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HomeMy WebLinkAbout75-18 Lindsey, James & Mary AnnPermit Ch4ss - ' Permit Number NEWd ' 75-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission JUL 2 Cgry for X Major Development in an Area of Environmental Concern Pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to James and Mary Ann Lindsey, PO Bog 1374. Denver; NC 28037 Authorizing development.in Brunswick County at a., to AIW W at 510 Shoreline Drive East, Sunset Beach as requested in the permittee's application dated 4/24/18 (NIP-11 and 4/24/18 (ng' 41incl attached wo�lan drawings (3) Cl and C3 both dated 4/30/18 and C2 dated reVrsed 5110/18. This permit, issued on July 26, 2018 is subject to compliance with the application (whereconsistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil.action; or may causq.the permit to be null and void Doeldng Facility 1) In accordance with commitments made by the permittee, and in order to satisfy concerns related to fisheries tesources; stops shall be placed on both the boat lift and the floating dock at a minimum height of:18" above the bottom substrate to prevent the lift and the floating dock from, disturbing the bottom substrate. The stops shall remain in place for the life of the docking facility. 2) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15At07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized: This prohibition shall be applied and. enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the 'authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. kc,-U� Y ������Braxton C. D s, Director Hivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James and Mary Ann Lindsey Permit No. 7548, Page 2 of ADDITIONAL CONDITIONS 3) The permittee shall not initiate construction of the authorized structure until a building permit for the docking facility has been obtained from the Town of Sunset Beach Planning and Inspections Department. NOTE: The permittee is further advised that the Town of Sunset Beach will not issue a building permit for the authorized structure until the permit has been issued for the principal structure on -the property. 4) This permit authorizes only the docks, piers, 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, shallbecome a permanent part of this docking facility without permit modification. No nor -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 5) 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 pemnttee, is "responsible. This prohibition shall be applied and enforced throughout the -entire existence of the permitted-siructure. ' 6) 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 abandons the permitted activity without having it transferred to a third party. 7) The permittee shall installand.maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard; through regulation or otherwise, on the authorized facilities, including the bridge. At a minimum, permanent reflectors. shall be attached to the structures in order.to make it more visible during hours of darkness or inclement weather. 8) This permit authorizes a maximum of 2 formalized boat slips. _ 9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 10) Any portion of the permitted, access pier and docking facilities built over Coastal Wetlands shall not exceed six�(6) feet in width andshall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 11) The 30' long bridge, as depicted on attached workplan drawings C-1 and C-3, shall be elevated a minimum of six (6) feet above normal high water as measured from the bottom of the decking. 12) 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. 13) An as -built survey shall be performed on the docking facility, including elevations of the bridge, and copies of the survey provided to the Division of Coastal Management, within sixty (60) days of completion of construction of the project. Jame$and Aary Ann Lindsey ADDITIONAL CONDITIONS Permit No. 75-18 Page 3 of 3 14) No portion of the.authorized docking facility shall extend more than one quarter of the width of the water body, Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 15) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this'authorization. 16) The roof of the covered platform shall not be designed for second story use. General 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) 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. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 20) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: Future development of -the permittee's property may require a modification of this permit. -_ Contact a representative of the Division at (910) 796-7215 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: 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 proposed project by way of General Permit 197800056 (Action ID No. SAW-2018-01103), which was issued on 6/26/18. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018- 0761. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVE® JUL TO 2018 DCM-MHD CITY I i. Notes End PN: W70fle Comment Deadline: Ittt01/6 30� wmMtVv eOJ = co/411 III///���rrUU// �VO -f V4 ,-Jeu Vert (per If1�' 2W�G11�°r• �`''�'�'�/S�n��j Y I�%aYrlA1�� GQWIG{DY Ais tYl,"4- 'Ivy reSr�►'►'K .t� o�,v�est�uv�S rere�Vect �,rt.r.l B-�Jvu,rSLu '�)C-JIA ewe ""Iv DM L wawltz -h0 add ice; CWu vftOac wl blove,. 2: r' �L Spears, Courtney GZ� (LuSS� From: MacPherson, Tara Vl V Sent: Wednesday, June 27, 2018 3:14 PM To: Spears, Courtney; Coats, Heather Subject: Re: Lindsey project Hey, so Debbie helped me with these lines for this application because lot 8 needed a corridor with the encroaching pier to the east. Since they want to record the lines and a single owner would own the subdivided marsh lots and the continuing lot to the high ground the corridors seemed to work. We can look at it friday, but not sure what else would work. Thanks From: Spears, Courtney Sent: Wednesday, June 27, 2018 2:38:40 PM To: MacPherson, Tara Subject: FW: Lindsey project Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Thursday, June 21, 2018 9:35 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: Lindsey project Hey Courtney, Wanda Hilliard with State Property just called me about this project because she wasn't very clear on the ownership. It appears the applicant has an offer to purchase the lot, and an adjacent marsh lot that is to be subdivided (or perhaps already is?) to grant them riparian rights. The question I have is most of the marsh lots are submerged below MHW, as is shown on the plan- but the riparian lines follow the subdivision lines of the marsh parcel which shift in direction over 1 r _ � :submerged, lands, ratherthan extending out 90_degrees from the channel. back to the high waterline on the parcel. The resulting riparian line doesn't'appear to conform with how we typically establish riparian lines... I asked Debbie and she said she didn't know, to ask Tara. So maybe hold on this one and check with Tara next week when she gets back for clarification? Unless you see that I'm just missing something, which may also be the case since I've just had a quick look at it. Thanks! Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats)ncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares� Email correspondence to and from this address is subject to the Notch Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: James & Mary Ann Lindsey PROJECT NAME: Lindsey Docking Facility COUNTY: Brunswick LOCATION OF PROJECT: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-14-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Tara MacPherson DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW:�— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 5-30-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: e', C) 75 DAY DEADLINE: 7I MAIL OUT DATE: 5-25-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE RECD: S250 #2622 END OF NOTICE DATE: 6-20-18 DEED REC'D: ON: MRk&- 150 DAY DEADLINE: STATE DUE DATE: 6-20-18 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance S jc Division of Coastal Management-LUP Consistency I X Public Water Section (DWR) Land Quality Section (DEMLR) Division of Water Resources - 401 Section tb L( ccrnwtenct� State Property Office Division of Archives & History x Division of Marine Fisheries - Shellfish Section I Division of Highways (NCDOT) Wildlife Resources Commission ysl t"U h S 0 h (,I yN"r �1 Local Permit Officer R Division of Marine Fisheries - DCM 2 D Y�y)g2 FLOIIk f �u 3 S �� Corps of Engineers - Regulatory Branch (Z L I LI(I G P Sl 2 18 -0 03 Recommendations for State Permit — James & Mary Ann Lindsey May 25, 2018 The total area of the docking facility was calculated as follows: Shoreline length = 90 linear ft. x 8 = 720 sq. ft. allowable. Proposed Fixed Gazebo: 14 ft. x 14 ft. =.196 sq. ft. Proposed Floating Platform: 8 ft. x 16 ft. = 128 sq. ft. Proposed Boatlift: 13 ft. x 13 ft. = 169 sq. ft. (not counted) Proposed Finger Pier: 4 ft. x 14 ft. = 56 sq. ft. Total = 380 sq. ft. It is staffs recommendation that the extending the proposed docking facility appears CONSISTENT with the use standards set forth in 15A NCAC 07H.0208 (b) (6) (B) which limits the shaded area impact for docks and mooring facilities to 8 sq. ft. per liner foot of shoreline, excluding the access pier and open water slips in the calculation. The proposed length of the facility appears to be CONSISTENT with the use standards set forth in 15A NCAC 07H.0208 (b)(6)(G) and (I). The docking facility would conform to the '/. width distance and would not exceed the U.S. Army Corps of Engineers 80' Federal Channel Setback, the established pier head line, nor encroach into either adjacent 15 ft. riparian setback. The length of the proposed docking facility is CONSISTENT with the use standards set forth in 15A NCAC 07H.0208 (b)(6)(H), which states, "Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100- foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine lengths shall be made from the waterward edge of any coastal wetland vegetation that borders the waterbody." The facility as proposed, would have a total length of approximately 617 ft. waterward of NHW, however it would extend approximately 153 ft. waterward of the edge of Coastal Wetland Vegetation, where according to the applicant, it would achieve water depths measuring approximately — 1.5 ft. @ MLW at the terminal end. The majority of the water depth is gained within the last 100 ft. of the proposed docking facility. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal regulations. Any permit issued should include standard conditions of private docking facilities. RECEIVED MAY 3 0 2018 DCM-MHD CITY rot MEMO To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, James and Mary Ann Lindsey, Sunset Beach, Brunswick County Date: July 9, 2018 project is consistent with the Sunset Beach Land The applicant proposes to construct a private pier and docking facility capable of accommodating of up to two vessels. The project is located at 510 Shoreline Drive East, adjacent to the AIWW in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW PTA, and CW. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation. In general, the Town of Sunset Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVED JUL 09013 QCM WILMINGTON, NC Y, Coastal Management ENVIRONMENTAL OOALITY May 25 2018 RECEIVED JUN 1 2018 TO; Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ' - Division of Coastal Management 127 Cardinal Drive. Ext., Wilrri, NC 28405 heatheccoats(fancdencgoy; Fax: 395-3964 (Courier 04-11633) SUBJECT: CAMA Application. Review Applicant: James & Mary Ann Lindsey Project location: 510 Shoreline Dr., E., adjacent to' the,AIWW, in Sunset Beach,. Brunswick County. Proposed Project:to construct�a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return :thl,S form to'Heather Coats at -the a address iabove by June 20,;2018. Ifyou have.any questions: regarding the proposed project; contact Tara MacPherson at (910) 796-7425 when appropriate in, -depth comments with supporting 70ata is requested. REPLY: 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 projectfor reasons :described in the attached comments. ZL SIGNED `M'✓ L..��-P!� . DATED. RECEIVED " MAY 31;20.j8. State of North Carolina s Environmental. Quality l Coulal Managernent �p 127 Cardinal Drive Ek, Wilmialmm, NC 28405 RCM. yttILMINGTON,_ NO 916-7967215 Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dowaor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: James & Mary Ann Lindsey Project Location: 510 Shoreline Dr, E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **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. s� SIGNED . 1 C DATED RECEIVED JUN 13 2018 State of North Carolina I Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 DocuSign Envelope ID: B96EBOBB-4F3A-46FB-8AOE-FA099FD5F156 r �t ROY COOPER Govemor MICHAEL S. REGAN Secretary Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management (Courier 11-12-09) heather. coats(a)ncdenr.gov SUBJECT: CAMA Application Review Applicant: James & Mary Ann Lindsey BRAXTON DAVIS Director Project Location: 510 Shoreline Drive E., adjacent to the AIWW, in Sunset Beach Brunswick County Proposed Project: to construct private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. _X_ This agency approves of the project only if the recommended changes are incorporated. See attached. 18-inch stops are to be places on the floating dock and boat lift. This agency objects to the project for reasons described in the attached comments. [Docuftr ad by' AM.W. sue, 64 7/20/2018 SIGNED E'ABA14/O'0O"'. DATED RECEIVED State of North Carolina I Environmental Quality I Coastal Management J U L 2 0 2018 127 Cardinal Drive Eat., Wilmington, NC 29405 919 796 7215 DCM WILMINGTON, NC DocuSign Envelope ID: E29ED884DA4D43DB-AC69-9Aa299A06FD8 µO Water Resources Environmental Quality July 20, 2018 Mr. James Lindsey Ms. Mary Ann Lindsey P.O. Box 1374 Denver, NC 28037 Subject Property: 510 Shoreline Drive — Sunset Beach ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Brunswick County DWR Project: 2018-0761 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Ms. Lindsey, You have our approval, in accordance with the attached conditions and those listed below, to construct a private docking facility (with 18-inch stops installed on the floating dock and boat lift) as described in your application received by the N.C. Division of Water Resources (D WR) on June 1, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). 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: h!W://vortal.ncdenr.org/web/wg/smT/ws/40 I /certsandyermits. 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: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is respif"009tEd)rnplying -->"NothingCompare, .'-, JUL 20 2018 State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 DCM WILMINGTON, NC DocuSign Envelope ID: E29ED884-DA4D-43DB-AC69-9AB299AO6FD8 Lindsey-510 Shoreline Drive Brunswick County 2018-0761 Page 2 of 4 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502). 2. 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. 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 4. 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. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6. 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)] RECEIVED JUL 2 0 , -,, DCM WILMINGTON, NC DocuSign Envelope ID: E29ED884-DA4D-43DB-AC69.9AB299AO6FDa Lindsey — 510 Shoreline Drive �1 _ Brunswick County 2018-0761 Page 3 of 4 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]. 8. 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 021-1.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. 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). 10. 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: htW://Mrtal.ncdenr.or web/wq/sW/ws/401/cgga dpermits/a�ply/formsl. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hUp://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). RECEIVED JUL 2 0 2018 QCM WILMINGTON, NC DocuSign Envelope ID: E29ED884-DA4D-43DB-AC69-9AB299Ao6FD8L Lindsey-510 Shoreline Drive Brunswick County 2018-0761 Page 4 of 4 The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 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 Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburn(cdncdenngov. Sincerely, 0e819 ed by: Ea/�B�14AC]OGTI... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Elizabeth Nelson — Cape Fear Engineering (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) WiRO/LF RECEIVED JUL 2 0 2018 DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 l" Tim Walton Dept of Administration State Property Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RECEIVED JUN 01 2018 DOA STATE PROPERTY OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatson-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA Application Review Applicant: James & Mary Ann Lindsey Project Location: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" Aj c ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W WK ol0. DATED (105I J_ot Q RECEIVED DCM WILMINGTOIv, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 00( Roy Cooper, Governor North Carolina Department of Administration State Property Office June 25, 2018 Heather Coats, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive, Ext, Wilmington, NC 28405 From: Wanda Hilliard /&Jam-dG, ulx.o�J Real Property Agent Re: CAMA Permit Application Review / Brunswick County 510 Shoreline Dr. Adjacent to the AIWW in Sunset Beach Construct Private Docking Facility Machelle Sanders Secretary Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEiVED DCM WILMiNGTON,NC State of North Carolina I State Property office _ 116 West Jones Street, State 4055 1 13A Mail Service Ctr. I Raleigh, NC 27699 111. IN 2 8 %- 1 n 919 807 4650 TI Web: http://w .ncspo.com Received: 06/05/2018 State Historic Preservation Office ROY COOPER MICHAEL S. REGAN CoastalManagement BRAXTON DAVIS 1"VMON"01WAt OW LI,V fi0�(M May 25. 2018 ER 18-1241 TO Renee Gledhill -Early Due -- 6/20/18 Dept of Cultural Resources Archives 8 History 11 FROM Heather Coats, Assistant Major Permits Coordinator b - vp (- NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext. Wilm NC 28405 heather coatsf@ncdenrgdv Fax 395-3964 (Courier 04-18-33) SUBJECT CAMA Application Review Applicant: James & Mary Ann Lindsey Project Location: 510 Shoreline Dr. E. , adjacent to the AIINW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed t "Additional comments may be attached" K This agency has no comment on the proposed project _ This agency approves of the project only if the recommended changes are incorporated See attached. This agency objects to the project for reasons described in the attached comments SIGNED t/ ��i� DATED RECEIVED JUN 2 6 c..wM.r�.. ".I"gm MC SW DCM WILMINGTON, NC JUN062018 Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Go. ., MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsccDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: James & Mary Ann Lindsey Project Location: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "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. SIGNED Vt DATED tCi I RECEIVED JUN 13 2018 JUN 012018 DCM-MHD State of North Carolina I Environmental Quality I Coantal Management CI7y 127 Cardinal Dnw Ext., Wilmington, NC 29405 DCM WILMINGTON, NC 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 UC6] FROM: SUBJECT Applicant: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RFf'P,NED David Harris JUIN 1 A 2018 NC DOT NC DOT Roadside Environmental Unit DISTRICT 3 Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov Fax: 395-3964 (Courier 04-16-33) CAMA Application Review James & Mary Ann Lindsey Project Location: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" XThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED 6411ll i g DCM WILM NIGTON, NC JUN 2 9 m8 State of North Carolina I Environmental Quality I Cowtal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY C g,.offo+01 May 25, 2018 TO FROM: SUBJECT Applicant: Project Location: Proposed Project: ROY COOPER Gros, r MICHAEL S. REGAN Sec I.O, BRAXTON DAVIS OlxcmT 4 g JUN 2018 Maria Dunn INC Wildlife Resources Commission For WiRo kRE Zl110Z616�1 Heather Coats, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 127 Cardinal Drive Ext.. Wilm . NC 28405 heathercoats(a�ncdenrgci Fax: 395-3964 (Courier 04-16-33) CAMA Application Review James & Mary Ann Lindsey 510 Shoreline Dr, E., adjacent to the A1WW, in Sunset Beach, Brunswick County. to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "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. SIGNED �a�,�� �__ DATED 4 3 7J18 RECEIVED JUL 0 3 2018 Slaneuf Nuth Carolina l Fanlonmwtal4waw.Y CQuiallfar.g .a 127 CarEhul Ikiw PA.. WOmiVon. NC 28403 910a96-7215 DCM WILMINGTON, NC V� North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Mana T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 3, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for James Lindsey, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 510 Shoreline Drive East, adjacent the AIW W in Sunset Beach, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a private pier and docking facility for two vessels. A 6' by 617' pier spanning over coastal wetlands (464') would terminate at a 14' by 14' covered gazebo. A ramp would extend to the south from the finger pier to an 8` by 16' floating dock with stops. A 13' by 13' boatlift with stops is proposed at the eastern side of the gazebo with an 8' by 2' access platform Water depths in the application were stated to be -1.2' to -1.5' at MLW. A navigable slough approximately 140' from the waterward edge of coastal marsh will be bridged a minimum of 6' over NHW to allow continued access. The waters of the AIW W at this location are classified SA HQW by the Environmental Management Commission and are designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. RECEIVED The NCWRC has reviewed the project proposal and requests the applicant take into consideration the water depths at the project site and the impacts the floating dock wdW WW 8 to the shallow water habitats of the PNA. The resting of the structure on the substrate would nrKA W MnJr nbl NC Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27649-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 00t likely occur due to the location of the structure to the AIW W, the frequent vessel traffic, and the shallow water depths. It is also recommended that the lift stops are placed at 18" to minimize the sitting of the vessel on the substrate. The NC WRC supports comments from the NC Division of Coastal Management's Fishery Resource Specialist to protect marine resources, including PNA habitats. In addition to the concerns for natural resources, we also request the bridged area of the structure be marked to aid in navigation. This could be done with signage or reflectors, but done in a manner to denote the access. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria. dunn@ncwildlife.ore RECEIVED JUL 0 3 ;'�PQ DCM WILMINGTON, NC Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 TO: Hiram Marziano Local Permit Officer Town of Sunset Beach ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Disecror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA Application Review Applicant: James & Mary Ann Lindsey Project Location: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **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. SIGNED w L DATED 6 RECEIVED DCM WILMINGTON, NC JUN 11 2018 State of North Carotins I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 700 Sunset Boulevard North • Sunset Beach, NC 28468 Telephone: 910-579-6297 • Fax: 910-579-1840 Website: www.sunsetbeachne.gov • Email: sunsetbeach@atmc.net H BEP June 7, 2018 Heather Coats Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext. Wilmington,. NC 28405 RE: CAMA Application Review — 510 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Ms. Coats, Staff has reviewed the subject proposed project for 510 Shoreline Drive East, Sunset Beach, NC for a private docking facility. While the Town has no objection to the project as proposed (assuming it satisfies all State/Federal regulations), I believe there is something worth mentioning. The Town of Sunset Beach considers these types of structures as Accessory Structures in our Unified Development Ordinance (UDO). The UDO holds that the Town's Planning and Inspection's Department cannot issue a development permit (zoning or flood) nor building permits for accessory structures without a principal structure on the property. This address is vacant and no application has been made for the construction of a principal structure. The bottom line is that the Town has no objection, but we will not issue development permits for this project until such time as a principal structure has been permitted by the Town of Sunset Beach Planning and Inspections Department. If you have any questions, please feel free to contact me at 910.579.6297 ext 1014 or hmarziano@sunsetbeachnc.gov. Regards, ` i�arzi�FM Director of Planning CAMA Local Permit Officer VED DCM WILMINGTON, NC !uN 11 Bois Coastal Management ENVIRONMENTAL QUALITY May 25, 2018 TO FROM: SUBJECT Applicant: ROY COOPER Go ,V MICHAEL S. REGAN Secreevy BRAXTON DAVIS Onecmr Curt Weychert Fisheries Resource Specialist MHC-DCM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather coats(o)ncdenr.gov Fax: 395-3964 (Courier 04-16.33) CAMA Application Review Project Location: 510 Shoreline Dr., E., adjacent to the AIWW, in Sunset Beach, Brunswick County. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by June 20, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. YThis agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments. SIGNED���� p DATED 6 RECEIVED RECEIVED JUN 2 2 "'R MAY 3 0 2018 State of North Caroline I Environmental QualityCoastal Management D C M- 12?Cardin&]N,eE,i)C tWi4U4ift;TON, NC MHD CITY 910-796.72I5 N\A' ROY COOPER ('aemor MICHAEL S. REGAN R I M_� Srcw.ry BRAXTON DAVIS Coastal Management ore`ror ENVIRONMENTAL OUALITV MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist) IIUU SUBJECT: James and Mary Ann Lindsey New Docking Facility DATE: June 22, 2018 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to construct a private docking facility at 510 Shoreline Dr. E., Sunset Beach, consisting of a fixed access pier measuring 464 feet in length into the Atlantic Intracoastal Waterway (AIW W). The facility terminates in a covered fixed platform, and floating dock with adjacent boatlift. The applicant is constructing the facility to the maximum allowable distance into the waterway, and are restricted by the one-fourth channel width setback. The waters of this area are classified as SA; HQW by the Division of Water Resources and designated as a primary nursery area (PNA) by the North Carolina Division of Marine Fisheries (NCDMF). A site visit to the proposed facility was conducted on June 21, 2018 aboard a NCDMF Marine Patrol Vessel. The site visit was conducted on a low tide event where the expected tide was 0.2 feet below a normal mean low water (MLW) event. The time of the site visit and depth measurements were from 9:10-9:15 AM, with the NOAA predicted low tide of Sunset Beach occurring at 9:07 AM (tide predictions at Tide Station 8659897, Sunset Beach NC). The greatest depth achieved near the proposed docking facility was -1.33 feet; due to water levels, the closest measurements were still - 8 feet waterward of the facility terminus. It is important to note that the vessel, a 19-foot flat -bottom skiff with an outboard engine on an adjustable jack plate could not access the proposed boating facility. The applicant has indicated that the typical boat length being used at this facility will be 27 feet. At the time of the site visit, the adjacent docking facilities to the east and west both had floating platforms which were resting on the substrate bottom. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas, and should be considered through the design process. Since this area is PNA, future requests to dredge will be opposed by the DCM Fisheries Resource Specialist. RECEIVED JUN 2 2 118 State of North Carolina I Fn iroomental Quality I Co W Marmsm" 400 Corr roe A�mue I Morthcad c")DC?ffSVVILMINGTON, NC 252-808-28081252-247-3330(f.) M11 Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in the sediment which can kill benthic invertebrates, and reduce the availability of shallow bottom habitat during low tide. In addition, vessels moving to and from associated shallow water boatlifts can cause propeller disturbance impacts to the PNA. Because of the resource concerns listed above, it is strongly suggested that the applicant remove the floating dock from the project proposal. Although the applicant has proposed stops on the floating platform in the project narrative, the proximity to the AIWW and associated boat wake will either cause damage to the floating platform or the stop structures, ultimately rendering each ineffective. I1 is also strongly suggested that the applicant install stops on the boatlift at least 18 inches above the substrate bottom to be maintained in perpetuity with the boatlift. Traditionally, a vessel of 27 feet in length which has only 18 inches of water at low tide over PNA soft bottom habitat would have recommended stops at 24 inches above the bottom, however, due to the short distance to deep navigable waters in addition to the steep slope of the bottom near the channel, concerns for constant impacts to PNA bottom would be minimal with only 18-inch stops. Contact Curt Weychert at (252) 808-2808 ext. 213 or CurtNeychertanederingov with further questions or concerns. RECEIVED JUN 2 2 2018 DCM WILMINGTON, NC Side of Nash Carotins I Environmental Quality I Coastal Manayemem 400 Commerce A.ue I Moorhead Cory, NC28557 252.908-29081252-247-3330(fax) i z Af� 0 Brig Ladtlt I N0AA/N0S/C0-0PS Tide Predictions at 8659897, Sunset Beach NC From 2018106/21 12:00 AM LST/LDT to 2018/06/21 11:59 PM LSTILDT 6.0 5 34 5 9 S.0 4.0 3.0 2.0 i C m 1.0 . I 0.0 -0.20 � m o i 7L ae . NOM/NOS /Center for Operational Oceanographic Prodwu and SeMces 12:00 AM 03:00 AM 06:00 AM 09:00 AM 12:00 PM 0300 PM 06:00 PM 09:00 PM 12:00 6/21 6/21 6/21 6121 6/21 6/21 6/21 6/21 6/22 Warning: The predictions on this page refer to MLW and not to the chart datum of MLLW, Therefore should not be used for navigation purposes. Note: The interval is High/Low, the solid blue line depicts a curve fit between the high and low values and approximates the segments between. Disclaimer: These data are based upon the latest information available as of the date of your request, and may differ from the published tide tables. High/Low Tide Prediction Data Listing Station Name: Sunset Beach, NC Source: N0AA/N0S/C0-0PS Action: Daily Prediction Type: Harmonic Product: Tide Predictions Datum: MLW Start Date & Time: 2018/6/21 12:00 AM Height Units: Feet End Date & Time: 2018/6/21 11:59 PM Time Zone: LST/LDT Date Day Time Hgt Time Hgt Time Hgt Time He 2018/06/21 Thu 02:35 AM 5.09 H W-:97,AM s : -0.20 L 3:16 PM 5.34 H 9:37 PM ' 0.24 L k 0G Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, June 25, 2018 2:56 PM To: Spears, Courtney; MacPherson, Tara Subject: [External] project status CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hello ladies! Just wanted to let you know we have received the applications for the following projects and will be processing them as follows: GP 56: Corps Action ID: SAW-2018-01103 Project Name: James & Mary Ann Lindsey/510 Shoreline Dr.,ItmN County: Brunswick (Thekla is handling this one) GP 291: Corps Action ID: SAW-2009-01187 Project Name: Town of Carolina Beach Marina County: New Hanover I'll get the notice out for the CB Marina project soon -I've got 3 ahead of it. Please let me know if you have any questions. Thanks! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 26, 2018 Regulatory Division Action 1D No. SAW-2018-01103, General Permit No. 197800056 James and Mary Ann Lindsey Post Office Box 1374 Denver, North Carolina 28037 Dear Mr. & Mrs. Lindsey: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to construct a new private docking facility at 510 Shoreline Drive, East, adjacent to the AIWW, in Sunset Beach, Brunswick County, North Carolina. Coordinates are: 33.8858 N, -78.4996 W. On January 1, 2017, we renewed General (Regional) Permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1999. General Permit No. 197800056 expires December 31, 2021. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general and special conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for your time and cooperation. If you have questions, please contact Ms. Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 2514049. Sincerela:jg - �_ q tt/ f Liz Wilmington Regulatory Field Office Enclosures: Plans GP56 conditions RECEIVED JUN 2 7 2018 DCM WILMINGTON, NC -2- coo"F,=Ilw �4w Capa Fear Engineering, Inc. Attn,. ms.,ErzabethAd.•,,tTeison 01 BeWfile; North Carolina 29.451 e-copics ,Fumished-(Woendlo§iire* W"pa q0UP .- jl hb.,'Keed Hioifg -NCMQ/1),WR Wlffe,athle.r Coats-MCDE&CM Mg, NUDEQ0CM, WATERWARD IMTC POTENTIAL OPEN WATERS (NOT SURVEYED, DIGITIZED FROM AERIAL PHOTOGRAPHY) BOYER WARREN H TRUSTEE_.__ I RIDGE FARMS, INC I OCEAN RIDGE FARMS INC AC MEAN HIGH BUSCHE JOHN C IV ET CHRISTNE WHERE PROPOSED PIER CROSSES OPEN WATERS, PIER MUST BRIDGE WATER FROM MARSH GRASS TO MARSH GRASS AT AN ELEVATION &FEET ABOVE NORMAL HIGH WATER TO ALLOW FOR BOAT NAVIGATION. EXISTING DOCK SYSTEM i I --r Fj raa215'cv as �rs3' -------------- - IL, EXISTING DOCK SYSTEM I, t( 1 1 1 VECCTATION --' R7DP0® DCIX ST C _ _ _ _ _ _ ftwr 000c STET oo Q Z W > 0 n Ill GV Z U 2 W Z cr ? 3 U C ONE-FOURTH CHANNEL WIDTH M WATERWARD LIMIT OF J ' COASTAL VEGETATION ' `--SEE SHEETC-2 WATERWARD LIMIT OF COASTAL VEGETATION MEAN }I Q 3I — SITE INFORMATION. I APPLICANT. MARY ANN AND JAMES LINDSEY TAX PARCEL NUMBER 266CDO07 SITE ADDRESS: 510 SHORELINE DRIVE E '. V XiD nw w X74'aw - X"L I X . A" 0 71 CHANNEL-*bTH. Dc-us5s ix i"O0rX-002 '721 X-V I 9.3� A i+ wr5.6`A-TnRV&A (MARSH ARFJa;9 . •- ._.: ._ '3iiAurnie'Mr ew�eii:+abawlKx:c - SCALE 11 JO& -_ NhRClI'2G, able. uI MAP jNo 5r�lc)': rod .. ._ ._ yS� i <SwitsiblRWPO CKGY RIbGGfMN3➢1G xYlWlwn c - _. IIInMId[ MAIOY 1 I: `t\ � I 1 1 t m M'CObRN!'OEs.. 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DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usw.army.mil/MissionsfRegulato[yPermitPro rg am.aspx General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 2017 Expiration Date: December 31, 2021, DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with the following standards in order to be authorized by this RGP. 1. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Pilings, dolphins, jetties and breakwater structures maybe constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. RECEIVED JUN 2 7 , 018 DCM WILMINGTON, NC I . 3. -'Breakwater-structures-will be designed to prov do-fqr'4,d ate water circulation landward .of -the structures. This RGP does nova within Waters of the breakwater or Thefollowirig,defihitioifs sboufdVe-lis,edfor purposes, of this regional general permit: (RGP): g. Mean high water tnatJOARNM tidal w h 0: Th6lift6onIhpAPrq,lrcwater, reached by the Me of the, mean (aviiagq)"higb. water. The preciso, determination of the ddudf the � e SM' with.tho reference to * ayaila4le tidal location of ' Be J�§tablis&d.by survey datum, preferablyaveraged over aperiod qf-I8.6'vcars7 A less precise method, such:as observation, of the apparent. shoreline; which is determined.by reference to pbyslw� markings, lines of vegetation,,inay.be,:Us.edfor the purpose of this penult, .'b.-. -Ordinary Mgh Water Mark (Oft- W-M- : The line -on the -shoro,.i m-non--ti-6- I -wiatcrsi- established by,the -fluctuations pfwater �mdi.6a.te.d'byphysical characteristics such as line hapressed-onthe-bank; shelving changes in the soil;ldbatru 6tica,'of terrestrial vegetation; thepresenpe, offittOr and debris, o; oHier appropri ate- -means that, consider the characteristics of the surrounding areas.. SpeciaLCojiditions a. Auth6rized-structures located on or adjacent to Federally authorized jyqtej will be constiucted, in accordance with-the.latestaetback criteria established the Wilmington District Engineer, You may review the setback policy, at This general the.eral Fed ly Authorized, Channel Setback, unless the activity -,is ap proved by the.Corps., The pern#ee must submit the. information desaftbed'mi Gene I rg 6onditibn' e' and obtain approval from the Corps prior'to the constrqctiogof arlystructrims within the Federally Authorized,Channel Setback.. b, Floating structures installed within the,Fe.derallyAiitharized,,C,hannel, Setback Must be designed -d to be -removable. No utilitlbs:nr infrastiuc Wee shall be perma ub fitly' _ :fixedlattached to floating structures located wi t, , he Feder Authoriz d Channel I ally -P Setback, The pCrP3! ttee,must submit the information described in Gencral'Conditioft.'N!7 and obtain approval from the Wilmington District Corps ofEngineers ,-(C6rps):pr!cir.tq the, construction of any structures within the Federally Auth rizedChAnne[Setback c. This general permit does not: authorize construction across or into any-natar4-or manmade channel or watorbody-in any manner. -that miLyaadversely affect navigation by the general public. Z d. Piers, docks, boathouses, boat shelters and piles authorized by this general permit may be extended or be located up to 400 feet waterward of the Mean High Water Mark (MliWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWK elevation contour (non -tidal areas) or one-third (1/3) the width of a waterbody, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. e. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. The total square footage of shaded impact for docks and mooring. facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility (excluding the pier) authorized by this General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally jurisdictional wetlands. i. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. j. Groins, jetties or breakwater structures shall not be constructed in wetlands, seagrasses and other submerged aquatic vegetation. k. Piers and docking facilities located over submerged aquatic vegetation may be constructed without prior consultation from the National Marine Fisheries Service if the following two conditions are met: 1. Water depth at the docking facility location is equal to or greater than two feet of water at mean low water level: and 2. The pier and docking facility is located to minimize the area of submerged aquatic vegetation under the structure. 1. Floating piers and docking facilities located over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure andjbARECEIVED substrate is at least 18 inches at mean low water level. JUN 2 7 : f1'3 DCM WILMINGTON, NC rn�_ JBtdo4^w lnqtextend, ,-fartherthan-16,0-feet w4ter-ward."of-tho,,NiI3at�M_(ttdal areas) or the OHWMIclevation contours. n- This general permit does not authorize the installation,of fueling -facilities on. authorized.structures'. o. Riprap groins shall not, exceed a-base,?Oft of-10'fdet. p. Riprap grpins,must be constructed of clean rock or masonry materiatandbe of :SUM66ht RiZo td,,preifent displacementby wave or current action, q. No groin shall extend more than :25.feetwaterW of the mean high Water, or, normal water level elevation contour. r. rjr6in§dndi6ttie§shallnot.bo.locatedwithin primarynursery press. - s; - Nojettyshall be const.racted%during t4q.petiod.betwpeiXAprIl l ana,September - 30, unless the activity 1�, 4 approved by NCDNT-.,uid,.the,NW. S t. Fl6atlhgstrucbjreswill,besupported by. )pateTi4l,that wW,4ofbec,o.me, wate g&dQrsirkkwhen,.Ptmctured,y-n'll-bo-ffistallb'cttoproV!defofftitdtuaTdiis6fwiitdr, elevation, will her designedsothat the stracturewiffnot rest on thabotiom of wat.erbodyat_anyflme �and will bc secuked.ifi.kich mannerasto not break, away u. Breakwater Wadtaia Will be no longer than 500 feet., They, will have;a. miriiMum of, one-inch openings (&toI27ihch)sheathing boards and atleast one, fIVe-f6ot-wide'_opening for each 100 linear feetofstructure cture� v,. Breakwater m_ not structures av�notbcocnstru etedsoastoorohibitaocessio atifte I . , P. , waters or public trust areas. w. If the display of lights and signals ontheadffiorized structure is:n6t,ofl provided for byllaw; such lights and signals .asmay be prescribed by the U.S."( Guard will --be installed, and maintained'by and 4tth6expensel of the pormlitm. X. Itispossible that th.e.aut.horiz,ed.stuottireiriay - be,damaged by -Wave wdshfioniz passing vessels.. The issuance of this permit does-nolf relieve the,:permitt=:from j4Oqg proper, steps to, ensure the integrity, of the permitted structure and the safety of moored beats, The Permitfee, will not hold the United States liable for any sqoh damage., yi )Nt7gptloralpgrrnii4qqsjloi-aut.h.oiizehabitabldstructure,sotdifystudtdb.br associated facility fbrmon=water related use. z. Struettiresand their ,qttenoEnt,utUitips,authorized by this general permit located on lafdsvubjcdtt6 an easement in favor of the, United States . for the qpeiatioIN maintenance, -improvement; m and enlarge -ent of the Atlantic Intracoastal W I Oerway 11 (ARM, will be removed at the expense of the pemuttee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 711.0208(b)(5). bb. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any Corps approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control. Act of 1973 (North Carolina General Statutes Chapter I I 3A Article 4). RECEIVED RECEIVED JUN 2 7 2018 ') 7 `'' DCM WILMINGTQNN(; WILMINGTON, NC o; The -activities -authorized by this general, peruilt,must'not lnterferewijtztbe publiesiright to free navigatiott:onall navigable waters of the United States, No attempt 7. 7"i 7f-a will be:m�by the permitie& to,p full and i_r'ee'­U'S-'6.by- O:pu lic-0 a navigable watas,ato , or adjacent to theauthorized work.for a reasoirother than safety. f; The pom-iittpdunderstands .and' agrees .that; if,&tiird operations byttielluked, States lire the removal; relocation, or other alteration of the structure or work herein representative,. said structure' Or work shall cause unreasonable obstruction to the freena-vigation.of lh&navigable watcrs,Ahe permittee will be required, ,upon .due notice from the Corps oftilgineers, to remove, relocate; 6r,altorthd stmaiur-al work or - obstructions ,caused thereby, without expense to the United States, No claim shall be made agatus�thq Unite d Siates on dedoifut ofWy such removal draltmratioh. - g. The p6nnittee, upoii.receipt ,of a notice of"r,evocation-d"f1he pqrmit for,, the verified. individual actility,rd4y apply for an individualI - pe x in I it; - 6 1 r--� Wlvhl thout'd xp I e i I m6 to I th 6 United States and in such time and manneras;t4q-Serretary of Army his/her aqthoffi;e&repre§entative may direct, restore the affected water oftheUnited.States, to its former conditions: 0 congressionagy authorized purposes; established limifationsor functiov& Per Section 14 oftfic Riversau&114bors;,Acrpf 1899, as amolide(f, (33 U.S.C. 4.08),,no projectthat has the potential to iakapossessibn.of or make use of, for any purposei dir.build upon, alter, deface, d6stroymove, injure, or obstruct a'federally constructed workor_rq' including, but not -limited love danis;Jettys, navigatloy p Ject, �rdlf ., '.Psi sp- -tes, flood control projects; etc., shall channels;.borrow areas,, dredgdd material ds Tsi - i p bip.pimittcO,'pnles,s,thepxoj.6cf,has been reviewed ,and _appr_pve4by1tfieappropriate ,Co rp 's approval authority. Th6lperinitteemust submit-Ahe information described'intencral CondIftion 'Y' and obtain apprQva . d from the Wilmington Distriot'Engineerpridr.to%the initiation of any activity that has the potential to_'modify ,or conflict with a federally authorized project;. 1. The permittee shall obtain�a ConsenftbCross Government Easement,from the, Wilmington- prior District'sLafid Use Coordinator� ort6any et6ss-mgoftlieCorps-easement aiidlorprlo ' r to commencing construction of any structures, authorized dredging or other - work .wifliffi the right-of-way of,. or.. is proximity to, a f6derAlly designated. disp 6sal area. The hand Use Cooidinai uiaybeconfactedat: I I ­ -Pr- maybe � ,contacted - I.: CESAW-OP-9,,,- 69 D.413nIOV Averue, Wil'm_i_ngt_bf4'North Carolina - 284034343, J email: SAWW6bmNAVOffsY6b.@jih� The pex4nitWe will allow the Wilmington District Engineer or his/her representative tu ofthis permit M k. This general permit does not grant any property rights or exclusive privileges. 1. This permit does not authorize any injury to the property or rights of others. m. This general permit does not authorize the interference with any existing or proposed federal project. n. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpemutted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. o. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. p. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) q. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of See t %QEIVED 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the perms provides the Corps with a certification from the Secretary of Commerce that the propfFd2 "I 2 018 DCM WILMINGTON, NC Act: Permittees theyprovidc the r..In cases where tfie meer, dctcrmines, that tbo:awvity- inay affect -properties listed, or eligible for listing, in the National Register ofRistoric Places, and • its codified regulations4 the -National historic Preservation Amendment Aets,bf 1990- and 1992,-the Abandoned Shipwreck Act of 1987 and the Native c ' vProtection Amo an QTra e4 and Repatriation Act, the activity is !iotAnth6rizeduvffi the requirements of-Sectibu.106 of theNatioiiafMistork;Yreservation Act (bWA) have bean satisfied, 0 " the information -described in deut�al Conditf I on,"Z't6:theCorps ifggy preperties.subject to:*P aboye, criterWxnay be affected by the proposed prqjcat'The pbimattee may not begia work until notified'by the Coips thatthe requirements of�dje.NEPA havebeen satisfied and -that the we is S. If You discover any prev'iously-unknown historic, cultural or archeological remains and artifacts while accomplishing th6l activity authorized;by by thispermit you must immediately notify the N.11mingto-n-District Engineer" of what you have f6und, and, to themaximum extentpracticabI6, avoid construction activities -that mav affect the and gffieO,until.the , requiredepordinationlas ,been completed, The ;ton District Engineer wiffinitiate.the Federal, tribal and state coordination to determ. e ifthe item � in s or -remains warrant, -A recovery effort 6-'Jrif the site is .'or listing,in the National-Fegi s 0 r,,P aces. 1, Register Or . f� I t. No aaivityjs authorized under indirectly-jeOpardiZe thdeontinlied,,6xistence of 'a threatened or endangered species or a species proposed' for such designation, as identified under the Federal Endangered Spec or which will directly orl' ' ' "' ad,' - - i - - indirectlyd'estroYlor vdr9OIym6difyAh6oriti6aIl of such species. No activity -is authorized under any -NW, which ',� - may affect' a listed s orcriticat4al4tqi,p4essSection? consiiltafliDnaddrds'- the 6- ­ -proposed -'' $149 effects 'activity has been completed*. mpldted*. information. on threatened and endangered species and Pennittees. must subrpit ['any listedspecies or t-,,PermItteesztay not the ESA have *-Note A Section 7 corisulWibnbas been aoml)lqtod-fo;rteW.'dst:lndiai-Manatee and if the, activity might affect the manatee, the perniftce does not have to-submit.the information in QcnerO C-Ondition,'Y'to the 15isuiot., kngiueeras long the pemilttee, complies with.General Condition Section'7 consultationhas been completed for, the Northern long-care(ibat and the pdmiittd6must sii the information described in. Gcnqr4.Qondition."x7 to the District Engineer prior Wcommencing the activity -if the Wiectmeets the. criteriain,Gexicral Condition "V% u. In order to further protect the endangered West Indian Manatee (Trichechus manatus), the permittee must implement the USFWS' Manatee Guidelines; and strictly adhere to all requirements therein. The guidelines can be found at httn•/Iwww fws gov/nc-es/mammal/manatee auidelines.Z% v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with the United States Fish and Wildlife Service (Service) in regards to the threatened Northern long-eared bat (NLEB) (Myotis seprentrionahs) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the Service. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or to federally -designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non-federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non-NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the U.S. If the project is located on federal land, contact the Corps to determine the lead federal agency. (1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit (RGP) must check to see if their project is located in the range of the NLEB by using the following website: =;//www fws goy/Midwest/endangeredhmammalshileh/pdf/WNSZone od£ Ifthe project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate website in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas on the map), AND/OR; • involves percussive activities within 0.25 mile of a red HUC. Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecolo4W CE EVE D Services Field Office), check the project location against the electronic maps found at: bW-//www.fws.gov/asheville/htmls/prooect review/NLEB in WNC.html. Forthe JUN 2 7 2018 DCM WILMINGTON, NC eastern 59 counties in NO (covered by the RWeigh,E.rblogibgSivmce4sF.Iold Of ficc)x, ,check theproject:Aocatioriagafiistthe electronic,ma foun qts IttgsJ vsf (2) A pehuittee must,submit%aprez.construction notification P (, CN -, ) to the district, engineer, and re ceive•written author ii z6tioh irio'm� the- & ti'ct eng ineer', pricy to' commencing theactivity,if the,activit l'itivaVeeither of the following: ., - 1, - $ �1_1_ I I _ywH ; . - tree Ocaringtremoval, conatructionthistallation.of wmi'dturbina in a red, HUC, AND/01,k,-,, . bridge:r9moval or maintenance; unless the bridge has been inspected and there. is no . evidefice,of bat use, (applies anywhere,.Jn j4p range of he ME% ANWOR. peretigs'I-V-e.,adfi*itiesin-a,tedHUC,,orwithin .0,25mile ofared .H,UC. The permittccmay proceed withthe activity without, submitting,a PCN toeither. the Corps -or the US FW_S, provided the..activity complies -with-all4piiC-i6le'NWP s and general and -regional- ,jcq;� conditions, or all le R(V terms and, general 't rin r �tl �ti�t gh special conditions; e mute -andA.(Z) above Lds e ond and 'e'j review. under, A.(l). shows that thevroieci is: • located outside of a red and there are no percussive aat� and the activity will NOT include I bridge,rqmoyql or maigtanaucpi bridge has been inspected - a : nd I ther0l _. s no eVidehee,of bit -use, OR, locateifout§M64, 4 f6d.-HUG an& there are percussive aWy ' itiM, but the. percussive E#ivitiesmilluot Upoutwithin,025-mille1of - 4,reA HUG boundary, and -the activity will-NOT'include bridge removal, or maintenance, utilessft bridge hasheen inspected'aud.tfiere is no evidence ot. b6tuse-, OR located,'i'a-red HUC, but the activity wilLNOT inolude,tree alearingfremoval; consfruction/instaffation of wind tuibines;jbridge, removal maintenance, or -maintenance, unless the bridge -has beeninspboted and 'there Js no; evidence of liat.use„aud%dr; any Orbliisive activities' B.-Procedures When, the, Corps is; not the fea&f6deral, agency,. For projects where another federal agency is the lead.federal agency f"th -other fqftal agency has: completed projecv-Specific ESA Section _7(a)(2) consultation forat lbe. -NLEB, ' and his (1), determined thafthe project would mmi _ alta III , obibilto& dent , kp ofthe and (2) completed 'eo"o-'rdiftati'6b/eon'sultation,,that,is required by the Service i(per the directions on the respective Service o bc'sM6bsite), thatp-o' bctmayprocced 10. without notification to either the Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are met. The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web Page: M*p://www saw usace army mil/MiWonsftgWatory-Parmit- EgQ�A¢ency-Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910) 251- 4633. w. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. x. For activities that require approval from the Corps prior to initiating any work, the permittee must submit the following information to the appropriate Corps Regulatory Field Office: 1. Name, address and telephone,number of the prospective permittee. 2. Location of the proposed project, including waterbody, nearest community and county. A detailed description of the proposed project, including applicable project details such as width, height, length of structures or fills, piling span, distance from the shoreline, type of materials, location of structare(s), and the amount of proposed impact to waters and/or wetlands. The description should be sufficiently detailed to allow the Wilmington District Engineer to determine that the adverse effect of the project will be minimal and to determine the need for compensatory mitigation. Project drawings should be provided when necessary to show that the activity complies with the terms of the RGP. (Drawings usually clarify the project and when provided results in a quicker decision. Drawings should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans). y. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. z. The permittee must install and maintain, at his/her expense, any signal lights "OECEIVED signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on JUN 2 7 2018 11 DCM WILMINGTON, NC SWIM& work- Transfer in fee simple of the workauthq&ed by permit will automatically teensfer tliisi- espons' ill permit -to the wwowner,,-wi*alI of Ihe,,righJ4.ap#;, b fi Onurneratedhercin. nelpc-='tte.-o'-m-.UstinfiomjEinygubsequctLt,o-wmer of all activities undertakenunderlhe authority, of -this permit and -provide -the subsequent owner whir a copy of the,t6ms and .conditions ,of1hispermits bb. At his sokdisogetiono agy-timp d4d4g-" prqcmm' bistadtt6giue'er may determine that this gwaad p6hnit will speolfic,proposaL. In such,case; iresfbrpro cap qc4 PessIng accordance with 33 CFR 325-whl'be available. cc; Exce ,pt as agoprizgd'by this general permit prany Corps appr pvo mqdWpO to this, gdneialpehjA all fill material placed incraters or wdfian&- " be g-eherated from: an upland source and will be clean and #pe ofiany pQq(ants except q danthies., M6talprodurts,.orgaiiicmaterials(meludini.Aebris.froralana,(51cming 'activities), or unsightly debris wiU,,uot be, used. Od', Except as auko&edby this.generapermit 6raayCdxpd spprovednio.dlflcagat� to.this: geqeral-paratt all ,excavated -material will be disposed of in approved upland disposal areas. 66. AdtiiAtiet=iwhi6hhavbcomineiiaeCLe.,.am--.iinder6.o or ate under provided the, actiyily is pevnWs expiration, mo completed BY AUTHORITY -OF THE SECRETARY OF TIM ARMY. FOR TIARCOMMANDS . Ow $60 McLendon Chief, Rrgd4or y Myigou Wilmington District 12 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James & Mary Ann Lindsey c/o Cape Fear Engineering, Inc. 2. LOCATION OF PROJECT SITE: 510 Shoreline Dr. E. adjacent to the AIWW in Sunset Beach, Brunswick County Photo Index - 2006: 2-66205, 21-K Lat:33°53'07.55"N Long:78°29'58.15"W INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/9/18 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 04/30/2018, Complete- 5/14/18 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification from LUP — Conservation (B) AEC(s) Involved: ES, EW, CW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing — Vacant Lot Planned — New private docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) 2,784 sq. ft. (shaded) (B) Non -Vegetated Wetlands 1653 sq. ft. n Water (incorporate (C) Other 120 sq. ft. Uplands (shaded) (D) Total Area Disturbed: — 4557 sq. ft. (0.1 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No RECEIVED PROJECT SUMMARY: The applicant proposes to construct a private pier and dgong #4w capable of accommodating of up to two (2) vessels. DCM-MHD CITY RECEIVED James & Mary Ann Lindsey c/o Cape Fear Engineering, Inc. Page Two 9. PROJECT DESCRIPTION MAY 302018 DCtij MND CITY The applicant currently has property located at 510 Shoreline Dr. E under contract for purchase, the lot is adjacent to the AIWW in the town of Sunset Beach, Brunswick County. Directions from Highway 17 south of Shallotte: Turn left onto Seaside Rd. SW/NC-904 and travel approximately 3.60 miles. Turn right onto Sunset Blvd N/NC -179 Bus and travel approximately 1.7 miles. Take the 3rd exit at the traffic circle to turn onto Shoreline Drive East. The project site will be located on the right-hand side of the street in approximately 0.6 miles. The entire proposed project site measures approximately 1.9 acres in area and consists of a vacant lot (Lot 7), which is under contract for purchase, and an additional waterward parcel TAX ID 2560000303 that is under contract to be subdivided into three parcels with Lot 7A providing riparian rights for the new property owners of Lot 7 (see attached Ocean Ridge Farms Survey dated 3/26/18). The subdivided parcel would have approximately 90 feet of shoreline frontage and maintains an elevation approximately 9 ft. above Normal High Water (NHW). High ground vegetation, consisting mainly of hardwoods including live oaks and pine trees as well as natural shrubs and herbaceous vegetation, transitions to Section 404 wetlands. A Coastal Wetland area consisting primarily of Bulhush (Scirpus sp.), Black Needlerush (Juncus roemerianus) and Smooth Cord Grass (Spartina alterniflora) extends approximately 476' waterward of NHW. The waters of the AIWW are classified SA; HQW by the Division of Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct a private pier and docking facility capable of accommodating of up to two (2) vessels. The proposed project would consist of a pier measuring approximately 6 ft. in width by 617 ft. in length which would span an area of Coastal Wetlands measuring approximately 464 ft. in width. The pier would terminate at a covered gazebo measuring approximately 14 ft. in width by 14 ft. in length. A finger pier measuring 14 ft. in length by 4 ft. in width would extend to the west from the pier approximately 12 ft. landward of the gazebo. A ramp would extend to the south from the finger pier to a floating dock, proposed with stops at an undetermined depth, measuring approximately 8 ft. in width by 16 ft. in length perpendicular to the shoreline and adjacent to the gazebo. A boatlift, also proposed with stops at an undetermined depth, measuring 13 ft. in length by 13 ft. in width is proposed off the eastern side of the gazebo with an access platform measuring 8 ft. in length by 2 ft. in length. (see Sheets C-1 and C-2). According to the application, surveyed water depths in the vicinity of the proposed slips range from approximately -1.2 ft. to -1.5 ft. at Mean Low Water (MLW). NOTE: Water depths taken have not been verified by DCM Fisheries at this time. There is a navigable slough approximately 140 ft. from the waterward edge of coastal wetlands that will be bridged with a minimum of 6 ft. over NHW for navigability (See Narrative). The proposed docking facility would extend a total distance of 153 ft. into a water body measuring approximately 612 ft. wide. As proposed, this distance would conform exactly to the Y< width rule and would be approximately 80 ft. from the U.S. Army Corps of Engineers 80' Federal Channel Setback. The docking facility, as proposed would not exceed the established pier head line or encroach into either adjacent 15 ft. riparian setback. James & Mary Ann Lindsey c/o Cape Fear Engineering, Inc. Page Three 11. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 1,653 sq. ft. of Estuarine and Public Trust Area and would shade approximately 2,784 sq. ft. of Coastal Wetlands. The proposed configuration of the docking facility would provide docking space for two (2) vessels in unconfirmed water depths ranging from approximately -1.2 ft. to -1.5 ft. @ MLW. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: May 25, 2018 Office: Wilmington IaECENED pCM-MHp Cff`� RECEIVED MQY 10 201g DESIGN NARRATIVE DC"-MHD CITY 1. EXISTING CONDITIONS: The 510 Shoreline Drive E site is located on Lot 7 (Brunswick County Parcel ID 245CD007) of Waterway Oaks residential subdivision in Sunset Beach, Brunswick County, NC. The property is currently owned by Ocean Ridge Farms, Inc. (ORF), but is under contract for James and Mary Ann Lindsey to purchase the property. The riparian rights to lots 6, 7 and 8 are currently deeded to ORF as a marshland parcel identified as Brunswick County Parcel 2560000303 (see attached Brunswick County GIS Map). A portion of this parcel along with the riparian rights appurtenant to that marshland tract are included in the purchase agreement between the applicant and ORE A copy of the sealed survey showing the proposed subdivision of this parcel is attached to this application for reference, and the riparian parcel subject to this application is identified as Tract 7A. The subject project is located on the Atlantic Intracoastal Waterway. The lot is currently undeveloped but is proposed to be a single family residence. The adjacent parcels are single family residential lots and there are existing docks in the vicinity. The effective flood map (Map Number 3720105500J effective date 6/26/16) shows the project area consists of both VE and AE High Hazard Flood zones, with elevations ranging from 15 to 17. 2. PROPOSED DEVELOPMENT: The applicant proposes to construct a 6-foot wide pier to a 14' x 14' roofed gazebo, an 8' x 16' floating dock and a 13' x 13' boat lift. The dock will extend out to 'Adistance of the channel width. Survey data shows that there is approximately 18" of water at mean low water at the location of the proposed dock system. Both the floating dock and the boat lift are proposed to have stops since there is less than 24" of water depth at mean low water. The piles will be driven in accordance to the construction plans and the dock then built along those piles. A site visit by Division of Coastal Management determined that at high tide there is a drainage slough that will need to be bridged over to maintain navigability. The bridge will be a minimum of 6 feet over normal high water, from marsh grass to marsh grass. As shown on the attached Brunswick County GIS Map, the adjacent riparian parcels to the current marshland parcel are Tax Parcels 256CDO05 and 256CD00901. Once the subdivision of the marshland parcel is recorded parcels 6A and 8A will be the adjacent riparian parcels to the proposed development. Initially these parcels will be maintained by ORF, but it is the intent that 6A will be conveyed to the Lot 6 property owner (Tax Parcel 256CD006), and 8A will be conveyed to the Lot 8 property owner (256CD008). To assure all potential adjacent riparian property owners will be notified of this application, ORF and the property owners of Lots 6 and 8 will also be notified of this application. Below is a summary of the referenced Tax Parcels and the corresponding owner informatiorhECEIVED MAY 1 4 313 DCM WILMINGTON, NC men Mr-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name James MI Last Name Lindsey Applicant 2: First Name Mary Ann MI Last Name Lindsey If additional applicants, please attach an additional pages) with names listed. Mailing Address PC Box 1374 City Denver State NC ZIP 28037 Country USA Phone No. 704 - 677 - 5175 ext. FAX No. Street Address (rf different from above) City State ZIP Email 2 Ag&WContractor Information Business Name Cape Fear Engineering, Inc Agent/ Contractor 1: First Name MI Last Name Elizabeth M Nelson Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State 151 Poole Roads Suite 100 Belville NC ZIP Phone No. 1 Phone No. 2 28451 910 - 383 -1044 ext. ext. FAX No. Contractor # 910 383 1045 Street Address (d different from above) City State ZIP Email elizabeth.nelson@capefearengineering.com RECEIVED RECEIVED <Form continues pn, "Vv 2018 �V�H APR 3 0 2018 DCM-MHD CITY r� ,A, 252-808-28oa :: 1.888.4 R C0 AST :: w w w. n c c o a s t a l m arPQ4 WAN)WONr NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Locadon County (can be multiple) Street Address Stale Rd. al Brunswick 510 Shoreline Drive E Subdivision Name City State zip Waterway Oaks Sunset Beach NC 28468 - Phone No. Lot No.(s) Id many, attach additional page with list) ext. 7, 7A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River Atlantic Intracoastal Waterway 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 Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit are proposed ®Yes []No work falls within. Town of Sunset Beach 4. Site Description a. Total length of shoreline on the trait (ft.) It. Size of entire tract (sq.ft.) 90 82,210 SF c. Sae of individual lots) d. Approximate elevation of tract above NM (normal high water) or 26,135 SF, 56,075 SF, NWL (normal water level) (If many bt sizes, please attach additional page with a fist) 9 ONHW or ❑NWL a. Vegetation on tract Upland grass and Coastal Marsh Grass f. Man-made features and uses now on lracl undeveloped, vacant g. Identify and describe the existing land uses adiacent to the proposed project site Residentialh. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Maintland Residential MR-2 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? Dyes ONO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes. by whom? I. Is the proposed project located in a National Registered Historic District or does i Involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continu44r*CAE&:'Ae> RECEIVED MAY 3 0 2018 MAY 0 7 2018 252•808 2808 :: 1.86a•4RCO AS DCM_IXAl 011(a't(a It I m a n a g e m e n I. n et fllJ DCM WILMINGTON, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, i/available) n. Describe existing wastewater treatment facilities. Sewer o. Describe existing drinking water supply source. Municipal Water p. Describe existing stone water management or treatment systems. Storm Sheet Flows 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential Use 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. Piles will be placed then dock built with the piles as supports d. List all development activities you propose. Construction of wooden pier walkway, gazebo, boatlft and floating dock e. Are the proposed activities maintenance of an existing project, new work, or both? New Work I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑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? It. Describe location and type of existing and proposed discharges to waters of the state. Stormwater runoff will sheet flow i. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED RECEIVED <Form continues on back> APR 3 0 2018 MAY 3 0 2018 n ��un n� DCM WILMINGI NC 252-808-2808 :: 1-888-4RCOAST :. wwDCiilltMki )aCAWa 9 e m e n I. n et Farm 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 Boyer Warren H Trustee Phone No. Address 2955 RT 97, Glenwood, MD 21738 Name Busche John C IV et Christine Phone No. Address 506 Shoreline Drive E, Sunset Beach, NC 28468 Name Ocean Ridge Fawns Inc. Phone No. Address 1350 Hickman Road NW, Calabash NC 28467 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. 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 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. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. Date _April 24, 2018 Print Name Elizabeth Nelson / Authorized Agent MAY 3 0 2018 Signature I �� I DCM-MHD CITY Please indicate application attachments pertaining to your osed 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 APR 3 0 2018 DCM WILMINGTON, NC 252-808-2808 :. 1.888.411COAST :: www. nccoasta lmanagement. net 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/Govemment OPrivate/Community ❑This section not applicable b. (i) Will the facility be open to the general public? [-]Yes ONO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? *Yes I INo (if) Number 1 If yes: (III) Length 617' (ii) Number 1 (iv) Width 6' —{- (iii) Length "{ (v) Floating ❑Yes ONO (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes ❑No I. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number, '77 (if) Number 1 (iii) Length 16'. 14'. 8'. _ (iii) Length 13' (iv) Width 8' 14' ' (iv) Width 13, (v) Floating ®Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service D ❑ 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: N/A 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: 27' j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). OPEN RUNABOUT I. (i) Will the facility be open to the general public? ❑Yes ONO m.(1) Will the facility have tie pilings? RECEIVED ❑Yes ONO RECEIVED (ii) If yes number of tie pilings? APR 3'0 2018 N/A MAY 3 0 2018 DCM WILMINGTON, NC 252-808-280e :: 1.Gas-4lxcoasT :: www.nccoastaimanaoement.niCM" revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITf'/MARINA OPERATIONS 0This 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 "Punpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. 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 marina 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? m. Is the marina/docking facility proposed within a primary or secondary nursery area? MAY 30 2018 APR 3 0 2018 ❑Yes ❑No DC"-MHD CIT)lbCM WILMINGTON, NO 252-808-2808 :: 1-888-4RCOAST :: www.ncco_astaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? 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. BOA THOUW (rlatmftomwed iris) ®This section rat applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Govemment ❑Pdvate/Community (ii) Number (III) Length (iv) Width Note: Rooted areas are calculated from ddpline dimensions. 4. GROW (e.g., mood, sheefpile, etc. If a rock groin, use MP-2, Excavation and Fill) ®This section not applicable a. (i) Number III) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not appllcable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not appilcable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Communily c. Distance to be placed beyond shoreline Note., This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 302018 DCM-MHD CITY RECEIVED APR 3 0 2018 DGM W' M'NGTAAI NG 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 12/27/06 Form OCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 612' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. WA b. Proximity of structure(s) to adjacent docking facilities. +/- 135' from dock to west, +/- 80 from dock to east d. Water depth at waterward end of structure at NLW or NWL 18" AT NLW $. OT fit ®This section not applicable a. Give complete description: April 24, 2018 Date 510 Shoreline Drive E, Sunset Beach Project Name Mary Ann and Jim Unsay Applicant Name Elizabeth Nelson / Authorized agent Applicant Signature I�� RECEIVED MAY 3 0 2018 DC"-MHD CITY RECEIVED APR 3 0 2018 DCM WILMINDCM WILMIN ,TONN_ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12'27'06 Brunswick County GIS Data Viewer 401 501 -503 - ■ 405 ■ ■ tNt of, E G 403 SHOREI. V1 Jl�i ■ W 6 YO 506 ■508 H .�gt;tNE ORE 5(A ■ OR c 502 HOREL1NE O 317 404 510 SHORELINE =' IDRIVE E 311 • r ;t0 E1 ■ v n F < rT1 2 m z o c) -4 i o m O z v z c� 262018, 7:34:50AM ■ Addresses — US Hwy Minor oads . — NC Hwy Parcels Interstate — State Road Condo 17 ■ 5: 15 523 Ill 527 TWISTED OAK LN 514 ■ 516 ■ ❑ 520 ■ J Sunset Beach J� a Parcel t7 � 0 524 1:2.454 0 0.02 0.04 0.08 mi 0 0.0325 0,065 0.13 km Brumwia C.v, , GIS Wv IaCoi y Brvnwia Cauvy G N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date May 1, 2018 Name of Property Owner Applying for Permit: James and Mary Ann Lindsey Mailing Address: P.D. Box 1374 Denver. NC 28037 I certify that I have authorized (agent) ELIZABETH M NELSON, PE to act on my CAPE FEAR ENGINEER behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) clock. pier. gazebo and boat lift at (my property located at) 510 Shoreline Dr East, Sunset Beach. NC 28468 This certification is valid thru (date) May I. 2019 /8 Property Owner Signature V Date RECEIVED RECEIVED MAY 0 7 2018 MAY 3 0 2018 DCM WILMINGTON, NC DCM-MHD CITY Tax Parcel 256CDO05 Busche John C IV et Christine 506 Shoreline Drive E Sunset Beach, NC 28468 Tax Parcel 2560000303 Ocean Ridge Farms, Inc. 1350 Hickman Road NW Calabash, NC 28467 Tax Parcel 256CDO08 Cadwell Bruce etux Cadwell Wendy 1708 Round Turn Road SW Ocean Isle Beach, NC 28469 Tax Parcel 256CDO0901 Boyer Warren H Trustee 2955 RT 97 Glenwood, MD 21738 Tax Parcel 256CDO06 Friesleben Marjorie & Deluca A L 508 Shoreline Drive E Sunset Beach, NC 28468 RECENED MAY 3 0 2018 DCM-MHD CITY RECEIVED MAY 14 2013 DCM WILMINGTON, NC CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested May 1, 2018 Busche John C IV et Christine 506 Shoreline Drive E Sunset Beach, NC 28468 RE: 510 Shoreline Drive E Sunset Beach, NC CAMA Major Application Dear Property Owner, On April 30, we trailed you a notification regarding a CAMA Major Permit application to construct a new dock and boat lift adjacent to your property. Please note that the notification letter referred to an application on behalf of 501 Shoreline Drive E, and should have noted 510 Shoreline Drive E. The applications and drawings attached to the April 30, 2018 correspondence were correct. Sincerely, Eliz M. Nelson, PE File: 875-270 "38" ' ECFvj�D MAY 3 0 ?018 DCM MNO C'rY RECEIVED MAY 07201E DCM WILMINGTON, NC 151 Poole Road, Suite 100 • 8elville, NC 18451 • TEL: (910)383.1044 • FAX (910(383- 1045 ww w. cope/ care npineerin 9. com CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested May 1, 2018 Boyer Warren H Trustee 2955 RT 97 Glenwood, MD 21738 RE: 510 Shoreline Drive E Sunset Beach, NC CAMA Major Application Dear Property Owner, On April 30, we mailed you a notification regarding a CAMA Major Permit application to construct a new dock and boat lift adjacent to your property. Please note that the notification letter referred to an application on behalf of 501 Shoreline Drive E, and should have noted 510 Shoreline Drive E. The applications and drawings attached to the April 30, 2018 correspondence were correct. Sincerely, E be M. Nelson, PE File: 875-270 "38" RECEIVED MAY 3 0 2018 DCM-MHD CITY RECEIVED MAY O V111 DCM WILMINGTON, NC 151 Poole Road, Suite 100 • 8elviile, NC 18451 • rEt: (910)383.1044 • FAX (910)383- 1045 www.capefearengineering.com CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested May 1, 2018 Ocean Ridge Farms, Inc. 1350 Hickman Road NW Calabash, NC 28467 RE: 510 Shoreline Drive E Sunset Beach, NC CAMA Major Application Dear Property Owner, On April 30, we mailed you a notification regarding a CAMA Major Permit application to construct a new dock and boat lift adjacent to your property. Please note that the notification letter referred to an application on behalf of 501 Shoreline Drive E, and should have noted 510 Shoreline Drive E. The applications and drawings attached to the April 30, 2018 correspondence were correct. Sincerely, Elizelson, PE File: 875-270 "38" RECEIVED ECEIVED MAY 0 7 2018 MAY 3 0 2018 DCM-MHD CITY DCM WILMINGTON, NC I5r Poole Road, Suite 100 - eelvllle, NC 28451 - TEL: (910)383.1044 - FAX (910)383- I045 www.copefearen9lneerin0. cam CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested May 1, 2018 Frieleben Marjorie & Deluca A L 508 Shoreline Drive E Sunset Beach, NC 28468 RE: 510 Shoreline Drive E Sunset Beach, NC CAMA Major Application Dear Property Owner, On April 30, we trailed you a notification regarding a CAMA Major Permit application to construct a new dock and boat lift adjacent to your property. Please note that the notification letter referred to an application on behalf of 501 Shoreline Drive E, and should have noted 510 Shoreline Drive E. The applications and drawings attached to the April 30, 2018 correspondence were correct. Sincerely, It Eliza M. Nelson, PE File: 875-270 "38" RECEIVED RECEIVED MAY 072M13 MAY 3 U 2018 DCM WILMINGTON, NC DCM.MHD CITY 151 Poole Road, Suite 100 • Belvllle, NC 28451 • TEL: (910)383.1044 • FAX (910)383- 1045 www.capetearengineering.com CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested May 1, 2018 Cadwell Bruce etuc Cadwell Wendy 1708 Round Turn Road SW Ocean Isle Beach, NC 28469 RE: 510 Shoreline Drive E Sunset Beach, NC CAMA Major Application Dear Property Owner, On April 30, we mailed you a notification regarding a CAMA Major Permit application to construct a new dock and boat lift adjacent to your property. Please note that the notification letter referred to an application on behalf of 501 Shoreline Drive E, and should have noted 510 Shoreline Drive E. The applications and drawings attached to the April 30, 2018 correspondence were correct. Sincerely, E ' th M. Nelson, PE File: 875-270 "38" RECEIVED MAY 3 0 N18 DCM-MHD CITY RECEIVED MAY 0 7 2018 DCM WILMINGTON, NC 1S1 Poole Road, Suite 100 • Belville, NC 18451 • TEL: (910)383-I044 • FAX (910)383. 1045 www.copefearengineering. cam R d RECEIVED MAY 3 0 2018 DCM-MHD CITY VEID DGM WILMINGTON, NC - MAY 232018 ■ Complete It*}n 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 mallplece, or on the front If space permits. Cadwell Bruce etuc Cadwell Wendy 1708 Round Turn Road SW Ocean Isle Beach, NC 28469 �a�lT,, "i AMI 71—1mr D. Is delivery address different from Item 17f 1101 It YES, enter delivery address below: ❑ No 3. Servicelyps ❑Priomy Mee Drag" RegisteredAdult IIIIIIIIIIIIilllllllllllllllllllllllllllllllll ❑ � Signature ResMated Delivery D Iatered Mae ReAdond �ce neaw aecelpt 9590 9402 1404 5329 2444 84 arias Mal lm Dewey D for Mercha,Wlse (I collect an Dafvery collectan Restrkbd 0,41vary U D Signature ConNmelbnry 2. Article Number (Rmtsler from servlce labeq 7016 3010 0000 7799 7744 In us Mdlewy nsured Mall Resirlaled Delivery Rosulotod DNNery, aver$som PS Form 3811, July 2015 PSN 753042-000-9053 Domestic Return Receipt ; ■ Complete Iteh19 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 mallpiace, or on the front If eases Dennits. Ocean Ridge Farms, Inc. 1350 Hickman Road NW Calabash, NC 28467 B. D. is delivery address different from Item If YES, enter delivery address below: 3. Mail D Ada S01galwa 0Regrity 6teedMal� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ❑ Atlult rs fleslrktetl Delivery ❑Registered Mail Restricted ed Maft n returnReoelpt for 9590 9402 1404 5329.277 i�iim Mall Rai C RaiDelivery ❑ Collect an Derrv&y' Manhandles 2. Article Number (rmnsfer from SWWW lai ❑ Collect an Dei Restricted oelnrery " n Sgalurs Congmauon" ❑ Signature Confirmaton 7016 3010 0000 7799 7' Insured Mal murad Mai Restriotad Delivery Resldaud Delivery over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ 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 mailplece, or on the front if space permits. 1. Article Addressed to Boyer Warren H Trustee 2955 RT 97 Glenwood, MD 21738 IIIIIIIIIIIII111111111111111111111111111111111 9590 9402 2800 7069 7846 92 7017 0530 0000 0531 1991 A. Signature x i I /' _ .f ., °Agent .— D. Date of Delivery D.ladeliveryaddressdifferenlfromitemt? ❑Nor It YES, enter delivery address below: Cl No aervlw type A Priority Mall Express® Adult Signature ❑RegisteredMall- Adult Signature RestdcledDeUvery rJ Registered Mall Restricted .Certifien Mails Dalrvery Ceneied Mail Restnoted Delivery ❑ Return Receipt for Coeecton Delivery Martnaradiss Collect on Delivery Reatrlctad Delivery ❑ Signature Carristr tbn"t Inswed Mao ❑ Signature Conermatlon Insured Mall Restricted Delivery l—,t. Raslriclad Delivery PS Forth 3811, July 2015 PSN 7530-02.000-9053 Domestic Return Receipt DCNi WILMINGTON, NC MAY 232018 RECEIVED MAY 302018 DCM-MHD CITY ■ 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 mailplece, or on the front if space permits. 1. Article Addreeal to: Busche John C IV et Christine 506 Shoreline Drive E Sunset Beach, NC 28468 D.Y9 delivery address different from aern 1? ❑ lee If YES, enter delivery address below. ;" 3. service Type Pil ❑Priority Mall EV MalMall III'IIIII IIII IIII II III ❑ Adult Signature ❑ le (IIIIIIIIIIIIIIIIIIIII ❑ Adult Signature Restricted Delivery ❑ Regl� Mall Restricted rtiged Mail® DDedr 9590 9402 1404 5329 2444 91 itined Mail Reaatoled Delivery ❑ Re m Ro a pt for ❑ Collect on Ds" MorchaMi' 2. Article Number (Ransrer frerrl aerY/(.Y kbe9 ❑ Collect on Dellvery Restricted Del" ❑ Signature Conflrmeuon"' —' awed Mall ❑ Signature Confirmation 7015 3430 0000 8220 3275 vxod Mall Restrcted DolWery Reeldped Delivery we.55po) Ps Form 3811, July 2015 PSN 7530.02-000-9053 Domestic Return Receipt ■ Complete Items 1, 2, and 3. ■ Prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpieoe, or on the front If space permits. 1. Article Addressed to: Ocean Ridge Farms, Inc. 1350 Hickman Road NW Calabash, NC 28467 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIII 9590 9402 2800 7069 7847 39 2. Ankle Number (Transfer from servi label) 7017 0530 0000 0531 1960 PS Farts 3811, July 2015 PSN 7530-02-000-9053 ■ 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 maiiplece, or on the front if apace permits. Boyer Warren 11 Trustee 2955 RT 97 Glenwood, MD 21738 IIIlilllllllllllllllllllllllllllllllllllllllll 9590 9402 1404 5329 2445 07 7015 3430 0000 8220 3268 PS Form 3611, July 2015 PSN 7530-02-000-9053 12 delivery addrass different from Item 17 YES, enter delivery address below: Agent 3. Service Type ❑ Priority Mall Express® El Adult Signature ❑tered leMallm ❑ Mud Signature Restricted Delivery Cediffed ❑ qccg Ialored Mall Restricted Mall®, ❑ Certlged Mail Restricted Delivery iii ❑ Mum Receipt fro ❑ collect on Del Merchandise ❑ Coiect on Delivery Restricted Delivery ❑ Signature CoofFinatmTm I r insured Mail ❑ Signature corikmation nsured Mail Restricted Delivery Restricted DelNtty aver5500) Domestic Return Receipt A. Si aturo X ❑ Agent _ ClAddre D. R � (RMt sd NemeJ C. Opts i I IVvCv. s l�. D. Is delivery addoas different from Item 17 C7 Yth If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑Adult Signature D Registered Mellor ❑ Adutt Signature Restricted Delivery CediOed Mail® ❑ Ragdslered Mall Restricted DeINsay Certified Mail Reatrcted Delivery ❑ Return Recelpt for ❑ ci liect on Dollvery Me o andlas ❑ collect on Ddivary Realdcted Delivery ❑ Signature Congnnatbn"' n jorri Mal ❑ Signature Confirmation nani Mall Restricted Delivary Restricted Delivery over$500) Domestic Return Receipt EL, DGioi WILMINGTON, NC MAY 2 3 20NECEIVED MAY 3 0 2018 DCM.MHD CITY ■ 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 mailplece, or on the front if space permits. 1. Artcle Addressed to: Cadwell Bruce etuc Cadwell Wendy 1708 Round Turn Road SW Ocean Isle Beach, NC 28469 IIIIIIIIII IIII IIIIIIIIIIIII IIII I IIIIIIIIIIIIIII 9590 9402 2800 7069 7847 08 7017 0530 0000 0531 1-, PS Form 3811, July 2015 PSN 7=-02-000-9, ■ 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 permHs. 1. Article Addressed to: Fr;e1e� Mar�ac;e� neWca A L 5d8 ,V)O M\Nt\e Dn,j-6 SunS2Xhr I\IC. 2£s` 9 III IIIIII IIII III (IIIIIIIIII IIII I III IIII IIIIII III 9590 9402 2800 7069 7847 46 •017 0530 0000 0531 1977 PS Farm 3811, A 2015 reN7ls3ao2-0oo ■ 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 Frieleben Marjorie & Deluca A L 509 Shoreline Drive E Sunset Beach, NC 28468 13 Agent ❑ Addrs D. Is delivery address different from Item 1? 0 Yet R YES, enter delivery address below: IJ No aervicu lypu ❑ Priority Mall Expresse Ea Adult Signature ❑ Registered Mail'- ❑ dull Signature Restrictod Delivery Certified Maile ❑ RReeggistemd Mall Restricted Dekvary ❑ Cerlltiod Mail Restricted Delivery ❑ Return Receipt for ❑ Collect en Delivery Merchandise ❑ Collect on Detivory Restricted Delivery ❑ Signature Cenfxmationnr ❑ Insured Mall ❑ Signature CoM✓megon t] Insuretl Mail Restricted Delivery Naetricted Desvory Domestic Return Receipt (Pdnted Nome/ 10. Date of Delivery Is olehiery address different from item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mahn^ ❑ Adult Signature Restricted Delivery ❑ Reglsf;ed Mall Restrkta•' KCeditlad Mel® Delivery l3 Cen+fred Mail Restricted Delivery ❑ Return Recelptfor ❑ Cdlect on Delvery Merchandisa ❑ Cdlecl on Delivery Restricted Denvary ❑ Signatura CmfYmatian"' ❑ Insured Mail ❑ Signature Codirmagon ❑ Insured Mail Restricted Delivery Reatdcad Delivery Domestic Return Receipt -urgent by (Printed Neme) 10. Date of Delivery D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type L) Priority Maill III IIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Adult %aIIIIII ri pa ❑Adult SRsaed Delivery C'rbsad e ❑ ReIstored Mall Restricted 9590 9402 1404 5329 2445 14 ca geed Mel Reslrked Delivery Rsy ❑ eturnn Receipt for ❑ Collect on Dallvery Merchandise 2. Article Number (Ranallartironeseeks kiW ❑ Collect on Delivery Restricted DalNery ❑ Signature Confamauon'" "7lrre,xad Mail ❑ Signature Confematlon 7015 3430 0000 8220 3251 tlnwred Mel Reslrcted Delivery Restdded Delivery PS Form 3811, July 2015 PSN 7530-02.000.9053 Domestic Return Receipt CERTIFIED MAIL: RECEIPT Co rr rq m f i4_.�'G`I' �"SE 0 0406 o D,r,..s.aarsw�c.mM.4 33 O 0�•••A•b�= t a O�ra+..A�ir.r t___ N.vf p.arlw..Arwpr.l, t—— in t1.63 o r.w .83 04/30/2018 r- se .. M1 sre Busche John C IV et Christine cry 506 Shoreline Drive E Sunset Beach, NC 28468 Postal CERTIFIED MAIL' RECEIPT 0 Domestic ..o Allil Only A IAL USE Ln s 0406 � A"1MIkasWM.�� W tJw^nop MbwA 1 3 0 O —m�W t]M.•s M.obmkl 1—y+�V-•�VVUI pWbWM 0 00. MOA•rkM 00 Nw paw wa.n»w�,�w orw t 0 m '°° .6.63 0 C3 04/30/2018 ar .�.. P 83 rM1 8e. 0 shv Ocean Ridge Farms, Inc. M1 1350 Hickman Road N W Calabash. NC 28467 s u- ra a m Ln 0 0 0 0 0 0 m Ln 0 M1 ra 0 M1 PON= HM $1.63 04/30/2018 1:83 Cadwell Bruce etuc Cadwell Wendy - - ---- 1708 Round Turn Road SW ......... Ocean Isle Beach, NC 28469 14 "M17 FP M I A L rnO~UOFWt3.43 C3 %1,wlNM1 "To, Q 1]M.na.e.b.f�OmO/1 + VlJ O t7Ann N.otp (..�.wY t— C3 l7a.n•etw A..a.aaw.r t_�.fl0_ 0 POMP $1.63 m 0 83 M1 - a 0 SF Boyer Warren H Trustee M1 2955 RT 97 Cyr Glenwood. MD 21738 ra au FT+IVi TeA L rn t3.45 `n $ 73 C3 n�.wea.aiM1E�':80"tl 0 0""" "" f.••oe ' o ptM.,,Aaptiebq + o Oc.rewAwwew.1 + 0 O� SWa ft4 r + $000_ 0,w7r.,r.Ararn + Posho m $1.63 0 .83 M1 ri M1 &inl Frieleben Marjorie & Deluca AL 508 Shoreline Drive E Sunset Beach. NC 28468 Votlmnk n•• 04/30/2018 1� RECEIVED MAY 3 0 2018 DCM-MHD CITY RECEIVED DRAY 0 7 2018 ao+knuk H" 04/30/2018 DCM WILMINGTON, NC ra Ln M1 M1 O' G' r M1 O C3 O G 0 ra 0 m .A ra 0 r A Ln N m c ti ru m C O 0 0 0 m 7 m M A 0 M1 f $3.45 P m1me,k Hero arpwa f .n nn anukworw.r f E0,°0 05/01/2018 $6.70 Ocean Ridge Farms, Inc. 1350 Hickman Road NW Calabash, NC 28467 RECEv,t�o MAV 30 D2018 CM,MHv C17Y s 7 f F 1` n 0 .1 ' l3.45 0402 r $ 41 7r 12 Q ❑ark rwwf-&WA f O Owe•,fRwMKWI f Pofbr,l p Oo•a1MWNWW"QM•y f IUw o 0A ft ft*M f e nn Ob+'�v+ufrve•adw.r f rq ronep. E0.`0 0 05/01/2018 M 70 t rr9 son -_--- M1 'Wre Cadwell Bruce etuc Cadwell Wendy ............ Cry 1708 Round Turn Road SW -.----.____ Ocean Isle Beach, NC 28469 Postal CERTIFIED MAIL@ RECEIPT m .A ru m T)1P Flog ru eA M — ru = $3.45 0402 COce. en Al7n+erc.m•. 12 O Oaw.ewoewaWmron f pOhaen Mw+gM.oYonV i _ PO*Wk OcwwWn.Nn.eor.«r f—_:n�o _ H" C3 O�nwf4.e..�xa f pw fyr.ew..io•nco-'f " C3 m E0,50 m 7 • 05/01/2018 E6,70 • Ln r. o saw Boyer Warren H Trustee —•-- - 2955 RT 97 Glenwood, MD 21738 Ln M1 ru m 0 ti N Co O O G O O m M m ui 0 M1 Busche John C IV et Christine 506 Shoreline Drive E Sunset Beach, NC 28468 '.API u2015'SN 7,10 U3 OW BOU See RECEIVED WAY I 7 2018 DCM WILMINGTON, NC ROY COOPER Governor ' MICHAEL S. REGAN 1 secmwy BRAXTON DAVIS Coastal Management oAauor ENVIRONMENTAL QUALITY May 25, 2018 Cape Fear Engineering, Inc. c/o Elizabeth Nelson 151 Poole Roads Suite 100 Belville, NC 28451 Dear Ms. Nelson: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for James and Mary Ann Lindsey, for State approval for development of property located at 510 Shoreline Drive East located in Sunset Beach, Brunswick County. It was received as complete on May 14, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision July 28, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 14, 2018 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. Sincerely, /UV _ Tara MacPherson 4� Field Specialist cc: Heather Coats, DCM Doug Huggett, MHC Curt Weychert, DCM Fisheries RECEIVED MAY 3 0 2018 ACM-MHD CITY Liz I-tair, COE James and Mary Ann Lindsey, Applicant Sunset Beach LPO State of North Carolina I Fmmomennl Quality I Contal Mmngemmt 127 Cardinal Drive Ext., Wilmington, NC 29405 910.796-7215 � ti U o U 2 U NOTI(O"017, O CAMA PERMIT APPLIES FOR PRTJgTconstruct a new private docking fa a rjjT;TA I • - - • County. COMMENTS ACCEPTED THROUGH i APPLICANT: Agent: Elizabeth Nelson (910) 383-1044 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div. of Coastal Management -127 Cardinal Dr. Extension Wilmington, NC 28405 Tara MacPherson Field Specialist 910-796-7425 ROY COOPER Governor MICHAEL. S. REGAN Secretary Coastal Management ENVIRONMENTAL OVALITV May 25, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • James & Mary Ann Lindsey / BR Co. • Wilmington Airport Authority / NH Co. Hello Angie: Please publish the attached Notice in the Wednesday, May 30, 2018 issue. BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Shaun K. Simpson (/ Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM RECEIVED MAY 3 0 Z018 DCM-MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern, as designated under the CAMA: On May 14, 2018, James & Mary Ann Lindsey proposed to construct a docking facility at 510 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County, and on May 10, 2018 the Wilmington Airport Authority proposed to update an existing stormwater system and construct a rip rap outfall area adjacent to Smith Creek at 1740 Airport Blvd, off of N. 23rd St, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (BR Co.) and Brooks Surgan (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to June 20, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 302018 DCM-MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 ADDENDUM TO OFFER TO PURCHASE Whereas, Buyer entered into an Offer to Purchase and Contract for Vacant Lot/Land for the purchase of 510 Shoreline Drive East, Sunset Beach NC 28468 (Parcel# 256CD007) from Ocean Ridge Farms, Inc. (Seller); Whereas, Buyer and Seller agree that the sale of the above -referenced property shall include a portion of the marshland adjacent to the above -referenced property (known as Parcel #256000303), per survey to be paid for and provided by the Seller and reviewed and approved by Buyer prior to closing, as well as riparian rights appurtenant to that marshland tract. The portion of the marshland apportioned to the Buyer must be of sufficient location and frontage to obtain the necessary permits for installation of a future dock and boat lift. Whereas, the Offer to Purchase is hereby appended to clarify that the purchase of 510 Shoreline Dr E, Sunset Beach NC 28468 (Parcel# 256CD007) shall include conveyance of a portion of the marshland tract knows as Parcel#256000303, sufficient to meet the criteria stated above. "In the event of a conflict between this addendum and the Offer to Purchase and Control, the addendum shall control." Buyer: / , JaNtes KlChard !-l�owf PM EOT18 07:31 Date: James Lindsey ) farq-"f t Lc sect C7 OT41 PM �� Date: 07:41 PM EDT Mary Ann Lindsey Seller: Ocean Ridge Farms, C. Date: 2 ` By: "I Printed N GcQC— Title - "PREsi O(EA T RECEIVED MAY 3 0 2018 DCM-MHD CITY u �0 93DEC -1 F11 i2� �� mdmTe The lat ma. _._...___,._.-_ ___......._-...__..___.. ......__- Perad Bdeati6m No .....15600001-.__......... ._........_...__....._ceedy"tbs......... .._ dey 9f - q—_._..—__.___.....___._.._....._..._..._......._._..._...._.._. lug aft" estendine Is ........_.._.. .... ........__.._.....__. ...._ __.... ....... . .. ........_.'__........ .. Thi.Iutrooeatwmprepucdbr. STAN" 6 STMLCY..rVUW$gM.JT.LAU._SUALID ...NC .3M59 .__..._.. _ Brief deacnll. fur the ledrr NORTH CAROLINA GENERAL WARRANTY DEED THISDEEDmadethin. i st__._ dey of .Np•,M�F_. ... . .,,93 F MMW H. GORE* SR. and wife. DINhN E. GORE cmu; RIDGE FARMS. INC. - a North Carnlrna corporatian with so office located ad 351 Ocean Ridge Pkuy SR tNr ores, Isle Beach, NC 30469 LV /qtW rats m .yrteMWa al.ce rm m sans: a.v..se*e..:nd. u .vw•rlata **mite u *etlh...a mr.an.. ± ai^tl� The duj,=,m Gn,lar mid Granlee se wed he .b.11 md.dr mid partw., tbe�,i.FRfmrrma ae.tea., w shell isclude staeurr. Plural, me*cabee, frmi.m or neurr .* repuin d by coolest N'fINESSETH. IY, the Gmnmr, fur a valmbl. r uldrmlW paid by tbc Grantee. th. mreipt of which i. twrt y eehaawl.dpol hu and by three prwrou doe scent, bvpin...It end ronM unm the GnuMas Is Ge i®plc. Mt Nor ..min lot.* Wand of Imd.itualN in the city .f .. ___.... __ _.......... _ _ _ .._ _..._.._ SMllotts ._. _._-_ T..Aux _.....D[uaswirk _...__. Cu..ty. North Ceco1W and mars mrlic- ull dewAh u f.11awr. DCING all of that parcel of land lying between tun sloughs M the North side of the Intxa-Cnastal Wcerway Canel atW located on the South side of Shozelim ,rivet and being tare particularly described as f011owSc 9EGItim in the center of the wssterneost slough as it intersects with Sttozelim Drive, the wmternenet slough being located appro,isacely 2300 feet east of the interssttioo of Shoreline Drive and Susnet Boulevard' rues thence with the centerline of the wsst.rmost clovg4 in a southerly direerico to its totersection with the northern right-ofway line of the labs -Coastal mrseway Canals runs thence in an easterly direction and with y he northern right-of-way line of the ICanal ntra-Coastal Waterway ap :toaima 2500 feat to the centerline of the eacvrnenet elouiib (second sloughl with its intersection . with the northern right-of-way lint of the Iatra-Coastal Waterway, r"os then', in a northerly direction end with the resterllns of the eAsterneo.c slough n o its with Line inter - entries, with the southern right-of-wey line of Shoreline Drive: he Southern right -of ray line of Shoreline Drive Approximately 2600 feet to the center 0 of the westernsost slough* the Point and Place of DMINNUS. 4 fVOR this "a the follawlAq Property identified by gook and Page number a the Brunswick Negistry- Eacch ai (CayflNUED OR REVERSE) x t m....r ...� x..l t•.ett s..�aa RFCEIVAAD Mq y 3 0 2018 ocM MNo clr, Lonwreace baraby n.ceptod being a lot or PAx ��.frvtpe�y of" ay barelabpfore daaerlbedt p C C .')' n J .. PAICLT. 12 Btpk 362 ac Page 523. MMM 12 Bwk 328 at Page 686. PA2= 13 Book 266 at Page 20. PMJK= Id I).nk 238 at Page 225_ PAA= 15 Book 227'at Page 757. PARCEL 16 Ac.k 274 at Page 346. FA $7 Bnolc 213 at Page 892. PAPm. 98 Hoak 209 at Page 262. FIJI= 19-_Hook 572 at Page 162. PA$KZL 110 Book 620 at Page Sad. - PAaCF7. ell Book 367 at Page 462. 7ba prapers, b"nobur. doc.ibr wa..M.1 ed by Grantor b lo.truswt r.rorded b A rw akod.P la. obeys deaaribed Prepay Is reusd.d 1. Pbt Bank .__ __...- — TO HAVE AND TO HOLD the afora.)d be or parcel of bad and W prhBetes and apportensnaa ll a belonrbl b u. Grow b fee elmpl . And the G.I. ca.ee..b dab the Craota. Chet Granby I. a.imd of the promi.0 1. fa .unpl.. has I6e right b aonf.y W r® In fee a1mPlR Ih.t idle b sukenahM ..d fra and clear at.11 mrombr.nw o.d that Cra.br will w..ra W and dafand nhe tftb.a.irt the lawful rlai.w of all paoob whom .... er sarept for th. eacep6... herei..(ta .a.nd. 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W weeny berg r Mean be be r �vu_""wr WaW Yoga arPrtlY.r_._.wY _eta_ suns seer STATE OF NORTH CAROLINA COUNTY OF BRUNSWICKt?a>w- The Forgoing (or aa.Yacd) Cr. if.tc(s) .1 Notarp(ies) Public lis)(arc) Ccrnficd to be Corr This losssumeoa wasfticd for RcX6tmtiaoon the Day and Nola in the Book and Pap she" on the I" Pap betend- J. aDa N. ayiva 0 1a .�h 02018 ) C/Ty, RECEIVED MAY 3 0 2018 OFFER TO PURCHASE AND CONTRACT - VACANT LOVLAND [Consult "Guidelines" (form 12G) for guidance in completing this form] DCM-MHD CITY 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 600-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Properly 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 term. (a) "Seller": Ocean Ridge rams, Inc. (b) "Buyer": James Richard Lindsay, Mary Ann Lindsey (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 2A 1 1-T) with this offer. Street Address: 510 Shoreline Dr B City: Sunset Beach Zip: 26466 ] NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. I Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 7 Block/Section MA Subdivision/Condominium water way oaks , as shown on Plat Book/Slide Y at Page(s) 63 The PIN/PID or other identification number of the Property is 256CD007 Other description: See Addendum to Offer to Purchase Some or all of the Property may be described in Deed Book 959 at Page 565 (d) "Purchase Price" S paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. S �� BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named is Paragraph 1(f) by ❑ cash ❑ personal check M official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ® with this offer OR ❑ within five (5) days of the Effective Dale of this Contract $ INA BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official batik check, wire transfer or electronic transfer no later than RA , TWE BEING OF THE ESSENCE with regard to said date. S NA 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). S RA BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-7). S BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). • This form jointly approved by: Page 1 of I I 0North Carolina Bar Association atKr North Carolina Association of REALTORS®, Inc Buyerinitials t ,,L mtz. Seller initials C"Id"d aWe Slur henry, 16 Co gUOem Y:ea NC nasv Mar t9i0hf41.w re aeeOieRa� PIMOE Wql n,1' FMlle b/ tNOaI 11070Fie1M t Roed Frew M[NgY 49= 'a'/@1ata�raa STANDARD FORM 12-T Revised 7l2017 O 7l2017 (910)379-on LmV • ft 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 requeu, 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 as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Eanest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Sellers 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" (insets name): Caldwell Banker Sloane Realty 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 of N.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 any, and (2) such signing or initialing is communicated to the party malting the offer or countase may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this ContracdNIJiHN11jlevidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall nAlalauftnon 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 Buyers 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-refimdable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(m) or Paragraph 9, or as otherwise provided in any addendum hemp. Buyer and Seller each expressly waive any right that they may have to deny 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. a#M - — Q) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on Ninety(90) Daya from date of contract acceptance. TIME BEING OF THE ESSENCE with regard to said date. RECEIVED Page 2 of 11 STANDARD FORM 12.T PAL MAY 3 0 2018 Revited712111 Buyer initials /'I L Seller initials 0 72017 Rrvs.w.« inFm weotuw harp Face,.M RU. Fan Maq., 48= MHD CITY Laattey 110 (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 June 20, 2018 (the "Settlement Dale"), 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 ancrnry 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 10 (Delay in Settlement/Closing), 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 hive an anomey licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and 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 or not it is fully payable at time of Settlement 2. 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 all 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 I 1 RECF4111 D FORM 12-T / Revised 72017 Buyer initials V % k2/1 Seller initials -- MAY 3 0 2018 0 72017 PnP .M*Fo t,YaPLO& fa We FMw M&Rwd.Frpr.W&"p 40= MMLXW a= Lmdwy DCM-MHD 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 2A 12-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. (vi) 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) Udlities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (x) StreeUtRoads: Investigation of the status of the street/road upon which the Property fronts as well as any other stmet/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any strset(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 subiect to the Statute, consult a NC real estate attorney. (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 bold 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 Earnest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does ® 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. HA loan at a Page 4 of i i RECEIVEDTANDARD FORM 12-T ��a! Revised 7/2017 Buyer initials Seller initials M�� _)r C 72017 PlabAdyiMdPFQMvVby XJPt"k 180ra Fawn MLRu4Fr ,MWp "ara �MaL. 2018 Li d-y DCM-MHD CITY El Fixed Rate ❑ Adjustable Rate in the principal amount of tat for a term of q----- a year(s), et . _. _._..- - an initial interest rate not to exceed NA °/. per amtum (tit "Loan"). NOTE: Buyer's obligations 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 ® does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2- T) with this offer. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyers financial obligations in accordance with this Contract, except as may be 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; (ii) 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) tide 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 instrtunehts required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(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). 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 Sellers knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): None Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): None known, if any, to lot paid by Seller. - (c) Owners' Association(s) and Dues: To best of Sellers knowledge, ownership of the Property ❑ subjects m 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 Buyers 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-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. Page 5 of l l STANDARD FORM 12-T �//1� Buyer initials 4 .l'(Z � Seller initials RECEIVED ______ Revised 1/2017 0 7/2017 Pm wd° e¢Fame by IML.OM tear) Faddn Mh R=1 Frdw Wc"e MAY t.bdwy DCM-MHD CITY (d) Sewage System Permit: (❑ 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 represenrations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable IM 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 July I, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, PayoRStatement(s) and Non Foreign Status: O) Seller agrees to use best effortq to provide to the closing attorney as sum 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, attomy'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 their may he 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 attorneys 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 'usurers agent's) file to Buyer and both Buyer's and Sellers agents and attorneys, and (3) the closing attorney to release and disclose any sellers 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 (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not (united to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. 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 an&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. (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 agreements) in forth satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or famished 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.0 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 claim arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. WA-11.1, Seller shall have designated a Lien 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. Seller 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 Page 6ofII RECEIVED STANDARD FORM 12-T Revised 72017 Buyer initials V l�,L-� Seller initials MAY 3 0 2018 a 72017 Pr,a.oawnePro t,Y PLP +aororr�raPn P42K sev,q.,<ron ... Lmdsq DCM-MHD CITY 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: James Richard Lindsey and Mary Ana Liadaey (i) Agreement to Pay Buyer Expenses: Seiler shall pay at Settlement S NA toward any of Buyers 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. 0) 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 (it) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, 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 2A 12-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 Eamest 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 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 PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated 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. g CONDITION OF PROPERTY AT CLOSING: Buyers 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. 9 RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may tcnninate This Cont{�i( b • written notice delivered to Seller or Seller's agent and the Eamest Money Deposit and any Due Diligence Fee shall be refundc94'eA/firlk event Buyer does Page 7 of I I STANDARD FORM 12-T �L MAY 3 0 2018 Revised 7/2017 Buyer initials Scher initials 0712017 P.m,cW wMiDFmnf by c n. IM70 Fr.%6R0W, Finer MHD CITY lmdscy NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10, DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a parry 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 anomey 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. 11 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 [(in). No alterations, excavations. tree or vegetation removal or other such activities may be done before possession is delivered. 12. 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 2A1 I-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A I-T) ❑ Conringent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Fora 2A 12-T) ❑ Seller Financing Addendum (Form 2AS-T) ❑ Short Sale Addendum (Form 2A 14-T) ® Identify other attorney or party drafted addenda: ADDENDUM TO OFFER TO PORMS8 NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13, ASSIGNMENTS. This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14 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 tar -deferred exchange. Buyer and Seller shall execute such additional 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. 15. 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. 16, SURVIVAL: If any provision herein contained which by is nature and effect is required to be observed, kept or performed after the Closing, it shaU survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. 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 REALTORT or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them 19. 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 Page g of I I RECEIVE^n St'ANDARD FORM 12.T -�J Revised 7/2017 Buyer initials i Z . L � Seller initials -MAY 3 0 2018 0 7/2017 r'oawa.rn aaromN err �tw4 +eo7a �T..n atlr nano. r...., �.pr aaue z= -, Q ,,,,, Lindsey DCM-MHD CITY communication given in connection with this Contract. Any written notice or communication may he transmitted to any mailing address. e-mail address or fax number set forth in die "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 die party or to such parry's agent Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material pan 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 counteroffer 19. EXECUTION: 'Ibis Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 20. COMPUTATION OF DAYSMNIE 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 die 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 andior time of day in the State of North Carolina_ THE NORTH CAROLINA ASSOCIATION OF REALTORSIM, 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, Buyers 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 give Seller certain rights to terminate the contract a's described herein or as otherwise permitted by low. 03/13/2018 19:31:30 Date: Ja>res �tchard Lindsey �t1 Buyer James Richard Lindsey Date: 03/1312018 19:41:20 Date: 3-/6- /B Qn Seller Ay. .1,� F''ualeu — Ocea go Farms, Inc. Date: Buyer J•r y- `Im 400ey @ Seller Mary Ana Lindsey Entity Buyer: (Name of LLC/Corporadon/Parmership/I'nuUetc.) By: Name: Title: Date: Entity Seller. Ocean Ridge Parma, Inc. (Name of LLC/Corpomtion/PamtershipfTrusttemJ By: Name: Title: Dale: Page 9 of 11 RECEIVED STANDARD FORM 12-T Revised 7/2017 MAY 3 0 2018 0712017 FfW..d wM rpF by rgLapu IW70 Fi lMi. RW9, F.. W".MUG !>' li DCM-MHD CITY 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 "MA" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: ro Bost 1374, Deaver, NC 29037 _ Buyer Fax#: Buyer E-mail:.e.2lor.yey.boo.am SELLING AGENT NOTICE ADDRESS: Finn Name: Coldwell Banker 9loaae Realty Acting as® Buyees Agent❑ Sellees (sub)Agent ❑Dual Agent Firm License #: C1828 Mailing Address: 16 Causeway Drive Bw, nceea Isle Beach, RC 20469 Individual Selling Agent: aoaaie a. aneusdo ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: 187522 Selling Agent Phone#: (910)443-0398 Selling Agent Fax#: (910)579-5877 SELLER NOTICE ADDRESS: Mailing Address: Seller Fax# Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name:Century 21 Sunset Realty Acting as ® Seller's Agent ❑ Dual Agent Firm License #: Mailing Address: 301 N Suaset Blvd, Saasat aaach, RC 28468 Individual Listing Agent: Dabbie aialaw ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #. 216063 Listing Agent Phone#: (910)443-3924 Listing Agent Fax#: Selling Agent E-mail: beaniereea.doorwil.ee. Listing Agent E-mail: dkiLn1& a.oaeetn 'tr.cea (THIS SPACE INTENTIONALLY LEFT BLANK) RECEIVED Page 10 of I I MAY 3 0 ZA DCM-MHD CITY STANDARD FORM 12-T Revised 7/2017 0 7/2017 P,muodd+1he4Fameaytiplaae ISVOFewn MJ*Re .Fw M'ch4md eerMOloa'Lcm Undst7 ACKNOWLEDGMENT OF RECEIPT OF MONIES Sella: Ocean Ridge Parma, ("Seller') Buyer:JasS11 Richard Lindsey, Mary Ann Lindsey_ ("Buyer") Property Address: 510 Shoreline Or a, Sunset Beach, HC 26462 ("Properly") ® LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(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 S - , receipt of which Listing Agent hereby acknowledges. Data.- Firm: _ Century, 91 .Sunset Realty, 1 By:---- (Si�ithre) Debbie Ki.nlaw (Print name) ® SELLER ACKNOWLEDGMENT OF RECED'T OF DUE D17.[GENCE FEE Paragraph 1(d) of the Offer to Purchase gad Contract between Buyer and Seger for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S 9 r500.00 __ , receipt of wldch Seller hereby acknowledges. Date Sella. _=4 Ocean �ld�v'.''Ur�f Ridge Parana, tar. Date:.__ ._. _ ___.. Sella: ----,- _ (Signature) -- ..................•---•---.....-•--..--------•--•................••.......... ® ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Pwagnpb l(d) of the Offer to Purchase and Contract between Buyer and Seller for the ask of the Property provides far the payment to Escrow Agent of an initial Earnest Money Deposit in the amount ors Ili . Escrow Agent as identified in Paragraph 10) of the Offer to Purchase and Contract ha rby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold Mud disburse the same in accordance with the terms of the tMa to Purchase and Contract. Data: . 7—��"� Firm: Coldwell banker alcane Realty i hV1Vj0o (Print name) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OP (ADDITIONAL) EARNEST MONEY DEPOSIT Pa 2groph t(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 i _ __ _ _ _ _ . Escrow Agent as identified in Paragraph 1(() of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and epees to bold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Dare: .�.__. Firm: Coldeell Decker Sloane Realty _ Time _�— _._ ._ C) AM [] PM By: (Signature) (Print name) Page 11 of 1 I RECEIVEDTANDARD FORM Ib-T Revised 712017 07,7017 nmw.e.exv�hy-vwp lento Po,m Rees F'a.nse ems �a tm ay DCM-MHD CITY CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 BeivWe, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capelear"neering.com Brooks Transmittal Date: May 4, 2018 File: 875-207 "38" 510 Shoreline Drive E Sunset Beach, NC ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 1 Original Corrected Page 2 of DCM MP-1 1 Copy Corrected Agent Authorization 1 Copy Corrected Project Narrative 1 Copy Adjacent property correction letters 1 Copy Certified Mail Receipts for 4-30-18 Adjacent Property Notifications` 1 Copy Certified Mail Receipts for 05-01-18 Adjacent Property Notifications* REMARKS " Green Card receipts will be forwarded by email upon receipt Attached information is to correct the submittal package that was submitted on April 30, 2018 to correct the property address to 510 Shoreline Drive E (where 601 Shoreline Drive E was used) CC: File: 875-270 "38" RECEIVhu Cape Fear Engineering, Inc. Signed Elizabeth M. Nelson, PE Received By: MAY 302018 P1E7SE"70.510 SfwrfteSudrNMn 64501-i.MW- CAW Mapr. DCM-MHD CITY RECEIVED MAY 0 7 2018 DCM WILMINGTON, NC CAME FEAR E N G I N E E R I N G 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 w .capefearengineering.com ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal Date: April 30, 2018 File: 875-207 "38" Subject: CAMA Major 501 Shoreline Drive E Sunset Beach, INC ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Original Check in the amount of $250 Dollars for required application fee 1 Original CAMA Major Permits Application, DCM MP-1, MP-4 1 Copy Agent Authorization 1 Copy Project Narrative 1 Copy Property Deed 1 Copy Purchase agreement 2 Letters Adjacent Property Letters' 2 Copies Survey Plat of "Lots 6A THRU 8A (MARSH AREAS)", 1 Full Size 1 Reduced Size 3 Copies Site Plans, Sheet C-1, C-2, C-3; 11" x 17" REMARKS White and Green Card receipts will be forwarded by email upon receipt RECEIVED CC: Cape Fear Engineering, Inc. File: 875-270 "38" RECEIVED MAY 3 0 Z018 Signed: DCM-MHD CITY APR 3 O 2018 abeth M. Nelson, PE Received By: DCM WILMINGTOI6aW P:18751875-270 510 Shoreline DdADMINTAMA Majod2018-04J0 - Transmittal - CAMA Major. Coc Project Name: County: Check No & Amount bcm % DWQ % Development T 06, Fee (14300160143510009316256253) (2430016024351000952341) I_ Private, non-com*rCial development that does not invol the filling or excavation of any vr�tiarids or open water 1\ yeas. $250 100% ($250) 0% ($0) It Public or commercial development that does not involve the fiflingor excavation of any wetlands or open water areas $400 100% ($400) 0% ($0) Ill. For development that involves the filling shelter excavation of up to 1 acre of wetlands and/or open water areas. determine if A,B.. C. or D below applies - Ili(Al. Private, non-commercial development . if General Water Quality Certification No. 4144 (See attached) can e applied: $250 100°% ($250) 0% ($0) Ilf(B). Public or commercial development. if General Water Quality Certification No. 4144 (See attached) can be applied $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and w r i ten DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied $400 60% ($240) 40% ($160) IV. Development that involves the filling excavation of more than one acre Lnd!or of wetlands and/or open water areas- $475 60% ($285) 40% ($190) RECEIVED MAY 3 0 2018 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 5/2/2018 James and Mary Ann James and Mary Allegacy 2622 $250.00 major fee, 501 Shoreline SS rct. 6106 Lindsey Ann Lindsey Federal Drive E, Sunset Beach BrCO Credit NO split Union 0 F- LU o U o � LU M LU C= NC Division of Coastal Management AEC: AIWW Fee $250 #2822 ✓ Major Permit Application Computer Sheet CDAITS _`/ MHC cc ( Applicant James & MaryAnn Lindsey Inc. c/o Elizabeth Nelson Project Name: Lindsey Docking Facility ■ Rover File We River Basin: Lumber Initial date of application submittal: 4.30-18 Naor Date application "received as complete" in the Field office: I V'1 '.. Permit Authorization. t[1 CAMA ❑ Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFpRMATION ORW: ❑Yes No TO" Yes _MNo Photos Taken: Yes ❑ No Setback Required (riparian): []Yeso Cntical Habitat: LJYes ❑No Not Sure 15 foot waiver obtained: Yes No Hazard.(Jgtification Returned: [] Yes o If SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: Yes ❑No Sure Sandbags: Yes No ❑Not Sure Did the land use la sifiration come Mitigation Required (optional): from county LUPXYes ❑No []Yes ❑No Moratorium Conditions 1 Enviro ntal Assessment Done: ❑Yes o ❑NA Lenyt of Shoreline /ma [-]Yes []No ❑ NA I F7 Shellfish Area n n Project Description: (code) Development Area: (code) Open -or- Closed 1�> n ` SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED LJ ((;J) Saw grass (Cladium jamaicense) 1 LJ (SA) Salt marsh cordgrass (Spartina LJ (SY) Salt reed grass (Spartina altemiflora) I cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp ) spicata) sp } [I(JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemenanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private wl D&F up to 1 acre, 3490 ElIII(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre, 4144 can't be applied - $400 ❑ 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 wi D&F to 1 ❑ Ex ress Permit - $2000 acre; 41" can be applied - 5400 Major development extension request - ❑ It. Public or commercial/no dredge EIVED $ and/or fill - 5400 I. Private no dredge and/or fill - $250 1, ❑ III(C) Priv. public or Comm w lD&F to 1 acre; 4144 can be applied, DCM needs MAY 3 0 2019 DWQ agreement $400 ^-- James 6 Mary Ann Lindsey Date: 4-30-18 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 street TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 I I One One New Work Replace Maint ❑ ❑ Y N ' New Wori(V Replace ' 1 Ut Maint ❑ ❑ Y q N \ New Work Repla Maint ❑ El Y; N New Work Repla Maint ❑ ❑ Y N New Wo"'111Replace Maint ❑ ❑ Y'JA N , New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint [I El ❑N New Work ❑ Replace '.. Maint ❑ ❑ Y ❑ N 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 FDISTURB 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 terno im a Im ad amount) temp im acts amount Dredge ❑ Fill ❑ Both ❑ Other t.lj Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ '', I Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1.888-4RCOAST :: www.nccoastafmanagement.net revised: 10/12/08 9 CADS O h CADQ BRIJ E Ua•41. WE yX O j 0.60 AC m POTENTIAL OPEN WATERS (NOT EXISTING DOCK SURVEYED, DIGITIZED FROM SYSTEM AERIAL PHOTOGRAPHY) BOYER WARREN H TRUSTEE FARMS INC 0 •• - Ma4z W 229.4fi ---AV- -- Oco SOU�/ - N 0630'YO'W 151:90'___. 3ya FRIESLESEN MAR & ,WaAI DELUCA A JLORIE J N/F ro /J OCEAN RIDGE FARMS INC 3y� - ------------------- ------ --MEAN HIGH WATER N/F -------------------- N BUSCH E JOHN C IV ET ti CHRISTINE 1 BUSCHCIV ET HRISTINE WHERE PROPOSED PIER CROSSES OPEN WATERS, PIER MUST BRIDGE WATER FROM MARSH GRASS TO MARSH GRASS AT AN ELEVATION 6-FEET ABOVE NORMAL HIGH WATER TO ALLOW FOR BOAT NAVIGATION. ftl I " s 1 �a1r 0 60 120 180 SCALE: 1' - W 22' a 3r SHEET SCALE: 1' - 120 11' K 17' SHEET EXISTING DOCK _/ SYSTEM MEANT WAT DEDQM-03 BT GNATION OOASTAL Y6.ZATRJ — WAT02WAM LIMIT CF COASTAL YCMTATCN PRCPOSM DOCK SYSMNI C maTm mm STSIBA MAY 3 0 2018 ')CM -MHO Crr 11 ONE-FOURTH CHANNEL WIDTH WATERWARD LIMIT OF H F COASTAL VEGETATION 1 SHEET C-2 WATERWARD LIMIT OF COASTAL VEGETATION I s I ie I T - MEAN HIGH WATER SrrE INFORMATION: APPLICANT MARY ANN AND JAMES LINDSEY TAX PARCEL NUMBER: 256CDO07 SITE ADDRESS. 510 SHORELINE DRNE E SUNSET BEACH, NC 281168 BRUNSWICK COUNTY EXISTING USE: UNDEVELOPED RESIDENTIAL LOT LOCATION MAP mww BRMt NOTES 1. 615E MAP OF MMTERWAV ON(S SUBDMSKKJ AND JAMES R. TOMPKINS ON z MMTFR DEPTHS SHOW FROM SURVEY PERFORMED BY CAPE FEAR ENGINEERING. INC. 0 IMRCH 29, 201E AND ARE B4^uEO IXi I.ffAN LOW MMTER (ML" WTUM. 3, MEAN HIGH WATER AND WATERVWRD UNU OF COASTAL VEGETATION SURVEYED BY OAPE FEAR ENGINEERING, INC. ON MARCH 2S, 2018. MEAN HIGH WATER IS SHONM BASED ON ELEVATIONS. ISSUED FOR REGULATORY REVIEW RECEIVED APR 3 0 2018 DCM WILMINGTON, N 1 ISSUED FOR REQILATOiY FMN RE%&V J!>-18 REV. DFSOW7aH FEAT DATE REYL90N5 ,,,�rrrr„•, ie` uRtt� •, CAPE FEAR ENGINEERING 151 Dxle Ra.,Sull¢ 100: BBINIIo. NC, M151 TEL (910) 3 11 . FAX (910) 38 lW www.wOeRarergrneerm9 com NO ucENSEz �1B21 F1osr �>rA MAQ : 8P.11L: NRR® MZ • A A}Rl ID14 IAMBI: BN 510 SHORBTE DRIVE SUNSET BEACH NORTH CAROLNA OVERALL SITE CAMA MAJOR PERMIT rrm+.ra ay.r 875-270 C-I 870 iM.�. .�--11i1§t' a!i{i4 -LM%Y- �1Ylf -aWI4 +,,uNtY. a1�6 aili�uY \\iyfY� �tii't, 2- A \11L 31L J!L 311 11L a 'It J+l -Vi 1 1!1 \ l It 1 .0 _w. 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Eaovo®000c sreleM C _ 1 BRA D�`f7C BYQIDA x-2.57 e9alw wAim Deanl "ma \ \ x-0.207 X-0.W2 ECE�1/ \ x-ezx � �'AY \ x-0171 30201 x1 11A M-MHI) cj� i\ \ \ F 'S\ 1 �1 x�0660 �X-D )98 \ 3k.-D526 1 -6' WALKWAY \ X-0 ))1 \\ x-os93 x-o.9ae \ x-t trd F-0 32a x-0.323 x-ai6b X-ff.99 X-o.315 X-O Sa�-M.519�-0iI5 x-osea X -0.6N x-o )6) roammozz 1w8 �OF WNiERWAY 0AN63U801N31GNNID 2 NATERCEPTNB BFpNNFRQ.isURVEY PERFUME p 8Y G.Y4 FEMENG KERING. mG MARCH 29,"1a MIDAREI1VkW) MEJNLOW VNiFJi IMLWI DM1IUM. 3 MEAN NI3lI WATER MI) NNTERWARD UMR CF CDA8TALVEGEM CI,I5URVEYEDBIZ FEAR ENGINEERING, WC WMARGi M.201e AEAN NIGH WATER IS SIgVM BAefOON f1EYATgN3 MSUED FOR F EQLATORY REVEIM RECEIVED MAY 14?'0 DCM WILMINGTON, NC 1 2 1 1s9I�n pm mu �19 I'S'� 1 @lO9PIIM Fi \ X-1..65 X-1.4.aX_�.-t.366 I, x-, was \ -1 502 X-L59Y \x-t3o9 1 ONE-FOURTH CAPE FEAR 44 i s{1X -LS)J CHANNEL WIDTH x-i'. ENGINEERING x -L6M 5. ro R1 sua,ot BWM93. NC Mo. 565 X-LsM X t59) x-1 )12 Te 9+0�3e3 •a9 EAx;at9f 363Nx6 www cepekaarginvniryo9m x-i s24 \ .�.. 'JCExGE{G,Q1 x- \ PROPOSED 154 -1.s95 WATERWAY X-2012 1 X-1sz1 RIGHT-OF-WAY X-1.M tW 1 X-13M xx% i.45o � x-1sn X-1.609x -2.o6a !/ x-13T X-iajQ14#D X_ X-1.965 x-21p. x-1-M3 X-a.. 760 X-i.962 20D9 X—t.a}9 x 1.910 x-� X-212) 2'X 8'FIXED' PLATFORM '• / 3�-4 x-199C X- 1. 25 t 641 dS-t.95) y� 2oN -2D1D — X-1.997 50 SHORELINE QQNE SUNSET BEACH NORTH CAR10LNA x-t va+ x-z.Dt PROPOSED 13' X 13' � x -2.obe BOAT LIFT WITH x-z.,eo STOPS 0 to zo bo DOCK' SYSTEM LAYOUT CAMA MAJOR PERIAT PROPOSED 12' X 12' SCALE: 1' . 10' zz' 9 x' 39fEi FIXED GAZE$OYNTH scuE: I- . 20' It' . 17• SHEET 875-270 C'2 e ,5 E1wrZ4B GOIlD B.EVATDw NOT suRyu ® N THIS l 6ROLNO SEVAlicros maom J M - - - _ - ARE CONCORM4. AND 9HOU.D SEEFBD VHlm TO ASSURE! NINM Al S CttPRANCE 13 - - i FROM BOTTOM P9210 SUBSTRATE! QI COASTAL VESETATICN B MANTANe9. V64 M PROPN OPENWA YNQE PROP(2>S® PER CROSSES 6BV WATERS, Phi RUST ... 12 _ MM{M 3 F'ROIA -•--- '... ES GRASS Al - _. __ ® L/ DO= 11 _- BOTTOM Cr PQ2 TO LEAN Mm WATE2 4Fff11 ABOVE WAWA TER TO AT WO M S.B61VATE :. ALLOW FOR BOAT NAVI^eATlpl NAVIGATION. — f0 _ I a 3 T 3' e 5 - - - - - -- - - -- - -- -- - - _ - -- - - --3r,- - - - -- - - - -- 1 — - - 3 _ - __ _ _ _ _ _ _ _ __ _ - _ CF- 1 COASTAL VEiETATiOH a APPRp3B.fA1E LOCATION 6 - __. _. __ DRANAGE SLOl1641 LOCATION AND - _..__ - _._ - _ - _..- AA-4- 11 ". BEVATgHg NDT SRvt1E0. _. MENV LOW _-. .- � 1 A��FROAI J _ WATER 6T2APHA A83A- PMOT0.' M00 M25 MSC Mn 1.09 tat$ 1.50 1-75 2 W N25 2.50 2.75 3.00 3.25 3.75 4HW Nis 4-50 4+75 5.09 5.25 DOCK PROFILE - STA 0+00 TO 5+25 0 20 40 So HOCZONTAL SCALE VERTICAL SCALE: HORIZONTAL: - ---.. 1e , _ 26 2T a 3,17 SHEET 1• -4' 22' a 31• SHEET SCALE: 1- = 20' 22• z 34- SHEET _. 15 1• - 40 it" a ,Y SHEET 1 _ 6 11 I: 1T SHEET SCALE 1' - 40• 11 z IY SHEET 14 0 4 E 12 VERTICAL 12 SCALE: 1 - 4 22 a 34' SHEET AEAPN MSIWA 617 IF 3 RAAP ,1 PROPOSED Q %Q POLED SCALE: 1• = e' 11' z tY SHEET _ --- AT 6 VVD1N - - _- - -_—: 1 GAZEBO WRH M' X M' ROOF 7 B• K' DOCK WHIN - - - — —--— -- -... _-- --— —--— —— -- _-- STOP" STOPS ACTED ---- C MOAT THAT OF F9. OFROAT SHALL BE T ABOVE SHSTRATE ABOVE y V mama _ 1 PAY,? ---SUBSTRATE M?NLpV --- WATERZ0j8 - 3 < O CAry 0 My� C�tY I", 5-m sns e•a9 e•25 eso 0.75 9.9a DOCK PROFLE - STA 5+25 TO 6+90 HDRIZONTAL SCALE: VERTICAL SCALE: 1• _ 2W 2T a 34- SHEET 1 _ 4' 2-1a 34- SHEET ,- = 40' „• z lY SHEET ,• - 8' „- z ,Y SHEET 7,000 to 10,000LB WOOD MOUNT ,.' CRADLE KIT has", ,MB BOAT LFT DESIGN MAT VARY BASH) ON CONTRACTOR. STOPS WIbT BE SET Z ABOVE SL9TRATE TYPICAL BOAT LIFT DETAIL. NOT TO SCALE y R LiOCA ION MAP NOTES 1. SASE MAP OF WATERWAY OAKS SUBDMBION AND RIPARIAN CORRIDORS (TRACTS SABA) FRCM SURVEY PREPARED FOR OCEAN RIDGE FARMS INC. BY TOMR(INS LAND SURVEYING PA SEALED BY LIMES R. TOMPKINS ON MARCH 28 M19. 2 MTER DEPTHS SHOWN FRW SURVEY PERFORMED BY CAPE FEAR ENGINEERING INC ON MARCH 29, M10 AND ARE BASED ON WEAN LOW WATER (ML" DATUM. I. MEAN HIGH WATER AND VATSFR A LIMB OF COASTAL VEGETATION SURVEYED BY CAFE FEAR ENGINEERING. INC. ON MARCH 29. M,B. WEPAI HIGH WATER IS SHOWN BASED ON ELEVATIONS. OSLO:) F0R FlEGUUTOFiY FEYEW RECEIVED APR 3 0 2018 DCM WILMINGTON, NC I.>-..I31'� may, •,$ -4, Ilk 1 CAPE FEAR ENGINEERING 151 PWb Ra..Suite too: Belvllle, NC 2 l TEL(910)3 10U, FAX(910)3 INS xww.cepUCENSE 00-1iS21 N.C. LICENSE p G:fi21 ITT OFDC MAB [ SDYE: bIgIW OM[ : A NIL'm1C IIICii: M 510 SPORELM��VE SUNSET NORTH CAROLNA PROFILE AND DETAILS CAMA MAJOR PERMff 875-270 1 C-3 tURJEY FOR OMPYJNS M5UKVE`rlNG LAND Ocean Ridge Farms Inc. idge farms Inc. -- OF P.A. 1NAU ECENT DWVE LOTS GA-THRU 8A tnAuanT7e. uoRM CMCUM zuTG T.mmD.Au 2 (MARSH AREAS) 11OjJ"5O' EHAW0TTE TIRE BRureW+cR couxTr. N.c. sR 9GIC I•� 107 MARCH 26. 201 B LOCATION MAP (No Stale) O 30 ONMCP.OF R[LCRp BAN WCG[ PMtM51NC. R tn5"rG RrN • e i � wine , � � O, `'cDwRc�v'R�"i ct�riicIX wlneMSfl -. _ ®eIMWC4 aRD -- ��1X1[ORNt �_ IC✓S M1m.ror� � 1 TT— z PROPHRTIs ND MINE AL PNYAVp Au w3T AN CP/dNI5 fASEMPIRS AND MINERAL WGnT51F AJPF 15"PNO RECCRpfp5 Tnf 10 IN ACK fAVMYREGISTRY 3 RiOPER1Y IS LOCATED IN P p ZONE. WpTLFWgy OARS SUEOIV / �� MBY-PAGE PIALEOT 5 JN NOTED. LOPNING B3 / 'ERE ERO EFoUl FATR OF SFl+GPIXIY SU91[Cf TO ALL ZONING REGIIR[IHQIF CF AI / N.C. 6GEVATpI DATUM 1115 A5WRT Cf T15 PRgMIY AS PiX[ " 5�'19'95{/ " 5 Bi•3p322� DATEoRVEYRERfL5.W pnT'_ Of PAGNANR[. Y 00.2a' _ M / / µ/N �UFM�SMtKV OF w[RDImrv91A:W Imm wTAwlazcRo. 'E Q �i PART 1 TBBiPIi O Oj - OF AlTDR REPORT MD MAYIND oNo.IM1ERCOONTHE ROFrKTNOROTNLL of IWPf meR ENCUMgYHAT Z MUCH MIGHT wares THAT surn A RErVRr MIGHT 5TATE GP NORTH W+ `A n UIJNM1OFCwIKavnOC , N l 4i I. R[VIfW OPPICEi.OF BRUNoMC2 COUNK E MAr FIArro Tnfs cRnxUTlw r APAMU MEETt DEED BOOR i OROry 2424-PAGE EM REDO NLSTATUIOM' REpUIR[MGTS POR RECORDING. IrTo,, n s 5 ( 2 x WR RM[W OFFICER 4 I I. IAMCS R TOMPKINs, A PRORSSIONPL UWD 5URMEYOR. CERIEETMAT TX19 MT 5 OF A SURVEY TXAT CON5rT ONE OR MORE OF THE POUOlMNG AS RFAG A: A OOK I.)NA511BOIVIlflkEiSION NORDAnINr11[ATE IAE!5F OR MVXICIPP1fM1 n1AT It45 Ni ORDINhNL[ MAT R[GUTARS PPRG[L9 J 15 vwD B 15 OF AN ExIsnxG PARCEL OR rARcelsDEUNo - % 3� Z�18 c 0THAT T E5UR 15 Of ANOTHER UTEGORT. turn ® ^e V O A5 THE RECOMBINAnaN or or5l. PnR(89. A ` COI.RT ORDERED SURVEY, OR OTHER E IOEPxIXI TO THE DEF.,I OP%IEQIV151ON IE M �N/p-( ® C /�1✓ D O THATT141NFDRMAlrON ro THE SURVEYOR I550OF THAT THE 5URV[YCr l5 U1Udf ro 1MKE A DEIERMINPnou To me BGT CP nryNpt iROR5510WLL _ �M1.. A W= AdNY AS TO TO rRPN51ON5 CONTAINED N IN THRU M ADI I Iz 6T Icy bU1BRroNPWE6 FOEIREEI C-132a 20 ,"HV5 _NNW O went� WP�RWP— 1,.WAES R TdARJNE.CENT1 THAT THO MAP WAs gIAKN UND[R MV SUP.IFDN FROM — ANACTIPLSURVEY MADEUNDER MY5URERVISION(DEED DEBORFHON RECORDED IN INRo. HERESY MI"""THATINA IM2 AR[I RECORDED IN PPL[ OR OTHER REFERENCE TH[ CKNERS OF ME FRDEF RIY 5HGM1 AND DrIOMBED HEREON W111G1 W/5 SOURCE )ITHAT me �UNDAwEt Nor N CAR G</ CONVEYED TO ME IO5) BY DEED RECORDED w ETIb_ "I 'AND sURJFPD ARE INDK ATED AS DRAWN FROM INFORMATON IN DOOR FAG[ OR OTn[R REFERENCE SOURll :RUT THE Q-S E551 CJ O.D THAT ll I HEREDY ACGT ml5 r OF SUDEVIRION W MY (MM FR$ MID OF PR[L51ON OR POSTONAL ACCURACY 15 WL : AND THAT TH15 MAE MEET5 THE REAUIREMENF OF THE 5TANDARD9 OF FRACNC[ OF (. $ QQ- j. y CO"5[M, 6TABU5n n1E MINIMUM RO',O'NG U,". AND mK'ArE All DwJNAGE WATS AND OTHER OFFEN ALE TO PUBUL OR RUVATE USE A5 RECEIVED FOR IAND SIIRVEnNG IN NORM C HNA(2I rlA 56.16M. AND {'.t ND. 2851 A'f 1glED. P1lRrneR IM'E) CERrIry li1Ar THE LAND s.'IOWN HEREON Is wT11N THE G,5. a7-30 At AMENDED. NTTNDE5 MY HPND AND 5EAL O�� SUBgV15gN RFG UITION JUMEDI ON OF BwI MCK COUNTY- H 1. FRN M5 DAT CE 2oI 9 Z �F°SDRN� DRAM, DEER �� APR 302018 NQ 'sR 70MP DATE . nu 1AIA6R FESL-2D51 G1324 MVFR[ DCM WILMINGTON, NC