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HomeMy WebLinkAbout122-03 Therrell, TommyPermit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit 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 Tommy Therrell,1712 Ruben Road, Monroe, NC 28112 Permit Number 122-03 Authorizing development in Brunswick County. at AIWW between Saucepan Creek & Shallotte River on Monks Island as requested in the permittee's application dated 419/03 (MP-D & 4/10/03 (MP- 3 & 4), including attached the workplan drawings (9), Sheets 2 - 10 of 10 all dated 4/9/03 & the AEC Hazard Notice dated 6/13/03. This permit, issued on September 16, 2003 , is subject to compliance with the application (where consistent 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 cause the permit to be null and void.. Subdivision Development 1) This permit authorizes only the land disturbing activities associated with the initial development of 5 residential lots and amenities, including the helicopter pad, golf cart path on Monks Island that are expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction on individual lots,.including the construction of single-family homes, as well as any activities to run utility service to the island from the mainland, shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 2) The alignment of the authorized cart, both wooden and earthen, shall be staked prior to the start of construction, and shall be confirmed on -site by a representative of the Division prior to the commencement of any construction activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 i December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. pcv� �. Donna D. Moffitt, Director //'�Division of Coastal -Management This permit and its conditions are hereby accepted. Signature of Pemrittee Tommy Therrell ADDITIONAL CONDITIONS Permit #122-03 Page 2 of 5 3) 15A NCAC 07h.0209(d)(10) requires all non -water dependent structures to be located a distance of 30 feet landward of the normal water level or normal high water level, whichever applies. Therefore, in order to comply with the Rules of the Coastal Resources Commission, all portions of the helicopter pad shall be located outside of the 30 foot buffer. 4) No vegetated wetlands or marsh grass will be excavated or filled. 5) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 7) -No excavated or fill material will be placed at any time in any vegetated wetlands, marsh or surrounding waters outside. 8) All fill materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) No fill material is to be placed within 30 feet of the normal high water line. NOTE: The permittee is encouraged to avoid disturbance of native shrubs to the maximum extent possible. 10) The installation of the onsite waste water systems for each lot shall be done in accordance with the Improvement Permits issued by the Brunswick County Health Department Environmental Health Division. Community Docking Facility 11) This permit authorizes the community docking facility, and other structures located on the western end of the island that are in or over the water that are expressly and specifically -set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this community docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the community docking facility. Any sewage discharge at the community docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as -built survey will be performed on the pier/docks upon completion of the construction of these structures and submitted to the Division of Coastal Management and the U.S. Army Corps of Engineers Wilmington Regulatory Field Office. Tommy Therrell ADDITIONAL CONDITIONS Permit #122-03 Page 3 of 5 14) In accordance with commitments made by the permittee, handrails shall be constructed on the outer sides of each of the end finger piers to prevent dockage at these locations, and shall be maintained as handrails for the life of the project. 15) The community docking facility will display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier. 16) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 17) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must 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. 18) The roof of the gazebo shall not be designed for second story use. 19) No portion of the gazebo may be constructed over any area of coastal wetlands. 20) This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or docked at the community docking facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a manna, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Canoe Launch Facility 21) This permit authorizes the canoe launch facility located in or over the water that is expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this canoe launch facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 22) No slips are authorized at the canoe launch facility by this permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 23) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. r P Tommy Therrell ADDITIONAL CONDITIONS Permit #122-03 Page 4 of 5 24) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Stormwater Management 25) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8030227 on 5/1/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 26) Prior to the initiation of any development activities authorized by this permit, the permittee must provide a written statement to the Division of Coastal Management which demonstrates that no public monies will be utilized for the construction or perpetual maintenance of any utilities associated with this project. The prohibition of the expenditure of public monies shall remain in force for the life of the permitted project. 27) In order to ensure compliance with Condition No. 27 of this permit, the permittee shall place deed restrictions on all lots referencing the prohibition of the expenditure of public monies referenced in Condition No. 27 of this permit. The deed restrictions shall be recorded with the Brunswick County Register of Deeds and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit. 28) 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. 29) No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 30) - The authorized structures and associated activities must not cause an unacceptable interference with navigation. 31) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee .will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing'or future operations undertaken by the United States in the public interest. 32) It is possible that the authorized structures may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States or the state of North Carolina liable for any such damage. 33) The permittee must install and maintain, at its expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. Tommy Therrell ADDITIONAL CONDITIONS Permit #122-03 Page 5 of 5 34) The permitted activity will be conducted in such a manner as to prevent a significant. increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 35) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 36) This permit does not grant any property rights or exclusive privileges. 37) The permittee will 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. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 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: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030749. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200300978. Permit # Id,?-03 DCM Coordinator: ✓d MAILING DISTRIBUTION: Permitee: 7of//Nti%L�W N/ Agent: �ltdf CAGvC7 fiYa �ilyrt:n. DCM Field Offices: Morehead City wmftivn Wilmington US Army Corps of Engineers (USACE): Washin Mike Bell OT) Bil eme (NCDOT) Leigh Bland Wilmington: Others: Cultural Resources: Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: Water Resources: Wildlife Resources: I)ave�impy-EPiEHOT) Henry Wicker Renee Gledhill -Early Beverly Sanders Mike Street Roberto Canales Patti Fowler Joseph Henderson John Domey J ) John Sutherland Bennett Wynne Permitee at 76 S/ 829 -2 b s % Agent at 910 7.9-V DCM Field Offices: E mabeth-e Y Morehead City washingtotr Wilmington US Army Corps of Engineers (USACE): Was ' Ike Bell OT) Billgid la (NCDOT) etgh Bland Wilmington: Henry Wicker Updated as 2128/03 FIT? NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 17, 2003 Mr. Tommy Therrell 1712 Ruben Road Monroe, NC 28112 Dear Mr. Therrell The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified parry submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time -for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, d Douglas V. Huggett Major Permits and:CofisistebEy lvfanage'r.. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper f REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 October 9, 2003 Regulatory Division Action ID No. 200300978 and State Permit e..L22-03 Iv . Tommy Therrell 1712 Ruben Road Monroe, North Carolina 28112 Dear Mr. Therrell: RECEl10FED OCT 13 2003 31 ORf OASTALMANAGOW, RALEICH Reference your application for a Department of the Army permit to develop a portion of an existing spoil disposal island into five residential lots with a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots located at Monks Island landward of the west end of the island of Holden Beach, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Regulatory Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 " Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Holden Beach Area, access from AIW W c. Street address or secondary road number. a. Applicant: Between the AIW W and Shallotte River Channel Name Mr. Tommy Therrell Address 1712 Ruben Road City Monroe State NC Zip 28112 Day Phone (704)889-2055 Fax (704)889-2056 b. Authorized Agent: Name East Coast Engineering Company, P.A. Address Post Office Box 2469 City Shallo,Me State NC Zip 28459 Day Phone (910)754-8029 Fax (910)754-8049 c. Project name (if any) Monks Island N07'E• Permit whTbe issuedin name of Candowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick d. Is proposed work within city limits or planning jurisdiction?Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) AIWW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities.) Five residential lots, a golf cart path for access to the lots, a community helicopter pad a community, ten - slip dock system, a community canoe dock and utilities for the residential lots. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of the project is to develop 5 residential lots and provide the reouired access and is proposed ater system on 80' Coros-mav dock system will b dock spine with fo vay channel, and fiv Water and they required utilities will be provided by the e ' g systems that will be accessed fro the mainland. Lines to the island will be ins ed beneath the AIWW, under separate ermit. A 10'-wide woo en boardwalk will be constructed to p 'de access from the planned dock system on onks Island to the U.S. Army Co s of Engineers right-of-way. Outside the Corps ight-of-way, an 8' wide reinforced d cart path will be constructed to provid access to ach lot. A 50' x 50' helicopter ad is planned on the southwestern side of the island. a helicopter pad is needed to pr vide quick response in the case of a medical emergency. Approximately 1.8 acre will be disturbed forth proposed development. Temporarysilt fencing will be used to p vent any significant ounts of sediment from leaving the she. The silt fencing shall be ected. regularly, d the accumulated sediment removed to prevent the conveyance of diment to any o -site areas. The primary permanent erosion control measures that will emain after t e temporary measures are removed will be permanent grassing, concrete d asphalt avement. A Major CAMA permit is req for project, prior to any construction. In addition, a State -approved sedimentatio anerosion control plan and a State Stormwater Management permit are required. Stormwater Management The proposed development is 1 s t'ban 25% impervious, and is a low -density project. Stormwater runoff from the pr posed' development will be allowed to sheet flow across the site. \ Water -Dependent Str A community dock s system will be an opt system is proposed at of the channel width. finger piers, and a fl perpendicular to the canoe dock is also rt located on the so ei ride access to the island lots. The dock WW. The waterward extent of the dock setback, and is less than one-fourth (1/4) comprised of a fixed dock spine with six e finger piers. The slips will be situated f the ten slips will contain boatlifts. A osed as an amenity for the ]armed lots. The canoe dock will be side of the island within a r t channel of the Shallotte River and would cons' of a 6' wide fixed pier and a 20'x 6 ed T-head. T AIR o b Za�3 O\VJ00tA G- olgT Monks Island April 2003 y Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 11.11 acres b. Size of individual lot(s) Range 1.43 — 3.55 acres c. Approximate elevation of tract above MHW or NWL Range 6' MSL-29' MSL. d. Soil type(s) and texture(s) of tract Sandy fill material, with marine sediments. e. Vegetation on tract Upper most portion of island sparsely vegetated, by Uniola paniculata, Spartina patens Optunia compressa and Cenchrus tribuloides. In addition to these species, Andropazodon, Yucca, Juniperus virginiana and Baccharis are present along inland slopes Spartina alternillora and Spartina patens dominate fringing coastal marsh with some Juncus roemerianus, Limonium carolinianum, and Salicornia virQinica f. Man-made features now on tract Monks Island is a spoil disposal area used by the Corns of Engineers. Spoils were deposited behind the AIW W Right -of - in the past, and created the existing topography g. What is the CAMA Land Use Plan land classification of the site? (Consult the iondiandmephai) Conservation Transitional Developed Community --X--Rural (island) Other h. How is the tract zoned by local government? R-7500 i. Is the proposed project consistent with the applicable zoning? Yes X No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes —X— No If yes, by whom? N/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? XYes —No Coastal (marsh) X Other_ If yes, has a delineation been conducted? YES (Attach documentation, lravailable) in. Describe existing wastewater treatment facilities. None existing. State -approved individual, on -site wastewater systems will be used for future homes. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No duect discharges planned. State and local approval of a stormwater management plan will be obtained prior to any construction o. Describe existing drinking water supply source. Water supply from Brunswick County watersystem. Lines to island will be installed underneath the AIW W with directional boring under separate permit. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 Y2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) j K, _pev1M�`NP �MEtIi Form DCM-MP-1 Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. A Stormwater Management Plan was submitted for review on February 19, 2003 • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Hilda and McKee Pigott Address 3941 Halifax Road Phone Wilmington, NC 28403 Name Address Phone funds or use of public lands, attach a statement documenting compliance With the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 09 day of April 2003 Print Name Elizabeth Nelson, Authorized Agent A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Signature..�rt- `1�•�� permittee, and issuing dates. Landq j erorAuthorizedAgent N/A Please indicate attachments pertaining to your proposed A check for $250 made payable to the Department of project. Environment and Natural Resources (DENR) to cover the costs of processing the application. DCM MP-2 Excavation and Fill Information _ X DCM MP-3 Upland Development A signed AEC hazard notice for project in oceanfront — X DCM MP-4 Structures Information and inlet areas. DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A -1 to 10) If the project involves the expenditure of public NOTE. Please sign and date each attachment in the space provided at the botttoomA ofeachfarm �,N�S��NP�EME Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, For DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Five residential lots are planned for future houses. b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 5 units. 0.5 residents/acre. d. Size of area to be,graded, filled or disturbed including roads, ditches, etc. 1.8-acres will be disturbed above mean high water for the proposed development e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted To be submitted concurrent with this application. f. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surfaces. Section of cart path will be a wooden boardwalk. Remainder of cart path will be reinforced sand in a cellular confinement system. Helicopter pad to be designed by others. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 1,64% It. Projects that require a CAMA Major Revised 03/95 Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted To be submitted concurrent with this application i. Describe proposed method of sewage disposal. Individual on -site wastewater systems j. have the facilities described in Item I. above received state or local approval? YES (Attach appropriate documentation) k. Describe location and type of proposed discharged to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). No direct discharges. A State -approved stormwater management plan will be obtained prior to any construction 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Brunswick County system. Subaqueous utility installation from mainland and underneath AIW W channel using directional boring m. Will water be impounded? _Yes X No If yes, how many acres? n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A tNON1(S I SLAKQ I UZASeT11 96LS00 Applicant or Project Name Sign t e .� Date Pp1v��P GE G� Pg'C P 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) __Commercial X Community_Private (1 community dock systems and 1 canoe dock) (2) Number (community dock system) 1 fixed pier, 1 fixed dock spine, 1 floating dock spine (canoe dock) I fixed pier, 1 floating dock (t) (3) Length (community dock system) Pier 160 LF Fixed dock spine 105 LF . Floating dock spine 72 LF. (canoe dock) Pier 145 LF Floating dock 20 LF (4) Width. (community dock system) Pier 6 LF Fixed dock spine 10 LF Floating dock spine 10 LF. (canoe dock) ' Pier 6 LF Floating T 6 LF (community dock system) (i) Number 1 gazebo (ii) Length 26' (iii) Width 20' (7) Number of slips proposed 10 slips (5 w/ lifts) (8) Proximity of structure to adjacent riparian property lines (island dock system) approximately 700' to adiacent riparian corridor (island canoe dock) 15' from adiacent riparian property line (9)Width of water body AIWWapproximately 500 LF (Waterward edge of marsh on island to MHW on mainland - no marsh on waterward edge of AIWW on mainland). Old Shallotte River where canoe dock is proposed — average 28 LF (10) Water depth at waterward end of pier at MLW or.NWL Depths within slips of community dock system ranee between 0.1' and -6.4' MLW. Depths at end of canoe dock pier is approximately 1 11 A. <S, b. Boathouse (including covered lifts) N/A M Commercial Private (2) Length (3) Width (5) Finger Piers X Yes _ No c. Groin (e.g. wood, sheetpile, etc.) N/A (community dock system —fixed dock spine) (1) Number (i) Number 6 (2) Length(s) (ii) Length 24 LF (iii) Width 3 - 4 LF, 3 - 6 LF. d. Breakwater (e.g. wood, sheetpile, etc.) N/A . (community dock system — floating dock spine) (1) Length (i) Number 3 (2) Average distance from MHW, NWL or . (ii) Length 24 LF wetlands (iii) Width 4 LF (3). Maximum distance beyond D_ , or wetlands (6) Platform(s) X Yes —No p,4� �oN GAME O�J� MPNP e. Mooring buoys N/A (1) _Commercial _Community_ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _Commercial X Community _Private (2) Number 5 boatlifts (3) Length boatlifts 12' 6" outer edge to outer edge (4) Width boatlifts 12' 6" center to center g. Other (Give complete description) Applicant or Project Name Signa e J6/o IC3 Date Revised 03/95 5 A 1 MAN of CpP 10 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tommy Therrell PROJECT NAME: MONKS ISLAND 2. LOCATION OF PROJECT SITE: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County Photo Index - 2000: 1-12 Grid F-13 thru 20 1995: 2-25 Grid MN-10 thru 18 State Plane Coordinates - X: 2 189 000 Y: 59 000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 3, 2002 Was Applicant Present - Agent Was Present 5. PROCESSING PROCEDURE: Application Received - April 14, 2003 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP - (B) AEC(s) Involved: OH, PT, EW, ES, CW (C) Water Dependent: Yes and No (D) Intended Use: 5-lot residential subdivision with amenities (E) Wastewater Treatment: Existing - None Planned - Individual Septic Tanks (F) Type of Structures: Existing - Spoil Dike Planned - Docks, Cart Path, Water Line, Helicopter Pad (G) Estimated Annual Rate of Erosion: 2'/Year Per Erosion Rate Maps 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Shaded Coastal Marsh 2100 sf (B) Non -Vegetated Wetlands Shaded Open Water 3418 sf (C) Other Disturbed High Ground 1.8 acres (D) Total Area Disturbed: 1.9 acres (E) Primary Nursery Area: No (F) Water Classification: AIWW(SA),Shall otte River(CSwHQW) Atlantic Ocean (SB) Open: Yes 8. PROJECT SUMMARY: The applicant plans to develop a portion of an existing spoil disposal island into five residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots. S 1 Therrell - MONKS ISLAND Page 2 NOTE. BLUEPRINT SIZE PLANS ARE AVAILABLE FOR REVIEW 9. NARRATIVE: The proposed project is located on Monks Island, a small spoil disposal island, landward of the west end of the island of Holden Beach. The spoil island is located on the Atlantic Intracoastal Water (AIWW) between the Shallotte River and Saucepan Creek, Brunswick County. The island is across the AIWW from Shallotte Point and Hughes Marina. It is not accessible by car. Monks Island is privately owned by the Pigott families ( F.E. Pigott and McKee Pigott). The 11-acre subject tract of this application is owned by F. E. Pigott with the remainder of the island being owned by McKee Pigott. The project plans only show the portion of the island owned by F. E. Pigott. The U.S. Army Corps of Engineers has an easement over a large portion of the island for spoil disposal of dredge material from the AIWW. The island is currently used to deposit dredge spoil material. The dredge spoil has built this land up over the years to 29' above sea level (according to the application). The island is high ground, surrounded by federal wetlands, coastal marsh and the waters of the AIWW , Old Sound Channel and the. Shallotte River. The applicant proposes to subdivide his 11-acre tract of Monks Island into five residential lots. The lots would be accessible by boat and helicopter. Golf carts would provide the primary mode of travel from the proposed community dock to the five home sites. A wooden, 30' by 40' parking "deck" to park the golf carts is planned near the AIWW, immediately landward of the 30' buffer zone from mean high water. This uncovered parking deck would be located within the Corps of Engineers' right-of-way. A wooden golf cart path/boardwalk is planned to extend from the parking deck to the lots and future residences. The boardwalk transitions into a reinforced (turf grid) sand path at the end of the Corps right-of-way line. The wooden boardwalk (cart path) is designed to span the Corps' dredge pipe sleeve. See sheet 3 of 10 for the sleeve location. See sheet 5 of 10 for the turf grid detail. The project consultant indicates that there will be 1.64% impervious surface coverage within the Estuarine Shoreline Area of Environmental Concern. The house footprints shown on the plans are for illustrative purposes only. The developer plans to put in the infrastructure and sell the individual lots (per East Coast Engineering). The buyers would develop the individual lots. Septic permits have been issued by Brunswick County for the proposed development. The approved locations for the septic systems are shown on sheet 6 of 10. All utilities as well as a County water line from the mainland are to be extended by directional bore under the AIWW to serve the five lots. Authorization for the water line extension and other utilities are not being requested as part of this application. A 2500 square foot helicopter pad is slated for construction. The landing option is proposed in the event of an emergency. See the site plan, sheet 3 of 10, for the proposed location. The applicant is also proposing a 10-slip community dock on the AIWW side of the island. A pier, gazebo, fixed dock with 5 boat lifts and floating dock with 5 boat slips are proposed (for a total of 10 boat slips). See sheet 7 of 10 of the plan drawings for the proposed dimensions of each structure. The square footage of the AIWW dock is approximately 3274, which is well under the 4 square foot of dock per linear foot of shoreline requirement. The tract has more than 1000' of shoreline. The low tide water levels range from -0.1' to -0.6' in the vicinity of the proposed boat slips. Sheet 7 of 10 shows spot elevations with the low water depths in parentheses. A 6' by 20' canoe access floating dock is proposed on the Shallotte River side of the island. The channel in this area is less than 30' wide and very shallow. No boat slips are proposed in conjunction with the canoe dock. The dike slope on the south side of the tract near the Shallotte River will require grading and extra stabilization measures in order to construct the proposed cart path. The grading plan is on sheet 4 of 10 with the proposed stabilization detail on sheet 5 of 10. The existing raised bean along the top of the dike slope is to be removed and the existing slope is to be graded down to a 1:1 slope reinforced with a geotex fabric. b Therrell -MONKS ISLAND Page 3 The water/marsh environment around Monks Island is dynamic, experiencing influences from the Atlantic Ocean, Shallotte Inlet, the AIWW and Saucepan Creek. The property to be developed is located within the high hazard flood zone (V Zone) as designated by the Federal Emergency Management Agency. The property is located within multiple areas of environmental concern for the Division of Coastal Management, including Ocean Hazard, Estuarine and Public Trust Waters, Coastal Wetlands, and Estuarine Shoreline. The waters of the Atlantic Intracoastal Waterway have been classified as SA by the Division of Water Quality. Waters in.this classification are deemed suitable for shellfishing for market purposes, recreation, aquatic life propagation and survival, fishing, and wildlife. The waters of the ARM are open to the taking of shellfish. The AIWW in this area has not been designated as a fish nursery area. The waters of the Shallotte River are classified as C Sw HQW. The "HQW", high quality waters, designation is assigned to waters that are rated as excellent based on biological and physical/chemical characteristic based upon monitoring or special studies. The Shallotte River is open to shellfishing and a nearby area has been used successfully by the Division of Marine Fisheries for a shellfish bedding and propagation project. The Shallotte River nearest the project area has not been designated as a primary nursery area. The Atlantic Ocean has been classified as SB waters by the Division of Water Quality and is open to shellfishing. 10. ANTICIPATED IMPACTS: The project, as designed, will result in the land disturbance of approximately 1.9 acres of high ground and operf water area. The development proposal does not include plans to fill or excavate any federal or coastal wetlands. No dredging is proposed. However, the existing shallow low tide water depths may result in bottom disturbance when property owners/guests. try and use their boat at low tide. Construction of the two proposed piers will result in the shading of approximately 2100 square feet of coastal wetlands (marsh). About 3418 square feet of open water will be shaded by the proposed dock structures. A total of ten boat slips are planned. The 3418 square foot figure does not take into account the open water slip areas where the boats will be moored. There should be no impacts to navigation as a result of dock construction. The pier length on the AIWW will be controlled by the 80' setback from the edge of the AIWW channel, which is more restrictive than the 1/4 width of the waterbody rule requirement. There are no adjacent dock structures. The directional bore under the AIWW for the utility extension is not included in the proposal. Individual houses are not included in the proposal. The U.S. Army Corps of Engineers has already commenced review of the potential impacts from the proposed development to their upland disposal project at this location. The Corps began this review in 2002 when an initial plan for development was submitted. Details of the development plans have changed somewhat over time but the proposal for the 11-acre tract on the island remains relatively the same. . Sedimentation/erosion control measure will be needed to control runoff, especially on the southern side of the dike wall where the berm will be removed and the slope graded. The Corps of Engineers has an interest in making an on -site inspection after this work has been completed. See Chris Frabotta's trip report dated November 22, 2002. The potential use impacts of the 6' by 20' canoe dock on the Marine Fisheries shellfish project in the Shallotte River is unknown. Janet M. Russell / Wilmington / June 13, 2003 e t Project Narrative Monks Island Residential Development Brunswick County April 2003 Proposed Development: The project area involves 11.11 acres of Monks Island. The applicant proposes to develop five residential lots within the Monks Island property. A community dock system is proposed on the Atlantic Intracoastal Waterway (AIWW) to provide access to the island. A canoe dock for recreational use by the residents is also proposed on the Shallotte River. Existing Environment: Monks Island is located in southern Brunswick County approximately 0.5-mile north of Shallotte Inlet. Monks Island is situated between the Atlantic Intracoastal Waterway (AIWW) and remnants of the old Shallotte River channel, just north of the western end of Holden Beach. Monks Island has been historically utilized as a spoil disposal area by the US Army Corps of Engineers. Existing topography on the island reflects this prior usage, and.two concentric dikes are present within the project area. Elevations within the centermost dike average +29' MSL. Elevations between the inner and outer dike average roughly +20' MSL. A steep slope is present from the outermost dike to the edge of the island, and elevations drop sharply to roughly +6' MSL. On the southern side of the island, a lower area of upland is present between the base of the slope and the fringing marsh. At the base of this slope, two physically isolated federal wetland areas have been delineated. Soils on the upland portions of the island are a sandy fill material, typical of a Newhawn soil series, with small inclusions of marine sediments. The central area of the island property, where elevations are highest, is sparsely vegetated by Uniola paniculata, Spartina patens, Optunia compressa, and Cenchrus tribuloides. In addition to these species, Andropogodon, Yucca, Juniperus virginiana, Baccharis are present on the lower upland elevations and along the upland slopes. Within the upland located the base of the slope on the southern side of the island, Spartina patens dominates. Myrica cerifera dominates the two wetland pockets. A typical tidal salt marsh fringes the entire shoreline of the island. Spartina alterniora and Spartina patens dominate with some patches of Juncus roemerianus, Limonium carolinianum, and Salicornia virginica present. In addition to the topography, the man-made .features include approximately thirty linear feet of shoreline along the AIWW that is un-vegetated. This area is denuded since it has historically been the equipment access point into the island. Upland Development: Five residential lots are planned on the Monks Island property. Each residential lot will,,,,. �q be allocated 3,500 square feet of impervious area between the inner and outer d the southern side of the island. Suitable soils for individual, on -site wastewater tre systems were available in this general area. Improvement permits have been obtaine r each lot from the Brunswick County Health Department. DIVIS101 Monks IslanaGOAS'AL MAP Apri12003 Water and other required utilities will be provided by the existing systems accessed from the mainland. Lines to the island will be installed beneath under separate permit. will be AIWW, A 10'-wide wooden boardwalk will be constructed to provide access from the 'I planned dock system on Monks Island to the U.S. Army Corps of Engineers right-of-way. Outside the Corps right -of --way, an 8' wide reinforced sand cart path will be constructed to provid access to each lot. A 50' x 50' helicopter pad is planned on the southwestern side of the island. The helicopter pad is needed to provide quick response in the case of a medical emergency. I Approximately 1.8 acres will be disturbed for the proposed development. Tempgrary silt fencing will be used to prevent any significant amounts of sediment from leaving I the site. The silt fencing shall be inspected regularly, and the accumulated sediment regioved to prevent the conveyance of sediment to any off -site areas. The primary permane a erosion control measures that will remain after the temporary measures are removed will be permanent grassing, concrete and asphalt pavement. A Major CAMA permit is required for this project, prior to any construction. In a State -approved sedimentation and erosion control plan and a State' St Management permit are required. Stormwater Management The proposed development is less than 25% impervious, and is a low -density roject. Stormwater runoff from the proposed development will be allowed to sheet flo I across the site. Water -Dependent Structures: A community dock system is proposed to provide access to the island lots. 7 system will be an open -water system on the AIWW. The waterward extent of system is proposed at the 80' Corps -maintained setback, and is less than one-fou of the channel width. The dock system will be comprised of a fixed dock spine finger piers, and a floating dock spine with four finger piers. The slips will be perpendicular to the waterway channel, and five of the ten slips will contain boa canoe dock is also proposed as an amenity for the planned lots. The canoe docl located on the southern side of the island within a remnant channel of the ShaIlol and would consist of a 6' wide fixed pier and a 20'x 6'fixed T-head. O,V1 NjpN CO AS'IN Monks L April dock dock (1/4) h six ts. A rill be River Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Holden Beach Area, access from AIW W a. Applicant: Name Mr. Tommy Therrell Address 1712 Ruben Road City Monroe State NC Zip 28112 Day Phone (704) 889-2055 Fax (704)889-2056 b. Authorized Agent: Name East Coast Eneineerine Comoanv. P.A. Address Post Office Box 2469 City Shallotte State NC Zip 28459 Day Phone (910) 754-8029 Fax (910)754-8049 c. Project name (if any) Monks Island -WDT!F- Permitwilfbeissuedmnameof fandowner(s), and/or _project name. 2. LOCATION OF PROPOSED PROJECT a. County Brunswick c. Street address or secondary road number. Between the AIW W and Shallotte River Channel d. Is proposed work within city limits or planning jurisdiction?Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) AIWW 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities.) Five residential lots, a golf cart path for access to the lots, a community helicopter pad, a community ten - slip dock system, a community canoe dock and utilities for the residential lots. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project, be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of the project is to develop 5 residential lots and Drovide the reouired access and pPR �N15k®N of Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 11.11 acres b. Size of individual lot(s) Range 1.43 — 3.55 acres c. Approximate elevation of tract above MHW or NWL Ranee 6' MSL — 29' MSL. d. Soil type(s) and texture(s) of tract Sandy fill material, with marine sediments. e. Vegetation on tract Upper most portion of island sparsely vegetated by Uniola paniculata, Soartina patens, Optunia commma, and Cenchrus tribuloides. In addition to these species, Andropozodon, Yucca, Juniperus virginiana, and Baccharis are present along inland slopes. Spartfna alterniilora and Soartina patens dominate fringing coastal marsh with some Juncus roemerianus, Limonium carolinianum, and Salicornia virzinica f. Man-made features now on tract Monks Island is a spoil disposal area used by the Corps of Ent3neers. Spoils were deposited behind the AIW W Right -of --Way in the past, and created the existing topography g. What is the CAMA Land Use Plan land classification of the site? (cone t the vocal rand weplai) Conservation Transitional Developed Community x Rural (island) Other h. How is the tract zoned by local government? R-7500 i. Is the proposed project consistent with the applicable zoning? Yes X_No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? NIA k. Is the project located in a National Registered Historic District or does it inolve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? XYes —No Coastal (marsh) X Other_ If yes, has a delineation been condu ed? YES (Attach documentation, 1favailable) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial I effluent, "wash down" And residential discharges.) No direct o. Describe existing drinking water 5. ADDITIONAL INFORMA In addition to the completed ai following items must be submitted: A copy of the deed (with state ap other instrument under which the title to the affected properties. If tb claiming to be the owner of said forward a copy of the deed or other which the owner claims title, plus from the owner to carry out the pro An accurate, dated work plat (inclu cross -sectional drawings) drawn to on an 8 ''/s" by 11" white paper. Resources Commission Rule 710, description.) source. form, the ration only) or plicant claims applicant is not property, then istrument under tten permission gplan view and de in black ink ;fer to Coastal for a detailed Form DCM-MP-1 Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. A Stormwater Management Plan was submitted for review on February 19, 2003 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 certifiedmail. 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Hilda and McKee Pigott Address 3941 Halifax Road Phone Wilmington, NC 28403 Name Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. funds or use of public lands, attach a statement documenting compliance With the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 09 day of April 2003 Print Name Elizabeth Nelson, Authorized Agent Signature Land er orAuthorbed Agent Please indicate attachments pertaining to your proposed A check for $250 made payable to the Department of Project. Environment and Natural Resources (DENR) to cover the costs of processing the application. A signed AEC hazard notice for project in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public DCM MP-2 Excavation and Fill hformation •_ DCM MP-3 Upland Development • DCM M04 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom ofeachform Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for LAMA Major Permit, For DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Five residential lots are planned for future houses. b. Number of lots or parcels c. Density (give the number ofresidential units and the units per acre) 5 units. 0.5 residents/acre. d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 1.8-acres will be disturbed above mean high water for the proposed development e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted To be submitted concurrent with this application. f. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surfaces. Section of cart path will be a wooden boardwalk. Remainder of cart path will be reinforced sand in a cellular confinement system. Helicopter pad to be designed by others. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 1,64% h. Projects that require a CAMA Major Revised 03195 Development Permit may also Certification. Has a site deg submitted to the Division Management for review? Y Yes No i. Describe proposed method of j. Have the facilities described in received state or local approval? _ (Attach appropriate documentation) a Stormwater at plan been disposal. I. above k. Describe location and type lof proposed discharged to waters of the state Sifor example, surface runoff, sanitary I wastewater, industrial/commercial effluent, "wash down" and residential discharaes). 1. Describe proposed drinking water (e.g. well, community, public systerr a.A source channel using directional boring m. Will water be impounded? _Ye§ X No If yes, how many acres? n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A t�L)N1(S I SLAUQ Eu7ABen4 geLsot, Applicant or Project Name Sig�e _ Date HE TO �P�MP GE G� PS 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) __Commercial X Community _.Private (1 community dock systems and 1 canoe dock) (2) Number (community dock system) I fixed pier, I fixed dock spine. I floating dock spine (canoe dock) 1 fixed pier. 1 floating dock (t) (3) Length (community dock system) Pier 160 LF Fixed dock spine 105 LF . Floating dock spine 72 LF. (canoe dock) Pier 145 LF Floating dock 20 LF (4) Width (community dock system) Pier 6 LF Fixed dock spine 10 LF Floatingdock ock spine 10 LF. (canoe dock) Pier 6 LF Floating T 6 LF (5) Finger Piers X Yes _ No (community dock system —fixed dock spine) (i) Number 6 (ii) Length 24 LF (iii) Width 3 - 4 LF, 3 - 6 LF. (community dock system — floating dock spine) (i) Number 3 (ii) Length 24 LF (iii) Width 4 LF (6) Platform(s) X Yes —No (community dock system) (i) Number 1 gazebo (ii) Length 26' (iii) Width 20' (7) Number of slips proposed 10 slips (5 w/ lifts) (8) Proximity of structure to adjacent riparian property lines (island dock system) approximately 700' to adiacent riparian corridor (island canoe dock) 15' from adiacent riparian property line (9) Width of water body AIWW approximately 500 LF (Waterward edge of marsh on island to MHW on mainland - no marsh on water -ward edge of AIWW on mainland). Old Shallotte River where canoe dock is proposed — average 28 LF (10) Water depth at waterward end of pier at MLW orNWL Depths within slips of community dock system ranee between 0.P and -6.4' MLW. Depths at end of canoe dock pier is approximately 1.2' MLW b. Boathouse (including covered lifts) N/A (1)_ Commercial _Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A . (1) Length (2) Average distance from MHW, NWL or . wetlands _ s e (3). Maximum distance beyond v`�' or wetlands ,ME r e. Mooring buoys N/A (1) _Commercial _Community_ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body- (5) Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _Commercial X Community_ Private (2) Number 5 boatlifts (3) Length boatlifts 12' 6" outer edge to outer edge (4) Width boatlifts 12' 6" center to center g. Other (Give complete description) K6Ni;s�SLAQD �uzavFa+UFz Applicant or Project Name Signa6he Date Revised 03/95 0 1� Oidtv�EN i p,y MANpfia CONS"",- AEC HAZARD NOTICE Project Is In An Date Lot Was Platted: Ocean Erodible Area -)(- High Hazard Flood Area _)� In Tltis notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. - - The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize but not eliminate, .property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is 2� feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as3W feet landward in a major storm. The floodwaters in a major storm are predicted to be about I (,'_2i� feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application twill not be complete. Applicant's Signature v Date PLEASE PRINT NAME, ADDRESS 6 TELEPHONE 11 SPECIAL t4OTE: This hazard development in areas subject tc storms and erosion. Permits issued area expire on December 31 of the year in which the permit was issue begins on the project site, the Le determine the vegetation line and site. If the property has seen little d development can still meet the se LPO will inform you that you may tant that you check with the LPO b for official approval to continue th has expired. Generally, if founda placed and substantial progress renewal may not be necessary. If s not been made, the permit must 1 setback line established. It is unla after permit expiration without th For more information, contact: Local Permit Officer lJ l�%15��Y1 OF Address Hazard Area iotice is required for sudden and massive Dr development in this drd year following the 1. Shorth, before work al Permit Officer will tback distance at your urge and the proposed )ack requirement, the egin work. Itis impor- ore the permit expires work after the permit on pilings have been s continuing, permit bstantial progress has renewed and a new iful to continue work approval.. jZ-I C-19�InAA PT�%'WE Locality Phone � lu 3°t5-3 ,00 Revised 11193 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannotbe guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront struc- tures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are in- tended to avoid an unreasonable risk to life and property and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune and set back from the first line of natural stable vegetation a dis- tance equal to 30 times the annual erosion rate (a n+inim um Of 60 feet). Large structures (multi-familyresidential struc- tures greater than 5,000 square feet and non-residential structures greater than 5,000 square feet) must be setback from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate or 120 feet, ' SETBACK ' SETBACK I FIRST LINE OF K STABLE ( NATURAL 60 x ALI AL AVERAGE AVERAGE I VEGETATION O� IEROSION I EROSION IRATE I RATE (LARGE (SMALL I STRUCTURES) I STRUCTURES) I whichever is greater. If the erosion rate is greater than 3.5 feet/year, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers", taking the beatings of the winds and waves and protecting the inland areas. By setting back 30 or 60 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June of 1979, might prove a hardship for someproperty owners. Therefore, theyestab- lished an exception for lots which cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership, (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line, (3) no development can take place on the frontal dune (4) special construction standards on piling depth and squarefootage must be met and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot area as calculated from vegetation line piling length needed to extend 4 feet below MSL PRE -PE RM IT STR UCTURE; INAO EQ LATE S ETBACK PERMITTED STRUCTURE; PRE -STORM BEACH PROFILE ADEQUATE POST -STORM BEACH PROFILE SETBACK ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. f,S�fic� 'ER5T COAST ENGINEER I Jun-13-03 O2:38vn from 9107548049-)910358200 ea9e 2i 2 u JUrl-13-17:f nc:c� m rrom 104(645212 -> EAST COAST ENGINEERI page 1 E16/13i2003 02:04 7047645212 TOMMY TNERRELL PAGE 01 ... ...... -. .__ - ♦run riaT516racN r rig, a sent bn1FAST f;DAIT CKN:M9ei: )un-I UdI AYARD worart Propat is In An, � Deem Fradloli AMa -)L HWh Hazard plood Area „)!LlnIat Hazard Ana Data Lot was Platted _ Op&M NpT6t Tldi hoard notim it ra�tRrad jox asi n TvknaKealatntardadtotgdta tideappllaalrawtry devdaptaznttrtarre eutjsatmauddtn inninW& ammuandarc+lm. 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H panyn� 1ua atc�tt�q "4y, it iourtdvKon paanya t we bpev plosion, tha CoiMI Aonuncef Coavnieaka dw naT ylaatti uxl sutnWtttat a u mntlncL�, oa.•tnii 6u the ea6a'attlud andnumatre rat4walsea tye IfsAtoanahis lla )hay stutmdwAlletOthl ff"IdapEtait r4l6aeTt tnRat4tM, it - the �acortl nl afieta The but evaiable Warmagoryss a b tame wnl law C/tqb "" ad.. is � to cantlnua wprl'. a� Y �` abKfmKrn.te)<pneaa11W1t4a1ntaaaFyiOVia. itaea13rt4a Cotltkplmtr Ind1101111 Rt01 UN pMu ash anston rea loc tF,to:sa W }Vuw pkvparty Iola Is ;}=testpayeK. peraoalnteaeteten 00511th TM rats was ! t1:eik.MAhtd by UNN aulyslo at Marla: phom�apY+a os agotLna is7wn viva fttspac 5n yaora. 9tue40 also itAaate SSlist 6a aharvl* semi ma" as �—�_ ,,,y� Mu& eat. teu:arleard Ln a mlor ata,•m, lacsf lserNt DMLa � TSetlaodwaterainamaf7eeteetn,Qeprais/edtoSeabout 'O:alstar, ol` CeM.i�•1� {f�-�,' taasdaspinthttarm , Prol'aared oauvirant protecuarr meaturss art beach Assuan nour:ahment and relacatlon a thraexted sirttstmat, 1 ul C{4edt1 V�•i �t'i1lf. sJli• dare eos)on am srutarn such as bultat14461, ovawalla,rooemunts, g"IN, Jenir and yIWtppatars ere lsasaty prabydMbtted�,parWdevicae,inaltadlatQamidbayo,map Q;Zusd of aart.intoodttmu (,y7 i f'L f�a,i'IIr1. Thuttruatrre"llberolocatedo Qsmant4lwithnem As Yuri 069M AN Immir mdy Weaved. 'be tr 14 nt must u t wlzd) z�th' i if9belo s t.qutr rem by al�tlnS re h bttvs� spa, 'Kitttg9t the,ptbpst at5netum ttu ap dom will oat be rem Ike dpv'ia+re ✓��� Dole )%WS MW tU4, ANUO 6 29412110M t M2•`p6p1n~�( !I �F4ER�7 f 17742 OAQ MoireoE� AIL ,�QJIa- • Rirlsediuta DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Tommy Therrell County: Brunswick LOCATION OF PROJECT: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 14, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Janet Russell DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: / 03 FEE REC'D:$ Yw PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 7 o/u3 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ APPLICATION ASSIGNED TO: ON: C- zo--3 C) 75 DAY DEADLINE: /-�r-,Lo3 150 DAY DEADLINE: 0 3 r1 Z 9/03 MAIL OUT DATE: LOWOY2 STATE DUE DATE: ► 0-s FEDERAL DUE DATE: FED COMMENTS REC'D: 1/03 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON !�/7-4/03 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ell 1/0, 1 V Coastal Management - LUP Consistency Glf y /u 3 ✓ Division of Community Assistance Land Quality Section G /�y�c'a ✓ Se f c , Division of Water Quality N c- -0 0 3u c(� Storm Water Management (DWQ) p o3 ✓ SW® /J'd'• 37/l0f State Property Office rllslo3 ✓ s!Q R Z5NA Division of Archives & History % /�(v3 ✓ Division of Environmental Health `b 15/o GUrK ,,,,,4-r Division of Highways % 0 ✓ Wildlife Resources Commission S��(03 ✓ p/L1 N4 Division. of Water Resources Division of Marine Fisheries JJG Submer ed Lands (DMF) 415c PAZ pc XE-0 (u• l l%t v v- fA&" rr / SJ r� RECOMMENDATION FOR MONKS ISLAND BRUNSWICK COUNTY The Division of Coastal Management, Wilmington Office, recommends that the permit be issued with the following conditions and note: Note: This permit authorizes a 10-slip community docking facility, a 20' by 26' gazebo (drip) line), a 30' by 40' cart deck, a 10' wide boardwalk/golf cart path, a 50' by 50' helicopter pad, a 20' by 20' uncoveed deck on Lot #5 at the end of the cart path and a 6' by 20' floating canoe dock. ✓1. No wetlands will be filled or excavated on this site. /(2. An as -built survey will be submitted to the Division for review after the permitted structures are constructed. The survey will contain or show the riparian corridor lines, 80' setback from AIW W channel, �idth of the water bodies, mean high water, 30' buffer from mean high water, all structures along with dimensions 3. The 4' by 24' fmger pier at the eastern end of slip #10 will be relocated to the area between slips #9 and #10. 4. No more than a total of 10 boats (regardless of size) may be moored or docked at the community docking facility. No more than one boat may be docked in each slip. No boats may be docked or moored on the end or back side of the floating dock. 5. No boat slips are authorized at the canoe dock on the Shallotte River 6. Dredging by any means, including "kicking" with a boat propeller, is not authorized and will 'I e a violation of this permit. 7. No attempt will 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. 8. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 9. 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 structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. 10. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this pemut for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11. This permit does not authorize the interference with any existing or proposed federal project, and the permittee will not be entitled to compensation for damage to the authorized structures or work or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Note: Future development on the permittee's property may require a modification of this permit. Contact a representative of the Division at 910 395-3900 prior to commencement of any such activity for this determination. ....Continued on Page 2..... c% Y Recommendations - Monks Island Page 2 Note: Permanent reflectors should be attached to the dock stabilization pilings in order to rake the structure more visible during hours of darkness or inclement weather. Note: The permittee and /or his contractor is urged to meet with a representative of the D}vision of Coastal Management prior to project initiation. "Please add all applicable conditions from the Ocean Hazard / Inlet Hazard rules to the Note: No public funds may be used to extend services to this area, (See 15A NCAC 07H.03 TO: FROM: SUBJECT: DATE: MEMORANDUM Doug Huggett Major Permits Processing Coordinator James E. Rosich, AICP Wilmington District Planner RECEIVED JUN 1 9 2003 DIV. OF COASTAL MANAGEMENT RALEIGH CAMA Major Permit Application Land Use Plan Consistency Determination: Mcoks Island/Tommy Therrell — Brunswick County June 17, 2003 Introduction The applicant is proposing to develop approximately 1.9 acres of an existing spoil disposal island into five (5) residential lots with associated site amenities. These site amenities include: a paved golf cart path for access to individual lots; a helicopter landing pad; 10-slip community dock attached to a pier and gazebo; and a community canoe dock. Individual houses and directional bore under the Atlantic Intracoastal Waterway (A/WW) to install utilities are not included in this CAMA Major Permit Application or Land Use Plan consistency determination. According to the Division's Field Investigation Report, the project site is located within the following Areas of Environmental Concern (AECs): Ocean Hazard Area (OHA); Public Trust Area (PTA); Coastal (Estuarine) Shorelines (CS); Estuarine Waters (EW); and Coastal Wetlands (CW). Listed below is a table of water quality classifications. W0 8ssDification O Pe Shellfishin Nu rea Atlantic Intracoastal Waterwa AIWW SA YES NO Shallotte River C-Sw—HOW YES NO Atlantic Ocean SB NO NO Consistency Determination This development proposal has been reviewed for consistency with the Brunswick County Land Use Plan 1997 Update. This project appears to be consistent with the LUP provided all federal, state and local regulations are met. Summary Table Site Development AEC Impacts Applicable LUP Policies Consistent Residential Lots OHA CS - Lot 5 8.1.2.0; 8.1.2 d 8.1.2 e ; 8.1.10 Consistent with LUP Paved golf cart path OHA/CS 8.1.2.0 8.1.2 d 8.1.2 a Consistent with LUP Helicopter landing ad OHA/CS 8.1.2.0; 8.1.2 d ; 8.1.2 a Consistent with LUP 1 0-slip community dock OHA/PTA/EW 8.1.2.0; 8.1.2(b); 8.1.2(c); 8.1.8 a Consistent with LUP Pier and gazebo OHA/CS/PTA/EW/CW 8.1.2.0; 8.1.2(a); 8.1.2(b) 8.1.2(c); 8.1.2 d • 8.1.2 e Consistent with LUP Community canoe dock OHA/CS/PTA/EW/CW 8.1.2.0; 8.1.2(a); 8.1.2(b) 8.1.2(c); 8.1.2 d e 8.1.2 e Consistent with LUP Land Use Plan Land Classification Monks Island is located within the Ocean Hazard AEC. As such, the land classification for the entire island is Conservation. According to the LUP, the purpose of the Conservation classification is to provide for the effective long-term management of significant, limited or irreplaceable areas. Management is needed due to the natural, cultural, recreational, scenic or natural productive values of both local and more than local concern. Urban services, public or private, should not be provided in these areas as a catalyst to stimulate intense development. In most cases, limited on -site services will adequately support any limited development within this class and will also protect the very features which justify the area's inclusion in the Conservation classification. Land Use Plan Policies LUP Policy 8.1.2.0 — Areas of Environmental Concern — Brunswick County will support and enforce, through its local CAMA permitting capacity, the State policies and permitted uses in the Areas of Environmental Concern (AECs). Such uses shall be in accord with the general use standards for coastal wetlands, estuarine waters and public trust areas and ocean hazard areas as stated in 15A NCAC Subchapter 7H. LUP Policy 8.1.2(a) — Coastal Wetland AECs — Due to the critical role that wetlands play in protecting the quality of estuarine waters and in providing habitat for fish and wildlife, Brunswick County strongly supports the efforts of State and Federal agencies to properly designate and preserve coastal wetlands. Such preservation shall be balanced with the economic and community values of piers, docks and marinas which serve the public, whether they be publicly or privately owned. LUP Policy 8.1.2(b) — Estuarine Waters AECs — Developments and mitigation activities which support and enhance the natural function, cleanliness, salinity and circulation of estuarine water resources shall be supported. LUP Policy 8.1.2(c) — Public Trust Area AECs — The community's need for piers and docks, whether publicly or privately owned, shall be tempered by the rights of the public for the free and open use of public trust waters for navigation, shell fishing, and other uses. Efforts of State and Federal agencies tp limit the length of docks and piers as they project into estuarine waters are especially supported. LUP Policy 8.1.2(d) — Estuarine Shoreline AECs — Brunswick County supports the protection preservation of its estuarine shorelines, as enforced through the application of CAMA use sts LUP Policy 8.1.2(e) — Ocean Hazard Area AECs — Brunswick County supports state and federal for the management and development in the Ocean Hazard AECs under the County's planning jurisdiction: the Baptist assembly grounds and part of Bird Island. LUP Policy 8.1.8(a) — Marinas — As a means of providing public access to area surface wates, County encourages environmentally responsible marina development in accordance with State standards for AECs. Marina facilities also shall be evaluated for site specific compatibility with surrounding land uses, as well as for aesthetic concerns, parking, access, and available service LUP Policy 8.1.10 — Development of Sound and Estuarine System Islands — Development of sound and estuarine system islands, while not encouraged, is permitted, provided that impacts on the natural environment are properly mitigated. if such islands must be developed, low -density uses such as open space, recreation, and very low density residential shall be the preferred uses. When such islands are deemed to have greater than local significance, the County encourages the State or Federal governmer to purchase these environmentally -sensitive areas for the benefit of all residents of the State. cc: Charles S. Jones, DCM Caroline Bellis, DCM Leslie Bell, Brunswick County File NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 16, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tommy Therrell/Monks Island Project Location: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and ,utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: _X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED //y! 6Z�"TE (� VZ-C)U 7J 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity %Affirmative Action Employer - 50% Recycled %10% Post Consumer Paper brr3 11 '1 a rr_ NCDENR� North Carolina Department of Environment and Natural Resources----..-, Division of Coastal Management `" f Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 16, 2003 MEMORANDUM TO: Ms. Noelle Lutheran for: Mr. Alan W. Klimek, P.E., Director Division of Water Quality FROM: SUBJECT Applicant Project Location: Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Tommy Therrell/Monks Island E.CEIVE 4:� u® JUN 2 4 2003 D1V.01FCOARSATAALMMAANAGEMENT Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: _�_ This agency has no objection to the project as proposed. 4A 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 (7„� .0 DATE U(n , l G r C 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper MEWRANDUM TO: John Dorney Non -Discharge Branch Regional Contact: Noelle Lutheran WO Supervisor: Rar-kShiver SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS -Facility Name 7 7-- ,Tommy Therrell Monks 4sland- Project um er! :0749 m, 1)CM L R BYReolkeq _Received �,� c Eke rvl� e ca t:� 1 !6/19/03 Protect Type residential lots mrfamenities. Certificates F_ [Pemniti,Wetlandl! - Wetland 1?Wetland] :Type-1[ Impact, Ji Score L. All, FC_AMAF_0_THF*Y ON F N SA I HQW 15-25-2-161 SA I HQW Date: 9V_i �Brunswjck�. CoUn!y�2 i [R4'o-rf lWarninkt.ow- I Stream Impacts (ft.) Is Wetland Rating Sheet Attached? OY ON Did you request more info? OY ON Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objection to the project as proposed provided that all local state- and federal permit are secured. A 401 Water Quality Certification is not required. NL cc: Regional Office Page Number 1 Central Office �OF WATFRQG Michael F. Easley, Governor \O (0 7 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ti O Alan W. Klimek, P.E. Director Division of Water Quality May 1, 2003 Mr. Tommy Therrell 1712 Ruben Road Monroe, NC 28112 Subject: Stormwater Permit No. SW8 030227 Monks Island Low Density Subdivision Permit Brunswick County Dear Mr. Therrell: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Monks Island on February 21, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030227, dated May 1, 2003, for the construction of the project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 395-3900. Sincerely, R-�i.C- lz- Rick Shiver Water Quality Regional Supervisor RSS/:arl S:\WQS\STORMWAT\PERMIT\030227.may03 cc: David Bowman, P.E. Delaney Aycock, Brunswick David Thomas, NCDOT Di Doug Huggett, DCM Janet Russell, DCM Wilmington Regional Office Central Files County InspectionR vision 3, District 3 MAY 0 2 2003 "D OF COASTALIMAO AGEMENT N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 State Stormwater Management Systems? I'"4 , - Permit No.SW8 030227 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations j�j C E 17' ji y E SION IS HEREBY GRANTED TO 11d J� Jl �y Jed Tommy Therrell MAY 0 2 2003 Monks Island DIVISION OF Brunswick County COASTAL MANAGEMENT FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 5 lots is limited to a maximum of 3,500 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H: V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. Al State Stormwater Management Systems Permit No. S W 8 030227 II. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maint ce necessary to operate the permitted stormwater management systems at opti7�7C �� a. Inspections b. Sediment removal. Z �03 C. Mowing, and revegetating of the side slopes. DO d. Immediate repair of eroded areas. ;�, e. Maintenance of side slopes in accordance with approved 91"I�iVZId Q6ns. CEMENT 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030227, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. delete this statement if CAMA is not involved. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark. State Stormwater Management Systems *..a Permit No. SW8 030227 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 6. The perrittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the dra 1 area. U- W e. Further subdivision, acquisition, or selling of the project area. _ __ N O C7 f. pFilan g in, altering or piping any vegetative conveyance shown on the appr O z 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way (publik—i-C private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. State Stormwater Management Systems Permit No. SW8 030227 III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The pennittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. The issuance of this permit does not preclude the Pemuttee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those pen -nits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stonnwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 1 st day of May, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek„ P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030227 D� �./ E I V E MAY C 2 2003 DIVISION OF s COASTAL MANAGEMENT state of North Carolina 11 ' II�y II V 1T� Department of Environment and Natural Resour �1 / 1Ld Jl V ,((s� Division of Water Quality MAY Q 1 2003 STORMWATER MANAGEMENT PERMIT APPLICAB" 41ON OF Thisfonnmay bephotocopiedforuse asanoriginal MANAGEMENT GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Mr. Tommv Therrell 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Mr. Tommv Therrell, Developer Mailing Address for person listed in item 2 above: 1712 Ruben Road City: Monroe Telephone Number: (704) 889-2055 State: NC Zip: 28112 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Monks Island 5. Location of Project (street address): Monks Island — access from Intracoastal Waterway across from Earl Della Beach, Shallotte Point City: Shallotte County: Brunswick 6. Directions to project (from nearest major intersection): Access from Intracoastal v7aterway. Monks Island is at west end of Holden Beach across from Earl Della Beach, Shallotte Point 7. Latitude: 33054.6' Longitude: 78022.7' 8. Contact person who can answer questions about the project: of project Name: Elizabeth Nelson Telephone Number: (910) 754-8029 It. PERMIT INFORMATION: 1. Specify whether project is (check one): S New Renewal Modification ORIGINAL Form SWU-101 Version3.99 Page I of 2. If this application is being submitted as the result of a renewal or modification to an existing permit. list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): _N Low DensityHigh Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): Y CAMA Major Y Sedimentation/Erosion Control 404/401 Permit NPDES Stonmwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION I. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. The proposed development is a low density project, and all stormwater will sheet flow across the property. 2. Stormwater runoff from this project drains to the Lumber River basin. 3. Total Project Area: 11.11 acres 4. Project Built Upon Area: 5.29 % 5. How many drainage areas does the project have? 6. Complete the following information for each drainage area. If there are more than two drainage areas in tite project, attach an additional sheet with the information for each area provided in the same format as below. Basitr Information �— Dratnage Area I j Dramaee .Area 2# Receiving Stream Name I\V\C' Receiving Stream Class SA Drainage Area 483,999 SF or 11.11 AC Existing Impervious* Area 0 Proposed Impervious*Area 25,614 SF or 0.59 AC % Impervious* Area (total) 5.29 % On -site Buildings 17,500 SF or 0.40 AC On -site Streets / Golf Cart Path 5,615 SF or 0.13 AC On -site Parking On -site Sidewalks Other on -site (Helicopter Pad) 2,500 SF or 0.06 AC 4 Off -site Total: 25,615 SF or 0.59 AC Total: * Impervious area is defined as the built upon area includine. but not limited in. buildin arkin sidewalks, gravel areas, etc. JA 101RO Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement, Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3,99 Page 3 of 4 TM ��I11.9 MAY 0 2 2003 AliM0 GCOAg AEMEN7. ORIGINAL VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend -North arrow - Scale - Revision number & date MAY 0 2 2003 - Mean high water line - Dimensioned property/project boundary DIVISION OF - Location map with named streets or NCSR numbers �STAL MANAGEMENT - Original contours, proposed contours, spot elevations, finishe r elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): I%Ae* COAST ffWIt4t�N (,nnoaL)y. PA Mailing Address: 9Ce7- DFr rrF P,r7X a4,,' 9 City: SHAttamc. State: kid Zip: o22gS9 Phone: ( ei 10 1 75'i - ROav Fax (_9 f0 1 175 t{— 9OL19 VHL APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) _,O fl/l/�/ z</PiPELL certify that the information included on this permit application form the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Date: /U4-'2 Fififn 1S ersi on 3.99 Page 4 of 4 Permit No.JU(�3� Z� % (to be provided by DWC) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low d 'tyr�ttd ity factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION MAY 0 2 2003 DIV N OF Project Name : MoNKS Tsu-1Nf1 COASTAL IMANAGEMENT Contact Person: Ti�IeUAV 'Tune aE2 i Phone Number: (704 ) S?9- ac Number of Lots: 5 Allowable Built Upon Area Per Lot*: 34 .56D SF *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. H. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 2 ORIGINAL SA= 4•a5AC uZ J,8 ,JJa sF OF = o' C.1383 RA ' GCL� CaQ PA')4 = 5," Si= OA = NELkC0P-1E2 PAO = (SA x DF) - RA - OA = BUA No. Lots Lot OUTSID CORPS R1W (SAxOF) - RR -oA gu_ llo. LOTS Ldr Q-_= �185,17a S XDJ383)-$,&15-5F-a, 5M SF ter S b" P, = 3)GOD 5p L III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] ft OMPS of ENS Form SWv IPiRe0399 ' Page 2 of 2 GO P ti �r NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross, Jr., Secretary TiT ,jt•]:I Loll] I N, TO: Doug Huggett Major Permits Processing Coordinator FROM: Mike Street �— DATE: August 6, 2003 Preston P. Pate, Jr., Director RECEIVED "r n R 2003 0, QF COOTA.LMANAGEMENT RAL172P SUBJECT: CAMA/DREDGE AND FILL PERMIT Tommy Therrell / Monks Island / Brunswick County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw 3441 Arendell St., P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252-726-7021 \ FAX: 252-727-51271 Internet: www. . ncdmf . net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper _____ MIA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 16, 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator rp SUBJECT: CAMA/DREDGE & FILL Permit Application Review - Q 30 Applicant: Tommy Therrell/Monks Island 700 Project Location: Island between Saucepan Creek and the Shallotte River on the Intracoa / Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: -1 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED k4eLJ4 DATE W 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer. 50% Recycled \10% Post Consumer Paper r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 23, 2003 MEMORANDUM RECEIVED TO: Bennett Wynne AUG 0 7 2003 Wildlife Resources Commission ATTN: Habitat Conservation Program 011LQF1000TALMANAGEMENr WOW FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOMMY THERRELL PROJECT LOCATION:ISLAND BETWEEN SAUCEPAN CREEK AND THE SHALLOTTE RIVER ON THE INTRACOASTAL WATERWAY IN BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A PORTION OF EXISTING SPOH, DISPOSAL ISLAND INTO FIVE RESIDENTIAL LOTS WITH AMENITIES. ADDITION TO THE LOTS ARE GOLF CART PATH FOR ACCESS TO THE LOTS, COMMUNITY HELICOPTER PAD, ETC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 14, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. - This agency has no comment on the proposed project. / * This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED t✓ DATE Vim/ J13 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Protection Program DATE: August 6, 2003 SUBJECT: CAMA/Dredge & Fill permit application for Tommy Therrell, development of western Monks Island, a spoil disposal island near the mouth of the Shallotte River and behind western Holden Beach, Brunswick County, North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A visit to Hughs Marina across the AIWW from the site was made on July 28, 2003. We regret that time constraints delayed our response. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant is seeking authorization to develop 11 acres of a spoil disposal island into 5 residential lots with a wood and turf grid golf cart access path, a community helicopter pad, 10- slip community boat dock, a community canoe dock, and utilities. Water appears to be shallow at the end of the community dock (2-4 ft. deep?). Septic tank permits have been obtained and utilities would be directionally drilled under the AIWW. The island is privately owned, but the Corps of Engineers has an easement over much of it to deposit dredge spoil from AIWW maintenance. The island is 29 ft. above sea level and has 404 and coastal wetlands along its shoreline except for a denuded area used as an equipment access point. From our vantage point at Hughs Marina, most of the high ground area of the island appeared to be vegetated with shrub/scrub of intermediate height. Our last records of colonial nesting bird use of the island were from 1990 when 75 least tern, 2 blackskimmer, 7 common tern, and 3 gull -billed tern nests were observed. The island's vegetation at this time does not appear favorable to colonial bird nesting, but the shrubs present do provide good nesting habitat for the painted bunting, a federal species of concern. The island is located in a dynamic coastal environment designated as an Ocean Hazard Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Tommy Therrell Monks Is. Lots 2 8/6/2003 Area of Environmental Concern. Area waters are classified SA and open to shellfish harvest. The Shallotte River also carries the supplemental classification of High Quality Waters (HQW). The shallow water around the ends of the proposed community dock and sedimentation from tidal flow around the pilings may prompt future requests to dredge in sensitive estuarine waters. Dredging would be expected to cause turbidity -related water quality decline. Piers for the community and canoe docks would shade coastal wetlands. Native shrubs could be removed during subsequent development, resulting in loss of painted bunting nesting habitat. Based on these concerns, we recommend the following conditions to permit issuance. 1. No present or fixture dredging shall be allowed. 2. Piers will be elevated a minimum of 4 ft. off the marsh floor. 3. Native shrubs shall be avoided to the greatest extent possible during golf cart path, helicopter pad, and subsequent house construction. Thank you for the opportunity to comment on this application. If you have questions, please call me at (252) 522-9736. NCDENR 1IL5� 1Dl North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 16, 2003 MEMORANDUM TO: Dan Sams F3ECEIVE!) for: Mr. James Simons, Director Division of Land Quality JUN 2 4 2003 FROM: Doug Huggett DIV.OFCOASTAL MANAGEMENT Major Permits Processing Coordinator RALEI(y I SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tommy Therrell/Monks Island Project Location: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE J11,100 45 2 C3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer . 50% Recycled \10% Post Consumer Paper i dij/�5/2dd3 13:55 9197331431 S AIE PKUPEKIY OFF1U PAVE b2 ti O�Al',� North Carolina Department of Administration Michael F. Fasley, Governor State Property Office Gwynn T. Swinson, Secretary Joseph H. Henderson, Director 019-ae August 25, 2003 VIA FACSIMILE (704) 889-2050 Mr. Tommy Therrell 1712 Ruben Road Monroe, NC 2811.2 RC Monks Island, Brunswick County Dear Mr. Therrell: As you are aware, this office received a copy of your CAMA permit application as a part of the CAMA review process .According to the permit application, you propose to purchase and develop an. approximate 11-acre tract of land known as Monks Island, located in. Brunswick County. This office has reviewed your proposed development plans for the land, which .is currently owned by F.E. Piggott and wife, your attorn.ey's title certification and a copy of the proposed title insurance policy. It appears from the information submitted to this office that the 1.1-acre tract of land was originally conveyed to F.E. Piggott from Flaxie Stanaland in 1954, Accordingly, based, upon the information submitted to this office, it does not appear that the State of North Carolina has any legal interest in the approximate 1 I acre tract of land. Therefore, by copy of this letter, we will notify the Division of Coastal Management that this office has no objection to your proposed development plan,. Thanks you for your cooperation and assistance regarding this matter. Sin?cerre�ly, �`._ J 4. Bobby Poole Oen1eral, Real Estate Manager By: Wanda King Real Property Agent Mailing Address: Telephone (919) 733-4346 Location: 1321 Mail Service Center Fax (919) 733.1431 116 West .Tones street Raleigh, N.C. 27699-1321 State Courier #.52-71-78 Raleigh, North Carolina An FgVE�Vpportunity/ Affirmative Action Employer Wcb: hnp:t/spo.dna.stotc,nc,us 08/25/2003 13:55 9197331431 STATE PROPERTY OFFIC :s t PAGE 01 North Carolina Department of Administration Michael F. Easley, Governor Gwynn T. Swinson, Secretary STATE PROPERTY OFFICF. FACSIMILE TRANSMITTAL SHEET State Property Office Joseph H. Henderson, Director ➢UILDING ADDRESS: 116 W. IONES ST., RAJ SIGH 27607.e003 VAILING ADDRESS: 1321 MAIT. SERVICE CENTER, RALEIGH, NG 27699.1321 PHONE: 919-733-4346 • FAX•i 919.753.1431 • STATE COURIER 52.71.78 WE➢: http.//spn.doa.statc.nc.Lis r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director June 16, 2003 MEMORANDUM TO: Mr. Charles F. Stehman, P.G., Ph.D. Division of Water Quality/Groundwater Section FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tommy Therrell/Monks Island Resources William G. Ross Jr., Secretary RECEI V JUN 1 9 2003 DIV.OF COASTAL MANAGVEEN i RALEIC H Project Location: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: _ >5� <his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Q2DATE �7 2u a 3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary I3Iahk10)01,110 IJUVI TO: FROM: SUBJECT: Applicant: June 16, 2003 Ms. Melba Laney for: Mr. William A. McNeil, Director Division of Community Assistance Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Tommy Therrell/Monks Island ECS ap it - JUN 2, 4 2003 DiV.OFCOAPSTTALMA AGEMEhi Project Location: Island between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County. Proposed Project: To develop a portion of an existing spoil disposal island into 5 residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 10, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ���if�D 3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper NCDENR k�3 North Carolina Department of Environment and Natural Resources Division of Coastal Management J Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 23, 2003 MEMORANDUM FE CEW TO: Mr. Roberto Canales JI rl 0 1 2003 State Construction/Materials Branch mawsw IIWillill Division of Highways I NM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOMMY THERRELL PROJECT LOCATION: ISLAND BETWEEN SAUCEPAN CREEK AND THE SHALLOTTE RIVER ON THE INTRACOASTAL WATERWAY IN BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A PORTION OF EXISTING SPOIL DISPOSAL ISLAND INTO FIVE RESIDENTIAL LOTS WITH AMENITIES. ADDITION TO THE LOTS ARE GOLF CART PATH FOR ACCESS TO THE LOTS, COMMUNITY HELICOPTER PAD, ETC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 14, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the pr . ct for reasons described in the attached comments. SIGNED DATE D 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper REEVED ARLA t�G29'raD JUL 1 6 2003 JUN 24 2003 NCDENR DIVO North Carolina Department of Environment and Natural Resourc " ATION Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 23, 2003 MEMORANDUM TO: Ms. Renee Gledhill -Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOMMY THERRELL A fJ&Q7�� 4_ PROJECT LOCATION: ISLAND BETWEEN SAUCEPAN CREEK AND THE SHALLOTTE RIVER ON THE INTRACOASTAL WATERWAY IN BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A PORTION OF EXISTING SPOIL DISPOSAL ISLAND INTO FIVE RESIDENTIAL LOTS WITH AMENITIES. ADDITION TO THE LOTS ARE GOLF CART PATH FOR ACCESS TO THE LOTS, COMMUNITY HELICOPTER PAD, ETC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 14, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. ME objects to the project for reasons described in the attached comments. Tency .aR 2� DATE 1 L 1638 Mail Service Center, Ral North Carolina 27 99-1638 Phone: 919-733-2293 \ FAX: 919 733 1 5 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Past Consumer Paper JUN 2 5 2003 0 4r IRTiilye FTie n17 Michael F. Easley, Governor MEMORANDUM r NCDENR Department of Environment and Natural Resources Division of Coastal Management AUG 9 ix 2003 Donna D. Moffitt, Director William G. Ross Jr., Secretary June 23, 2003 TO: Mike Kelly, Acting Director Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW EJUIN2 6 2003 SHELLFISH SANITATION APPLICANT: TOMMY THERRELL PROJECT LOCATION: ISLAND BETWEEN SAUCEPAN CREEK AND THE SHALLOTTE RIVER ON THE INTRACOASTAL WATERWAY IN BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A PORTION OF EXISTING SPOIL DISPOSAL ISLAND INTO FIVE RESIDENTIAL LOTS WITH AMENIT ES. ADDITION TO THE LOTS ARE GOLF CART PATH FOR ACCESS TO THE LOTS, COMMUNITY HELICOPTER PAD, ETC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 14, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency Co thCA In r►2 f reasons described in the attached comments. AU- SIGNED IYh 11L `Iq E&V DATE d ' 13 " 4 j 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hffp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper t .n rrr GENERAL COMMENTS Mervc,-r G1 The applicant should be advised that plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C 0.0300 et. seq.). For information, contact the Public Water Supply Section, (919)733-2460. This project will be classified as a non -community public water'supply and must comply with state and federal drinking water monitoring requirements. For more information, the applicant should contact the Public Water Supply Section, (919)733-2321. If this project is constructed as proposed, we will recommend closure of adjacent waters to the harvest of shellfish. For information regarding the Shellfish Sanitation program the applicant should contact the Shellfish Sanitation Section, / (252)726-6827. v Cumulative impacts from this type of project could cause deterioration in water quality. The proposed project would increase impervious surfaces and alter natural drainage patterns. There would be a loss of natural vegetation causing an increase in storrawater runoff which could jeopardize the open status of adjacent waters. For more information, the applicant should contact the Shellfish Sanitation Section at (252)726.6827. The subject project is located in an area open to shellfish harvesting. The 10-slip dock, as proposed, would not cause closure in accordance with 15A NCAC 18A .0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS; however, dockage at the facility could exceed 10 boats. If this was to occur, closure would be recommended in accordance with DEH rules. For information regarding shellfish sanitation, the applicant should contact the Shellfish Sanitation Section at (252)726- 6827. Proliferation of these type facilities could cause deterioration in water quality and consequently additional closures of shellfishing waters. For more information, the applicant should contact the Shellfish Sanitation Section at (252)726-6827. The spoil disposal area(s) proposed for this pmject may produce a mosquito breeding problem. For information concerning appropriate mosquito breeding measure, the applicant should contact the Public Health Pest Management Section at (252)726- 8970. The applicant should also contact with Mosquito Control in County This is a mosquito breeding area. Construction plans and operations should include awareness of this. The applicant should contact the Public Health Pest Management at (252)726-8970 for a site visit or information to help prevent the creation of more mosquito habitat. The applicant should contact with Mosquito Control in County at The applicant should be advised that this area is a mosquito infested habitat. Mosquito control will be a problem. The applicant should be advised that prior to the removal or demolition of dilapidated structures, an extensive rodent control program may be necessary in order to prevent the migration of rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section, (919)733-6407. The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A .1900 et.seq.). For information concerning septic tank and other on -site waste disposal methods, contact the On -Site Wastewater Section at (919)733-2895. The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. The applicant should work with the local health department to assure that plans for the appived prigr to contraction. Date: 4 3 3 are fr Conn Brunswick New Hanover Onslow .fender Carteret Craven Pamlico Dare Brunswick «. Contact Person(s) Telephone # Rick Hickman, Darry Somersett . (910)253-2515 Ken Sholar (910)252-2505 J.R Batchellor (910)455-0181 �r3D (910)259-1228 Tim Earp (252)728-8595 Ray Silverthome (252)636-4920 J. Lassiter �71 dllleCoN,�L (252)745-5111 Seo�twyer (252)473-1101 Rick Hickman (910)253-2515 Brunswick County Health Department Environmental Health Section Wastewater Collection, Treatment and Subsurface Disposal System Application # 01/57515 Tax Parcel # 245 AA 00901 System Type: Va IMPROVEMENT PERMIT FOR WASTEWATER COLLECTION, TREATMENT, AND DISPOSAL SYSTEM In accordance with the provisions of Article 11 of Chapter 130A, General Statutes of North Carolina, 15A NCAC 18A . 1900 at seq., and other applicable Laws and Rules PERMISSION IS HEREBY GRANTED TO:�� p j� Owner F. Earl and Della F. Pigott Address 1703 Earl Della Dr. SW Phone Shallotte, NC 28459 APR 1 4 2003 FOR THE DIVISION OF Installation of a wastewater collection, treatment, and disposal system to serve: COASTAL MANAGEMENT Residential X Bedroom 4 Commercial N/A Employees N/A Max Occupants 6 Comments/Use pursuant to 15A NCAC 18A.1900 as amended and in conformity with the application and other supporting data subsequently filed and approved by the DEHNR/or the Brunswick County Health Department and considered a part of this permit. Facility to be served: Name Address/Location Monk Island Subdivision Lot 1 Description Four Bedroom Single Family Dwelling Unit The owner shall be subject to the following conditions, limitations, and construction requirements for the installation and operation of this system: 1. This permit is effective only with respect to the specific design flow facilities, and the nature and volume of waste described in the Permit Application, and other supporting data. Changes in the proposed use, waste flow, nature or volume of waste render this Permit void. 2. All documents, including but not limited to site evaluation, design review plans and specifications, Triparty Agreements, Easements, and other legal agreements will become a part of the Permit. This includes operation and maintenance procedures and other pertinent documents relating to system operation and maintenance. 3. The designated repair area is to have no parking, driveways, or other impervious material located on it. 4. The issuance of this permit does not preclude the permittee from complying with any and all statues, regulations, or ordinances which may be imposed by other government agencies which have jurisdiction, or any other permits issued by this department. 5. The permit shall become invalid if the information submitted in the application was falsified or changed, if the permit was based on inaccurate or incomplete information, or if the designated site is altered. 6. Before Authorization to Construct a Wastewater Treatment and Disposal System is issued, all site modifications., plans, specifications, draft legal paperwork must be completed and approved. 7. Sites requiring complex designs for wastewater systems, may require approval of plans and specifications before the Improvements Permit is issued. 8. Submit a recorded map with the Brunswick County Register of Deeds that has the property dimensions and easements for this lot to the health department before issuing the Authorization to Construct Permit. PERMIT ISSUED THIS 13 DAY OF January 2003 DATE OF PERMIT EXPIRATION _ January 13, 2008 BRUNSWICK COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION PERMIT.STA 111101/97 North Carolina Michael F. Easley, Governor � u � �_:_►ll lu r NCDENR Department of Environment and Natural Division of Coastal Management Donna D. Moffitt, Director June 23, 2003 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOMMY THERRELL Resources ,ATER ISION OF RESOLRMS William G. Ross Jr., Secretary PROJECT LOCATION: ISLAND BETWEEN SAUCEPAN CREEK AND THE SHALLOTTE RIVER ON THE INTRACOASTAL WATERWAY IN BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A PORTION OF EXISTING SPOIL DISPOSAL ISLAND INTO FIVE RESIDENTIAL LOTS WITH AMENITIES. ADDITION TO THE LOTS ARE GOLF CART PATH FOR ACCESS TO THE LOTS, COMMUNITY HELICOPTER PAD, ETC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 14, 2003. If you have any ijuesti;= regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE % c'T 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Intemet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper [Fwd: ]Monk's Island Utilities Subject: [Fwd: ]Monk's Island Utilities Date: Fri, 12 Sep 2003 09:33:48 -0400 From: Jim Gregson <Jim.Gregson@ncmail.net> To: Doug Huggett <Doug.Huggett@ncmail.net> Subject: Date: Fri, 12 Sep 2003 08:56:20 -0700 From: "Elizabeth Nelson" <enelson@ececpa.com> To: "Jim Gregson" <Jim.Gregson@ncmail.net> CC: "Steve Mann \(MI\)" <steveoibconst@aol.com> Jim: Thank -you again for taking the time to meet with me on -site to discuss the proposed Utility Bore to Monks Island. To verify our conversation, because the project is located within the Ocean Hazard Area and the Inlet Hazard area, the developer will not be able to apply for a General Permit for the proposed work as was previously discussed with Janet Russell, formerly of your office. You also indicated that in order to qualify for a Major CAMA Permit, none of the utilities could ever be dedicated to a government agency. As we discussed, the proposed utilities are for telephone and cable, electric and water. These utilities will be dedicated to Atlantic Telephone Membership Corporation, Brunswick Electric Membership Corporation, and the Property Owners Association for Monks Island. The water will be supplied by Brunswick County but a meter and vault will be located on the mainland before the utility bore. It is my understanding that since none of the utilities will be dedicated to a government agency, there are no additional concerns in obtaining a Major CAMA permit for the proposed development. However, as you are aware my client is concerned with the time frame associated with pursuing a Major CAMA permit rather than a General Permit. During our meeting, we discussed the possibility of applying for a modification to the Major CAMA Permit for the proposed development on the island that is expected to be issued in September. My client has requested that I contact you to determine whether we can proceed with a permit modification, or whether we are required to submit a new CAMA Major application for the proposed work. In addition, the purchase of the property by my client is contingent on being able to receive all permits to develop the island, therefore he would appreciate an estimated review time for receiving a permit that would include the utility bore. If you need any additional information to advise us on how to proceed, please contact my office. Your assistance is appreciated. Elizabeth Nelson enelson@ececpa.com East Coast Engineering Company, PA 4918 Main Street • P.O. Box 2469 Shallotte, NC 28459 Office (910) 754-8029 Fax (910) 754-8049 1 of 1 9/15/03 8:38 AM CRC-VR-02-13 30. Will the variance requested by the petitioner (1) be consistent with the spirit, purpose, and intent of the rules, standards or orders issued by the Commission; (2) secure the public safety and welfare; and (3) preserve substantial justice? Explain. Petitioner's Position: Yes. Staffs Position: No. August 19, 2003 Regulatory Division Action ID No. 200300978 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Tommy Therrell for Department of the Army permit to develop a portion of an existing spoil disposal island into five residential lots with a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots located at Monks Island landward of the west end of the island of Holden Beach, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 3. The Permittee must install and maintain, at its expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. 4. No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 5. It is possible that the authorized structures may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 6. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 9. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 10. No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as -built survey will be performed on the pier/docks upon completion of the project (structures) and sent to the Wilmington Regulatory Field Office. 11. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 12. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters except in the permitted areas. 13. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2 15. The Permittee will 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. 16. This permit does not grant any property rights or exclusive privileges. In addition, at least two weeks prior to beginning work and upon completion of work, the permittee shall notify: NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. Sincerely, Henry Wicker Project Manager Wilmington Regulatory Field Office Copies Furnished: Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 August 20, 2003 Regulatory Division Action ID No. 200300978 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: AUG 2 5 2003 Reference the application of Tommy Therrell for Department of the Army permit to develop a portion of an existing spoil disposal island into five residential lots with a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots located at Monks Island landward of the west end of the island of Holden Beach, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 3. The Permittee must install and maintain, at its expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities constructed within navigable waters of the United States. AEC HAZARD NOTICE Project Is In An Date Lot Was Platted: Ocean Erodible Area —?(— High Hazard Flood Area Inlet Hazard Area This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is .'2' feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much asaW feet landward in a major storm. The flood waters in a majorstorm arepredicted to beabout I /e -zL feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. Applicant's Signature Date PLEASE PRINT NAME, ADDRESS 6 TELEPHONE it SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development inthis gavegetation December 31 of the third year following the the permit was issued. Shortly before work project site, the Local Permit Officer will line and setback distance at your site. If the property has seen little change and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. It is impor- tant that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: ►m G'rey5o Local Permit Officer 'b"o-isior1 OF GPSA-141 Nkq--. Address Locality Phone Go() 3°t�-3 1d0 Revised 11193 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront struc- tures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are in- tended to avoid an unreasonable risk to life and property and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune and set back from the first line of natural stable vegetation a dis- tance equal to 30 times the annual erosion rate (a minimum of60feet). Large structures (multi -family residential struc- tures greater than 5,000 square feet and non-residential structures greater than 5,000 square feet) must be set back from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate or 120 feet, ',SETBACK ' SETBACK t FIRST LINE OF STABLE AVERAGE ANNUAL 30 x AL I NATURAL LL goo AVERAGE VEGETATION i EROSION EROSION I RATE EDO IRATE I I I I I (LARGE (SMALL I I STRUCTURES( STRUCTURES)] PERMITTED• STRUCTURE; ADEQUATE SETBACK whichever is greater. If the erosion rate is greater than 3.5 feet/year, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers", taking the beatings of the winds and waves and protecting the inland areas. By setting back 30 or 60 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June of 1979, might prove a hardship for some property owners. Therefore, they estab- lished an exception for lots which cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership, (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line, (3) no development can take place on the frontal dune (4) special construction standards on piling depth and square footage must be met and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot area as calculated from vegetation line ailing length needed to extend 4 feet below MSL PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PRE -STORM BEACH PROFILE � POST -STORM BEACH PROFILE ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. Sen: Z :EAST COAST ENGINEERI Jun-13-03 02:36Pm From 9107548049j91035B2B04 Page 2i 2 +nceuest�eu Jun—i:s—loo nZ:zzpm Trom IfJ4(645212 y EAST COAST ENGINEERI page 1 06/13i2003 02:04 7047646212 TOMMY TIE:RRELL RAGE 01 1....... m..— ._- - . from ?IVESty, ?Wtar.alz rag• 2. 2 sent bn15dET COWEHaSHfiER1 Tun-IJAvC'F ac) Nona Preivt is in An: �{]eean>:fadlble Ane'%jiWh Nltfard Flood kna.Xintniivard Ana Dab Latwas Plattedl, — — -�. I$h nANeats uttardad to n+.le u, theappli=4 award of the $71.111614 add can Itsons associated wlt!t dtvilopppmmenr in " attte, whldh to eUb t IQ natural beau aS iYah�aGmema,etastonerd w, . arui® at the coaow Aela1#dra coma:lataA tZra that you rerelw an AEC Retard N901 Gad A %041�e ibit wtloa In wdr.el i;tclm 4 yalmlt 1w avy@1opmiswela be taeueC, TluCnfmaeoreeuTaoabutldlT+ anetdutds�eTaG� sa9asr'i9btG4tutadletatl�ase tam e. nat af.mInste, proDal leu epm Eatds. liy esadre t Pert ro, the coasttal A#aeuex��Gu1o�Cammiulan don noT Nu)illNfos tturaedaa tgsm the deed opmentaumas m The but available lntormation, u alcapptQ by tte Cvavtal Kisco= cums tselan, "tutu OR ttil atufuel Cate smalon rate fa the area whfi vur proparty Is located Is .w—Eat 1laT yteer. -N rate Was extamhad by araw st IyAs of wrL, photwaphs 21 the cvAsdIne WEan over dwpast 50 years, 9tudat also t5molk that do ehcrvlut4 aaui# mad at Much R%UIL tat :er T.ard In a r„ajw sham, 7%1 Ward npa��e 1, r wed at mbfadt id suddan and tNf ltdaaerlIAfftws4 a,ddaatah locolPPfnnlf ofter B7 auw i wprk i;tit89tldwitaTA{nathaf�e'atrltirtlyradktadtG�7aa170ut 'diViaitdrl o� COt4y'�� i�q�. {I�it'. tees dayln thta su, � Pzvfaartd odexdront protecuor. maasuru ere basis t Ad av aour;ehmaat and relocation a Wesxtad etrusslaee, I0, �Vn'dt►uMi �PiJE FJa�'. yard er #" wart ArAfftura such a buiktaadf, onwails,. rwatmern, 6rulty, Jatt{as end yfadwahu on Iduffly �AhidlMd,�pD2ary devicee,ina?udSng rand baya,tnRy t badbweelWA 421jui ca"tiatU {1y�4 { �IIrt. Nit'; � Taurfauvree"IIbetmoaimdo:C;snsanK4lwahnrim rta yan of beoondrtY Imattltatdy thiea4eea. 'ha a kart muff ee}ue a ihla eeatsaden tl1a t utr rants py Au titpwl+la M Ir be*v Spa", 'u bqut kha yrdPH sirawrd, the sppluatlea will not be cam IKa. dpM uri e ✓De�� Deter -� 713ASS pltINT U4, ANUIS 6 TZW nalta ! qln 3015-Z9W M 2. 771-e0oA`l�aP.Er L M�� �Jc 02 11;L.'—_ Rerlsed l uta STATE PROPERTY OFFICE Fax:919-733-1431 Jul 17 '03 9:50 P.01 440 North Carolina Department of Administration N(ichacl F. Easley, Governor State Property Office Gwynn T, Swinson, Secretary Joseph H. Headema_ Director STATE PROPERTY OFFICE FACSIMILE TRANSMITTAL, SHEET ro• FROM: , - FA t ER: DATE: r1�� �-1 [,(�s rlI (` 1 Iq(ypAvy; TOT NO OF P? GAS (including cover): PHONE Za- Mailing Address: Telephone (919) 733-4346 Location: Mail Fax (919) :3-1431 l 16 West Jores' ]LTCel Ralcis!t. V C. 27699-111I State Courter..*52_71•'3 Raleigh, Nonh Carolina STATE PROPERTY OFFICE Fax:919-733-1431 Jul 17 '03 9:50 P. 02 .�ilY .�ul,�. d ��North Carolina Department of Administration Michael R Easley, Governor Gwynn T. Swinson, Secretary July 17, 2003 Mr. McKee Pigott 3941 Halifax Road Wilmington, NC 28403 RE: Monks Island, Bruswick County Dear Mr. Pigott: State Property Office Joseph H, Henderson, Director CUW T This will acknowledge receipt and thank you for your letter dated May 3, 2003, regarding Monks Island- As referenced in your letter and as you discussed with Ms. Wanda King of this office, you have concerns that the State of North Carolina has conveyed, by quitclaim deed, Monk's Island to an individual that proposes to commercially develop the land. For informational purposes, the State of North Carolina has not conveyed any portion of Monks Island for such development. However, as you stated during your telephone conversation with Ms. King, Mr. F. E. Pigott proposes to sell a 25-acre tract of land to Mr. Tommy Therrell, who has submitted a CAMA application to the Division of Coastal Management, to develop the land. It is my understanding that the Division of Coastal .Management, and uther Slate and federal agencies, are currently reviewing the LAMA application and, to date, no permit has been issued. This office is also reviewing the application. Accordingly, we have requested that the applicant, Mr. Therrell, provide this office with a copy of Iris proposed survey to assist us in our review of the application. Upon completion of our review, we will notify you of our findings and conclusions. . In the interim, if I can be of further assistance or provide additional information concerning this matter, please let me know. Sincerely, �D j/:a4 Bobby Poole General Real Estate Manager CC: Senator R.C. Soles Mailing Address: Telephone (919) 733-4346 Location: I321 Mnll ser-ice rPN'PY Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Cquul Opportunity I AtTnnatiyc Acdnn Eniploycr Wrl. I nn'/Icon dn. c191r nr uc DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF. July 16, 2003 Regulatory Division I:T�ifR7,f t �l►f.�d�I�kiil�i'llfl Mr. Tommy Therrell 1712 Ruben Road Monroe, North Carolina 28112 Dear W. Therrell: •COED Jul_ 10 2003 ROW Gar On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to develop a portion of an existing spoil disposal island into five residential lots with a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots located at Monks Island landward of the west end of the island of Holden Beach, adjacent to the Atlantic Intracoastal Waterway, Brunswick County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act has been assigned Action ID No. 200300978 I will be coordinating your permit application with other Federal agencies. You may contact me at (910) 2514930. Enclosure Copies Furnished (without enclosure): NMr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Mr. Ronald J. Mikulak, Chief Wetlands Section -Region rV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 30, 2003 Mr. Tommy Therrell 1712 Ruben Road Monroe, NC 28112 Dear Mr. Therrell: This letter is with reference to your application for a Coastal Area Management Act Major Development develop a portion of an existing spoil disposal island, known and Monk's Island, into five residential lots with amenities near Holden Beach in Brunswick County, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make September 11, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Jeff chaffer — Asst. Major Permits/Consistency Coordinator cc: Janet Russell — DCM, Wilmington DCM, Morehead City East Coast Engineering Company, PA, PO Box 2469, Shallotte, NC 28459 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper U.S. ARMY CORPS OF ENGINEERS Wilmington District I1 'I ActionlD: _aw3DOc44a County: ArLAA151-khhlc Notification of Jurisdictional Determina& NEW E Property owner/Authorized Agent Address 'Iblephone Number_(70�� $ 99 — ,�,055 Size and Location of T Indicate Which of the following apply: Highway town, etc.) • Ther are wetlands n the above d cribed propert/�which we str gly suggest sho d be delineated and sued. The s�yed wetland roes must be vptified by our aff before the 9rps will make a final ju dictional det mination on y ur property. �� • VBecauof the size o our property an our presentw kload, our ident' cation and Jelin tionofyo cannot be mplished in a 'mely manner. ou may wish to mploy a consul t to obtai aely deline ion of the wetla Once your nsultant has fla a wetland line n the prop rty, aff will re ew it, and, if it is ccuratewe st ngly recommend hat you have th a survey d for roval by a Corps. The rps will not ma e a finaljurisdict' naldeterminate on your p operty an appr ved survey. {� % • The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained kf u to you. Unless there is a change in the law or our published regulations, this determination may be relied I upon for a period not to exceed three years from the date of this notification. • There are no wetlan present on the ve described roperty which a subject to the pe it requi ments of Secti 404 of the Clea ater Act (33 U C 1344). Unless ere is a change in t law Oro published regu tions, this dete atron may be r ed upon for a peyfod not to exceed thrLb years fro the date of this otification. • The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. (910) 3 95' 3g0O Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any que tions regarding they Corps of Engineers regulatory program, please contact L1� at Nin a5f-49'3a Property ov her/Authorized Agent Project Manager Signature Date j $ 0 3 Expiration Date '-� — l 8 — OB` SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. CFSAW Fa 5" 1 OCr 92 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. aox 1890 JUI_ ] R 2003 WILMINGTON, NORTH CAROLINA 28402-1890 Regulatory IjIVls1071 REFER TO 7 -/-5 -�-3 �•� �1 Action ID. a663DQJI? Applicant: YY1r• -Tom yn. �kt;I^rC1) n�i7r1 Waterway: Axwo County: uc 11 L Type Work: $'I^ e R_ Mr. Ron Sechler National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Section — IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Garland Pardue, Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Commanding Officer United States Coast Guard Marine Safety Office 1502 North Front Street Wilmington, NC 28405 Gentlemen: Commander, Aoww Coast Guard, Atlantic Area 431 Crawford Street Portsmouth, Virginia 23704 Without enclosures Mr. Doug Huggett ,1 Division of Coastal Management NC Dept of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Regio al Office Division of Goastal Management NC Department of Enviornment, Health and Natural Resources 1�I� lOJ I_( vtiL WA.I Ur:VP_ lA N.C. Mr. David Rackley National Marine Fisheries Service, NOAA 219 Forth Johnson Road Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before g - 14'D 3 Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, 1� Henry Wic -er, Project Manager Wilmington Regulatory Field Office Enclosure IMPORTANT To r lLeL_s O'--i, Date 4/ 0 O3 Time WHILE YOU WERE, OUT L YV — OVL % AREA CO E NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message ��12Scr�rch bei YLa ci co V1 e Vk- �'I c�� S�✓L _-ko wCwl CLCA u c Signed N.C: Dept. of Environment, Health, and Natural Resources wv� PrinWa on RerydeC Paper I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ 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: �C)wlMy i ePpet_L_ l "l 12 IZ u Se RU D M.O lJ KO f= I Q c 2F,- ! 12 JS A. Sign lure //� /' ❑ Agent JL X PMcG/ ❑ Addressee R. Received by (PHhtgd Name) I C. Date of Delivery D. Is delivery apdress different fro .nt Yes If YES, enter delivery add 3. Service Type t -`^ Er&nlfied Mail ❑ EVress �','� , , ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number Pl�� )CIO cRansem 'guabeq Oq ln+'y�4 Sorm1,Aust (d�7 2001 Domestic Return Receipt 1o2ses-02-M-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box PERMITS COORDINATOR DENR-COASTAL MANAGEMENT 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1633 I i r I r I I r r r I r I I i r I r I r i I i I r r r r r I I r I I r r r r I I i I r r I r I l I r r I r I i r r i i I II NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Tommy Therrell 1712 Ruben Road Monroe, NC 28112 Dear Mr. Therrell: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to develop a portion of an existing spoil disposal island into five residential lots with amenities between Soucepan Creek and the Shallotte River on the Atalntic Intracoastal Waterway in Brunswick County, NC. Processing of the permit application, which was received by the Division of Coastal Management's Wilmington office on April 14, 2003, is ongoing. During the multi -agency review of this permit application, the NC Department of Administration, State Property Office, by way of the attached July 7, 2003, correspondence has determined that additional information is needed to properly review your proposed project. Please provide me with a copy of the information that you submit to the State Property Office. You will be given three working days to respond to this request for additional information from date of transmittal of an e-mail or fax, or five working days from date of mailing. If you provide the requested information within the required time, DCM staff will resume processing the application and the processing clock will not be suspended. If you have any questions concerning these matters, please feel free to contact me by telephone at (919) 733-2293, extension 240 or email me at Jeff.Schaffer@ncmail.net. Sincerely, ( / Jeff/Schaffer ll�� Assistant Permits & Consistency Coordinator cc: Jim Gregson - DCM, Wilmington DCM, Morehead City Wanda King, State Property Office East Coast Engineering Company, P.A., PO Box 2469, Shallotte, NC 28459 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 100/6 Post Consumer Paper 4)S/35/2a03 __. __. qTE PROPERTY OF iC ra'aE-02 a llorth Carolina Department of Administration Michael F. Easley. Governor Gwynn 7. Swinson, Secretary 092-ck August 5, 2003 VIA FACSMJ ILE (704) 889,2056 Mr. Tommy Thetrell. 1712 Ruben Road Monroe, NC 281.12 RE: Monks Island, Brunswick County Dear Mr. Therrell; Smte Property Office Joseph H. Henderson, Director As you are aware, this office is in the process of reviewing your Cama Application in which. you submitted to the Division of Coastal Management for land development. Per our telephone conversation on July 17'b you were going to forward to my office a copy of your attorney's recent title examination. Per our telephone conversation this afternoon, you stated that you are waiting on the title commitment from the title company. At your earliest convenience, please forward to my attention, a ropy of your title examination, along with a copy of your title commitment upon your receipt. Please note that this office cannot proceed further until such time as the documents are received in this office. If you have questions, please give me a. call. Sincerely, W"&-�=� Wanda King Real Property Agent /wk CC. Jeff Schaffer, Division of Coastal Management Via Facsimile 733- 1495 Mailing Address: Telephone (919) 733-4346 Location: 1.321 Mail Sen6ce Cent-- Fax (919) 733-1431 116 West Jones Strect Raleigh, N,C. 27699-1321 Scam Courier452-71-79 Raleigh, North Carolina, An Equal opportunity! Affirmative Action Employer Web: hnp://spc.dnAxate.nc.uv bbo3—)-ESL oIL, y prV-33ry 10/4 J -1A,� I 3v3 1r)r)L C--. U-t l . iMRJj ice Center • Raleigh, NC 27699-2201 570 • Courier Number: 56-20-17 MD, Secretary • Stephanie D. Fanjul, Director • Pew M. Ball, Deputy y . . 8 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT FAX TRANSMISSION DATE TO OFFICE FAX# FROM �) �_�O-e✓ #PAGES 3 (INCLUDING COVER SHEET) COMMENTS: MAILING ADDRESS: 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 PHYSICAL ADDRESS: 2728 CAPTIAL BLVD. RALEIGH, NC 27604 PHONE (919) 733-2293 FAX (919) 733-1495 E-MAIL ADDRESS: DCMFRONTDESKONCMAH .NET WEB ADDRESS: WWW.NCCOASTALMANAGEMENT.NET NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT FAX TRANSMISSION DATE /o 3 TO OFFICE FAX# FROM #PAGES 3 (INCLUDING COVER SHEET) COMMENTS: MAILING ADDRESS: 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 PHYSICAL ADDRESS: 2728 CAPTIAL BLVD. RALEIGH, NC 27604 PHONE (919) 733-2293 FAX (919) 733-1495 E-MAIL ADDRESS: DCMFRONTDESK6DNCMAIL.NET WEB ADDRESS: WWW.NCCOASTALMANAGEMENT.NET FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION Commitment to Insure No. 5312-1353B23 Owner - Insured: Tommy L. Terrell. Sr. and wife, Bobbie M. Terrell Effective date: July 18, 2003 at: 05:00 P.M. -AUG 1 9 2003 �, hl ; •� rr T., Type: OWNERS Amt. $ 1,000,000.00 Valid as a Commitment for an ALTA Standard 1992 Form Policy only if attached to a countersigned Commitment for Title insurance (FNTIC Form FT-T-10A). PRELIMINARY REPORT: Marketable Fee Simple Title is vested in: F. E. Piggott and wife, Della F. Pigott Said property is to be sold to: °_. Tommy L. Terrell, Sr. and wife, Bobbie M. Terrell Property is to be sold for: $ 1,000,000.00 and/or mortgaged in the amount of: $ 0.00 Mortgaged to: SCHEDULE A PROPERTY DESCRIPTION: The title to be insured will be described in: Warranty Deed .... from: F. E. Piggott and wife, Della F. Pigott :___to: Tommy L. Terrell, Sr. and wife, Bobbie M. Terrell A copy of said instrument(s), which must be executed and filed for record, creating the interest to be insured, is an attachment to and constitutes a part of this commitment and describes the the property to be insured. (Property description may be on attached page in lieu of a copy of instruments.) Counters gned BYj�z/�J9l��,, <:' Authorized Signatory CROWN TITLE CORPORATION SCHEDULE B SECTION I - THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH; OTHERWISE TO BE SHOWN AS EXCEPTIONS IN THE POLICY: 1. Payment of the full consideration for,the interest acquired. 2. Execution and recordation of instruments required in Schedule A. 3. Payment of all taxes, assessments and charges levied against subject premises which are due and payable, to -wit: none ** SECTION II - DEFECTS. LIENS, ENCUMBRANCES. AND OBJECTIONS TO BE SHOWN AS EXCEPTIONS UNDER SCHEDULE B OF THE TITLE POLICY: This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. The lien of the General Taxes for the year 2003 and thereafter but are not yet due or payable. 3. The lien of any Special Taxes or assessments entered after the date hereof. 4. Rights or claims of parties in possession not shown by the public records. 5. Easements, or claims of easements, not shown by the public record. 6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and/or any facts that a correct survey and/or a physical inspection of the premises would disclose. B. EASEMENTS: All easements, setback lines and other matters of record as shown on plat recorded in Plat Book 27, Page 175 in the Brunswick County Registry, including the Right of Way of the Intracoastal Waterway. 9. ADDITIONAL EXCEPTIONS: Subject to Riparian and other water rights in area on Intracoastal Waterway, channel, sounds, Marshlands and highwater mark of Waterway and Atlantic Ocean. Riparian rights are Neither guaranteed nor insured. The policy will not insure title to property lying below ordinary high water mark of INTRACOASTAL WATERWAY. Such rights as remain in the United States. of America and its assigns to an easement allowing modification of banks of the intra-coastal waterway and dumping of spoilage on lands adjoining the intra-coastal waterway. ALTA OWNERS POLICY (10-17-92) Valid only if attached to ALTA Policy 1992 Revised SCHEDULE B Of FIDELITY NATIONAL TITLE INSURANCE COMPANY FORM T-3BI FOR INTERNAL USE ONLY - REVIEWERS INITIALS E 1 FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION ATTACHMENT PAGE _ TO COMMITMENT NO. C-23612 PROPERTY DESCRIPTION: Being all of Lots 1, 2, 3, 4 and 5 of Monks Iskand as shown on plat thereof recorded in Map Book 27, Page 175 in the Office of the Register of Deeds for Brunswick County, North Carolina. Sent b9:EAST COAST ENGINEERI Aug-14-03 01:27Pm from 91075480494919 733 1495 Page 1 r Lilac & GWWV, P.C. ASemeys at Law 6405 Beech Drive, BW Phupe;(010) 579.1MO Fax (910) 579 8051 EMAIL gjacka0c(�IilesaM:g5d4ay.com Liles & Godbey, PC TO: -WookNr4ielson From: SRANTE FEW -*"9 6- j Y L} Dow August 13. 2003 Phones �f Pollee: Re: Therrell CC: Urgent For Review Please Comment Please Reply U Please Recycle -comments: Fullowing le a Copy of tho f1No blinder. Thanks f. /L 4 ;529fi Lpe lr.,; F.360oJ £9't",14 4 :co-of-6 Sent b9:EAST COAST ENGINEERI Fug-14-03 01:20em from 91075480490919 733 1495 The undersigned has e"utiaed the if wlodn a mugicipejky) Tor rho PRELIMINARY OPINION ON TITLE FOR following opinion of crams: OW NFR: F. a PICOOTsad wife, DFLLA Y_ JPWOTT INTEREST OR ESTATE: F ea si nple PRgP$raT'YA$ECJRID'r'CON:(os•aeash copyorlega) OW4c prk-v ours (and mowcl{/at tan and assessmoot taco real property dc6mbcd below, and gim fhe BEINC all of Lot 1, 2, 3, 4, and 5 of Monks blood as showo on a plat recorded to map Cabinet 21 Page 175 to We Brunswick County Register of Deeds OR¢n. Subject to the utdokialed STANDARD EXCEPTIONS on reverse side bored Also IdWaet to the following SPECIAL INFORMATION Kip EXCEPTIONS: T" P.M.. ID: 245AA00901 Val a 360fiOOM 24644409M 140,V00.00 24iAA00M 150,M.00 24SAAt10904 lKoeR00 24SAAOOM 320,000.00 1. Ad valarmi um ere paid through and including those ®r the year..................2DO2 2. Taws now don and payable:... .....................•........................ -.........................NONE 3. Taxes, a Jim, deferred or otherwise, bud not yet due and payabla:....... _._........ 2003 4. Special Jev{ra ar a39oa9i[UVa DON' due M payable in mnde 1109Mmam.9:........ , Iq 2N9 5. astAte, or inbediagoe taxas:•..•.....................................•.......,...........................N(M Rtstricnve Coveoaeb7 YES!) MOM (ATTACH COPY). L Book Paga 2. Does survey and/or public record indicate a violatlen7 YBS (] NO I E ). �:.�o`�,��)m—^�5�'T�t �oW tidaiN�wde anceti _font soon tsar. S. E.ascmeatslothor matte": Survoy and laspccilon Rrpaat."t"cow? Y66 { ) NO 1,1 Recorded Pla(? YU (X ) MU ] 1. Map Book 27 Page 175 2. Building Setback LincO) of _fegt Om Sour; _fee! fioal e{da: _tom akin s$ret; _feet from rM, 3. YloWcd7 M I ) No { x ] Untmowe { 1 4. EatemsntelOtber madcra: Aceess to PublicRight of Way? YES(x) NO[ ) Direct I x ); or over a prisms easement 1 17 (if prism a eeaadtent, attach copy). If over A private easeMmL beg asearch bow made adjoining property on which "Mew aqua, YT31 ) NO[ ) Property Occupied fly: OwW I) Teneni ( ) Uo.{mptoved ( ) Unlmmno 1)( ) Uphting From Previous Title Insurance Pond^( M 11 NO {E 1(Atmeh ropy). If"YES", has k wsrch Mthe Public records been aocamp➢shed for such period of time wjitbin wbicb judgments, lions, or umm mattm could sffed the p!oyerty, regarding the ownar(a) of the pro" on and after the done of sa{d polioy'7 YP H NO IX 1 Other8eseme4ta, Woos D"d9 of Dust, Ob)ecttana, or Defteta: Sall ATTACM0 E.xxmrr"Aa (C9atmue on but if)awq s!y) Thin opinion of tide Is for the patties to whom it is fvmisbcd, ianot tmn+farablk and may not be used by any other person or wiry without the prior wrtrtm oomsant of the undersigned. Th. Sear-6 P-vwd was fswsr 30 YTIARS MOR TO ro Addrms! 6406 Reach TknS SW Crow We Beech, No 23469 AMMey 1.Ownor's ldsurma: -... (Pgnpa9nDru•Ivalue). s) lasv}ed: b) Use of Property: corerncrcla) I ); Resldwtlal ( ); Unknown I ); or Olha I ) 2. Mortgage.. Insuranea: S 0= amouW. a) loswed: b) Loan is! Permaoaot ( l; Temporuy I ]; ComMrction I ): FHA ( ); V.A 1 1; Conventional I l; (fir I c) The (chewing Sta0dard ALTA Bndorerweate are mquened: Send original biada to:& eg lCadbev "06R •1+ihtY eN Ocawll Rm."*x.l�,®469 N. C . Her Assoc. Farm No. I -P Page 2 /S 4 IG9a A(Sn ICI "39eUf/ 63111!W^�(I:L ee-vl-9 Sent by:EAST COAST ENGINEERI Aug-14-03 01:28vm from 9207548049*919 733 1495 Page 3i 3 EXHIBIT "A" L Title to all marshes and any portion of the property lying below the mean high water line of abutting waters or would lie below the mean high water line of abutting waters and any man-made fills or jetties, groins and other artificial aids to accretion. 2. Such rights as remain in the United States Government and its assigns to an easemeat allowing modification of the banks of the intra-coastal waterway, installation and maintenance of navigational aids along the infra -coastal waterway, and the dumping of spoilage on lands adjoining the infra -coastal waterway, Sent by:EA5T COAST ENGINEERI Aug-14-03 07:13am from 910754E049d919 733 1495 aa9e 1 Liles & Godbey, P,C, Attomeya at Lsx 6406 Beach Drtve, SW Phone; TIO) R31law Fax: (910) 579 9451 WAIL: slacwsoo®Ukeandg0abay.caet FaX Liles & Godbey, PC To; %Gkwbw#*AOn From: 8HANTE Few .444g20.. Dawn ,august 1.3„2003 Phone: per; Re: . Therrelt CCt Urgent For Review Please Comment Flee® Reply 4 plan" Rseyale •Camrtrents: Follswleg 950 Copy W the Oft bindsr, Thanks 8hante' OP." schaj�kc r Sent by:EAST COAST ENGINEERI Au9-14-03 07:13am from 91075480494919 733 1495 page 2 ool j ate ti Wa: v Pm r, n,, FIDELITY NATIONAL, TITLE INSURATe iFwmPAv,r Underwriting agent: CROWN TITLE CORPORATION (Agent file #; C-23612) Commitment Ty e; to Insure OWNERS No, 5312-1353823 Amt. $ 1,000,000.D0 Owner - Insured: Tommy L, TerreTI. Sr, and wife, Bobbie M. Terrell Effective date: July 18. 2D03 at: 05:00 P,M. attacheF d �oao`��is��te�nc�Cir�cr���d�����teFQSu�i�F���btporm r+ r �bM�. PRELIMINARY REPORT: Marketable Fee Simple Title is vested in: F. E. Piggott and wife, Della F. Pigott Sa10 property is to be sold to: Tommy L. Terrell, Sr. and wife. Bobbie M. Terrell Property Is to be sold for: $ 1,000,000.00 and/or mortgaged in the amount of; S 0.00 Mortgaged to - SCHEDULE A PROPERTY DESCRIPTION- The title to be insured will be described in: Warranty Oeed.,.,from: E. E. Piggott and wife, Della F. Pigott ;.,.,.,to: Tommy L, Terrell, Sr. and wife, Bobbie M. Terrell A copy of said instrument(s), which must be executed and filed for record. creating the interest to be insured, is an attachment to and constitutes a part of this commitment and describes the the �roperty to be insured. (Property description may be on attached page in lieu of a copy of insT, uments,) Counters gned BY ` � 0/",lf r (I, Authorized Signatorxr� CROWN TITLE CORPORATION Sent by:EFST COAST ENGINEERI Rug-14-03 07:13am from 9107548049'919 733 1495 Page 3 �uoi Lei na v�a� teem r . r�r�a ** SECTION Ix - DEFECTS, LIENS, ENCUMBRANCES, AND OBJECTIONS TO BE SHOWN AS EXCEPTIONS UNDER SCHEDULE 8 OF THE TITLE POLICY: This policy does not insure against loss or damage by reason of the following; STANDARD EXCEPTIONS: 1, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment, 2. The lien of the General Taxes for the year 2003 and thereafter but are not yet due or payable.. 3. The lien of any Special Taxes or assessments entered after the date hereof, 4, Rights or claims of parties in possession not shown by the public records. 5. Easements, or claims of easements, not shown by the public record. 6. Any lien, or right to a lien, for services, labor, or material heretofore furpished, imposed U law and not shown by the public records, '4. hl S "d, 6 4.Fi 41:-4i 4J U♦,IUU j:,X 14W3�, �WWW.OyC T QkrQ. F,WLI.MgMNNIG WMaa and/or any facts that a corre4t survey and/or a physical inspection of the premises ,would disclose. B. EASEMENTS: All easements, setback lines and other matters of record as shown on plat recorded in Plat Book 27, Page 175 in the Brunswick County Registry, including the Right of Way of the Intracoastal Waterway, 9. ADDITIONAL EXCEPTIONS Subject to Riparian and other water rights in area on Intracoastal Waterway, channel, sounds. Marshlands and highwater mark of Waterway and Atlantic Ocean. Riparian rights are Neither guaranteed nor insured. The policy will not insure title to property lying below ordinary high water mark of INTRACOASTAL IgATERWAY, Such rights as remain in the United States, of America and its,,.assigns to an easement allowing modification of banks of the intra-coastal waterway and dumping of spoilage on lands adjoining the intra-coastal waterway. AL�T�An OWNERS POLICY (10-17-92) Valid only if attached to AIJA Policy 1992 Revised flfaRB� Of FIDELITY NATIONAL TITLE INSURANCE COMPANY FOR INTERNAL- USE ONLY - REVIEWERS INITIALS L-- ib A 1$QQft1`i lJ40l A3tiUU� E'3 "11 '1!Wtll3 �L 'i U-C1-tl Sent by:EPST COPST ENGINEERS Pug-14-03 07:14an from 91075480494919 733 1495 Page 4i 5 r�e� 4of x:e era: Y�Prn r . Kuak FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent, CROWN TITLE CORPORATION ATTACHMENT PAGE — TO COMMITMENT NO. C-23612 PROPERTY DESCRIPTION: Being all of Lots 1, 2, 3, 4 and 5 of Monks Iskand as shown on plat thereof recorded in Map Book 27, Page 175 in the Office of the R.egi.ster of needs for Brunswick County, North Carolina. 9 _ /S r__ 19995G9U�5' J320p.� £3'�19�Naas '.a 'eo-e�-8 Sent by:ERST COAST ENGINEERS Aug-14-03 07:14am from 9107540049d919 733 1495. Page 5i 5 wcL •e��- w'Arepm repp SCHEOULE B SECTION I - THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH: OTHERWISE TO BE SHOWN M EXCEPTIONS IN THE POLICY: I. Payment of the full consideration for the interest acquired. . P. Execution and recordation of instruments required in Schedule A. Q• ogwmb" ref N11 rave Fv1H rh pAe lPviAd APAif" Sr1hqP�'.t premises which are due an� paya��e, to w�i: none S /i� R �9gS8LSO6N: 8-13-03; 3:18PM;LILES GOOBEY Liles & Godbey, P.C. Attorneys at Law 6406 Beach Drive, SW Phone: (910) 579.1850 Fax:(910) 579.8851 EMAIL: sjackson@lilesandgodbey.com Fm To: „tee on From: SHANTE Fax: 4� Date: August 13. 2003 Phone: Pages: Re: Therrell CC: Urgent Far Review Please Comment Please Reply ❑ Please Recycle -Comments: Following is a copy of the title binder. Thanks Shante' r 8-13-03; 3:18PM;LILES GOOBEY ;9105798851 # 2/ 5 FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION (Agent file #: C-23612) Commitment to Insure No. 5312-1353823 Owner - Insured: Tommy L. Terrell, Sr, and wife, Bobbie M. Terrell Effective date: July 18, 2003 at: 05:00 P.M. Type: OWNERS Amt. $ 1,000,000.00 Valid as a Commitment for an ALTA Standard 1992 Form Policy only if attached to a countersigned Commitment for Title insurance (FNTIC Form FT-T-10A). PRELIMINARY REPORT: Marketable Fee Simple Title is vested in: F. E. Piggott and wife. Della F. Pigott Said property is to be sold to: Tommy L. Terrell, Sr. and wife, Bobbie M. Terrell Property is to be sold for: $ 1,000,000.00 and/or mortgaged in the amount of: $ 0.00 Mortgaged to: SCHEDULE A PROPERTY DESCRIPTION: The title to be insured will be described in: Warranty Deed .... from: F. E. Piggott and wife, Della F. Pigott ..to: Tommy L. Terrell, Sr, and wife, Bobbie M. Terrell A copy of said instrument(s), which must be executed and filed for record, creating the interest to be insured, is an attachment to and constitutes a part of this commitment and describes the the property to be insured. (Property description may be on attached page in lieu of a copy of instruments,) Countersgned By C/ Authorized Signatory'' 7 CROWN TITLE CORPORATION 8-13-03; 3:18PM;LILES GODBEY ;9105798851 # 3/ 5 SCHEDULE B SECTION I - THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH; OTHERWISE TO BE SHOWN AS EXCEPTIONS IN THE POLICY: 1. Payment of the full consideration for the interest acquired. 2. Execution and recordation of instruments required in Schedule A. 3. Payment of all taxes, assessments and charges levied against subject premises which are due and payable, to -wit: none ;9105798851 k 4/ 5 e�or iar era e�a:�ropm r. v�v�a ** SECTION II - DEFECTS, LIENS, ENCUMBRANCES, AND OBJECTIONS TO BE SHOWN AS EXCEPTIONS UNDER SCHEDULE B OF THE TITLE POLICY: This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. The lien of the General Taxes for the year 2003 and thereafter but are not yet due or payable. 3. The lien of any Special Taxes or assessments entered after the date hereof. 4. Rights or claims of parties in possession not shown by the public records. 5. Easements, or claims of easements, not shown by the public record. 6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and/or any facts that a correct survey and/or a physical inspection of the premises would disclose. 8. EASEMENTS: All easements, setback lines and other matters'of record as shown on plat recorded in Plat Book 27, Page 175 in the Brunswick County Registry, including the Right of Way of the Intracoastal Waterway. 9. ADDITIONAL EXCEPTIONS; Subject to Riparian and other water rights in area on Intracoastal Waterway, channel, sounds, Marshlands and highwater mark of Waterway and Atlantic Ocean. Riparian rights are Neither guaranteed nor insured. The policy will not insure title to property lying below ordinary high water mark of INTRACOASTAL WATERWAY. d Such rights as remain in the United States. of 4nerica and its .assigns to an easement allowing modification of banks of the intra-coastal waterway and dumping of spoilage on lands adjoining the intra-coastal waterway. ALTA OWNERS POLICY (10-17-92) Valid only if attached to ALTA Policy 1992 Revised SCHEDULE B Of FIDELITY NATIONAL TITLE INSURANCE COMPANY FORM T-3BI FOR INTERNAL USE ONLY - REVIEWERS INITIALS (—) 8-13-03; 3:18FM;LILES GODBEY 3105738851 # 5/ 5 Vl[f/1J/VJJ L1JlYJ(Jlil r. Uu FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION ATTACHMENT PAGE TO C"ITMENT NO. C-23612 PROPERTY DESCRIPTION: Being all of Lots 1, 2, 3, 4 and 5 of Monks Iskand as shown on plat thereof recorded in Map Book 27, Page 175 in the Office of the Register of Deeds for Brunswick County, North Carolina. Liles & Godbey, P.C. Attorneys at Law 6406 Beach Drive, SW Phone: (910) 579.1860 Fax: (910) 579-8851 EMAIL: sjackson@lilesandgodbey.com Fm To: -8te cc1` is ion From: SHANTE I Fa:c Date: August 13, 2003 Phone: Pages: Re: Therrell CC: Urgent For Review Please Comment Please Reply -Comments: Following is a copy of the title binder. Thanks Shante' e ❑ Please Recycle 9 /t # 19886L5016' A3gaoJ FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION Commitment to Insure No. 5312-1353B23 Owner - Insured: Tommy L. Terrell, Sr. and wife, Bobbie M. Terrell Effective date: July 18, 2003 at: 05:00 P.M. Type: OWNERS Amt. $ 1,000,000.00 Valid as a Commitment for an ALTA Standard, 1992 Form Policy only if attached to a countersigned Commitment for Title insurance (FNTIC Form FT-T-10A). PRELIMINARY REPORT: Marketable Fee Simple Title is vested in: F. E. Piggott and wife, Della F. Pigott Said property is to be sold to: Tommy L. Terrell, Sr. and wife, Bobbie M. Terrell Property is to be sold for: $ 1,000,000.00 and/or mortgaged in the amount of: $ 0.00 Mortgaged to: SCHEDULE A PROPERTY DESCRIPTION: The title to be insured will be described in: Warranty Oeed.... from: F. E. Piggott and wife, Della F. Pigott __._to: Tommy L. Terrell, Sr. and wife. Bobbie M. Terrell A copy of said instrument(s), which must be executed and filed for record, creating the interest to be insured, is an attachment to and constitutes a part of this commitment and describes the the property to be insured. (Property description may be on attached page in lieu of a copy of instruments.) CountersignedBY Authorized Signator/' i CROWN TITLE CORPORATION S /Z 9 LSeeFLSOLS: /.39000 S3111:Wd[S:3 :£0-£1-5 PUGS2H SCHEDULE D SECTION I - THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH: OTHERWISE TO BE SHOWN AS EXCEPTIONS IN THE POLICY: 1. Payment of the full consideration for the interest acquired. 2. Execution and recordation of instruments required in Schedule A. 3. Payment of all taxes, assessments and charges levied against subject premises which are due and payable, to -wit: none 9 /£ # IS'886LSpI6' A39000 S31I7:WdIS:z :£0-£I-8 PLlasaa ** SECTION II - DEFECTS, LIENS, ENCUMBRANCES, AND OBJECTIONS TO BE SHOWN AS EXCEPTIONS UNDER SCHEDULE B OF THE TITLE POLICY: This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. The lien of the General Taxes for the year 2003 and thereafter but are not yet due or payable. The lien of any Special Taxes or assessments entered after the date hereof. Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public record. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and/or any facts that a correct survey and/or a physical inspection of the premises would disclose. 8. EASEMENTS: All easements, setback lines and other matters of record as shown on plat recorded in Plat Book 27, Page 175 in the Brunswick County Registry, including the Right of Way of the Intracoastal Waterway. 9. ADDITIONAL EXCEPTIONS: Subject to Riparian and other water rights in area on Intracoastal Waterway, channel, sounds, Marshlands and highwater mark of Waterway and Atlantic Ocean. Riparian rights are Neither guaranteed nor insured. The policy will not insure title to property lying below ordinary high water mark of INTRACOASTAL WATERWAY. Such rights as remain in the United States. of America and its assigns to an easement allowing modification of banks of the intra-coastal waterway and dumping of spoilage on lands adjoining the intra-coastal waterway. ALTA OWNERS POLICY (10-17-92) Valid only if attached to ALTA Policy 1992 Revised SCHEDULE B Of FIDELITY NATIONAL TITLE INSURANCE COMPANY FORM T-3BI FOR INTERNAL USE ONLY - REVIEWERS INITIALS C—] 9 /b # IS5£6LS016' n3aOO9 S37I1:WdtS:Z !£O-£l-S PUaSad FIDELITY NATIONAL TITLE INSURANCE COMPANY Underwriting agent: CROWN TITLE CORPORATION ATTACHMENT PAGE _ TO COMMITMENT NO. C-23612 PROPERTY DESCRIPTION: Being all of Lots 1, 2, 3, 4 and 5 of Monks Iskand as shown on plat thereof recorded in Map Book 27, Page 175 in the Office of the Register of Deeds for Brunswick County, North Carolina. 9 /S # iS8e649Ole! A3H000 !Co-el-e puaszy MAJOR PERMIT COMPUTER FORM APPLICANTNAME:IC�(�[ ADDITIONAL NAMES: sa.4 cw, DEVEL AREA: PROJ DESC: _ L41 X 241 �) WORK: 5 "D S wn L l at x 13 CS) EL to X 20 U x 24 C3' (Will only take 8) Z OJ r 0�0� XCo TE 204 x 2(g TE I p Y MNT: (Will only take 4) � W 5 7 to + IMP: 8Rues OW -760 ow lau dw L132- - 1008 (Will only take 8) —� /2 LM (23o c-)L,) 520 oti 1q,10 G J c�r-\ores.b;o r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 13, 2003 Mr. Tommy Therrell 1712 Ruben Road Monroe, NC 28112 Dear Mr. Therrell: JUN 1 9 2003 DIV.OF COASTAL MANAGO, MINT RALEIGH The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property located on Monks Island on the Atlantic Intracoastal Waterway in Brunswick County. It was received on April 14, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 27, 2003. 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 the April 14, 2003 date of receipt, 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 consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find "Notice of Permit Filing" postcards which must be posted at the property of your proposed development. You should post these notices at a conspicuous point on the island and along Village Point Road near Hughes Marina and Shallotte Inlet Drive where they can be observed from public roads. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right-of-way. 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 Jim Gregson if you have any questions and notify the Division in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, anet M. Russell Field Representative cc: Doug Huggett, DCM Charles Jones, DCM Jim Gregson, DCM Connie Marlowe, DCM Henry Wicker, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50 % Recycled \10% Post Consumer Paper Applicant Authorization We, F. Earl Pigott and Della F. Pigott, current property owners of 11.11 acres of Monks Island (tax parcels 245AA00901-5), authorize Mr. Tommy Therrell to apply for a Major CAMA Permit, Improvement Permits, Certificate of Completions, Operations Permits from the Brunswick County Health Department, or any other local or state permits necessary for the development of the subject property. Mr. Therrell has agreed to incur all costs associated with said permits. Della F. igott F. Earl Pigott /l-oy-o.;L /l-oy-o a - DATE DATE I, (-�-!'n- x-� rZ- a Notary Public for the County of T>n , the State of North Carolina, hereby certify that �tlo,'4.ni ,gs4- appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this 44--�— day of/udlle 6o� 2002. SIGNATURE ®TAR y v eqo D Commission Expires: o APR � 4 2�t}3 Page 1 of 2 g0AL MEN? P114 Go P tient by,EAST COAST ENGINEER[ Oct-30-02 04246pm from 9107640029+ ea9e 3i 3 Mz. Ton== henYll DATE 1, N � Q, G V\ P\nVN } a Notary Public for the County of UV` o•^ , the State of North Carolina, hereby certify that appeased personally before me this day and being duly sworn acknowledge that the above statement was executed by lum. WitnCsa by hand and notary seal, tins 31 day of Wo6cr , 2M. 3 >`14r�,pKatA = SIGNATURE �i ;' ty My Commission Expires: v �CslgI APRA4i pIVISIANjk EMEI.1T GOP'sTAL M Page 2 of 2 Agent Authorization I, Mr. Tommy Therrell, authorize East Coast Engineering Company, PA of Shallotte, North Carolina to act as agent to obtain necessary State and Local Pemits for Monks Island. /��.irszerL ' TITLE DATE o,r \-; 5 , a Notary Public for the County of the State of North Carolina, hereby certify that o,.,,r.J' L_ VejrOA appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this day of OeW cr . 2002. �oo SIGNATURE My Commission Expires: Nam, 7 ooy aP ON \S\0p 4 cD PgTM- M P. 1 * * * COMMUNICATION RESULT REPORT ( SUN.13.2003 10:54RM ) TTI NCDENR WIRO FILE MODE OPTION--- --- — ----- — ADDRESS (GROUP) — -- — -- -- --RESULT— --—PR/E.-- --------------------------- 202 MEMORY TX 8-9107548049 OK P. 3/3 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Offlee Michael F, Easley, Governor William G. Ross Jr„ Secretary FAX COVER SKEET Date: iD - 13 — 0 3 No. Of Pages: 3 To: a From: _ -�&0=CO: 12 11 FAX #:_910 754�� FAX#:910-350-2004 M REMARKS 12T Cgrdinol Arlve lixtentlon. Wilmlx0tal, N.C. 20405-3045 Telephone (910) 39&3900 Fox (910) M-2004 An Equal Opportnnity ATlirmntive Adieu Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 18W WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 7, 2002 Project Management Branch Mr. John C. Kinlaw Sloane Realty 16 Causeway Drive Ocean Isle Beach, North Carolina 28469 Dear Mr. Kinlaw: Monks :T61A,,d FILE C�0 V cEH �RF MAY 17 2002 DIVISION OF COASTAL MANAGEMENT This is in response to your meeting with Mr. Howard Varnam, Mr. Daniel Small, and Mr. Henry Wicker on May 3, 2002, in the Wilmington District, and your letter dated May 2, 2002, regarding the proposed Monk Island Residential Development, Brunswick County, North Carolina. As stated at the meeting, we have no problems with the proposed location of the concrete cart path, and the current plans for the boat docks as proposed in your detailed plans for the development, and our continued use of Monks Island as an upland disposal site. Both plans were identified on the detailed site plans presented during our meeting. Please contact Mr. Howard Vamam, Navigation Branch, at 910-251-4411, should you have any questions regarding our position on the proposed cart path. Any questions regarding our position on the proposed boat docks should be directed to Mr. Henry Wicker, Regulatory Division, at 910-251-4930. Sincerely, Du-- W. Coleman Long Chief, Project Management Branch East Coast Engineering Company, P.A. 4918 Main Street Fax: 930.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.7548029 Shallotte, NC 28459 Certified Mail Return Receipt Requested April 10, 2003 Hilda and McKee Pigott 3941 Halifax Road Wilmington, NC 28403 Re: Mr. Tommy Therrell CAMA Major Permit Application Monks Island Dear Mr. and Mrs. Pigott: Mr. Tommy Therrell has retained our firm to apply for a permit with the North Catch= Division of Coastal Management to develop property located on Monks Island. The Division of Coastal Management (DCIVl requires that all adjacent riparian landowners be notified of this permit request Enclosed is a copy of a permit application for the proposed project, and a drawing showing the proposed development. If you have any questions regarding the enclosed information, please contact our office. Any comments regarding the proposed project should be directed to Janet Russell with the DCM at the address shown below. The DCM allows 30 days from the certified receipt of the enclosed package to allow the adjacent landowner to submit comments on the proposed development If the DCM has not received any comments within 30 days, this will be interpreted that there are no objections to the proposed development Janet Russell NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 395-3900 Sincerely, Elizabeth M. Nelson Enclosures: Site Plan Application Forms Copy: Mr. Tommy Therrell File 0515 (Monks Island) 031V3D AFR 1 41* (}!VISION OF COASTAL MANAGEMENT FILE CONSENT NO. DACW21-9-01-4362 D �� DEPARTMENT OF THE ARMY J� CONSENT TO CROSS U. S. GOVERNMENT EASEMENT AT MAY 0 61001 MONK ISLAND, BRUNSWICK COUNTY, NORTH CAROLINA N OF AIWW-NC PROJECT COASTAL 'MAONAGEMEI KNOW ALL MEN BY THESE PRESENTS: The consent of the United States is hereby granted to Cap Care Group, Inc., hereinafter designated as Grantee, to construct, use, maintain, control, operate and repair electric, water, telephone, and cable television distribution lines, herein referred to as "structure," across, over and under the lands where the United States has acquired a perpetual easement identified as Tract No, 2E Cape Fear River, North Carolina to Little River, South Carolina Section of the Atlantic Intra- coastal waterway for the deposit of dredge material and for the preservation, operation and maintenance of the Atlantic Intra-coastal waterway as recorded in Deed Book 54, Page 488, and re- recorded in Deed Book 699, page 329, in the records of Brunswick County. The right-of-way for said structure for the purpose of this consent is specifically identified in Exhibit A, hereinafter referred to as the "premises", attached hereto and made a part hereof. THIS CONSENT is granted subject to the following conditions: 1 40 W61- 16 15119 a. That it is understood that this consent is effective only insofar as the property rights of the United States in the land to be occupied are concerned, and that it does not relieve the Grantee from the necessity of obtaining grants from the owners of the fee and/or other interests therein. b. The Grantee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this consent does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of 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). 2. RIGHTS FROM RECORD OWNERS The proposed construction authorized herein shall not be commenced until appropriate rights shall have been obtained by the Grantee from the record owners and encumbrances of the fee title to the lands involved. CONSENT NO. DACW21-9-01-4362 AIWW-NC 3. SUPERVISION BY THE DISTRICT COMMANDER RMAY 0 6 2002 2D EcEH DIVISION OF COASTAL MANAGEMENT That the exercise of the privileges hereby consented to shall be without cost or expense to the Department of the Army, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer," and subject to such regulations as may be prescribed by the District Commander Wilmington, District, from time to time, including, but not limited to the specific conditions, requirements and specifications set forth The use and occupation of the premises shall be subject to the general supervision and approval of the Installation Commander, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 4. INSPECTIONS AND REPAIRS The Grantee shall supervise and maintain the said structure and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said structure or the malting of any repairs thereto, the premises shall be restored immediately by the Grantee, at the Grantee's own expense, to the same condition as that which existed prior to the commencement of such work, to the satisfaction of said officer. 5. PROTECTION OF GOVERNMENT PROPERTY Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by the said officer and at his option, pay to the United States money in an amount sufficient to compensate for the loss sustained by the United States by reason of damage to or destruction of Government property. 6. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees or others who may be on said premises at their invitation or the invitation of one of them arising from governmental activities on or in the vicinity of the said premises, and the Grantee shall hold the United States harmless from any and all such claims. 2 CONSENT NO. DACW21-9-01-4362 MAY 0 6 2002 1A c 1Ca EV E AIWW-NC DIVISION OF COASTAL MANAGEMENT 7. RIGHTS OF THE UNITED STATES DELETED IN IT'S ENTIRITY 8. DAMAGE OR INJURY The United States shall in no case be liable for any damage or injury to the construction herein authorized which may be caused by any action of the Government, under the rights obtained in its easements, either hidden or known, or that may result from future operations undertaken by the Government, and no claim or right to compensation shall accrue from such damage or injury, and if further operations of the United States require the alteration or removal of the structure herein authorized, the Grantee shall, upon due notice from the said officer, alter or remove said stricture without expense to the Government and subject to the supervision and approval of the said officer and no claim for damages shall be made against the United States on account of such alterations or removal. 9. CONFLICT WITH GOVERNMENT RIGHTS Construction and/or operation maintenance and use of said stricture incident to the exercise of the privileges hereby granted shall be in such a manner as not to conflict with the rights of the Government, nor to interfere with the operations by the Government under such rights, nor to endanger lives and safety of the public. 10. TERMINATION This consent may be terminated by the Secretary of the Army upon reasonable notice to the Grantee if the Secretary of the Army shall determine that project to which consent is hereby granted interferes with the use of said land or any part thereof by the United States, and this consent may be annulled and forfeited by the declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this consent, or for nonuse for a period of two (2) years, or for abandonment. CONSENT NO. DACW21-9-01-4362 AIWW-NC 11. RESTORATION B(CERE MAY 0 6 2002 DIVISION OF COASTAL MANAGEMENT Upon the relinquishment, termination, revocation, forfeiture or annulment of the consent herein granted, the Grantee shall vacate the premises, remove all property of the Grantee therefrom, and restore the premises to a condition satisfactory to the officers having immediate jurisdiction over the property. If the Grantee shall fail or neglect to remove said property and so restore the premises, then, at the option of the Secretary of the Army, the property shall either become the property of the United States without compensation therefor, or the Secretary of the Army may cause it to be removed and the premises to be so restored at the expense of the Grantee, and no claim for damages against the United States, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. HEIRS, SUCCESSORS AND ASSIGNS The terms and conditions of this consent shall extend to and be binding upon the heirs, successors and assigns of the Grantee. 13. ENVIRONMENTAL PROTECTION The Grantee within the limits of his respective legal powers shall comply with all Federal, interstate, state and/or local governmental regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify the District Engineer, Wilmington District, and the site and the material shall be protected by the Grantee from further disturbance until a professional examination of them can be made or until clearance to proceed is authorized by the District Commander. 15. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary," "District Engineer," "Installation Commander," or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include assignees, transferees and their duly authorized representatives. 4 rao au cuuc ac. carr nr acuu P. o CONSENT NO. DACW21-9-01.4362 AIW W-NC 16, NOTICES ECEIVE MAY 0 6 2002 DIVISION OF COASTAL MANAGEMENT All notices to be given pursuant to this consent shell be addressed, if to the Grantee, to Capcan Group, Inc,, 8700 Oak Sprung Cake, Cofax, North Carolina 27235; and, if to the United States, to the District Engineer, U.S. Army Engineer District, Savannah, ATPN: Chief, Real Estate Division, 100 West Oglethorpe Averxte (31401.3640) P.O. Box 989, Savannah, Georgia 31402-0889; or as may from time to time otherwise be directed by the parties. Notice shall be doomed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 17. SPECIAL STIPULATION Grantee shall provide Grantor with final "As guilt" drawings upon completion of installation, THIS CONSENT is not subject to Title 10, United States Code, Section 2662, SIGNATURE PACES FOLLOW TO 37od 59:9199ZI6 9T:Z. Z06L/0L/d2 P. CONSENT NO. DACW21-9-01-4362 A1W W-NC o EcEEvE MAY 0 6 2002 DIVISION OF COASTAL MANAGEMENT IN WITNESS WHEREOF, 1 have hereunto set my hand by authority of the Secretary of the Army this _CL day of 2002. Witness, C& THIS CONSENT is hemby cepted by the Grantee this L day of T5 A200A- Cap Care Group, Inc 8700 Oak Spring Lake Colfax, NC 27235 Ronnel narkir - President W 1 t►� / Z0 3E)V6 90T9L59LT6 9S L[ L00L/0L/L0 FW: Monks Island Culvert pipe K)onvs Tsk(�-nC.X Subject: FW: Monks Island Culvert pipe Date: Thu, 12 Jun 2003 13:32:37 -0700 From: 'Elizabeth Nelson" <enelson@ececpa.com> To: "Janet Russell' <Janet.Russcll@ncmail.net> Chris: �t'tl n St�D i Gk- I spoke to Howard this morning regarding the culvert pipe we had previously agreed upon for the dredge pipe on Monks Island. We agreed since we will be constructing a wooden cart path instead, we will span that area with a bridge instead of installing a culvert pipe. I wanted to pass this information along in case it affects the consent agreement you are coordinating. Thanks. Elizabeth Nelson enelson@ececpa.com East Coast Engineering Company, PA 4918 Main Street • P.O. Box 2469 Shallotte, NC 28459 Office (910) 754-8029 Fax (910) 754-8049 1 of 1 06/12/2003 1:34 PM FW: Field Notes Mn��S �s1fMC� Subject: FW: Field Notes �— Date: Thu, 12 Jun 2003 13:32:39 -0700 rtA� S W t C From: "Elizabeth Nelson" <enelson@ececpa.com> To: "Janet Russell" <Janet.RusseII@ncmail.net> -----Original Message ----- From: Trudy.N.Wilder@saw02.usace.army.mil [mailto:Trudy.N.Wilder@saw02.usace.army.mil] Sent: Monday, June 09, 2003 1:09 PM To: enelson@ececpa.com Subject: RE: Field Notes Elizabeth: Thanks for being so patient. I have attached the trip report. If you see additional changes other than the wooden walkway versus concrete let me know. Trudy -----Original Message ----- From: Elizabeth Nelson [mailto:enelson@ececpa.com] Sent: Monday, June 09, 2003 6:00 PM To: Trudy Wilder Subject: Field Notes Please fax or email me the copy of the notes from our on -site meeting. Thanks Elizabeth Nelson enelson@ececpa.com East Coast Engineering Company, PA 4918 Main Street • P.O. Box 2469 Shallotte, NC 28459 Office (910) 754-8029 Fax (910) 754-8049 Name: Monk Island Site Visit Memo.doc L~ Type: WINWORD File (application/msword) Monk Island Site Visit Memo.doc Encoding: base64 Download Status: Not downloaded with message 1 of 1 06/12/2003 1:45 PM CESAW-PM-C November 22, 2002 FOR CESAW-FILE SUBJECT: Residential Development; South -side of Monk Island 1. On 19 November 2002, Howard Varnam, Roger Bullock, and Chris Frabotta met with Ms. Elizabeth Nelson, East Coast Engineering at Monk Island, NC. Ms. Nelson represents the engineering firm who is contracted by the developer to design the cart path accesses to each lot, the utility hook-ups, the septic system layout and all required permits. 2. Ms. Nelson requested for COE to agree on her proposed cart path alignment, which begins at the northwest point of Monk Island and continues around the west outside dike slope to the southern end of the island. Howard Varnam placed stakes to establish the eastern limit of the cart path. In addition, COE stated that only minimal cutting shall take place on this dike side slope in order to "key -in" the fill material needed to level the proposed path. Ms. Nelson was instructed that the material inside the dikes could be utilized for fill dirt for the path; however, any damage to the dikes or slope instability caused by the cart path construction shall be corrected in a timely manner. COE will perform a post construction site visit to inspect the dike. Ms. Nelson agreed to have a 24 inch minimum inside diameter pipe installed under the cart path in the current discharge pipe alignment (see attached photo). Ms. Nelson then requested that the cart path be allowed to be built within the COE right-of-way along the south side of the disposal area. She indicated that this would allow the path run along the north side of the residential structures. Howard Varnam, Chris Frabotta, and Roger Bullock indicated that this would not be allowed. Ms. Nelson requested that a cart shelter structure be allowed to be constructed at the beginning of the cart path (northwest point of Monk Island). COE indicated that this structure was not in the original consent agreement. Furthermore, consent for its construction within the Corps Right-of-way would not be allowed. Chris Frabotta Navigation Project Manager Wilmington District ant bvsEAST COAST ENGINEERI May-12-03 12123PM from 9107548049*9103502004 Page 1 East Coast Engineering Company, P.A. Fax: 910910.7HM9 Consultingnets 491 ice Boxain Street Office: 910.754.6029 � Post Office Box 2469 Sballotte, NC 2s459 TOO Janet Russell From: Elizabeth Nelson Fax' (910) 350-2004 Pages: 3 Phtatset (910) 395-3900 Date: 5/12/03 Re: Monks Island CC: 0 Urgent 0 For Review IJ Please Comment ❑ Please Reply is Commentsl Janet Here is a copy of the green cards for Monks Island. Copy:0515 The inform contained in this transmission is privileged, confidential, and is for the use of the individual or entity named above. You are not permitted to copy this communication if you are not the intended recipient named abort, the agent of the recipient authorized to receive this communication, or responsible for delivering it to recipient. If you have received this communication in error, please notify our office by telephone. Thank --you. Sent b9:ERST COAST ENGINEERI May-12-03 12:24Pm from 910754804999103502004 Page 2 if East Coast Engineering Company, P.A. 4919 Mijn street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 ;0Shallotte, NC 29459 May 12, 2003 Ms. Janet Russell Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405.3845 Subject: Monks Island Brunswick County Dear Ms. Russell: Enclosed is a copy of the certified receipt for the letter sent notifying the adjacent riparian owner of the Major CAMA permit applied for by Mr. Tommy Therrell. for the above referenced project. If you have any questions or require any additional information, please contact our office. Sincerely, c� E W abeth M. Nelson Enclosures: Certified receipt Copy; File: 0515 (Monks Island) Sent b9:EA5T COAST ENGINEERI May-12-03 12:24Pm from 9107548049->9103502004 Page 3i 3 ■ Complete items 1. nd 3. Also complete item 4 if Restricteo,?Iivery Is desired. ■ Print your name and address on the reverse A. Si at re V '��' r Y - j /, ❑Agent O Addre B. Recfived by I Prinfed Name) / C. Date f Deli r 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. D. Is ddiveryadtlress different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery oddress below: ❑ No I' - _ yI, Iy l i t �-k /e/ C' Y�-c � I� 64 I W �ln,;nc�lzrn I ►L- ':17461 3. g'v:cre Type CertiSed Mail ❑ �rpress Mail ❑Registered Return Receipt for Merchandise ❑ insured Mall ❑ C.O.D. a. Restricted Delivery? (Ertra Fee) ❑ Yes 2. Article Number 7001 1940 0002 9395 3094 (fransler from semica /abe0 PS Form 3811. August 2001 Domestic Return Receipt tr2sas.ot.M.zsos UNITED STATES POSTAL SERVICE I II II First -Class Mail )stage & Fees Paid 9PS Permit No. G-10 • Sender: Please prir.nt your name, address, and ZtP+4 in this box r�. East Coast Engineering Company, P.A. 4918 Attain Stmet - P.O. Box 246F $hadome, NC 28459 ,, � hrLfi,iLrlr:LldlLinnl1ldlrLlLJd:rdlttL{llrtlrJ * * * COMMUNICATION RESULT REPORT ( JUN.16.2003 3:47PM ) * * * 1�1 FILE MODE 267 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI NCDENR WIRO ADDRESS '(GROUP) RESULT PAGE -- -------------------------------------------------- B-9107545407 OK P. 2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION QLA North Carolina Departme��Environment and Natural Resources Michael F. Easley, Governor Division of Coastal Management Donna 1). Mof iih, Director William G. Ross Jr„ Secretary June 16, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms, Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Tommy Therrell/Monks Island bear Ms. Sweatt: Please publish the attached Notice in the Thursday, June 19, 2003, issue, The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit an original copy of the published notice_ Prior 2nrto m invoice to Chris Poe ' _ Pope, Division' of ('nacrol r,r......____. . ___ _An NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 16, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Tommy Therrell/Monks Island Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, June 19, 2003, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, v�Aj� ana Nash Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper t-o---------------------- --------------------------------------------------- -----heirs and assigns, _____- 4i�-____only use a4 behoof forever. And the said______ party _of_tha_fjrat_gAXt__ ------------------------- ----- for ------ 1Ltm - self _______and______lli3 heirs executors and administrators, covenants ____with said ------ -------- R�rt�-9i�_ BECQd_pBTts_hie *- -------------------------- ------------------------' - - _ heirs and assigns, that_____ h@ iB seized of said premises in lee and hag ____--____right to.convey'in fee simple; that the same are free and clear from all encumbrances'aitd' that_ — -____do a@_,_____hereby forever warrant and will forever defend the said title to the same against the claims of all persons whomsoever. ______________ _ ------ --------------------------- ---- :-- ---------------------------- APR 1 --------------------------- ----------- --- - - DIVISION OF - - -------------------------------------------------------------- GE ' E 1N TESTIMONY WHEREOF, the said_____P_ty Qi tt1B_iTat LIMP; --- -- --- ______________________________.7________________________-___-__ ha_ s __hereunto set ------ _hand ---- and seal___, the day and year first above written. } f--- ------ ' 1 ATTEST: ------.-------__r,._ _________________[SEAL] ---------- -------------------------- ---- ______________ _Y_______- ______[SEAL] (X-Sa) State of North Carolina, is adjudged to certificates, be registered. NORTH CAROLINA, s �---------------------------------------------, Clerk of the S Iuperior Court, hereby certify that I personally appbared be/ore me this day and acknowledged the due execution of the annexed deed of conveyance. Let the instrument, with this certificate, be registered. Witness my hand and official seat, this --, ---____---day °/----------------------------- ., _ A.D. 19 Clerk Superior Court. STATE OF NORTH CAROLINA_BRIIb5MK - - _-_-=_County. I> ----- a ---- 9 Q OJ----------- Notary Pubic, .. hereby certify that FLAYIE STAAALAND -------------------------------------------------- personally appeared before me this day and acknowledged the due execution of the annexed deed of conveyance. Witness my hand and notarial seal, this ---- L__ ___day of_________ dIIN(E ------ , A.D. 19_.7�. My commission expires_CILLH,_2tr 1 "Z5_-_____`e-y f - _--- -------=a.S2=Q/--, N. P. [SEAL] STATE OF NORTH CAROLINA, . The foregoing certificate of O a Notary Public of ---- A� be correct. Let the instrument, with Witness my hand and official se4l, this _-�---__day - - ------------� A.D. 19�� Clerk Superior Court.^ APR � p 200'� 017 EN COASTAL MAN pvqpy zliz rx ISM ov- All. A WARRANTY DEED TO Consideration . . Dated________ day of. $------------ ------- 19---- Filed for registration on the _______________ day of --- ----------------------,19---=• at_______________o'clock____M., and regis- tered in the office of the Register of Deeds for i' County, N. C.,this ----------------- day of --------------------------- 19--- at ---------- O'clock ---- M„ in Book ------ ___ 1t Deeds,'on Page ------------ and. .verifted. ---------- ` 1%gister 'b f_ Deeds. Edwards & Boughton Co., Raleigh orm 211;S-10M-7-53-13870—X s. is 0 a aq x P C C ' x � � o r � o ��a a � Q 4� I � s 01: C is Y . bQ n1 br p. . w tv , Form 2111&—WARRANTy DEED—Wlthaut Private Examination Edwards & Broughton Ca., Raleigh. N. C. NORTH. CAROLINA- ------ BRUNNICIC -----'---- - _County. THIS DEED, Made This ---_ �t-T--day of -------------- JUN6 by _•-... ------------- ---------, A.D. 19_�!_, ir— -- -------- ------ -(oal� heir at 1, tr of Laura Stanaland) o" the first part, and State of___..North Carolina F. E. PIGOTT a----------- --------------- j_ —Ck--- ------County and State of__________Rorth Carolina a/ the second part: ------------- WITNESSETH, That TEN y of the first MD - OTHER 9ALUABLB COALS: -------------------- to ------ her ----paid by P the -second -------- in consideration of --------------------------- the receipt of which is hereby acknowledged, ha__@ ----- bargained and sold, and by these presents d o _ e a grant, bargairssell a ------ and convey ----------------------- ------ - - - - and assigns, a certain tract or parcel of land in .... Branswiok --- ------------------------=County, State of -- -North Carolina - -------------------------- ,adjoining the lands of ----------------------------------------- others and bounded as follows, viz.: BEGINNING at a stake located in the divi 'the Laura feet estate, said atsion line of the B. H. Pigott estate and most 1054 feet from rilds being located north 22 degrees 30 minutes m the north edge of the Inland Waterway tie 22 30 minutes east 1050 feet to the north edge of the Inland Waterway; thence runs thence south 22 de said Inland Waterway south 22 degrees 30 minutes east about 150 feet to a stake o the south edge of said Inland Waterway; thence south 22 degrees 30 minutes east 706 feet to a stake in the north edge of shalloso River; thence with the north edge of Sha71©tte River south 61'degreea 15 minutes west about.587 feet to a stake{ In the F. W. Pigott estate line qnd corner; thence north 22 degrees 30 minutes west with the F. W. Pigott estate line 645 feet to the south edge of the Inland Waterway canal; thence crossing said canal north 22 degrees 30 minutes west about 1 150 feet to a stake on the north edge of said canal; thence north 22 degrees 30 minutes west with F. W. Pigott estate lute noo feet to a stake located about 75 feet south of bunch of a.iveoaks; thence north 24 degrees 30 minutes north 15 east 200 feet to a stake; thence With the edge of of the marseast 78 feet to a stake in the edge of the marsh; then' h in.an easterly direction to BEGINNINGthe place and point of BEGINNING, the acres, more or leas; according to a s May 29, 1954, said survey being recorded in'.Aiap BPPk - Page Ralph M. Edwards on county Registry, and being a portion of the land bnhe aB �, alarid fr her mother, Laura stanaland, d by Flaxie S�analand fro TO IL r J 9 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 14, 2003. According to said application, Tommy Therrell, Monks Island, between Saucepan Creek and the Shallotte River on the Intracoastal Waterway in Brunswick County proposes to develop a portion of an existing spoil disposal island into five residential lots with amenities. Proposed in addition to the lots are a golf cart path for access to the lots, a community helicopter pad, a 10-slip community dock, a community canoe dock and utilities for the residential lots. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to July 10, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Division of Coastal Management Application Processing Notes Applicant: Tommy Therrell — Monk's Island Application Type: NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: Field Representative: Janet Russell Deadline: 75 day: 6128/03 150 day: 91-14/03 9/29/03 (if applicable) Date/Time Message 4/14/03 Application accepted as complete in Wilmington. 6/19/03 Application package received in Raleigh. (day 66) 6/20/03 Application package received in Raleigh, assigned, reviewed and ready for distribution to the review agencies. 6/30/03 Extended processing of the application into the second 75 day period. 150 day deadline is 9/11/03. 8/7/03 Sent letter to applicant stating that SPO required additional info (copy of title seach as proof of ownership), and if no response within 3 days from fax or 5 days from letter date, project would be placed on hold (8/14/03). 8/8/03 Received call from Elizabeth Nelson, consultant, that applicant was having a title search done, but it has not been submitted to SPO. 8/18/03 Rcvd call from Wanda King, SPO, telling me that she had not received the requested information, therefore, I placed the processing of the application on hold effective 8n103. 8/25/03 Rcvd fax from Wanda King of a letter she sent to the applicant stating that the state had no ownership claim for the 11 ac tract depicted in the application package. 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