUIMM�fJs b� \ V 1. I�. Of ❑ No 3. Service Type ❑Adult Signature ❑ PdontY Mall Express® :3 Adult signature Restricted Delivery ❑ Car00ed WIND ❑Regletaretl Mell*'^ ❑ Re Istered Mall ResMcted Delivery Datum ❑ certified Mail Restricted Delivery — - ❑ ReturnReceipt for Alect on Delivery Ilect on Delivery Resetcted Delivery ❑ Signature Confirmation"^ ._wed Mal ❑ signature Conn nwim 7 Inured Mell ResMcled Delivery over $600) Restricted Delivery Domestic Return Receipt ,i ❑ Agent of Delivery D: Is dellvery address dl ferent from Item 11 0 Yes If YES, enter delivery address below: ❑ No 11111 NEB 1111111 IF 11111111 3. Service ype Adult 0 Priority Mepreee® 0D ❑ Registered Mall*^' 9590 9402 4859 9032 8446 55 Adult Slgn wraaRestricted Del 0 Cedlfled MWM ❑ Re1?letered Mail Restricted -- ❑ Certlged Mall Restricted Delivery ❑ Collect an Delivery ❑ Return Receipt for Merchandise 7018 3090 0000 6641 �O. collect on Delivery Restricted Delivery 2702 11 ❑ Signature ConfinnaticnTM ❑ Signature Confirmation JI Restricted Delivery Restd ted Delivery PS Form 38l I, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RECEIVED MAR 16 2020 DCM-MHD CITY United States Postal Service 7A }}'rlIF��{{IrI'NN�'��I"'Irp{I�I�> '`".r.—csjlr.�'I I{�rIQ'I �,1IrIII�:r1Ij3 IIIII iIIII II11„IIlif ill-1 1I.111. 1. 1 9590 9402 4859 9032 8446 55 United States Postal Service \ 6 TO First -Class Mail Postage & Fees Paid \USPS Permit No. G-10 E:4-1 -2. 3& y tU C 2-€Si �P y W.+.�. -M F t s'Pahi • Sender: Please print your name, address, and ZIP+4" in this box• C. LeMoyfc Me"�sxzs � �x 3� e�f NC- aF6-stc,, tl'lulrlllPdollPlrlll111ilidnitllllhdlilrrinl�irlllrlrp RECEIVED MAR 16 2020 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY Lenore Meadows 131 Middle Ln. Beaufort, NC 28516 Dear Ms. Meadows: ROY COOPER (inrrnv,r MICHAEL S. REGAN S,mlan BRAXTON DAVIS /)wcmr MDR The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 270 Straits Point Rd. The complete package was received on 3/16/20. The projected deadline for making a decision is 5/30/20. An additional 75day 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 3/16/20, 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 I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Management Representative Enclosure cc: Jonathan Howell, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State ofNosth Cmmlina I Envvonmemal Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTI(ow'1174A CAMA PERMIT APPLIED ..FOR PROJECT: COMMENTS ACCEPTED THROUGH APP L NT: FOR MORE DETAI TIJ&LOCAL PER CONTACT DFFICER BELOW: Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: ROY COOPER Governor MICHAEL S. REGAN Secretary fy BRAXTON DAVIS Director GS Please publish the attached Notice in the 5/2/20 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator rE ;'DIVED OR 2 R 2020 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 :r 1 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 3/16/20. According to the application, Paul Tripp applied to construct a single family home with dock and driveway adjacent to Mekins Creek. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 5/22/20, 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 this matter will be provided upon written request. PUBLISHED ON: 5/2/20 RECEWED APR 2 R 2020 RAP SECTION M-HD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Advertising Receipt Jessica Gibson NC Division of Coastal Management 400 Commerce Avenue MOREHEAD CITY, NC 28557 Ad taker: Adm Salesperson: Description 01 Carteret County News -Time Payment Reference: Credit Card Holder: Credit Card Number: Credit Card Expiration: Credit Card Verification #: Credit Card Verification Amt: 0.00 CARTERET PUBLISHING 4206 Bridges Street Ext. PO Box 1679 Morehead City, NC 28557 Phone:(252)726-7081 Fax: (252)726.6016 Cust#: 13112292 000 Ad#: 13585478 Phone: (252)808-2808 Date: 04/22/20 Classification: 175 Start I Stop 04/26/20 04/26/20 Ins. I Cost/Day I Surcharges I Total 1 53.51 53.51 Total: 53.51 Tax: 0.00 Not: 53.51 Prepaid: 0.00 Total Due 53.51 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 an application for a development permit In an Area of Environmental Concern as designated under the CAMA was received on 6116/20. According to the application, Paul Tripp applied NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Envi- ronmental Quality hereby gives public notice as re- quired by NCGS 113A- 119(b) that an application for a development permit In an Area of Environmen- tal Concern as designated under the CAMA was re- ceived on 6/16/20. Accord- ing to the application, Paul Tripp applied to construct a single family home with dock and driveway adja- cent to Mekins Creek. A copy of the entire applica- tion may be examined or copied at the office of Ryan Davenport, NC Divi- sion of Coastal Manage- ment, located at 400 Com- merce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Direc- tor, Division of Coastal Management, 400 Com- merce Avenue, Morehead City, N.C. 28557, prior to 5/16/20, will be considered In making the permit deci- sion. Later comments will be accepted and consid- ered up to the time of per- mit decision. Project modi- fication may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision In this matter will be provided upon written request. A26 ROY COOPER (invrmar f � mu MICHAEL S. REGAN Secrrtary BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY Direnar Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: Please publish the attached Notice in the 4/26/20 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Si erely, J. an Da o tal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator Stele of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 6/16/20. According to the application, Paul Tripp applied to construct a single family home with dock and driveway adjacent to Mekins Creek. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 5/16/20, 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 this matter will be provided upon written request. PUBLISHED ON: 4/26/20 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 ROY COOPER Gavemnr MICHAEL S. REGAN serc,n.v BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY Dln"an Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: Please publish the attached Notice in the 4/26/20 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Jonathan Howell, Major Permits Coordinator Slate of North Carohna I Environmental Quality I Co tal Management 400 Commerce Ave I Morehmd City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Enviromnental Concern as designated under the CAMA was received on 6/16/20. According to the application, Paul Tripp applied to construct a single family home with dock and driveway adjacent to Mekins Creek. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 5/16/20, 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 this matter will be provided upon written request. PUBLISHED ON: 4/26/20 State of North Carolina I Environmental Quality I Contal Maoagement 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NORTH CAROLINA, CARTERET COUNTY This Instrument and this certificate are duty fled at the date and time and in the Book and Page shown on the first page hereof. Jo a ty �br of oiled, By rc pytpgMy,P Ynd FIE t 154N rw aaaraiaanrn.. I deI uee» c.rter.t w�tr, sic NOrII0 SEED 16 1 ::55:46 W1 FEE S26.60 FILE 1540244 NORTH CAROLINA QDTTCLAIIH DEED Madana"e"c"dmgmPAILM.T4W, 115SPR10frM6ADot0D0l2fV6,BL4PFr&J,SC.1%o This instrument prepared by_ n NORTH CARVLIIaA tluua:a.aunasausu l THLSDEEDmedethuthe-dayof RK, mtheyear2BIN byandbatwem GRANTOR GRANTEE _ TifOMkS TR-iPP + PA-uL,A4,TR.1PP J&A4M5keb( +l-7*JPP + MAa.4.F F7kIPP IB3ISLAND VJvsT D.k1✓6 + 116S-PkpviE Bunt Tool I SG 2991E + 5WFF1-onl i SG • 2�1�10 The desquatioe Grantor and Greater as used herein shall include said parties, thwbeha, succasnn, and asagns, and shall include singular, plural, masculine, femiuiae, mneuter as may be required by contest WrrNESSETH, that said Grantors, for and in consideration of the a= often dollars and other cwsideratim to them in hand paid the receipt of which is hereby acknowledged, have remised and released and by thesepre¢ots do rise, release, andfinever quitclaim mono the Grantee and his bean and assigns all right. title, claun, and Sesame of thc=dGranmrsmmdmacertamta wparc4aflandlYi4aDdh=gmdCOmtYOf_G(L7 £S and Sb,eofNorfh Cmolma,in TiPN1 Towasbipmdmorepartiadarlydacnbedaslollowx TRhCT 2 ^(ELLIE POWPILLlA P20P1�,ETy 2Zo sreAin pOtmr eD fz- r oGr, roc, 285t 10 The property heremebove despribed was actgmed by Granite by imtnmeotrecorded in SC 'tii�iGliEi� ETCFfi(31'r;W... 0* G ?33bD313�723440........ A map ahowivgthe ebovedeacdbed properly is reemdedn Map/Cabiod 613� et Page TO HAVE AND TO HOLD the aforesaid tact orp=d of lend and all privileges theretmto belonging whim the said Grantee and his heirs and assigns fre anddischarged from all agbf, title, chum orintereat ofthe said grantors or anyone clang by, and through erunderthem Title to the p Wffty beremabove described to Subject to the following exceptions if my: N%A BOOK�SLfO PAGE Lg G RECEIVED MAR 16 2021 DCM-MHD CITY SCANNED IN TESTIMONY VZMREOF, said Gxmtms have hemmto set the hands and seals the day end yeafast above Of the foregoing instrument Witness my and and dfi.ml stamp or seal, this \(� dry of 20_y,�. EVAN SCHILLMOLLER NOTARY PUBLIC NotaryPublic NEW HANOVER COUNTY, NC My Commission Exp. BOOK t!2 i0 PAGE �u RECEIVED MAR 16 2020 DCM-MHD CITY EXHIBIT "An Beginning at a pmnt m the W6st ri9Lt of way of State At d awl . which jinni-n9 mist is Alm ]mod the Poll .; g musesand distances i-cm tine ant cf intmm;ecCtm aC the carter' Lines of State Road L--35 and state rc d 1343, F said int c5actim of the canter lines of state Road 1335 and State lid 1341 and pxc ee+3 .1 aioczl the czntez line of State Road M41 in a smfbu�sterly direction 599.43 feet to a pniat m the centr line of State Hcad MO.; thence S E8-22-55 W and alone the center line of a mlaprt lying State Aozd 1341 a distance tff 15.97 :eat to the net right of way of State Road 1341; th®c4 S 18-is W and wig the Vest line of S. R. 1341 271. 72 feat to the PCM CF BEMMMZ; there != said Dint of 4gin s W 77-25-18 W 232.02 feet to Mekirs Creek; thence with the high water nark of Mekirs Creek B 25-14-58 E 66.75 feet; thence mntirnia wits the high water mark W 22-36-45 W 44_71 fct to a point: thence S 85-16-41 E 253.03 feet to tine Vest Line of State Read 1341; thews with the west line of State Poad 1341 S 18-15 W 135.86 feet to tie PCnr CF BM=. T; and being shown m a smr y prepared for Me"— C. D� by PowaU Slaveyim Company, dated October 1, 1984, and to imla da any and all rirari and littcxal tv umidene to the above desmhad BOOK PAGE d f J 1 SAGE _ -1 SCOMED MAR 16 2020 DCNI_MHD CITY CARTERET COUNTY 24658 10/07/2005 $120.00 H Real Estate • ;pOLINA r ' Ezclaa Taz Melanie Arthur 3P CARTE.RET COUNTY PH Date 10/07MA05 Time 08:51.:06 OR 1,1,36002 - PAge 1, of 3 ro01?iH CAR41 IRA, CARTERET COUNTY Thie insW m and piscmtiucm. me duly Pledetthe d" and limo end in thm Book and Page shmm on the lira Page hereof. M ,le Ad r, Register of Deeds BY — arn,eq again+owe Pmcel a7136.01.13.9723 Excise Tine S120.00 File No. 9741/ TJPF-1.X NORTH CAROLINA GENERAL WARRANTY DEED This DEED trade this the day of September, 2005, by and between PAUL R. DOWNUM, with joinder of spouse, ALICE DOWNUM, hereinafter "Grantor" and THOMAS TRIPP AND WIFE, JEAN MEREDITH-TRIPP, P.O. Box 1915, Orleans, MA 02653, hereinafter "Grantee". The designation Grantor and Grantee as used herein shall include said paztics, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by contact. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Straits Township, Carteret County, North Carolina and more particularly described as follows: See attached Exhibit "A" TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and five and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove is subject to the following exceptions: Restrictive Covenants of record 2. Public utility casements of record. 800 ILY, PAGE-Z----Cp MAR 116 2020 CITY IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. t]�i�/?Ytfl� (SEAL) (SEAL) MICE DOWNUM STATE OF iUt&, Co 41-,Cw COUNTY OF �Oi1wt'�M C 6nn i i ACL� a Notary Public of the aforesaid County and State, do hereby certify that PAUL R. DOWNUM AND WIFE, ALICE DOWNUM personally came before m,S.this.d and acknowledged the due execution of the foregoing instrument. J A. BfC Oembe and and official stamp,or seal, this the o y ofsemnte�ba, 2005. �i! fct NOTARY KIBLIC My F:WSOfficcttlocuments\DEEDS\hipp deed from downum.DOC BOOK 2 PAGE-L. MAR R 6 2020 D CITY EXHIBIT "A" Beginning at a pint ® the peat right Of uay Of State Pced 1-141 p ich beginning mint is also 1cnated the follming muses and distends f m the Point clE intersactim of the centerlino of State P� L735 Mid States Road 1341: faun said intrersectim of the mnta lip Of State Road 1-335 and State %.W 1341 and pccQediiq aycrxl ttm cmtvr line Of State Pt a 1341 in a soot3suest�ly directim 598.43 feet to a point on the �t r 11na of State Road 1341; ffiencs 5 88-ll-55 w and alffin the center line of a culvert lying taller State R ad 1341 a distance of 1.97 feet to the west right of wiv of State Pcad 1341; theme S 18-15 Wand wi _� the east line of S. R 1:341 271.72 feet to the p=;T OF MUZOEM; thenca fryv sa,d hurt of Se4amnig N 77-25-18 W 232.62 feet tc Mek;n. Creek: tSanc•` with t'% high orate mark of Mekina meek N 25-14-58 E 66.75 feet; thctce mntmm—,m with the high pater mark N 22-36-45 N 44.71 fleet to a point: thence S 85-18-41 e 255.03. feet to the West lire of State P.cad 1341; thence with the west line of State Pond 1341 S 18-15 W 135.86 feet to the J1II^ CF PIXWE C; and being shorn m a survW prepared for Ne1L4a C_ Dw by Papell StSve2,in9 CaRP al, dated �dCct:#¢ 1. 1964, and to include any and all riparian and libt. to the above descit„ d.p.,a; a'y. BOOK—L-1-1 PAGE a MAR 1 D 2020 CITY NORTH CAROLINA CARTERET COUNTY Melanie Arthur 5P CARTERET COUNTY ' MA Date 07/07/2006 Time 15:48:00 OR 1179275 Page 1 of 5 NORTH CAROLINA, CARTERET COUNTY This Instrument and this cartificale are duty filed at the date and time and in the Book and Page shown on the first page hereof. Prepared by Harris Law Firm, PLLC TRI-PARTY AGREEMENT Ju��lyy THIS AGREEMENT trade and entered into this the 3rd day of Idtt6, 2006, by the CARTERET COUNTY HEALTH DEPARTMENT, hereinafter known as the "Department"; MURDOCH AND ASSOCIATES, INC., and THOMAS TRIPP AND JEAN MERIDITH TRIPP hereinafter known as the "Developer"; and the STRAITS POINT ROAD OWNERS' ASSOCIATION, INC , an incorporated non-profit owners association, hereinafter known as the "Association": The Developer is the owner of certain lands lying in Straits Township, Carteret County more particularly described as "Tract 1, 2 and 3" described on that survey entitled "Harris and Downum Property" by Stroud Engineering, as revised 06-02-06 and as also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry, hereinafter "Plat", in which Tract I is identified as "William Downum", Tract 2 as "Paul Downum", and Tract 3 as "James Hams". The Developer desires to construct one waste collection, treatment and disposal system to provide wastewater disposal to serve the three lots on said lands. The system is located on the area of Tract 3 identified as "Proposed Sanitary Sewer Area" and is as shown on the Plat. The Developer has obtained easements as shown on the Plats to service the treatment plant and to provide for the placement of lines. The Developer has applied to the Department for the issuance of permits pursuant to G. S. 130A-336 and 130A-137 to construct, maintain, and operate a wastewater collection, treatment and disposal system. The Developer has developed the subdivision accordance with all applicable local ordinances. BUQK RN MAR SCNKD DCM-N 1, The Developer has formed the STRAITS POINT ROAD OWNER'S ASSOCIATION, INC., an incorporated non-profit owners association, for the purpose, among others, of handling the affairs, and business of the subdivision; of operating, maintaining, and repairing the wastewater collection, treatment and disposal system; and of collecting dues and assessments to provide funds for such operation, maintenance, and repair and a copy of the Articles of Incorporation are attached to this document as Exhibit A. All parties desire to assure that the wastewater collection, treatment and disposal system of for Tract 12 and 3, are properly constructed, maintained, operated, and repaired in accordance with laws, rules, and permit conditions in order to protect the public health, the quality of the waters of the state and the public interest therein. NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived by each of the parties hereto, the Department, the Developer, and the Association do hereby mutually agree as follows: 1. The Developer shall construct the wastewater collection, treatment and disposal system in accordance with the permit, applicable rules, and plans and specifications hereafter issued and approved by the Department; and shall thereafter properly operate, maintain, and repair such systems in accordance with applicable permit provisions, rules, and laws until the entire system has been transferred to the Association. 2. The Developer shall not transfer ownership of the wastewater collection, treatment and disposal system to the Association until the system has been inspected, permitted, and determined to be operating in accordance with applicable rules and permit conditions. 3. The Association, after transfer of ownership of the wastewater collection, treatment and disposal system to it by the Developer shall thereafter properly maintain, operate, and repair the system in accordance with laws, rules and the conditions of the permit. The Association shall levy and collect the assessments provided for in its bylaws, including special or additional assessments, and, in the event that the sum realized by the levy of such assessment shall not be adequate to maintain, operate, and repair each system as required by laws and conditions of the permit, the Association shall take such action as is necessary to secure funds for such purposes. 4. The Association, in its duly filed bylaws, shall identify the entire wastewater collection, treatment and disposal system as a common use area, although the area will be owned collectively by the 3 lot owners, which will receive the highest priority for expenditures by the Association, except for Federal, State, and local taxes and insurance. 5. The Association, upon dissolution, shall provide for the continued proper operation, maintenance, and repair of each wastewater collection, treatment and disposal system. & The Association, except upon dissolution, shall not transfer, convey, assign, or otherwise relinquish or release its responsibility for the operation, maintenance, and repair of it wastewater collection, treatment and disposal systems. BOQKPAG RECEIVED MAR 16 ' DCM-MH'U ems; A copy of this agreement and the Articles Of Incorporation attached, as Exhibit A shall be filed with the Register of Deeds of Carteret County. IN WITNESS WHEREOF, this agreement was executed in triplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below. This the 3rd day ofJ , 2006. By Authority of the Carteret County Health Department: (SEAL) Health Director Carteret County Health Department STRAITS POINT ROAD OWNER'S ASSOCIATION, , MURDOCH & ASSOCIATES, INC. By David Ray Murdoch, Jr President i 5 Jam/ L i a 'e• ii `. r—,.V NM61TH 7) RECEIVED MAR 16 STATE OF / 1 QS5 couNTY or 1d'n,2tk� 'lWO ,I Ilan( —,I a Notary Public of the aforesaid County and State, do certify that THOMAS TRIPP AND JEAN MEREDITH TRIPP personally came before M}i I d*knowledged the due execution of the foregoing instrument. JU I d and official stamp or seal, this the J day of)utre, 20r)6. r- ;r NOTARYPUBLIC CYNTHIA B. DUNNE '.. C�!� .err Notary Public ;C l� *".'�`. � ' .'' 71 t'D fl Commonwealth i si Mauachweth My Commission E*rW . - May 17, 2013 ATE 16F NORTH CAROLINA COU14TY & CARTERET Denise Lewis a Notary Public of the aforesaid County and State, do hereby certify that David Ray Murdoch, Jr. personally came before me this day and acknowledged that he is the President of MURDOCH & ASSOCIATES, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by him as President. July WITNESS my hand and official stamp or seal, this the 5th day ofJdd� 2006 DENISE LEWIS y NOTARY PUBLIC ARTERET COUNTY, N. C ., My Commission Expires: • AR Denise Lewis Printed or Typed Name of Notary Public October 30, 2010 RECEIVED MAR 16 2025 DCM-MHD CITY NORTH CAROLINA CARTERET COUNTY I uec a Notary Public of the County and State aforesaid, certify that r director of the CARTERET COUNTY HEALTH DEPAR app before me this day and acknowledged the execution of the foregoing and official stamp or seal, this 3rddaY of 2006. NbrayN�G7 blic NORTH CAROLINA CARTERET COUNTY I, Denise Levis a Notary Public of the County and State aforesaid, certify that David Ray Murdoch, Jr, President of the STRAITS POINT ROAD OWNER'S ASSOCIATION, appeared before me this day and acknowledged the execution of the foregoing instrument on behalf of the Association. t1j1A') rtness m signature and official stamp or seal, this 5th day 2006. DENISE LEWI3 NbTARY PUBLIC Notary Public CARTERET COUNTY, N. C. My commission expires: October 30, 2010 F:1Nmfflice4iacum®ts=P0Tri-Puty Avmwt- mdoch.dm RECENED MAR 16 2020 OCM.MHD CITY Melanie RrMTERET COUNTY,41) MR Date 07/07/2006 Time 15:49n00 OR 1179276 PA9a 1 of 4 NORTH CAROLINA, CAHTERET COUNTY This hatNNent bed this Carll"Cele are dui, PIP-1 W the date and 1i and in the 61,,% e14 Pe9u r" �•n an in, lust cage he`nc't PREPARED BY: HAMS LAW FIRM, PLLC NORTH CAROLMA ) NON EXCLUSIVE EASEMENT (SEWER SUPPLY LINE AND DISPOSAL AREA) CARTERET COUNTY July THIS EASEMENT is made and entered into this 3rd Hsy of ]( 4 2006, by and between MURDOCH AND ASSOCIATES. INC., and THOMAS TRIPP AND JEAN MERIDITH TRIPP, (hereinafter, "Developer"), and all femme owners owner of certain lends lying in Straits Township, Carteret County more particularly described as "Tract 1, 2 and 3" described on that survey entitled "Harris and Downum Property" by Stroud Engineering, as revised 06-02-06 and u also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry, hereinafter "Plat", in which Tract I is identified as "William Downturn", Tract 2 as "Paul Downum", and Tract 3 as "James Harris" (hereinafter "Owners", ). MURDOCH AND ASSOCIATES, INC., and THOMAS TRIPP AND JEAN MERIDITH TRIPP, are the owners of certain lands lying in Straits Township, Carteret County more particularly described as "Tract 1, 2 and 3" described on that survey entitled "Hams and Downum Property" by Stroud Engineering, as revised 06.02-06 and as also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry,. hereinafter "Plat", in which Tract 1 is identified as "William Downum", Tract 2 as "Paul Downum", and Tract 3 as "James Harris", (hereinafter "Property'l The Developer has proposed a joed sepudiewer system, which will serve the property, and such system has been approved by the, '� Cou�t� H Department t and is subject to a Td-Party Agreement Recorded in Book I I 1 T at I gclo lrCateet County Registry. This document is given to create the easement for the supply line tankage, pretreatment system disposal and repair area to service the Sanity Sewer system as approved /� `J RECEIVED Dtiltty aaa.t-5traiA- --:V— P Page r of 4 MAR 16 2020 DCM-MHD CITY SWEG TERMS OF EASEMENT NOW, THEREFORE, for good and valuable consideration, receipt whereof is hereby acknowledge, Developer does, hereby, for themselves, their heirs, successors and assigns, grant unto Owners, then -bon, successors and assigns, a non exclusive easements as follows: I 9,Ime Fxsemam: A perpetuaL nonexclusive 10-foot wide casement for mnallation and m®ntenance of sewer supply lines over property described as follows: Being a 10-foot wide eas meat partially adjacent to N.C.S.R 1341, and being more particularly identified as "10' Easement for Supply Line" as shown on that survey map entitled "Tract 1, 2 and 3" on that survey entitled "Harris and Downum Property" by Stroud Engineering, as revised 06-02-06, which is incorporated herein by reference for a more particularly description of the easement area and more particularly described as follows: BEGINNING at the southeast cornor of that property conveyed to Paul Downum in Deed Book 509, Page 164, Carteret County Registry, thence from said point and place of beginning so located, N 87-39-23 W, 10.29' to a point; thence N 15-55-I81i, 134.56' to a point; thence N 85-52-13 1's, 36.28' to a point; thence N 17-32-30 E, 27.16' to a point; thence S 80-59-25 E, 225.14' to a point; thence N 12-06-00 E, 47.63' to a point; thence S 77-54-00 E, 10.00' to point; thence S 12-06-00 W, 57.10' to a point; thence N 80-59-25 W, 226.00' to an existing iron rod; thence S 17-32-30 W, 25.34' to a point; thence S 85- 52-13 W, 36.08' to a point; thence S 15-55-19 W, 125.16' to the point and place of beginning. 2. Fa t for Sanitary S, DisposalSupplyI nw Tankage. yrrrrrnr,nene SystemsDisposal and Reps ir Area- A perpetual and exclusive easement, (subject, however, to termination as henareRer provided), for installation and maintenance of a Sanitary Sewer System over the following described property: All of that area described as "Proposed Sanitary Sewer Disposal Area" as shown on that Map recorded in Map Book 30, page 991, Carteret County Registry and more particularry described as follows: BEGINNING at a point located S 80-59-25 E, 245.92' from an existing iron rod located in the northwest comer of that property now or formerly owned by James Hams as shown in Deed Book 712 Page 129, Carteret County Registry, thence from said point and place of beginning S 80-59-25 E, 150.22' to a point; thence S 12-WOO W, 100.34' to a point; thence N 80-59-25 W, 80.12' to a point; thence N 12- 06-00 E, 43.30' to a point; thence N 77-54-00 W, 70' to a point; thence N 12-0600 E, 53.26' to the point and place of beginning. 3. Faaenwms Rim with land: The easerntat rights herein shall nm with the property, as described above, subject to the termination provisions described below. 4. 1rw ofPrnpem,; The aforesaid portion of the wastewater disposal area is hereby restricted, as to use (until termination as hereinafter provided), for a wastewater treatment and disposal system as set out heron. / /�11 �� Q�Ii�✓�j� utility Easement -Straits lbint Paqe 1 of 4 IRECENED MAR 16 DCM-MHD 5, Ternmatinn: In the event, that public or private sewer shall become available to all of the property, or in the event that all of the property shall be approved by appropriate authorities for on - site septic tank sewage disposal, it= the owners of said property shall be obligated to hook up to such sewer system or to utilim on -site septic tank sewage disposal, as the case may be Said owners rights and easements hereunder shall terminate upon connection to the approved septic tank or public or private sewer system. 6. Taxes: From an after the date of recordation of this easement and until termination as above provided for, the owner of that property idetnified as Lot 3 shall be responsible for any ad valorem taxes attributable to the disposal area easement. 7, ada;ntA,an: STRAITS POINT ROAD OWNERS' ASSOCIATION, INC., an incorporated non-profit owners association consisting of all owners of the property shall be responsible for reasonable maintenance on the property which has the disposal area easemen l and supply line easement. 8_ T.v.ns R;nding: The terms of this easement shall be binding upon, shall insure to the benefit, and shall be enforceable by, Crramor and Gramm their bars, successors and assigns. IN WITNESS WHEREOF, Developer has hereunto set their hand and seals the day and year fast above written. MURDOCH & ASSOCIATES, INC. STATE OF NORTH CAROLINA COUNTY OF CARTERET I, Denise Levis , a Notary Public of the aforesaid County and State, do hereby certify that David Ray Murdoch Jr. personally came before me this day and acknowledged that he is the President of MURDOCH & ASSOCIATES, INC., and that by authority duly given and m the am of the corporation, the foregoing instrument was signed in its name by hum as President. WITNESS my hand and official sta np or seal, this the th day of'�` td� 2006. =DENISE NOTAI Y PUBLIC Denise Lewis Printed or Typed Name of Notary Public My Commission Expires: October np3000 22�0��10�(_�1�L__ o e Dtlllty basement-sttalts Polnt " - —'�"— Faye 3 of i f2ECEJVED MAR 16 2020 [)CM-MHD CITY (SEAT.).. THOMAS TRIPP SEALI JEAN ITH TIOPP � V STATE OF I -1 QSS COUNTYOF 1,1 /1 ill/I'1,C(Cl , a Notary Public of the aforesaid County and State, do hereb certify that THOMAS TRIPP ANTI JEAN MERIDITH TRIPP personally came before me this day and acknowledged the due estatioo of the f rrego'i zinstrumeM. JU I� WITNESS my hand and official stamp or seal, this the •—J day ofJwB; 2 6. 4 OTARY PUBLIC Printed or Typed Name of Notary My Commission >: ip1, 1 CYNTItap a, Neoary Public ❑AL RCmmmonwaahhof rM .?Y + NV1IIf/// my Commh.IJen Epim apirq ? 1,.}t� M7'�' May 17, 7017 :r5, F'VdSOfficeWoc.UaJOCWcru rd--I dw .Rom-• '-+�� utility Easement -Straps Point Page 4 of 4 RECEIVED MAR 16 2011 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direclor, Division of Coastal Management April 23, 2020 MEMORANDUM.' FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg.bodnar(a ncdenr.aov SUBJECT: CA MA Permit Application Review Applicant: Paul Tripp Project Location: 270 Straits Point Rd, Beaufort, Carteret County Proposed Project: Single Family Home, Dock, Driveway, and Culvert Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 13, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28357 (252) 808-2808 DCM Coordinator: Applicant: Distributed Yes® Date: No ❑ N( / �3) ")Ox AGENCY WrIRO 21J�-WARD t' Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: 46 Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletler— (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz We Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources enee Gledhill -Earley Rene_ e_Gledhill-Earley Div. of Water Infrastructure eidi Cox Clif Whitfield Marine Fisheries Anne Deaton 1� �t Anne Deaton David Harris NC DOT avid Harris Shellfish Sanitation Pigin`non Jenkins & Sharok6Gupton Shannon Jenkins & Sharon Gupton State Property Tim64on�alton & MikWNoser & Wa Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: ri A. Montalvo/Shelton n Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion an Sams Sami Dumpor Storm water rj ine Hall Roger Thorpe DWR401 bMairs(Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC aria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program odney Bulter Rodney Bulter D:\Amanda\Amanda\Major Permit Processing\2020 Admin forms\Major Comment Distribution Sheet 2020.docx Revised: 5/7/2019 d pc�ul �QP MAJOR (�PERMIT �/���y/n Annlirant. 1 ' I i y)v— Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial I(that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ❑ Major Modification to a $2 50 100% ($250) 0% ($0) CAMA Major permit 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 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) I can be a lied: III(C). If General Water Quality Certification No. 60% ($240) 40% ($160) 4097 (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 life: III(D). If General Water Quality Certification No. $400 60% ($240) 40%:1:60:):: 4aquatic 4097 (see attached) cannot be applied: IV. For development that r[71 involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Paul Tripp 42120 Project Site County: Carteret Staff., JRD District ❑Elizabeth City 0 Washington ®Morehead City ❑wlmington Project Name: Paul Tripp Rover File: N/A Date of initial application submittal 1021119 Date application "received as complete" in the Field office (EX.- 1/&2007) 3/1WO Permit Authorization: SCAMA Dredge & Fi11 SBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV.• ❑Yes ®No []NotSure Shell Bottom: []Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP: ®Yes []No ❑Yes ®No Moratorium Conditions: LJ Yes LJNo Environmental Assessment Done: ®NA []Yes ®No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQM ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosumides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullmsh or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Sall/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 can be applied - $250 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanamement.net revised: 02/15H0 t�(' `_�}�.. .icnn �, r, o,.�.>#:at cj# ���jolic'. t�si7 ':�.i�a3{•;u r r 41iri f c�..,; - , ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ® III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, rage 3 of 4) Applicant: Paul Tripp Date: 42120 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tamp Impacts) impact amount) tamp impacts) amount High Ground Disturbed 94888ft2 94888ft2 Open Water Shade usurp 210 sq ft 210 sq ft Open Water 156 sq ft 150ft2 156 sq ft 150ft2 404 filled Coastal Weiland Filled 331ft2 331ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net - revised: 02/15/10 WC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant. Paul Tripp Date:4/21/20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Dock 1 60 5 platform 1 20 6 Single family home 1 30 30 New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work El Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N revised 02115/10 ■ 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. 1. Article Addressed to. $� S �s�J ��t rcF—►� IIIIIIIII IIII IIIIIIIII IIIIII III IIIIlII IIII I III 9590 9402 4859 9032 8446 55 i ❑ Agent X ❑ Addre: B. Received by (Printed Name) C. Date of well D. Is delivery address different from Item 1? ❑Yes If YES, enter delivery address below: ❑ No RECEIVE r+ 3. Service Type ^ y t3 Priority Mail Eziees [3O Adult Signature (, ! ❑ Registered MCAT. ❑ Adult Signature Restdoted Delivery D Registered Mail Re ❑ CerMled Mail® ❑ Certified Mall Res (3Return Receipt for ❑ Collect on Dell ,{��tor.�:�a(�yCo rn Collect on Delivery Ressioted De9very� "'e"'tuk ConFlrtne D Signature Confirms 7018 3090 0000 6641 2702 ii Restricted Delivery Restricted Delivery P8 Form 3811, July 2015 PSN 753iO 02-00D-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse X ��j El so that we can return the card to you. 19 ■ Attach this card to the back of the mailpiece, B. ce ve (Pri(n�ted rri0 C. to or on the front If space permits. ,.J• I'ocp W 1. Article Addressed to: Is qT elivery address different from It 1? U Yes - � J t � N `n � ^� p No xl `fst IIIIIIIIIIill111llllllllllll111llllll111lll111 3. Service Type Priority Mail aIlT. ® ❑ Adult Signature RF sly 0 Registered Mani• ❑ Adult Signature Restricted De ery ❑ pelglveryiStered Mall Restricted 9590 9402 4859 9032 8446 79 ❑ Dartlfled Mail Restricted Delivery ❑ Return Receipt for �llect on Delivery c iM R7�diee Ilect an Delivery Reslric'�o 6,14ver�j kSSiIglH�aatuFe Confirmation*" 7018 3090 0000 6641 2696 red Mall ❑ Signature Confirmation ❑ Inured Mell Restricted Delivery Restricted Delivery PS Four" 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt n NC Division of Coastal Management Cashier's Official Receipt Received From: �r�/`"�� {l ti GI L'J ? Permit No.: jJ Applicant's Name: ` V/` /!7 /k Project Address: f /�f"� 0" ABC D Date: + " pp $ �I 0U s Check No.: County: 6r Una Please retain receipt for your records as proof of paymentifor permit issued Signature of Agent or Applicant:—. 'Date: Signature of Field Representative: - Date: /G I l CAMA Application Minge Cottage Project Narrative The proposed project is a building site at 270 Straits Point Road, Beaufort NC for a small (22' x 30') single family residence and is designed to preserve and maintain the natural setting of the waterfront lot on Mekins Creek and to minimize impact to the existing federal and coastal wetlands, vegetation and habitat on the lot. The proposed building site design includes a driveway, building pad for the residence, tie in to an existing tri-party septic system and a small private dock. As there are designated areas of Waters of the US Wetlands and Coastal Wetlands between the road (Straits Point Rd) and the buildable area of the vacant lot, ingress and egress (driveway) to the residence must be built across the wetlands. There is no other access from the road to the house other than to cross the wetlands. The driveway has been strategically located at "the head of the wetlands" to avoid and minimize the disturbance of any biological vegetative habitat. The driveway design will tie into the adjacent neighbor's property to the south which has already been filled in and where a typical neighborhood green grass lawn is growing. Fill dirt will need to be brought in for this project for both the driveway and the building pad for the home, but the only area where the fill will impact or cross the designated wetlands area is in the southeast corner of the lot and along the south property line for the driveway. We estimate that approximately 450 sq ft of wetlands will be disturbed where the driveway ties into the neighbors higher filled grassy lawn on the south property line. The fill for the home's building pad falls 100% outside of the designated wetlands areas. Once the driveway is in place, there will be little to no disturbance of the roadside wetlands area during the next phases of the construction process to fill the building pad (home site) area, install and tie in the home's septic to the existing off -site tri-party system (other than trenching), and to build the house. The proposed dock construction will only impact the wetlands on the waterside of the lot (see attached DCM MP4 Structures Form). RECEIVED w 21 M DCM-MHD CITY Approximate project area outlined in red for 271 Straits Point Road. Approximate wetland boundary A (closest to road): 0.15 acres Approximate wetland boundary B: (closest to canal): 0.08 RECEIVED OCT 21 2019 DCM-MHC CITY APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the ID Form Instructional Guidebook - SECTION I, BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): December 27, 2017 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 270 Stratis Point Road, SAW-2017-00168 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: North Carolina County/parishlborough: Carteret County City: Harken Island Center coordinates of site (lat/long in degree decimal format): Lat. 34.7249361054101°N, Long.-76.5635760665482° W Universal Transverse Mercator: 18 356838.99 3843653.11 Name of nearest waterbody: Core Sound Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Atlantic Intracoastal Waterway Name of watershed or Hydrologic Unit Code (HUC): White Oak River, 03020301 ® Check if map/diagram of review area and/or potential jurisdictional areas is/we available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc.. J are associated with this action and are recorded on a different ID form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 02/162017 SECTION H: SUMMARY OF FINDINGS A. RRA SECTION 10 DETERMINATION OF JURISDICTION. ThereRK "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There M"waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' ❑ TNWs, including territorial seas ® Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet, wide, and/or acres. Wetlands: 0.23 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if (mown): 2. Non -regulated waters/wetlands (check if applicable):3 ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs R�rollMvED foci a I Z, 0t- V'p;c ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. _2. The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.AA and 2 and Section III.D.1.; otherwise, see Section IIIX below. 1. TNW Identify TNW: Atlantic Intracoastal Waterway Summarize rationale supporting determination: Water is subject to the ebb and flow of the tide and is currently and historically used to move goods and services. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': Wetland directly abuts canal which flows directly into AIW W. Wetland A on site is tidally influenced by ditch. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IIf.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offske. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: .i Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW' ❑ Tributary flows directly into TNW. ❑ Tributary flows through tributaries before entering TNW. Project waters are river miles from TNW. Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are M aerial (straight) miles from RP W. Project waters cross or serve as state boundaries. Explain: RECENFR) Identify flow route to TNW': Tributary stream order, if known: All OCT I 1 All (b) General Tributary Characteristics (check all that avolvl: Tributary is: ❑ Natural DCM4M[) CITY ' Note that the instructional Guidebook contains additional information regarding swalm, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. -3- ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffie/pool complexes. Explain: Tributary geometry:' c Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: c `ta°1t Estimate average number of flow events in review area/year: MM Describe flow regime: Other information on duration and volume: Surface flow is: pick List. Characteristics: Subsurface flow: N'ckIiist. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.7 Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): fill) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'RECEIV'b (iv) Biological Characteristics. Channel supports (check all that apply): d ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland hinge. Characteristics: k• !+ ❑ Habitat for: t„yi ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid. -4- ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Warlord type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: . Explain: Surface flow is: Characteristics: Subsurface flow: c s Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to IN Project wetlands are river miles from TNW. Project waters are r aerial (straight) miles from TNW. Flow is from: Ne- L Estimate approximate location of wetland as within the floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if (mown: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an All wetland(s) being considered in the cumulative analysis: am Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION Size (in acres) REGEIvI: u OCT 21 Z019 DCM-MHO CITY - 5 - A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and fifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IH.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area ❑ TNWS: linear feet, wide, Or acres. ® Wetlands adjacent to TNWs: 0.28 acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW when tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section M.B. Provide rationale indicating that tributary flows seasonally: Provide estimates forjurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates forjurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. RECEIVED Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q C T 2 12019 sSee Footnote # 3. DCM-MHD CRY -6- ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section IH.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and mtlonale in Section HI.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section HI.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general role, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one ofthe categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): is ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which we or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Welland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Ian 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): 9 To complete the analysis refer to the key in Section IH.D.6 of the Instructional Guidebook. RECEI v 91) " Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Art Jurisdicdon Folloudng RapM S.2 ' i9 DCM-MHD CITY 7- Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e, rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): .- ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, when checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consuhant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Harkers Island ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: 6-� .M I 1/Ir7/l� t itw- "htle- &Whk kECEIVED OCT 21 Z019 DCM-MHD CITY see Mr-1 APPLICATION for Major Development Permit (last revised 12/27/86) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Minge Cottage Applicant 1: First Name MI Last Name Dale R Minge Applicant 2: First Name MI Last Name Diane L Minge If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 30 Sunny Ridge Lane Pittsboro NC ZIP Country Phone No. FAX No. 27312 USA 919-259-8849 ext. Street Address (if different from above) City State ZIP Email drmingel@gmaii.com 2. Agent(Contractor Information Business Name Eddy Myers Real Estate Agent/ Contractor 1: First Name MI Last Name Lenore C Meadows Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 131 Middle Lane 389 Beaufort NC ZIP Phone No. 1 Phone No. 2 28516 252-723-1826 ext. 252-728-1310 ext. FAX No. Contractor# 252 728 5005 Street Address (if different from above) City State ZIP 17) Email lenore@eddymyers.com <Form continues on back> OCT 21 �01J DCM-MHD CITY Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 270 Straits Point Road Subdivision Name city State Zip Tracts 1,2 and 3 Straits Point Rd. (State Road 1341 Beaufort NC 28516 - or Harris Downum Property) Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. 1, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project See attached: Mekins Creek 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 The Straits 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. Carteret 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 110 feet 107,405 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or (Tract 1), William Downum 31,700 sq. ft..72 acre), NWL (normal water level) (Tract 2), , Paul Downum 27,804 sq. ft. .64 acre, 2 ft. ®NHW or ❑NWL (Tract 3), James Harris 47,900 sq. ft. 1.1 acre (If many lot sizes, please attach additional page with a list) e. Vegetation on tract small pine trees and a few small live oaks as well as scrub over the whole lot excluding the wetlands portion. f. Man-made features and uses now on tract RECEIVED vacant land OCT 21 2M g. Identify and describe the existing land uses adjacent to the proposed project site. DCM-MHD CITY Single family residences: 254 Straits Point Rd. 282 Straits Point Rd. Adjacent State Rd. 1341 h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Unzonedl (Attach zoning compliance certificate, if applicable) Oyes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA RECEIVE If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA OCT 21 20 National Register listed or eligible property? DCM-MHD CITY Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, Aavailable) n. Describe existing wastewater treatment facilities. Existing tri-party septic system o. Describe existing drinking water supply source. None (future private well) p. Describe existing storm water management or treatment systems. existing ditch/swale on front property line (road) 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publio'Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residence. 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. Low impact equipment including skid loader to clear and haul fill and rock, backhoe/auger to drill piling holes and skidloader to remove any roots from building site and driveway. Equipment to be stored adjacent to property. d. List all development activities you propose. Install 12 foot wide driveway if approved on South side of lot at end of wetlands warping around existing power pole and a culvert under drive if requested. This driveway will be contained with a 6"X 2' retaining wall to prevent driveway material sluffing into wetlands (see driveway detail). Install 3" or 4" sewer pipe (as required) from holding tanks to existing stub -out located by road. This will require trench for pipe across wetlands to holding tanks as illustrated on map. Install private dock (6'X20" and walkway(5'X32') and private drive for egressfingress as illustrated on map. Install 2' of fill in all areas indicated on map with diagonal lines (approx. 9,084 Sq. Ft. including driveway) e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 450 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No AMEIVED that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Natural runoff as dictated by existing land countour OCT 212019 DCM-MHD CITY I. Will wastewater or stormwater be discharged into a wetland? Oyes, ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA RECEIVED j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. BCM-MHO CITY Major Development Permit <Form continues on back> 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) — (t) 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 affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed 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 GORMAN, WILLIAM J AND LISA J Phone. No. Address 254 Straits Point Road Beaufort, NC 28516 Name Page, David T and Nancy Phone No. Address 282 Straits Point Road Beaufort, NC 28516 (Maiing address: 4214 Queen Victoria PI. Greensboro, NC 27455) Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of mmy�knowled?e. Date /'��c2t\ j�_ Print Name I—P JAZ16e f Y \2 A4 0.4 Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts RECEIVED ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information OCT 212019 DCM-MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 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 Breakwater (excluding shoreline (NLW or NWL) stabilization Length Width Avg. Existing NA NA - Depth Final Project NA, NA Depth 1. EXCAVATION . ®This 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. c. (1) Does the area to be excavated include coastal wellandalmarsh d. High -ground excavation In cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL ❑None (II) Describe the purpose of the excavation in these areas: 2. <DISPOSAL OF EXCAVATED MATERIAL ®This section not applicables a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (I) Will a dls Pcast area be available for future maintenance? So ❑Yes []No❑NA []Yes ❑NA (ii) If no, attach a letter granting permission from the owner. (il) If yes, where? e. (1) 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 (@ If yes, how much water area Is affected? number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (it) Describe the purpose of disposal in these areas: RECEIVED OCT 21 2019 DCM.MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin use li - Structures) A Tuns of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑BreakwatedSAl ❑Other.._ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backflll _ Riprap BmakwatedSill Other _ I. Source of fill material. L (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA pi) If yes, state amount of erosion and source of erosion amount information. h. Type of All material. 4. OTHER FILL ACTIVITIES El This section not applicable .(Excluding Shoreline Stabilization) - a. (1) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (I) WIII fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or II Amount of material to be laced n the water 20 sc yards other wetlands (WL)? If any boxes are checked, provide the (11) P number of square feet affected. (tin Dimensions of fill area 8'X56' ❑CW ❑SAV ❑SB (N) Purpose of fill OWL 448 ❑None Driveway into property from road (II) Describe the purpose of the fill in these areas: Driveway into property from road 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? clean gravel used for bad with necessary slope incorporated into total width of driveway c. (1) Will navi alional aids be required as a result of the project? ❑Yes Mo ❑NA (11) If yes, explain what type and how they will be implemented. 1015/1.9 Date Minge Cottage - Project Name. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Skid loader and root rake backhoe d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yss ❑No ®NA (A) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. If driveway is approved, it will be the access road to the property its and Dime Mingle' ,aul6kr -10/9/2019 el -danswnwW -. tEC -AVEC /�ALt.l. f�1AU.I�l, 10/9/2019 —,sesFsee,eoeaaF._ W 21 2019 DCM-MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 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 proposed. One c. Density (give the number of residential units and the units per acre). One e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes ONO ®NA (11) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 9% I. Give the percentage of the entire tract to be covered by Impervious' and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 9% j. Describe proposed method of sewage disposal. Double 1000 gal. tanks with Pump to existing stub up on property to Advantex system across the road as Illustrated on map Describe location and type of proposed discharges to waters of the state (e.g., surface mnoff, sanitary wastewater, Industrialt commercial effluent, 'wash down' and residential discharges). surface runoff will be the same as it is now. Driveway will be gravel/rock. Small catchment pond (6'X9' will connect to current wetlands via culvert under driveway b. Number of lots or parcels, d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Road = 120X12 and 22X20 (total of 1884 Sq. Ft.) Building and yard plot = 7,200 Sq. Ft. Total = 9,084 Sq. Ft. (shaded area on map) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Fill dirl/sand/gravel h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (1) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No DNA (11) If yes, list the date submitted: k. Have the facilities described in Item (1) received state or local approval? Yes ®No DNA If yes, attach appropriate documentation. m. Does the proposed project Include an innovative stormwater design? ECENED Yes ONO DNA R If yes, attach appropriate documentation. OCT 21 2019 DCM-MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Private well o, When was the lot(s) platted and recorded? 10/0712005 101512019: Date Minge Cottage Project Name Dale/Diane:.Minge - =BtFkn'=' A. 10/9/2019 Appiwantativ ab+w_ Docual9ned br. 10/9/2019 Evi 1515F8a8190ENF... n. (I) Wit water be Impounded? ElYes ONo ®NA (if) If yes, how many acres? p. If proposed development is a subdivision, will additional Allies be installed for this upland development? Yes ONO ®NA RECEIVED OCT 21 2019 DCM-MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 Form ACM 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 ❑This section not applicable a. (i) Is the docking facilityimanna: b. (1) Will the facility be open to the general public? OCommercial ❑Publlc/Govemment NPrivate/Community ❑Yes ONO c, (1) Dock(s) and/or pier(s) (II) Number One (!it) Length 20' (iv) Width 6 (v) Floating ❑Yes ONO e. (I) Are Platforms included? []Yes ®No If yes: (ii) Number (Ill) Length (Iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from ddpfine dimensions. g. (i) Number of slips proposed 0 (it) Number of slips existing 0 t. Check the proposed type of siting: ❑ Land out and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other, please describe: k. Typical boat length: 12 m. (1) W81 the facility have tie pilings? []yes ONO (it) If yes number of tie pilings? d. (1) Are Finger Piers included? ❑Yes ®No If yes: (it) Number (Ili) Length IN) Width (v) Floating ❑Yes ONO f. (1) Are Boatiifts included? ❑Yes ONO If yes: (11) Number (Ili) Length (tv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). small open skiff or inflatable I. (I) Will the facility be open to the general public? []Yes ®No �ECEIVEG OCT 21 ,";",q DCt"HD f.;irX 9ocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 2. DOCKING FACILITY)MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: NA; Location: NA ❑ Showers ❑ Boatholding tank pumpout; Give type and location: NA b. Describe treatment type and disposal location for all sanitary wastewater. _ NA c. Describe the disposal of solid waste, fish offal and trash. NA d. How will overboard discharge of sewage from boats be controlled? NA e. (7 Give the location and number of 'No Sewage Discharge' signs proposed. NA (ii) Give the location and number of'Pumpout Available' signs proposed. NA f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake' signs proposed. NA i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? NA k. Describe design measures that promote boat basin Flushing? NA I. If this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the manrialdocking facility proposed within a primary or secondary nursery area? 1q DYes ®No OCT %I ?� DCM-►` 1) C1TY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wellandshnarsh (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 110 ❑Noire p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. L BOATHOUSE (including covered lifts) MThis section not applicable a. n Is the boathouse structure(s): ❑Commercial ❑Public/Govamment ❑Private/Community (if) Number (III) Length (iv) Width _ Note: Roofed areas am calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable: a. (i) Number (ii) Length (!it) 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 "Hands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the stmcture(s): b. Number []Commercial ❑Publlc/Government ®Private/Community c. Distance to be placed beyond shoreline _ it. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7_ GENERAL DECEIVED W 21 ZM1 t)CM_MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (1) Will navigational aids be required as a result of the project? OYes ❑Nc ❑NA (ii) If yes, explain what type and how they will be implemented. it. Water depth at waterward end of structure at NLW or NWL 2' (. OTHER ❑ This section notapplicable a. Give complete description: 20' X S' dock parallel to shore with 32' X 5' perpendicular to dock (to shore) 10/5/2019 Date. Minge Cottage Protect.Name Dale and Diane Minge - 7f�� Fierrry �i l t NIAN 10/9/2019 Zooc�sw�k ee by: 10/9/2019 �t � i5/5F3aa190E04F... �ECE��Ep OCT 21 2019 DCM'MHD CITY DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 Form ON 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'appbcable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public7Government ❑PrivatelCommunity C. Type of bridge (construction material): e. (1) Will proposed bridge replace an existing bridge? OYes ❑No If yes, (11) 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) 9. Length of proposed bridge: d. Water depth at the proposed crossing at NLW or NWL: L (I) WIII proposed bridge replace an existing culvert? OYes ONO r yes, (Ip Length of existing culvert: _ (Ili) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) WIII all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: i. WIII the proposed bridge affect existing water low? OYes ONO J. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? OYes ONO If yes, explain: k. Navigation clearance underneath proposed bridge: _ M. Will the proposed bridge cross wetlands containing no navigable waters? 0Yes ONO If yes, explain: I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ONO If yes, explain: n. Height of proposed bridge above wetlands: 2, CULVERTS; ❑ This secbon not appFicable a. Number of culverts proposed: 1 b. Water body In which the cuivert is to be placed: Wetlands under proposed driveway Ft,CENE < Form continues on backa pCT 2�?':'q DOA-0 DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 c. Type of culvert (construction material): Plastic type d. (1) Will proposed culvert replace an existing bridge? Yes ®Nd If yes, (it) Length of existing bridge: _ (ill) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) WIII all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: 29 h. Height of the top of the proposed culvert above the NHW or NWL. 12" j. Will the proposed culvert affect navigation by reducJ29 or increasing the existing navigable opening? Yes ®No If yes, explain: e. (1) Will proposed culvert replace an existing culvert? OYes ®No If yes, (ti) Length of existing culvert(s): 011) 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) g. Width of proposed culvert: 14" I. Depth of culvert to be burled below existing bottom contour. 0 k. Will the proposed culvert affect existing water flow? If yes, explain: OYes ®No 3. EXCAVATION and FILL El This section not applicable a. (1) Nil the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? OYes ®No If yes, (ip Avg, length of area to be excavated: (ill) Avg. width of area to be excavated: (N) Avg, depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: _ C. (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? OYes ®No If yes, (II) Avg, length of area to be excavated: _ (III) Avg. width of area to be excavated: (N) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (1) Wit the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (M), 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 (it) Describe the purpose of the excavation In these areas: �ECE.IV�Q p�Z 21 cui9 DocuSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area: NA (11) Dimensions of the spoil disposal area: NA (Ili) Do you claim title to the disposal area? OYes ®No (if no, attach a lettergranfing permission from the owner.) (iv) Will the disposal area be available for future maintenance? Oyes ®No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? OCW OSAV OWL OSB ®None If any boxes are checked, give dimensions if different from (II) above. NA (vi) Does the disposal area Include any area below the NHW or NWL? ? OYes ®No If yes, give dimensions if different from (if) above. e. (1) 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 below NHW or NWL? OYes ®No If yes, (ii) Avg. length of area to be filled: _ (III) Avg, width of area to be filled: IN) Purpose of fill: 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? OYes ®No If yes, Ili) Avg. length of area to be filled: _ (Ili) Avg, width of area to be filled: (iv) Purpose of fill: f. (1) 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 wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom ISE), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. OCW OSAV OSB OWL ®None (11) Describe the purpose of the excavation in these areas: a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? Oyes ®No detour structures? OYes ®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, < Form continues on back> vtE 'Soso 130 21 JA\9 I)CM.0 11 0 CkT-4 DoctiSign Envelope ID: 072AF989-5498-4A46-999D-7BE562FD5490 c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion 0Yes ®No controlled? If yes, complete Form DCM-MP-2. NA e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Skidloader g. Will the placement of the proposed bridge or culvert re9yuirs an shoreline Sabllization? nYes allo If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 1015/19 Date.. - Minge Cottage Project Name ..- Dale and .Diane Minge I�pfp�INagar f ifair M lla41, 10/9/2019 jGW'F�iN4a5�@tZ674@.".. r—Doccebnetl by '' 10/9/2019 f Will wetlands be crossed in transporting equipment to project site? OYes ®No If yes, explain steps that will be taken to avoid or minimize environmental Impacts. DocuSign Envelope ID: F2F22518-lA71-4297-848A-gBD3A8154D3F AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Paul M Tripp 115 Spring Meadow Dr, Bluffton, Sc 29910 561-691-4538 pablowpb@aol.com I certify that have authorized C Lenore Meadows Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Single Family Residence - Minge Cottage at my property located at In Carteret County. 270 Straits Point Rd, Gloucester, NC l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: LMa �- k Ti,* — GF UUIWMFfature Paul M Tripp Print or Type Name Owner Title 9/19/2019 I I Date This certification is valid through RECEIVED OCT 212019 DCM-MHD CITY FIE 1151244 NORTH CAROLINA,and CARTEREt COUNTY Instrument and and duty 01etl at d In Bookficate me date and Nme end In me Book and Page shown theThIate and rva RaarBlaa'yaT He�dettvu1 asters on the that page hereof, c+.t.�.t cw�ty, arc April 3, 2010 16:55:48 AN Je ppppe6tY rd Deeds INssa By IAM_ll�tll �a.00 ya Dwan FILE 11540244 NO= CAROLINA QiRTCLAiMDEED mw d"r mochog to PAaLM. TR IPP, (15 SPft &A(6A 00 U) ORIV5, BLU FF roN/SC. 2rjg10 This main oast prepared by' ,�nid M6REOrrN -rP.1PP Brief desmptmn form` index TPAcr 2 Al 5uA E DO wtj I.uM /?'R0 Pb R71i NORJJ� CAROLINA QUITCLAIM DEED THIS DEED merle this me _LL day of /TYJ'N— .is the year 20by aad between GRANTOR GRANTEE TWA++s rR-IPQ + 'PA-VL,M-rRIpP JEA4m5kzfOtN-T'bPP + Mh24h F711PP 103lsumDW'w-DRIVE + 115SPkttJG-titP-40o1A)3'.)P 5 Bu+Fr rant sic 2991 b + 61,A ronl ,sic. agk'w The designation Grantor and Grantee as esedbeiem shill include said parties, %%hews, successors, are sestgos, and shall include singular, plma4 mescaline, femmioe, or neuter as may be required by contact MTNESSETN,that said Gmnmrs, foraid m consideration of the aura of tm doll.- and other co—deretiaa to them in land paid, the receipt ofwhich is hereby acknowledged, have remised and released and by these presents do remise, release. andfinevcr quitclaim loss, the Gmmee sed his heirs cod weighs all right, title, claim, and interest of the said Greeters in and e a certain tractor parcel of land lying and being m the County of=CA(LT'E12£�� and State of North Carolina, m TPFl1 Tcwnsldp and moreparacdaly described as mdowS: TRo-LT 2 Iy CLUE DOWAl6f AA Rel)pf-°Ty 2Z0 srgAf75 Potmrou) BEAILr'OEr, MC_ 28s1 (n The property hwcinabove described was aegrmed by Grantor by iweummt reemdd in SC 'lrt✓Gi EYrR' 17"A' 133L0343�.723cui0-........ A map showiagthe above-dwmbed property is recorded iu 1WCabinet U3& dpage 2— TO HAVE AMID TO HOLD the aforesaid tact orparcel ofland aad all Privileges themanm belonging to him the said Gmmee aid his heirs and assigns free and discharger) 8'om all right; title, claim or interest ofine said grantors or anyone claiming by, and through reorder them. Title to the property haemabove described m subject a the followiog eacepeona if arty: N/A S00K_\2E_PAGE Lt RECEIVED OCT 21 2019 DCM-MHD CITY INTESTIMONYO✓19EREOF, said Gtmtoiehavebereanto sattheybends nod seals theday endye first above vmm (see) v (seal (seat) (see!) SEALSTAIR NORTH CAEOMA, F 3(! Q N r, allowy pubuc ofthe County and Won me Of the foeegoinginvtrm nt I�(("y� EYAN SCNILLA90LL R s my eod and oT.W stump or seal, this �Lday of v i so NDTARY PUBLIC Notary Public NEW NANOVER COUNTY, NC My Comminion Eapitea: l yi'Iyb�•ZD(4 B®QK-i2�O PAGE du RECEIVED OCT 21 M9 DCM.MHD CITY EXHIBIT "A" Begiaaiog at a Point w the west right of way of State pad 1341 woidi beginning point is also ]gated the foil a im usesand cistrsses f:os the Faint cf intersection of the ®ts' lies of State Roads 1-135 and states Rxid 1341: £am Said � of ti,c �ter lines of State Arad 3335 and State Rood 1341 aud'ym min;* along the cent¢ Lvm of State Road 3341 in a soutbwestmwly direction 598.43 feet to a Foist on the motes I'm of State Read 2341; thenca S 18-11-55 W and elan? the cants line of a culvert lying tmrar_r State Road 1341 a distance of 15.97 feet to the w t' right of S of State Read 1341; theats 5 18-15 W a..:' -,,o *_ the west Lira of S. R- 1341 271.72 feat to the Pcm cr Ba Rwm; ttresa from said Point of hegiza,ing H 77-25-18 W 232.02 feet to Mddns Creek; thentmm wrdn tm high water mark of Mekias Caeek N Z5-14-5a E 66.75 feet:' thence cantimis witb the high water mark N 22-36-45 W 44.71 feet to a Point; thence S 85-18-41 E 253.03 feet to the west line of State Bcad 1341; the with the west iim of State Foad 1341 5 18-15 W 3.35.86 feet to the Palm" CF BEGCSIIRG; area being shwa m a auvv pKepered fw talks c_ Dmn= by Pomall SLrveyi . Canpaoy, dated Cttob3 1. 19M4, and to imlw'e any and all riparian a2 . Jitbara1 awl' lts ;,••:•�,� is tine shwa descahad.smonises. ®®K (9& PAGE d � Il3e RAGE -' RECEIVED OCT 21 2019 DCM-MHD CITY CARTERET COUNTY 2455e 13/07,7005 $120.00 Reel Estate °ONA Excise Tez 1 Melanie ArthUT 3P CARTERET COUNTY PH Date 10/07/PO05 Time 08:5106 GR 11,360OR Pnna 1. of 3 NORTH CARW INA, CARTERET COUNTY Ties Insbeent and Ws ceraTlcete ere duly sled attire deb and ame and In the Book and Papa ¢norm on Me firt page hereof. M a A Replsbr of Deeds By M \Crun rim seiseeor Pmccl #7336.03.13.9723 Excisc Tax S120.00 File No. 9741=P-I.X NORTH CAROLINA GENERAL WARRANTY DEED This DEED made this the day of September, 2005, by and between PAUL It DOWNUM, with joinder of spouse, A1.10E DOWNUM, hereinafter "Grantor" and THOMAS TRIPP AND WIFE, JEAN MEREDITH-TRIPP, P.O. Box 1915, Orleans, MA 02653, hereinafter "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Straits Township, Carteret County, North Carolina and more particularly described as follows: See attached Exhibit "A" TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove is subject to the following exceptions: 1. Restrictive Covenants of record. Public utility easements of record B.pp,K 1 L. -e --- PAGE-a-----,!�r RECEIVED OCT 21 2019 DCM-MHD CITY IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. (SEAL) DOVaJUNS (SEAL) ALICE DOWNUM STATE OF Uo{m (Q gjjt�C COUNTY OF �`nhi'Ceyi C�)nckA 4, p, '?CLin\\ , a Notary Public of the aforesaid County and State, do hereby certify that PAUL IL DOWNUM AND WIFE, ALICE DOWNUM personally came before m5,t11is.d.0 and acknowledged the due execution of the foregoing instrument P`p A BFC CXko\iw and and official stamp,or seal, this the O ,dny ofi3cpkeaba; 2005. 1l -! 1, i NOTARY RJBLIC My F:\MSOfficeWocuments\DEEDS\tripp deed from downum.DOC BOOK L2S PAGE: a _ RECEIVED OCT $1 2019 DCM-MHD CITY EXHIBIT "A" Begilhning at a Faint on tite West riot of trap of State Peed 1-141 ttam _.., mint is also Iaated the following courses and dss,ances tnm tine taint of rota--- c ica Of the canter' lines of State Pcads 1:,:35 and State Ibed 134l: F said int»' of the canter Lines of State Fond 1335 and State Faad 1341 and --- ..+q elatcj the center line Of State F4ad M41 8n a soutdaaraterly direction 596.43 feet to a ioint on the center 1, Of State Road 1341. theme S 88-11-55 W and .1 .01 the cents lino of a Calvert lying t>aeir State Prad 1341 a distaxnrs of 1.47 feet to the w<st r ght of .ray Of State Prad 1341; then,, S 18-15 W and wj _^. the vevt lira of S. FL1341271.72 feet to the pa= OF h theme `ten said Point of begin l- A 77-25-10 W 232.02 feat to Mdass (7e-e tlec>ce with t+nn high Crater nark of Makin weak N 25-14-58 E 66.75 feet; thtaxe con;ity:,•n wYt the high "ater mark N 22-36-45 W 44.71 fit tc a Faint; tl� S 85-18-41 E 259,03, feet to the West line of State Pcad 1341; thence wi'3n the r t line of State Pmd 1341 S 18-15 W 135.86 feet to ,be P732iT Cr B'EGLanaC; and being shorn On sav¢y F=e a1 for Nellie G game ]a. Paell St OJing liCcmp"iraal dated October 1. 1"4, and tc include any and all riparian and jt R ixr t Dtbtine a de I=lb d a bil B(0}t, I13(- R4GE ate.. RECEIVED OCT 21 2019 DCM-MHD CITY Melanie Arthur 5P CARTERET COUNTY MA Data 07/07/2006 Tie. 15r19:00 OR 1179R75 page I of 5 NORTH CANOUW, CNrTEREr COUNTY Tids trutrummd and ft conficale w duly Asa at me new eM time end m are Ono, and page sMwn on me firs: P ate nereol. NORTH CAROLINA TRI-PARTY AGREEMENT CARTERET COUNTY PrcPmed by Nouns Lour bsrm. PLLC J�u�lyyoe, THIS AGREEIv1Qd'f made and entered int� o this the day of Tk2006, by the CARTERET COUNTY HEALTH DEPARTMENT, hereinafter known H the "Depatment"; MURDOCH AND ASSOCIATES, INC, and THOMAS TWPP AND JEAN MERIDITH TRIPP hereinafter known as the "Developer"; and the STRAITS POINT ROAD OWNERS' ASSOCIATION, INC., an incorporated non-profit owners association, hereinafter known as the "Association"'i WITNESSETH The Developer is the owner of certain lands lying in Straits Township, Carteret County more particularly described m '"Inct 1, 2 and 3" described on that survey, entitled 'Harris and Dosvmtm Property" by Stroud Eogincering, as revised 06-02-06 and as also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry, beremal er "Plat", in which Tract 1 is identified as "William Dowmtm", Tract 2 as "Paul Downum", and Tract 3 as "James Harris". The Developer desires to ConsWet one waste collection, treatment and disposal system to provide waatevesa disposal to serve the three lots on said lads. The system is located on the area ofTraet 3 identified as"Proposed Sanitary Sewer Area" and is as shown on the Pig. The Developer has obtained easements as shown on the Plats to service the treatment plant end to provide for the placement of lines. The Developer has applied to the Department for the issuance of permits pursuant to G.S. 130A-336 and 13OA-137 w construct, maintain, and operate a wanewa[er collection, treatment and disposal system. The Developer bas developed the subdivision accordance with all applicable local ordmances BOQK / (7-q PAGE 0` , RECEIVED OCT 21 2019 DCM-MHD The Developer has formed the STRAITS POINT ROAD OWNER'S ASSOCIATION, INC., an incorporated non-pmfn owners associatire, for the purpose, among others, of handling the affairs, and business of the subdivision; of operating, maintaining, and repairing the wastewmer collection, treatment and disposal system; and of collecting dues and assessments to provide funds for such operation, maintenance, and repair and a copy of the Articles of Incorporation are attached to this document as Exhibit A. All parties desire to assure that the wastewater collection, treatment and disposal system of for Tram 12 and 3, are properly constructed, maintained, operated, and repaired in accordance with lawn, miss, and permit conditions in order to protect the public health, the quality of the waters of the state and the public interest therein. NOW, THEREFORE, for and m consideration of the premises and the benefit to be derived by each of the parties hereto, the Department, the Developer, and the Association do hereby mutually agree as follows: 1. The Developer shall coittmct the wastewater collection, treatment and disposal system in accordance with the permit, applicable rules, and plans and specifications hereafter issued and approved by the Depatmem; and shall thereafter properly operate, maintain, and repair such systems in accordance with applicable permit provisions, rules, and laws until the entire system has been transferred to the Association. 2. The Developer shall not transfer ownership of the wastewater collection, treatment and disposal system to the Association until the system has been inspected, permitted, and determined to be operating in accordance with applicable rules and permit conditions. 3. The Association, after transfer of ownership of the wastewater collection, treatment and disposal system to it by the Developer shall thereafter properly maintain, operate, and repair the system in accordance with laws, rules and the conditions of the permit. The Association shall levy and collect the assessments provided for in its bylaws, including special or additional assessments; and, in the event the the sum realized by the levy of such assessment shall not be adequate to maintain, operate, and repair each system as required by laws and conditions of the permit, the Association shall take such action as is necessary to secure funds for such purposes. 4. The Association, in its duly filed bylaws, shall identify the entire wastewater collection, treatment and disposal system as a common use area, although the area will be owned collectively by the 3 lot owners, which will receive the highest priority for expenditures by the Association, except for Federal, State, and local taxes and insurance. 5. The Association, upon dissohdion, shall provide ter the continued proper operation, maintenance, and repay of each wastewater collection, treatment and disposal system 6. The Association, except upon dissolution, shall net transfer, convey, assign, or otherwise relinquish or release its responsibility for the operation, maintenance, and repair of it wastewater collection, treatment and disposal systems. BOOK! M1 lsMaL�� RECEIVED OCT 21 Z019 DCM-MHD CITY 3 7. A copy of this agmernem and the Articles Of Incorporation attached, as Exhibit A shall be filed with the Register of Deeds of Carteret County. IN WITNESS WHEREOF, this agreement was executed in triplicate originals by the duly naborized representative of the parries hereto on the day and year written as indicated by each of the parties named below. This the 3rd day of]dh7;, 2006. By Authority of the Carteret County Health Department: (SEAL) Health Director Carteret County Health Department STRAITS POINT ROAD OWNER'S ASSOCIATION, BY: QA.[a%C„) P I iC (SEAL) President MURDOCH & ASSOCIATES, INC. By: Q4,ZZ Z David Ray Murdoch, Jr. President l(SEAL) THOMAS TRIPP JEAN MERIDITH TRIPP Bt?tiF� I - F GIX RECEIVS r�:< OCT 21 DCM-MHi i CITY Melanie ArtNFERET COUNTY,4P MA Data 07/07/2006 Time 15:4900 OR 1179276 page 1 of 4 NORM CAROLINA, CARTERET COUNTY This Insimment and Iris conincaie arc dolt' also a`' Me date and time and in die O,ok Old Pe90 -—n In the hnl page h%e0i. ,d .4n:111l. R is ICto.-..` PREPARED BY: HARRIS LAW FRiM, PLLC NORTH CAR01INA ) NON EXCLUSIVE EASEMENT (SEWER SUPPLY LINE AND DISPOSAL AREA) CARTERET COUNTY ) July THIS EASEMENT is trade and entered into this 3ra day of kaii, 2006, by and between MURDOCH AND ASSOCIATES, INC., and THOMAS TRIPP AND JEAN MERIDITH TRIPP, (hereinafter, "Developer"), and all future owners owner of certain lands lying in Straits Township, Carteret County more particularly described as "Tract 1, 2 and 3" described on that survey entitled "Harris and Downum Property" by Stroud Engineering, as revised 06-02-06 and as also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry, hereinafter "Plat", in which Tract I is identified as "William Dowmnm", Tract 2 as "Paul Downue, and Tract 3 as "James Harris" (hereinafter "Owners", ). MURDOCH AND ASSOCIATES, INC., and THOMAS TRIPP AND JEAN MERiD1TH TRIPP, arc the owners of certain lards lying in Straits Township, Carteret County more particularly described ae "Tract 1, 2 and 3" described on that survey entitled "Harris add Downturn Property" by Stroud Engineering as revised 06-02-06 and as also shown on that Map recorded in Map Book 30, page 991, Carteret County Registry,. hereinafter "Plat", in which Tract I is identified as "William Dowrmm", Tract 2 as "Paul Dowram", and Tract 3 as "James Hams", (hereinafter"Property") The Developer has proposed a joint septic\aa vcr system, which will serve the property, and such system has been approved by the �tertt Departrne it and is subject m a Tri-Party Ageement Recorded in Book I Ij _ in pug Cartem Couny Registry. This document is given to create the easement for the supply line tankage, pretreatment system disposal and repair area to service the Sanity Sewer system as approved. ) Utility aasaaent-strait_ � I �� 1> Alt Page I of 4 RECEIVED OCT 21 2019 DCM-MHD CITY i- TERMS OF EASEMENT NOW, THEREFORE, for good and valuable conaderstion, receipt whereof .is hereby acknowledge, Developer dm hereby, for themselves, their hefts, successors and assigns, grant unto Owners, theirheirs, successors and assigns, a non exclusive easements as follows: 1. SewerT is,. F.mn,mi: A perpetual, non-arclusive 10-foot wide casement for installation and maintenance of sewer supply lines over property described as follows: Being a 10-font wide easement partially adjacent to N.C.S.R 1341, and being more particularly identified as "10' Easement for Supply Line" as shown on that survey map entitled "Tract 1, 2 and 3" on that survey entitled "Harris and Downum Property" by Stroud Engineering, as revised 06-02-06, which is incorporated herein by reference for a more particularly description of the easement area and more particularly described as follows: BEGINNING at the southeast comer of that property conveyed to Pail Downum in Deed Book 509, Page 164, Carteret County Registry, thence from said point and place of beginning so located, N 87-38-23 W, 10.29' to a point; thence N 15-55-I8 E, 13456' to a point; thence N 85-52-13 E, 36.28' to a point; thence N 17-32-30 E, 27.16' to a point; thence S 80-59-25 E, 225.14' to a point; thence N 12-06-00 E, 47.63' to a point; thence S 77-54-00 E, 10.00' to point; thence S 12-06-00 W, 57.10' to a point; thence N 80-59-25 W, 226,00' to an existing iron rod; thence S 17-32-30 W, 25.34' to a point thence S 85- 52-13 W, 36.08' to a point; thence S 15-55-19 W, 125.167 to the point and place of beginning. 2, Fa.mmt for Sanitary Sam„ Supply T me Tankage Pretreatment Spftm Disposal and Reps & r orro• A perpetual and exclusive easement, (subject, however, to termination as hereinafter provided), for hatallmion and maintenance of a Sanitary Sewer System over the following described property. AS of that area described as "Proposed Sanitary Sewer Disposal Area" as shown on that Map recorded in Map Book 30, page 991, Carteret County Registry and Mon particulatry described as follows: BEGINNING at a pone located S 80-59-25 E, 245.92' from an existing iron rod located in the northwest corner of that property now or formerly owned by James Harris as shown in Deed Book 712 Page 129, Carteret County Registry, thence from said point and place of beginning S 80-59-25 E, 150.22' to a point; thence S 12-06-00 W, 100.34' to a point; thence N 80-59-25 W, 80.12' to a point; thence N 12- 06-00 E, 43.30' to a point; thence N 77-54-00 W, 70' to a point; thence N 12-06-00 E, 53.26' to the point and place of beginning. 3. Fasemeats R,m with T and: The easement rights herein shall ma with the property, as described above, subject to the termination provisions described below. 4, Thee ofPro r;y: The aforesaid portion of the wastewater disposal area is hereby restricted, as to use (until taunt ation as hereinafter provided), for a wastewater treatment mud disposal system as set out herein. utility Easement -Strap is Point e�r�t•� • r L.� Y'r '�" ` y Page 2 of 4 RECEIVED OCT 21 2019 DCM-MHD CITY 5- Tenninwinn: bi.the event, that public or private sewer shall become available to all of the property, or in the event that all of the property shall be approved by appropriate authorities for on - site septic tank sewage disposal, than the owners of said property shag be obligated to hook up to such sewer system or to utilize on -she septic tank sewage disposal as the case may be Said owners rights and easements hereunder shag temdnate upon connection to the approved septic tank or public ex private sewer system. & Tnrea: From an after the date of recordation of this easement and until termination as above provided for, the ovvner of that property idemi6ed as Lot 3 shall be responsible for any ad valorem taxes attributable to the disposal area easement, 7. M,a riwnanri: STRAITS POINT ROAD OWNERS' ASSOCIATION, INC., an incorporated non-profit owners association consisting of all owners of the property shag be responsible for reasonable maintenance on the properly which has the disposal area easement/ and supply be easement. S. T,++ Ridin The terms of this easement shall be binding upon, shall insure to the benefit, and shag be enforceable by, Grantor and Grantee, their heirs, successors and assigns. IN WITNESS WHEREOF, Developer has hereunto set their hand and seals the day and year first above written. MURDOCH & ASSOCIATES, INC By�-urA David Ray Murdoch, Jr. President STATE OF NORTH CAROLINA COUNTY OF CARTERET 1, Denise r.evis a Notary Public of the aforesaid County and State, do hereby certify that David Ray Murdoch, Jr, personally came before me this day and acknowledged that he is the President of MURDOCH & ASSOCIATES, INC., and that by authority duty given and as the act of the corporation, the foregoing instrument was signed in its name by him as President. WITNESS my hand and official sta p or seal this the th day of yapsQ , 200ti. DENISE LEWIS Vial O NOTARY PUBLIC NOTAI Y PUBLIC CAAIOTA COUIfIY, N.0 Denise Levis Printed or Typed Name of Notary Public My Commission Expires: October 30,n20010 _ e p ��. Utility daseaent-Straits P lnt PA ", Page 3 of 4 RECEIVED OCT 21 Z019 DCM-MHD CITY (SEAL),. THOMAS TRIPP (SEAL') LEAN h1ERIDITH TRLPP STATE OF 1I QS.S COUNTY OF ^ !IY I, rr V n }�1(� �lllY1" * J , a Notary Public of the aforesaid County and State, do h�rxrtify that THOMAS TRIPP AND JEAN MERIDDrM TRIPP personally came before me this day and acknowledged the due execution of the foregoing instrument. J ul WITNESS my hand and official stamp or seal, this the _ day of Jane, 2 06. I OTARY PUBLIC My Commission Expires: CYNYHIA a. CUNN1 rf•,' Crre .� Notary Pu61k e- - ••• eommomvealth of Mauarharolls r'7 My Commhilen L*m May 17, 2013 F:V&OILmWa:mnaa+lllOCblre rde tdm Utillty Easement-5traits Point Page 4 of 4 RECEwo OCT 21 1)1;19' DCM-MHD CITY N NORTH CAF" P1A, CARTERET COUNTY This Inebunart srd this eerdficete are dWf filed at it* date and IMw erld In On Booms Pape Wwsm an the first page hereo. \ I I mg6upurr. PA+w a o TREATMENT EQUIPMENT DISCLOSURE Harris Lew Finn pLLC P.O. Box 712 Property Physical Address: Tracts 1, 2, & 3, Struts Point Road Straits Township 304 North 35th Street Legal Description -PIDN: 1 33 A 03 d 3 39Li5 nenrehead City, NC 20557 State of North Carolina, County of Carteret The Owner, Straits Point Road Owners' Association, Inc., owns or controls the property upon which a ground absorption sewage treatment system (hereinafter "system") is installed, such system being designated a Type V, Treatment Standard II, system under the Rules for Sanitary Sewage Collection, Treatment and Disposal found at 15A N. C. administrative Code 1SA. 1900. The Environmental Management Commission adopts rules governing the operation and maintenance of innovative wastewater systems approved and permitted under Subsection (a) of Section 130A-343 of the General Statutes of North Carolina to protect the public health and environment. The implementing code, ISA N.C. Administrative Code I SA.1961, requires a contract to be executed between the system owner and a management entity prior to the issuance of an Operation Permit for the Treatment System and shall be in effect for as long as the system is in use. The AdvanTex® Treatment System Dealer, AQWA Inc., the management entity for the system, requires that the Inspection and Maintenance Agreement be in place for as long as the AdvanTex® Treatment System equipment is in use. An Inspection and Maintenance Agreement for the system and associated equipment must be in place for the first three years of operation in order to maintain the manufacturer's warranty on the equipment. Discontinuance of the Inspection and Maintenance Agreement places the system and equipment out of service, which places the equipment in noncompliance with any and all expressed or implied warranty agreements. Inspection and maintenance of the system must be performed by a service. provider trained and Authorized by the AdvanTex® Treatment System Equipment Dealer, AQ WA, Inc., to service the equipment. The Equipment Dealer will provide for inspection and maintenance services. The Inspection and Maintenance Agreement shall have a minimum of one inspection visit per year, but shall include all necessary visits to meet conditions or requirements of the State of North Carolina. If the system is placed out of service, the local health Department may be notified and an Out of Service Notification recorded by the Equipment Dealer or Authorized Service Provider. The Equipment Dealer or Authorized Service Provider shall have the authority to record an Out of Service Notification on the property deed, remove this document from the property deed when the equipment is removed from the property, place the system out of service for non-payment of fees or denial of reasonable access to the system for the purpose of inspection and maintenance by the Authorized Service Provider, and release any system information to mortgage, title and insurance companies, or regulatory agencies. 1300K PAGE 32-1 RECEIVED OCT 21 2C19 X, DCM-MHD CITY Telephone line installation said service shall be completed prior to the start-up inspection by the Health Department, and discontinuance of telephone servicelaccess places the system and equipment out of service This document will be Sled by the property owner with the deed of the property upon installation of the equipment. This agreement is binding upon subsequent owner as long as the equipment is in operation and shall be disclosed at property transfers by the Owner. Owner's Signature or Authorized Representative: 06,&o e -L--VkUXZ 2, M-u> Q,=,(A Pe cs -s o Signature Printed Name, Title I Date STATEOFNorth Carolina COUNTY OF Carteret I, _Lucy > . Dean a Notary Public of the County and State aforesaid, certify that David R - Murdoch Authorized Representative for Straits Point Road Owners' Association, Inc., personally came before me, this day and acknowledged the due execution of the foregoing document for the purposes therein expressed. WITNESS my Hand and Seal, this 5 t h day of June MEN ./ ./ . , 9/21/08 Commission Expires 2007. SEAL �Y E. U ...:.,. NOTARY PUBLIC U 600K 1- �?� HA,�.jE 32,I RECEI��.C� ®CM"MH®�Ifi'� OFFER TO PURCHASE AND CONTRACT - VACANT LOTMAND EDDY WYERS [Consult "Guidelines" (forth 12G) for guidance in completing this form] RF 1L ESTATE NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to .subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract -New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, tsuyer otters to purchase son aeuer upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each tern. (a) "Seller": Paul M Tripp Maria F Tripp (b) "Buyer": Dale Robert Minge, Diane Louise Mirage (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A1 I-T) with this offer. Street Address: 270 Straits Point Rd City: Beaufort Zip: 28516 County: Carteret , North Carolina NOTE: Governmental authority over tares, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference :Lot/Unit TR 2 , Block/Section , Subdivision/Condominium Downum as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 733603139723000 Other description: TRACT 2 Nellie Downum Property or Downum - Harris Property Some or all of the Property may be described in Deed Book 30 at Page 991 (d) "Purchase Price" $ 47,000.00 paid in U.S. Dollars upon the following terms: $ n/a BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 1,000.00 BY INITL4I, EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash X personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHERL] with this offer OR X❑ within five (5) days of the Effective Date of this Contract $ n/a BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by cash, official bank check, wive transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. $ n/a BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum,(Standard Form 2A6-T). $ n/a BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ 46,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Page 1 of 12 ®This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Association Revised 7/2019 FF LTOR. North Carolina �A(,/qo iation of REALTO p,%c{.. °S ,. C 7/2019 Buyer i ' (� Seller initial I A I fi mr- F-Iuet) Eddy Myer Rm&wy 1 e R Pho.:(152)'13&1310 F. u5n 72&5 270 anJls Pell Lea",e Meadesn Pratlum0 win vpFwmS by xipL00u 18070 Fifteen Mde Road, Fmser, Mlc fwn 4W2e w ZJo Mix.mm ocT 21 ZU14 ®CM-MND CITY Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller. The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property. It is acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Eddy Myers Real Estate NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker (`Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if my, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to decry the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. Q) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on November 29, 2019 TIME BEING OF THE ESSENCE Page 2 of 12 os os STANDRM 12-T RECEI ed 7/2019 Buy ' '� Seller nitial Pk C72019 Fwmabyzylnp'a Mltlg.48026 mrw wLad yam 2"Str bPm"r W 21 Zg"9 DCM-MHD CITY 2. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on December 5 2019 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9 (Delay in SPttlrm ant/Clnsinal. WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addrtion to so vatorem taxes ana recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Sellers respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 5(k). BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct au desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: Page 3 of 12 Z14--lil- STANDARD FORM 12-T �F�y tsed 7/2019 Buyer' tialos Seller initials RF—cF—l�iGt✓ 07/2019 ced wllhdpFarm® by zlpl-agix 1 W70 Fdaen Mlle Road, Fraser, Miclgen 46026--- z nLaaM&Qm 270 Steih Paiet OCT 21 Z919 DCM-MHt) CITY (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv)'Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (A) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the streettroad upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (xi) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C, licensed professional performing reasonable 'appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Eamest Money Deposit shall be refunded to Buyer. Page 4 of 12 os CIS os STANDARD FORM 12-T Revised 7/2019 Buyer ' iti Seller n tial © 7/2019 duvred wl oo00by21pLWN II IOMge 4902a v 710Lavir.com 270 ahcrb F.W (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does X❑ does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). NOTE: Buyer's obligation under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ DOES X❑ DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete the fallowing only if Buyer DOES have to sell or lease other real property:) Other Property Address: ❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may mark out any confidential btformation, such as the purchase price and the buyer's identity, prior to providing a copy of the contract to Seller) Failure to�provide a copy of the contract shall not prevent this offer from becoming a binding contract-, however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. ❑ (Check if applicable) Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the following options): is listed with and actively marketed by a licensed real estate broker. will be listed with and actively marketed by a licensed real estate broker. Buyer is attempting to sell/lease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's xnowiecge, mere are no omer circumsumuuc ui conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as maybe specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (it) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's leader(s), the parties' real estate agent(s) and closing attomey:(1) to provide this Contract to any appraiser employed by Buyer or by Buyer's leader(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). Page 5 of 12 os �LI-E�ioigan48O26 os STANDARD FORM 12-T AtiRECEIV sed 7/2019 Buyer ' 'tin Sellerinitials C 7/2019 wiz1pFa0n®q'zlpl gk www zIDLo0lx wm 270 Str ft Pant OCT 21 2019 DCM-MHD CITY 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are X❑ are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: Seller warrants that there are ❑X are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ❑ does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-7) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract (d) Sewage System Permit: ( X❑Applicable Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (E] Applicable X❑Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July1,2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there maybe withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (u) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. Page 6 of 12 °S D5 °a �ECE,STANDARDFORMI2-T p P4'ffU Revived 7/2019 Buyer i�ti Seller initial f n(fi �fi ® 7/2019 Dime by ilpLnp Mlchigen 46a26 wvnvw oo� ,3]�$ 6 Pm. OCT 2 Z 1 DCM-MHD CITY (d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or clam arising there from. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated aLien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seiler shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Dale Robert Mince and Diane Louise Mince (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S a/a toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. Q) Owners' Association Fees/Charges; Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under. paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the .Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If Page 7 of 12 RECEIVED os os os STANDARD FORM 12-T p OCT 21 2o4vised7/2019 Buyer ' ' Seller initial ffi ® 7/2019 PmduceC zlPF.0 by zlpWg, t, MIrlogzn 48MB vMw zloLoarc ram 2W straits Point DCM-MHD CITY legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated, with Seller responsible for the prorated amounts through the date of Settlement, and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. RISK OF LOSSICONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. If the Property is not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer may terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Property is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non - Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 10. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 11. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. ,Additional Provisions Addendum (Form 2A11-T) ❑ Owners' Association Disclosure And Addendum For Additional Signatures Addendum (Form 3-T) Properties Exempt from Residential Property Disclosure Back -Up Contract Addendum (Form 2A1-T) Statement (Form 2Al2-T) Loan Assumption Addendum (Form 2A6-T) B Seller Financing Addendum (Form 2A5-T) Short Sale Addendum (Form 2AI4-T) ❑ Identify other attorney or party drafted addenda: n/a NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 12. ASSIGNMENTS: This Contract may not be assigned without the written consent or au parties except in connection wain a tax -deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13, TAX -DEFERRED EXCHANGE: in the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional Page 8 of 12 as p os os Buyer i ' ' Seller initials f fi WT orm®brvpinpbt Mloi,.n 48MB 1%EGENEWANDARD FORM 12-T Revised 7/2019 C 7/2019 DGM"MHD . STY documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 14. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 16. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any Gating agreement, buyer agency agreement, or any other agency agreement between them. 17. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such party's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counter offer. 18. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 19. COMPUTATION OF DAYS/TIIVIE OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall 've Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 2,13 19 / Date: oo"slanedby: 8/25/2019 Buyer Q e46 Seller nni 1�r�1 fiyroo Dale Robert Minge Pipaii4D2... 8/25/2019 Date: oboe"ual' ned by: Date: a«uaipned by. Buyer �.[riri" 8/29/2019 Seller AAnyin oo q�9d5Sa�dd1$? �§f!e>Snb'affBBaaoF... Entity Buyer: Entity Seller: CNameofLLC/Corporation/Partnership/rrust/etc.) (Name ofLLC/Corporation/PartnershipiTrustletc.) By: By: Name: Name: Title: Title: Date: Date: Page 9 of 12 RMW { FORM 12-T evised 7/2019 © 72019 Produced wilh zipfwm® by api-og4 18070 Fifteen Mlle Road, Fraser, M"llien 48028 w zloLooix.r O C T VIM DCM-MHD CITY WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS, IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY TIM CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. _ WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. [THIS SPACE INTENTIONALLY LEFT BLANK] RECEIVE® ov %i ZO DCM•MHn CITY ?ago 10 of 12 0° D3 °s STANDARD FORM 12-T (�/2 3`% 7 Revised 7/2019 ® 7/2019 PmducedW(hzlpFam0byzipLG&18070 Fifteen Mlle Road. Fm5w. Mltldgen 4026 w ,7l0Loolxmm Z"BtNLL Point NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax#: Buyer E-mail: SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Edd M ers Real Estate Acting as ❑ Buyer's Agent Seller's(sub)Agent A Dual Agent Firm License#: Mailing Address: PO Boa 389, Beaufort, NC 28516 Individual Selling Agent: C Lenore Meadows ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License#: 235112 Selling Agent Phone#: (252)723-1826 Selling Agent Fax#: (252)728-5005 Selling Agent E-mail: lenore@eddymyers.com Listing Finn Name: Eddy Myers Real Estate Acting as ❑ SellerX's Agent Dual Agent Finn License#: Mailing Address: PO BOX 389, Beaufort, NC 28516 Individual Listing Agent: C Lenore Meadows ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License#: 235112 Listing Agent Phone#: (252)723-1826 Listing Agent Fax#: (252)728-5005 Listing Agent E-mail: Ienore(4eddymyers.com [THIS SPACE INTENTIONALLY LEFT BLANK] Page I I of 12 Pmduod with ilpFo by zipLogb 18W0 Eileen Mlle Road, Fraser, Mlc iW 48026 www.zi"L"oix , RECENED 00 21 ZW9 DCM.MHD CITY STANDARD FORM 12-T Revised 7/2019 C 7/2019 matrJb Poore ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Paul M Tripp, Maria F Tripp ("Seller") Buyer: Dale Robert Minge, Diane Louise Minge ("Buyer") Property Address: 270 Straits Point Rd, Beaufort, NC 25516 ("Property") LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to PurchaseandContract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges. Date: Firm: Eddy Myers Real Estate By: (Signature) C Lenore Meadows (Print name) ------------------------------------------------------------------------------------------- ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) Paul M Tripp Date: Seller: (Signature) - Maria F Tripp ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller fqr the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ Escrow Agent as identified in Paragraph I(f) of the Offer to Purchase and Contract hereby acknowledges recei-pT of the Initial Earnest Money Deposit and agrees to hold and disburT the s me in accordance with the terns of the Offer to Purchase and Contract. Date: Firm: /' EddyMyers Real Estate �1 By: tAA�tA (Signature) G . (Print name) -------------------------------------- 7---------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contact hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract Date: Time: AM. ❑ PM Firm: Eddy Myers Real Estate By: (Signature) Page 12 of 12 (Print name) STANDARD FORM 12-T RECEIVED Revised7/2019 0712019 PmC with zipFama by zlpL & WO Ffi"en Mlle Read, Fraser, MlC gan 4 15 yga(,gi==r j]p $¢Yh?,,W DCM-MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00168 County: Carteret Counri U.S.G.S. Quad: Harkers Island Applicant: Size (acres) Nearest Waterway USGS HUC NOTIFICATION OF JURISDICTIONAL DETERNIINATION Paul M. Trion 115 Sorine Meadow Drive Blufton, SC 29910 0_42 Core Sound 03020301 .°rar- Agent '+kLenore m ea Eddy Myers Real Estate 131 Middle Lane Beaufort NC 28516 Nearest Town Harkers Island River Basin Onslow Bav Coordinates Latitude: 34.7249361054101 Longitude:-76.5635760665482 Location description: Property is an undeveloped lot located 0.43 miles south of the intersection of Harkers Island Road and Straits Point Road. Property is on the west side of Straits Point Road, Beaufort, North Carolina. Property backs up to canal that Bows into the Atlantic Intracoastal Waterway, Indicate Which of the Followin¢ Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As tsl``dtarylfot be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. OCT 2 1 Z 019 DCM-MHD CITY _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on January 8, 2018. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Caoito at (910)-251-4487 or Rachel.A.CaoitoQusace.armv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Atlantic and Gulf Coastal Supplement. The wetlands on -site directly abut or are influenced by a tidal ditch to the Atlantic Intracoastal Waterway, a Section 10 Navigable Water subject to the ebb and flow of the tide. Site visit by Rachel Capito and Thomas Charles February 16, 2017. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 RECEIVED OCT 21 ?019 DCM- No c" In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 10, 2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.RACHEL.ANN. DDN:'`r'U5.=U& �"P,'TMW� �D,.=PW, ° 1536276790 ou=USA, cnx PMMCNELANN.1536D6M Corps Regulatory Official: Wte:201 8.01.09119 14 o5'M' Date: January 8.2018 Expiration Date: January 8, 2023 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hhtt :Hcorpsmapu usace.army.mil/cm apex/Pr)=136:4:0. RECEIVED OCT 21 2019 DCM-MI4t) 01TY NOTIFICATION OF A'DMINiSTRA'nVE APPEAL OPTIONS AND PROCESS AND REQ1JES P.,ry it - Applicant: Eddy Myers Real Estate File Number: SAW-2017-00168 Date: January 8, 2018 Lenore Meadows Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/fiuictions/ew/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the forth to the division engineer. m a received by �� the division engineer within 60 days of the date of this notice. O C T 21 ?"19 DCM-MHD C1TY E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT RLASOIyS FOR APPL:IL OR Ol3TLCTIOAS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Rachel Capita CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room IOM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o rtuni to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone:(404) 562-5137 ou DGM--M14P SIT`/ property line jj'�� ac, •, ,ee.e ,.e �.,e,s .V wee a �e De D r� 000 ee JD D e a1100aue �i eq0 a�rY existing telephone pole =1/ Driveway will be contained by a 6" retaining wall at a depth appropriate to protect q wetlands and waters of US from possible gravel edge sluffing. Minge Cottage Driveway detail f w/wetland protections) View from road a3, OCT 21 2019 .Zj Dale and Diane Minge 270 Straits. Road, Beaufort NC Cottage and dock project For; CAMA Major application 0 0 (to top of road within wetlar waters of US) Fz T C• o�p' g-e s4' Trc,cL T•' Se var li/Ib Kam)