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HomeMy WebLinkAboutCasB_10-02_ CaswellV3-ZZ-�Z-Z WiRO for AMW 10.02 Caswell Beach Permit Number CAMA MINOR DEVELOPMENT i -� PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to the Town of Caswell Beach, c/o Chuck Seenes, authorizing development in the Ocean Hazard (AEC) at the 800 block of Caswell Beach Road (the Tom Hess public access), in Caswell Beach, Brunswick County, as requested in the permittee's application, dated May 24, 2010. This permit, issued on July 7, 2010, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the construction of a 12' in length by 12' in width elevated, unroofed, wooden platform. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on May 24, 2010. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at (910) 796-7215 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This An permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project Heather Coats modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: Division of Coastal Management RECEIVED 127 Cardinal Drive Extension JUNE 26, 2014 J In ton, NC 28405 In issuing this permit it is agreed that this project is consistent with the local Land UL ' 2010 �— Use Plan and all applicable ordinances. This permit may not be transferred to ,.a—, without tha written aooroval of the Division o6.,-GQastak/1I nAlK1.1-T^K Name: Town of Caswell Beach Minor Permit # 10-02 Date: July 7, 2010 Page 2 (5) The platform must be located landward of the surveyed static vegetation line. (6) Dune disturbances will be allowed only to the extent necessary for development (i.e. driving of pilings) and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (7) The platform shall be constructed on raised posts or pilings of five feet or less in depth, so that only the posts or pilings touch the frontal dunes without any alteration to the dunes. In no case shall the dune be altered so as to significantly diminish its capacity as a protective barrier against flooding and erosion. (8) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. SIGNATURE: r DATE: ~.N O PERMITTEE �► ~ • ♦ !;,i :�♦♦ �.+r cHAR�-- /Z,1- �o S m: . ca . rr C) ••. ��. ,�� �'4,2 ONA -..♦♦% Locality �''��� >✓� Permit Number Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER Name e2Z41,v ©r 6" C --h4 Address 110O (WCLft2'1­ (3_0V4'-1^h ►240 City CM L4_ LZ (3ZNI-4_44 State &J L Zip Z Y VGU-- Phone g/0 ` 2??y — 4k1l AUTHORIZED AGENT Name ae-1 e� e ) (TT "VL.- f7 L L Address City State Zip LOCATION OF PROJEW: adjacent waterbody.) Phone s, street name and/or directions to site. If not oceanfront, what is the name of the LOC-1;- O /= ewu-MIL 13 e41CW /2.0 DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Rkj1y) rZ'�F IN (t L4 7'OM A P20'�L_ (�` w vet (5Y SO' 1-.c.v L V:1.v,7 0Y9 ✓> 12-x 2 0 &C IL . SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential (Single-family Multi -family ) Commercial/Industrial Other lq e_ s e—" -f TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVIRON- MENTAL CONCERN (AEC): (r" square feet (includes all floors and roof covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): square feet (Calculations includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc., that are within the applicable AEC. Attach your calculations with the project drawing .) Choose the AEC area that applies to your property: (1) within 75 feet of Normal High Water/Normal Water Level for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water/ Normal Water Level for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters (3) within 30 feet of Normal High Water/ Normal Water Level for the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? Hea-V ►*-r Goats 14 — ' 1 eta 4 Iq Lv- I y Q��f .APPLICATION FOR CAMAMINOR DEVELOPMENT PERMIT In 1974, the North Carolina General Assembly passed the Coastal Area Management Act and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to implement clear regulations that minimize the burden on the applicant. This application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort necessary from the applicant. Please go over this folder with the Local Permit Officer (LPO) for the locality in which you plan to build to be certain that you understand what information he or she needs. Under CAMA regulations, the minor permit is to be issued within 25 days once a complete application is in hand. Often less time is needed if the project is simple. The process generally takes about 18 days. You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A listing is included on page 2 of this folder. We appreciate your cooperation with the North Carolina Coastal Management Program and your willingness to build in a way that protects the resources of our beautiful and productive coast. Coastal Resources Commission Division of Coastal Management r M1 W1Lb INGTclN, Ni-. OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor develop- ment permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) _)�_an owner or record title, Title is vested in 51MPSw le k epw wT ! , see Deed Book page 3 YO in the p 12&A.;3 .,, tk County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. -&-if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) mo&,tL/ wlc Lr�w, �' oz 66A42tQ2 !I S►' MP'EeE,,_2 22�� (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: 1 acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND: [ furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to -nter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the )wnership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation )f any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This the _day of A&I , 20/_ SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS Label roads Label highways right-of-ways ✓ Label local setback lines ✓ Label any and all structures and driveways currently existing on property ✓ Label adjacent waterbody PHYSICAL CHARACTERISTICS ✓ Draw and label normal high water line (contact LPO for assistance) Draw location of on -site wastewater system If you will be working in the ocean hazard area: �L Draw and label dune ridges (include spot elevations) �L Draw and label toe of dunes ✓ Identify and locate first line of stable vegetation (contact LPO for assistance) Draw and label erosion setback line (contact LPO for assistance) Draw and label topographical features (optional) If you will be working in a coastal shoreline area: _ Show the roof overhang as a dotted line around the structure Draw and label landward limit of AEC -Al-*,/& Draw and label all wetland lines (contact LPO for assistance) _1S4Draw and label the 30-foot buffer line DEVELOPMENT PLANS ✓ Draw and label all proposed structures Draw and label areas that will be disturbed and/or landscaped ,_ Note size of piling and depth to be placed in ground g Draw and label all areas to be paved or graveled �L Show all areas to be disturbed ✓ Show landscaping NOTE TO APPLICANT Have you: • completed all blanks and/or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? • signed and dated the application? • enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? (Must be signed by the property owner) FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR. CAMA MINOR PERMITS I hereby certify that I oven property adjacent to 4 rY1 JJe.5 ,A Ck_[A (Name of Property Owner) property located at V 0 U LLOC_It 0.E 0, 1 wL +. (Address, Lot, Block, Road, etc.) Oil 7-Lid f in �i Gy/,.� c) 1!� 13 l , ,NC (Waterbody) (Town and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, :I have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) (I v 0 12 x ) 'Z- 1p e-r- ?-:� 6 N C-A-3 •T 5 l P e/ 6 rr L11 A W&L--+' I- I kgwlete Ita" i, 2, and 3, Also complete em 4 If RestrMWI, WIN" Is doslred. #rintyoyr name and addrase an the reverse that we caa return the Gard to you, mwh thin card to the bao� of the m4ptacs, it on the front It space permits. vWe Addwsea m: M , T-4V,I/ 2(� tom% u'►A+ S pa 04s. �-t Gifrrs w Lt fr ,4 c... d „ + w ceyy yyy� i'eci .1 I4�. Y�} AL a�yf�� c: D. is dtAiW address di bmat from itam t? If YES, enter delivery address WOW: Sipa.ure Print or Type Name Tel �,--Dhone N ur_-tb er 0 Agent CZ Addmeaea �- t.• i. tl k`. i''.i','�`, G. its or Nary , 0 Yes 0 No i (_ 8, SerAoa Type F[Cerdlled MWI t3Weao MCI CI Reelatl W Ratum RwApt for Me daridlae 0 Insured Md 0 C.O.D. a RwMc ad Dawson (Oda Feol Cl Yes ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that i own property adjacent to k_:dz-A 1. Is (!Name of Property Owner) property located at Wd o II (Address, Lot, Block, Road, etc.) on )97160 (Waterbody) (Town and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, I have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Signature Llf 14 LI)C.L-' t print o Type': rune ■ Complete kerns 1, 2, and S. Also complete item 4 p Restricted Delivery Is desired. ■ Print your narno and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maliploce, or on the frortt"If Apace pormka. t. ArtkJe �(✓(.!�%�v^�F. X . • 1��;7h u ,� o B. Recelved by (Pdatw NamV { C. Crate of WIN a Ia deivery drrarent tram Item T? CI � If M enter dellvwy addrew below: ❑ NO Coats: ;);' o,_" 1:' 0', 796? 3 &Z 07 Z. �' �' a Bwvkm Type caddied MW ❑ epmw Melt Lrl aegIMW r t8am Receipt atr tlww*Wnd ❑ Insured Mall C.ao, 4. Resided Crellvow7 (Oft r *Q p 1(ea _ .................... . 2. Article Nurntaur 7008 3230 0000 8399 7 564 (1tansfar• 6nm serWBa ate. PS Form 3811. February 2004 Dameatic Retum Rwdlot 104e.r VIA ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby Certify that I own property adjacent to (Name of Property Owner) property located at _ ad Q (Address, Lot, Block, Road, etc.) ou (Waterbody) (Town and/or County) NC He has described to me as shown in the attached application and project drawing(s), the development he is proposing a1 that location, and, I have no objections to his proposal. (APPLiCAT10N AND DRAWING OF PROPOSED DEN"Eq LOPME, NT ATTACHED) Signature l ess 6:. &r6w Print or Type N ue 1 e,iPP lone Number mate u have fly, I : being pro uQ re , 0ease 1,11i1rQ the Djvistori uf, (_,C;'_?r.;) Wilutii,ggt GPi, N� '' �tl FU .�C1 r ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR LAMA MINOR PERMITS 1 hereby certify that I own property adjacent to (Name of Property Owner) property located at_ Woe11 (Address, Lot, Bloch, Road, etc.) on 19 n n-j71C , in � .�, oI (Waterbody) (Torn and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and,1 have zoo objections to his proposal. (APPLICATION ,AND D1tAWfNG Of PROPOSED DEVELOPMENT ATTACHED) z->L To tosl 5119c' 615, L,v0• u1 w AM I . Complete {terns 1, 2, "S. Also Fomplete Item 41 Fid*cbad. Qel]Vay lq desired. Print your name and address on the reverse so that we Gan return the card to yac. Attach this card to the beck of the mailplece3, or on the front If space permits. Article Addreeped I= A. Signature B. Received Signawre Print or Type Name �J Tcleplj.one Nmnbe'r ❑ Agent d Adarossea (Pdntod Name) C. Date.of DelivWy .Yes f" l., r very eddna 13 No '317,13 A ❑ wee o Insured s 0 4. Restricted Delh erlll Oft FeW formerdwKilm U yes Beverly Eaves Perdue Governor June 15, 2010 Town of Caswell Beach c/o Chuck Seenes 1100 Caswell Beach Road Caswell Beach, NC 28465 XT5, �M NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED APPLICATION NUMBER- 10-02 PROJECT ADDRESS- 700 blk, Caswell Beach Road- Tom Hess access Dear Mr. Seenes: Dee Freeman Secretary We originally accepted your application under the impression that it was complete. On subsequent review, I have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1. Proof of notification of all adjacent property owners (in this case, Progress Energy and Edward Mitchell appear to be the appropriate property owners) and proof of notification of Caswell Beach Plantation, Inc. 2. A modified application listing the correct site address (the 400 block is listed as the project location). In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 32 days, as pursuant to NCGS 113A-121(b), the undersigned also hereby gives notice to the applicant that for good cause, and in order to properly consider all information necessary to making a decision on this permit application, the time period within which a final decision shall be made has been extended an additional twenty-five (25) days. Please contact me at (910) 796-7424 if you have any questions. Respectfully yours, 1Keather Coats Field Representative cc: Wilmington Files 127 Cardinal Drive Ext., Wilmington, NC 28405 NOrnni-eth NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director June 1, 2010 Wilmington.classified@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Town of Caswell Beach (Tom Hess walkway) MINOR Public Notice Kyle: Please publish the attached Notice in the Friday, June 4, 2010 issue. Dee Freemar Secretary The State Office of Budget and Management requires an original Affidavit of Publication prior tc payment for newspaper advertising. Please send the original affidavit of the published notice to Meliss, Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557 (252) 808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Division o: Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at oui Wilmington office. Sincerely, Shaun Simpson Permit Support Technician Enclosure cc: File Copy Michele Walker DCM 197 (nrrtinni nrivc Fvt Wilminntnn KIC WAnr% - One - — - . CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that or May 28, 2010, the Town of Caswell Beach applied for a CAMA Minor Permit to replace the Tom Hess walkway and add a deck within the 700 block of Caswell Beach Rd., adjacent to the Atlantic Ocean, in Caswell Beach, Brunswick County. The application may be inspected at the address below. Public comments received by June 19, 2010 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Heather Coats Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7424 .„� �.� ,® �. �' � , �, ... �� .. �. ,� ,, x 61 I PREPARED BY ROBERT K. SERRA NO OPINION OF TITLE RENDERED STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Brunswick COuntY--Register of Deeds Robert J. Robinson Inst #34955 Book 1353Page 904 01/13/2000 02:51pn ReC# EASEMENT AGREEMENT This Easement Agreement made this the 14i day of _�a 4 2�-t c�00 0 by and between Caswell Beach Plantation, Inc., a North Carolina Non - Profit Corporation HEREINAFTER CALLED GRANTOR and the Town of Caswell Beach, a North Carolina municipality existing under the laws of the state of North Carolina HEREINAFTER CALLED GRANTEE. WITNESSETH: WHEREAS, Grantor holds title to certain real property located in the Town of Caswell Beach lying south of Caswell Beach Road west of the CP&L canal and east of Oak Island Golf Course and being a portion of the property described in a deed recorded in Book 1128, Page 733 and a portion of the property described in a deed recorded in Book 1128, Page 727, Brunswick County Registry; and WHEREAS, Grantee is a municipality in the state of North Carolina which provides services to its residents; and WHEREAS, Grantee wishes to obtain from Grantor a non-exclusive easement over Grantor's ocean front property for the purpose of constructing and RCT ra-, TOTAL REV - L TC#� REC#®CK AVT,_ CK# Inst # 34955 Book 1353Page: 905 maintaining three (3) public beach access ways and one vehicular access way for emergency vehicles and town vehicles; and WHEREAS, Grantor has agreed to convey the desired easement to Grantee pursuant to the terms and conditions described herein. NOW THEREFORE, in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged Grantor hereby grants unto Grantee a non-exclusive Easement in gross for the purposes hereinafter described over and across all of that certain parcel of land lying in Brunswick County, North Carolina lying south of Caswell Beach Road right of way and being property more particularly described in Exhibit A attached hereto. TO HAVE AND TO HOLD said easement to Grantee subject to the following terms, conditions and reservations: 1. Grantee is hereby granted and conveyed the right to construct and/or maintain three (3) public beach access walkways each twenty-five (25) feet in width and each bounded on the north by the southern right of way line of Caswell Beach Road and on the south by the high tide line in the Atlantic Ocean. One walkway will be erected approximately across from the entrance to Caswell Dunes Subdivision (Pinehurst Drive) as shown on a plat recorded in Map Book 0, Page 396 and a second walkway shall be located approximately across from the entrance to Ocean Greens Subdivision (Ocean Greens Lane) as shown on a plat recorded in Condominium Map Book 6, Page 380. The third walkway shall Inst # 34955 Book 1353Page: 906 be located in the vicinity of the 800 block of Caswell Beach Road and shall be where the existing Caswell Dunes walkway is located. 2. Grantee shall be allowed to construct and maintain within the three (3) twenty-five (25) feet wide public access way areas structures such as wooden steps and walkways for the purpose of providing public access to and from the ocean front. that cross over the sand dunes and land on the dry sand areas of the beach. Grantee shall be allowed to place any signs relating to use or regulation of the structure or easement area within the easement area. 3. Grantee accepts all liability associated with any structures it constructs and hereby indemnifies and holds Grantor harmless for all liability, damages, injuries, loss, costs, expenses including reasonable attorney's fees arising directly or indirectly out of the use of the easement areas by the public or city or emergency personnel. Grantor shall be liable for any damages, injury, loss, cost, expenses including reasonable attorney fees arising directly from Grantor's negligence. 4. Grantor reserves for itself and its members the right to place any signs it desires within the easement areas granted, however any such sign shall not be attached to any walkway nor shall it exclude the public from using the access ways. Grantor shall be solely responsible for maintaining any such sign and Grantor accepts all liability associated with any such sign. 5. Grantee is hereby granted and conveyed the right to construct an emergency access easement twenty-five (25) feet in width bounded on the north by the southern right of way line Caswell Beach Road right of way and on the Inst # 34955 Book 1353Page: 907 south by the high water line of the Atlantic Ocean for the purpose of providing beach access to emergency vehicles and municipal vehicles only. This access area shall not be open to the public for vehicular use and will be located approximately in front of the western most Ocean Greens Condominium building. 6. All four (4) of the twenty-five (25) feet wide easement areas granted herein are non-exclusive easements in gross. Grantor reserves for itself and its members the right to use any such easement areas or structures located therein. 7. There is no express or implied grant of easement for parking purposes granted herein and no public parking is permitted on Grantor's property or within the easement areas unless Grantor consents thereto in writing. 8. The easements may not be assigned, transferred or conveyed by Grantee without Grantor's express written consent thereto. In the event Grantee ceases to exist as a municipality or merges with another municipality the grant of easement herein shall terminate. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CASWELL BEACH PLANTATION, INC. 7- By: / T ST: , CORPORATE S CRETARY Inst # 34955 Book 1353Page: 908 G{.SVv`QC ....,, f C ATTEST: 1975 OWN CLERK 09 STATE OF NORTH CAROLINA ,tPPPfrery1i°^ COUNTY OF BRUNSWICK a Notary Public of the State and County aforesaid, certify that P , ) Cg, personally came before me this day and acknowledged that - he i — Secretary of �J nn ,tie a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by 1 as its Secretary. Witness my hand and official stamp or seal, this the �) day of L , A nrn My Commission Expires 1 io NOTARY PUBLIC "OFFIetAL WV ~ Notary PubK North CW01M& County of erunsviMd ._� DONNA D. KOSTBADE I -.' - My CommissW Exp ras V1212001 Irnst # 34955 Book 1353Page: 909 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, Axd a Notary Public in and for the State and County aforesaid, hereby certify that personally appeared before me this day and acknowledged that the is Town Clerk of the TOWN OF CASWELL BEACH, a North Carolina municipality; and that, by authority duly given and as the act of the TOWN, the foregoing instrument was signed in its name by its %poj/) Mayor, sealed with its municipal seal, and attested by h �/('� self as its Town Clerk. Witness my hand and notarial seal, this the day oaf\ � , 2000. Y PUBLIC My Commission Expires: I-Aff)Z/ , STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) CertificateDONNA D KOSTBADE JANICE M TERRYs) of � Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 13 t h Day of January 2000 in the Book and Pape shown on the Fircve t Pahe.renf �'1 �1 . Inst * 34955 Book 1353Page: 910 EXHIBIT A Being all of Tracts 1, 2, 3 and 4 as shown on a plat entitled Caswell Dunes Condominiums Construction Loan Map recorded in Map Cabinet 0 at Page 396, Brunswick County Registry. SAVE AND EXCEPTING therefrom any portion of said tracts lying north of the present location of Caswell Beach Road (formerly SR 1100) as of the date of this conveyance L`f ho ate Adjacent Property Owner 3b2. S Y",utyN ST" Mailin Address t MF"J P - -L-1•z 8y City, State, Zip Code Dear Adjacent Property: Receipts for Certified Mail (Staple Here) This letter is to inform you that I, 2WC OF asuJc-�)haA%$ied for a CAMA Minor Property Owner Permit on my property at _ y►, N&3s Lc.v4 Lt- w0 y RFD© % in Caswell Beach, Property Address in Brunswick County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at Z'97, S(if 7 ! or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the NC Division of Coastal Management CAMA Minor Permit Program, you may submit them to: Ms. Heather Coats Acting Local Permit Officer for the Town of Caswell Beach 127 Cardinal Drive Ext. Wilmington, NC 28405 Sincerely, �oc..�. atC+sw�ti )3 &T4t u Property Owner /loy J d4ck 02-tv Mailing Address (205L- u MAC(4 -vc. Z-6f-6-). City, State, Zip Code U.S. Postal Service,. 'CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ' For delivery information visit our website at www.usps.com® 0^ Cr Postage $ m 'o Certified Fee M Return Receipt Fee O (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) O M Total Postage & Fees rU m T _ \SI_AiV0, ,r • (1 ' �x stmark IV �7 r/JS — LLI#4m t-r aYL) w •----� ------------------------------ M Street, Apt. No.; or PO Box No. y K r 15;4- ---- -- - lti City, State. Z/P+4 --/ Ile- "r N.e . Z,7 z sr L 1 I.n WCLL OCHLn UAIt: j Twp Taxpayer Name Eld/Def Total Land Build OBXF 911 Address 2130 ROSWELL AVE CHARLOTTE NC 28207 3 0000 251JA033 L-21 B-2 S-C CB PLAT 8/96 1304-0890 1.001- 934,590 900,000 31,780 2,810 643 CASWELL BEACH ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- MORRIS GAY H TRUST 3804346-0 315 SMOKEY VIEW DRIVE NEWLAND NC 28657 3 0000 251HAO02 U-19 FAIRWAY PLACE PLAT Z/384 1402-0475 1.000 175,000 175,000 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- MORRIS GAY H TRUSTEE 3804421-0 215 CASWELL BEACH RD CASWELL BEACH NC 28465 3 0000 251NBO36 L-8 B-2 S-B FORT CAS BCH PLAT 1/123-126 2128-0268 1.00L 1,051,720 765,000 276,320 10,400 215 CASWELL BEACH ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- MORRIS WILLIAM E 3805017-0 302 S KENNEDY ST APT 200 EDEN NC 27288 3 0000 251IAO13 L-1 B-1 S-D CAS B PLAT 1/123 0355-0632 1.00L 100 100 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- MORTAK ELFRIEDE SIGL 3805742-0 28 BUNKER ST CASWELL BEACH NC 28465 3 251H 250ECO0803 UNIT 16D CASWELL DUNES 0811-0112 1.000 313,490 120,000 192,290 1,200 28 BUNKER ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- MOSELEY MARINA P C 3806296-0 600 MIMOSA PLACE CASWELL BEACH NC 28465 3 250D 236MA02001 L-100 THE ARBORETUM PLAT T/141-143 1333-0817 1.00L 637,270 375,000 252,630 9,640 600 MIMOSA ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- MOTSINGER JAY C 3807410-0 6086 WINDSOR FARME RD SUMMERFIELD NC 27358 3 0000 2511AO03 L-NORTHERN PT 8 B-3 S-C PLAT 8/96-96A 2089-0257 1.00L 584,350 540,000 42,730 1,620 703 CASWELL BEACF ----------------------------------------------------------------------------------------------------------------------------------------------------------------- MOTSINGER JAY C ET MARGIE C 3807420-0 6086 WINDSOR FARME RD SUMMERFIELD NC 27358 W o� AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER hi ),I r-,,- CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized environmental) permits ernewreas Of hereby gives NOTICE that on May 28, 2010, the Town of Caswell Beach applied for a CAMA Minor Permit to replace the Tom Hess walkway and add a Ceckwithin the 700of aswell Beach Rd., ad acentock to the Atlantic Ocean, in Caswell Beach, Brunswick County. The application below. be insPubliccommentsrecdress eived by June 19, 2010 will be considered. Later comments will be accepted and considered up to the timeof tions may review and comments. Notice o the permit provideddecision on in writtentre- er will be quest. Heather Coats, Field Representative Division of Coastal Management 127 Cardinal Drive Extension WiimiPhone: (910) 796-7424 Before the undersigned, a Notary Public of Said County and State, Keith Raffone C-,4 4 _7 a4� /lJh+ Who, being duly sworn or affirmed, according to the- law, says that he/she is Controller of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on May 28, 2010, the Town of Caswell Beach appli was inserted in the aforesaid newspaper in space, and on dates as follows: 6141x And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. Title: Controller Sworn or affirmed to, and s bscribed before me this d�►Iplllu�u��� A.D., l D �.�``1r. O'C "O ,,�� In T stimony Whereof, I have hereunto set my hand and affixecLficial seal, tf11�y and year aforesaid. NOTAI� L. o, L otuy,'ubli My commission expires j 2 r day o,fT 20 '!gNOV 0��.�````` ER.C.'....a�`� Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: R i__: C✓ r ;i rE D DCNA WiLMII! ,I t' F 0N, NC R`1C[ �p�t I` ED JuN 2010 D"N t�rli�.MIf : w C. FAX Date ,t✓ �' 1 d Number of page ino u ng cover sheet _ Phone Fax Phone ''3!1 7 ✓ 3 g ( L7r CC: Town of Caswell Beach 1100 Caswell Beach Road Caswell Beach, NC 28465 From: Phone 910/278-5471 Fax Phone 910/278-5490 [] Urgent ❑ For your review ❑ Reply ASAP yeu ❑ Please comment m M l;Qr 611very fillbrinalloh Wsltbtir website at wwvi-usp,—cuma Ln in I A a- Pcatage o T m 0orMud FOG 0 0 R !tuni R6calpl Fee rld6r urfiont IRequIrBd) ED Rwidctvd Dehe4y FOG CIA (Endamumint Rftqulrw) M Total Pootago 4 Fees 1$ 1 ru M Tort To tm Mat, Apt a, PO or &K hh- pit— 9�s .......... . .............. ------ 1--3 —visit m For deliVery Infairnation our websile 4t www.u5pc,cQmu, 0 FF c A m 'A L tr rn cc C3 cromflad Fee Reltim Ph"pt Fea sry 0 (Endummerg Rq4lr@d) am m to R r=c da=rqyli'99 (E fn fed) C3 M Total Po4Qo&Fvw4 $ ru m -------------- — -------------------- — — --- — . . . ........... et i orP40 DOW NO. P6 10 ID -j - 4 0 . .. . ............ VAO ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS 1 hereby certify that 1 own property adjacent to 2—"PM rrr.S3's (Name of Property Owner) property located at 16 0f3 C, & gn (Address, Lot, 'Block, 'Road, etc.) Oil )971 r�1ts 71 r� - > in _. 0e.�. 4)_P: cc;. L� .1 ,NC (Waterbocly) (Town and/or County) He has described to me as shown in the attached application and project drawuib(s), the development he is proposing at that location, and,1 have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) X t — l) t5c r- 4 wALr ,4_/A7 r Sipature Print or Type Name Telephone Ntanber 6112 /// 0- Date If you have objections to wlmt E bein- ji['aposed, please `,i,r"ite the Dii,Lsi'm of Cuast:d 1,27 f �;,3l-di-rW D"i,V 'Wfilas.ICL'gWn, NC 2&405, Attrl; Coats or c-�L?.A 910" " cr_ ;'. " ta'P•_bi 10 dus ;tf' receipt (if, I w nutdcc:,, ?� o resT 1r sc is COIL i i.'erll:g_ tE.LQ, < n r I t (x l � v: f y have ,ti f -I /'„ .iN .�E= a. ,x. ) :t:iJ�fl L CAL it �1'E!; _ rsp.. _1C'.�i '' L.�='L�I:E':! f1��i;. TOWN OF CASWELL BEACH 11191 364 NC DIVISION OF COASTAL MANAGEM 11191 GL Account Invoice # Invoice Date PO Number Description Amount 10-4900-3500 5/2010 5/25/2010 HESS WKWAY 100.00 Check Date 5/25/2010 Check Total 100.00 MAY , w 2010 ORIGINAL DOCUMENT PRINTED ON CHEMICAL REACTIVE PAPER WITH MICROPRINTED BORDER MMMM • TOWN OF CASWELL BEACH 1100 CASWELL BEACH ROAD CASWELL BEACH, NC 28465 Exactly One hundred and 00/100 PAY TOTHE NC DIVISION OF COASTAL MANAGEMENT ORDER OF ` Q 6 f'nina�.-�' alk o� C�s�ll 13� � • ��•� Bf;aBRANCH BANKING & TRUST COMPANY iX7Ll YAUPON BEACH, NC 66-112/531 DATE 05/25/2010 NUMBER 11191 AMOUNT *****100.00 !l 4�V rG Y RF C AL 0 OMA X )LF COURSE RECREATION OCEAN GREENS R-20MF 0 El CphL E3 EE CONSERvA ON AREA CONSERVATION AREA kA-C ROAD' R-1 R I ' SF C SWEL CP X CONSERVA110N AREA t ` i A - Ir rA r-I 0 1 ;) C,( yl d , t -:, -3 -)-t ri -r CA _, 0 Kure Beach - I i.S. Army Atililary Urr:w "I'cnuinal 511I111}' 1't Hfll CI'1C1,Soudipt)n Nuclear Power Mani ass - Atlanric i )C't=-an Caswell Beach 'e an ;a Bald Head Island I '11o10i�r� - f sonar u::1 N.rwry wit l . - eaw+osww IaYN' Caswell beach I Caswell Beach North Carolina C Oak Island Bridge Hydrography Railroad 1 ! Brunswick County Airport i Roads Federally Managed Area Hazardous Substance Area T Water