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HomeMy WebLinkAbout20-16 HDI Holdings LLCI` Permit Class NEW Permit Number 20-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �P�riYit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to HDI Holdings, LLC, c/o Robert W. Huth, 5929 Market St., Wilmington, NC 28405 Authorizing development in New Hanover County at adi. to Myrtle Grove Sound, 402 N. Lake Park Blvd., Carolina Beach , as requested in the permittee's application dated 10/21/15, incl. attached workplan drawings (1), C2 dated 10/26/15. This permit, issued on February 8, 2016 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 oe suoiect to tines, imprisonment or civu action; or may cause the permit to oe nuu ana voia. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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 dale. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Crti^✓ /1 Brai one. Davis, Director /---ODivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee HDI Holdings, LLC Permit No. 20-16 Page 2 of 4 ADDITIONAL CONDITIONS 3) The pennittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes only transient boat slips. 6) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 7) The authorized structures and associated activity shall not exceed the established Carolina Beach pier head line and federal channel setback. 8) Should either adjacent property be sold prior to the initiation of construction of the docking facility, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. 9) The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 10) The roof of the covered platform/gazebo shall not be designed for second story use. 11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 12) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. U.S. Army Corps of Engineers Conditions 25) 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 shall 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. ' HDI Holdings, LLC Permit No. 20-16 Page 3 of 4 ADDITIONAL CONDITIONS 26) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/ne-es/mammal/manatee guidelines.pdf. Bulkhead 13) The alignment of the authorized bulkhead/riprap shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 14) The bulkhead shall be constructed prior to any backfilling activities. 15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 16) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. 17) The fill material shall be clean and free of any pollutants except in trace quantities. 18) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 19) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 20) All fill material to be placed below normal water high level shall be confined behind the permitted bulkhead. Excavation 21) In order to protect juvenile shrimp and fmfrsh populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the appropriate resource agencies. 22) Excavation shall not exceed -5' feet below the mean low water. In no case shall the depth of excavation exceed the depth of connecting waters. 23) No excavation shall take place at any time in any Coastal Wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 24) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. HDI Holdings, LLC ADDITIONAL CONDITIONS Spoil Disposal Permit No. 20216 j Page 4 of 4 25) The disposal area areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 26) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 27) No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Upland Development 28) Any development or land disturbing activity that is considered non -water dependent is not authorized within 30 feet of the normal high water line unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. The concrete walkway and swimming pool shall be located more than 30' from the normal high water line at the time of construction. 29) The wooden decking within 30 feet of the normal high water line shall be limited to no more than 200 square feet in area, and shall be slatted and elevated. 30) The wooden walkway within 30 feet of the normal high water line shall be limited to no more than 6' in width, and shall be slatted and elevated. General 31) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2015- 02426. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 15-1203. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ictl Mr-1 APPLICATION for Major Development Permit (last revised 12/27/66) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name HD=. H4ololmeqS LLQ. Project Name (if applicable) 1i QCLY1 olrrl Applicant 1: First Name "Robert- MI W , Last Name HL4h Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5g2°I mlu1(e+ ice+ PO Box 1 (11OL city W►lm)n State NC_ ZIP 28u05 Country Phone No. q)o --A9 - U900 ext. No. No. nla Street Address (lf different it= above) n City — state — ZIP — Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name Choi les MI C , Last Name '4 oir-dex4eZ Agent/ Contractor 2: First Name MI Last Name Mailing Address IA23 R.eUni0►) Road PO Box —� City volMin yl state NC ZIP 2.$ti1 Phone No. 1 qio-tP20-gU72 ext.ext. Phone Wo. 2 FAX No. Contractor # R EC E IV Street Address (if different from above) City State ZIP NOV 16 2 Email CC ii@nV' DCM- MHD ED 15 CITY HEUEIVED <Form continues on back> DCM WILMINGT "EI V GAL O C T 2 6 2015 0C12 6 266 c a a s t a l m a n a 9 e in e n t. n et Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Ww "WNM Street Address 407. N . Lo t Pa,l L Wvd Stale Rd. # Subdivision Name City State Zip NIA Ctavoym SIM011, I Nr- 2.942-IT Phone No. Lot No.(s) (If many, attach additional page with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Feay AWN c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural Manmade []Unknown VA��-1e ?rule. Sound e. Is proposed work within city limits or planning jurisdiction? )(Yes []No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Town o-f CaxolkYN& zew-ki 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ILISi 42, O-t$ c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wateo or (If many lot sizes, please attach additional page with a list) NWL (normal water level) ((NHW or ❑NWL e. Vegetation on tract o�rr�seS, CoQI-ct.l we-1-�c�.ncl5, oaK i�r�e.. f. Man-made features and uses now on�tract ` V,,, p� dib-Pildotied {ot, H 1111d g. Identify and describe the existing land uses adlacent to the proposed project site. rest (A&T OLA h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, If applicable) Xes []No [:]NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes wo RECEI k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes No []NA NOV 16 If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes WNo ❑N National Register listed or eligible property? &CR 2015 D CITYI RECEIVED <Form continues on next page> DCM WILMINGTON, NC OCT 2 6 2015 2S2-808-2808 :: 11-888-4111COAST :: www.nccoastalmanagement.nat Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? Yes []No (11) Are there coastal wetlands on the site? AYes ❑No (III) If yes to either (1) or (ii) above, has a delineation been conducted? RIYes []No (Attach documentation, it available) 7� n. Describe existing wastewater treatment facilities. PLAU i c sy s�ev n o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. ' �a S. Activities and Impacts a. Will the project be for commercial, public, or private use? INCommercial ❑Public/Govemment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Yf S iGl2tnI V'ECv�ea'Flcvw A Use_. c. Describe the proposed construction methodology, types of construction equipment t be us e51 audng construction, the number of as type of equipment and where it is to be stored. — Tempo✓aN cv'caes W7 FBI %vrJ ,St r�. U'M m ay IX St i [ - - PLZA W r4"cYuc iGv - hump "i-ru alms / co i ve Tru cy (not- Sivrn=l w1 S i " CmAiis G S AAAC*tcl tm"4LJQK P. S&Wreck cM 1 Ct� F�QV 1 4Y�lCI bay-ae-+ d. Lis all development activities you propose. CaMcUv)5/ FI II - CoNs-� uc hr.✓� o F -3�4 Cov)ctos, ?Dn l a►)d Ci ay c lCCY- / P; er e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project?' e J ❑Sq.Ft or Acres g. Will the proposed project encroach on any public easement, public accessway or other area Dyes KNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Water �-Iows Curr"N-Hy -toward The. PnDp useolt6 fad) w II I d i beef #zo +o CMrAi bc6ffi l a► a 4iq In stet- FI ow +h n,muntu I. Will wastewater or stormwater be discharged into a wetland? oxes ❑No ❑NA 171 If yes, will this discharged water be of the same salinity as the receiving water? Oyes >ko ❑NA j. Is there any mitigation proposed? ❑Yes ❑No A If yes, attach a mitigation proposal. DCM WILMINGTON. NC <Form continues on AE-ECEIVED NOV 16 2015 OCT 2 6 2015 ly 10 ,r u.od) , 252.808-2808 :: 1.888.4RCOAS7 :: www.ncco ^ta1���ge nt.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submitted In order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the appficant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I 1 oe f. A list of the names and complete addresses of the adjacent waterfront (riparian) landovmers and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name SS101Y\Cj jVtQV 1Y1G 5trYlCe�1(wpY It �LC-r L �t7 n(�Ph"Noo. �j^��}0410'Sb�Si Address wo JI.I.�Y,4-x`,e1?yi� rIfe+l4yoiio(, L1Li-), Nc Name Phone No. Address Name OWN Plane No. Address i c() I-) IC.�V P64C ¢,IVd CCVU\trdC, RPr1CA-, I rW L2ri< g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date /'0 Z� I`� Print Name l'yf'-v Signature RECEIVED '—� NOV 16 2015 Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts DCM- M H D CITY V(DCM MP-3 Upland Development v g1DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 ?5a 30S-230€! 1-838-4R(nAE'-T vrww.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length TS/ Width Avg. Existing O I� Z t NA NA Depth Final Project I NA NA Depth 11. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. ' 2-11 CN. b. Type of material to be excavated. staandu b�-t��nn (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the l.. number of square feet affected. *W X 100 ❑SAV ❑SB OWL _ ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. OIR 514t > 30 t -4 MYYI N H V-1 l00' X 2.S l c. (I) Do you claim title to disposal area? *as ❑No ❑NA (II) If no, attach a letter granting permission from the owner. (i) Does the disposal area include any coastal "bandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL %None III) Describe the purpose of disposal in these areas: (1) Willa d' sal area be available for future maintenance? ❑Yes $TNo ❑NA (ii) If yes, where? (1) Does the di posal include any area in the waterR E E D ❑Yes di ❑NA (d) If yes, tow much water area is affected? NOV 16 2015 DCM- MHD CITYI RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 252-808-2808 :: 1.888-411COAST :: www.nccoastaimanagement.net revised: 12/26/06 Form -DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: Bulkhead ❑Riprap ❑Breakwater/Sill [:]Other:_ Width: 12I I c. Av32 distance waterward of NHW or NWL: - 4 wtII tt 2'-I2.' IDdow Won Ifigh 1+0 t4eq 4M✓empinfoi girl will W- aEUdC t"6h 6kk- Ie uric e. Type of stabilization material: ClI I-USIno %IW1bpnV, 1/In'lI 0(2 . Ctnff) pvs)+e SivQ-I hi , g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0041 Riprap _ Breakwater/Sill _ Other I. Source of fill material. _._dVedQe -C-W1 __---- Maximum distance waterward of NHW or NWL: IQI f. (i) Has there been shoreline erosion during preceding 12 months? [Yes ❑No ❑NA (if) If yes, state amount of erosion and source of erosion amount information. I ' I Y) pa&+ 12 YYy4yic, / no i vc4 h. Type offill material. IfYZxlcn/) C41coo COV -y-A 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill If ves, In (if) Amount of material to be placed in the water d (III) Dimensions of fill area lLS r X 2251 (iv) Purpose of fill b. (!)Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. a. How will excavated or fill material be kept on site and erosion b. controlled? o Iv- ( CC c. (i) Will vi ational aids be required as a result of the project? d. ❑Yes gNo ❑NA (if) If yes, explain what type and how they will be implemented. Date �-c can Project Name ❑CW ❑SAV ❑SB ❑WL IgNone (ii) Describe the purpose of the fill in these areas: C What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? %AGK-VY)2. (i) Will wetlands be rossad in transporting equipment to project site? []Yes o ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED �`��"� M- MHD CITY Applicant Name Applicant Signature --- +E C E I V E D DCM WILMINGTON, NC OCT 2 6 2015 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.not revised. 12i 25i06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. • 1 BUI )CPIVy) • � c. Density (give the number of residential units and the units per acre). i—I 917 r]CJ e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes *0 DNA (III If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 2 20, 2 10/e I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5 3 1 U 0/0 j. Describe proposed method of sewage disposal. Publ i L <"y C'-�rm Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). o4ch &C,Irn_� D l'hn 1P Pia-t lril`.l� • � . s�:r:Wymr�� r b. Number of lots or parcels. J_ d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. .. a q f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. cspha l� + C "CV-e% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of WaterQuality for review? ❑Yes Oo ❑NA N11 I l bQ 40 N1 (ii) If yes, list the date submitted: $10001 SOuy) . k. Have the facilities described in Item (i) received state or local approval? I9Yes ❑No DNA If yes, attach appropriate documentation. ?p_ tvtg sep+. M-ec+iv,9 m. Does the proposed project include an innovative stormwater design? Wes ❑No ❑NA it ;as, attach appropriate documentation. OW subs^ k+ wlrw1 CoyhPVf7-Z1 RECEIVED RECEIVED DCM WILMINGTON, NC NOV 16 Z015 252.806-28082:c 1-888.4RCOAST " www.nccoostaimanagement,net revised: 12i2&08 DCM- MHD CITY Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) PUMIC SyStevn n. (i) Will water be impounded? ❑Yes XNo ❑NA (ii) If yes, how many acres? o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be installed fo this upland development? Oyes [o RNA O IS Date �eILCCc,t� �01YL�" Project Name Applicant Name�l� Applicant Signature RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 252-808-2808 :: 1-888-0RCOAST a www.necoastalmanagement.net revised: 12126106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Govemment *rivate/Community ❑This section not applicable b. (1) Will the facility be open to the general public? ❑Yes %No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes t1pNo (ii) Number '- If yes: /� (Ili) Length _51, (it) Number _ (iv) Width 61 (NI) Length ,,,ddd'''''' (v) Floating ❑Yes o (iv) Width _ (v) Floating ❑Yes ❑No e. (1) Are Platforms included? 3KYes ❑No I. (i) Are Boatlifts included? []Yes o XV If yes: If yes: (it) Number I (it) Number (III) Length �� t (Ill) Length (iv) Width _� IN) Width (v) Floating *as []No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. h ❑ Full service, including travel lift and/or rail, repair or ,(It) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies Dockage ("wet slips") only, number of slips: Tlrans►e4 0 n"I ❑ Dry storage; number of boats: ❑ Boat ample); number of boat ramps: ❑ Other, please describe: t. Check the proposed type of siting: ❑ land cut and access channel pen water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: / k. Typical boat length: 21 m. (1) Will the facility have tie pilings? ❑Yes Ao (II) If yes number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED NOV 16 2015 I. (i) Will the fa Iliy be open to the generolIiiii- MI H D CITY ❑Yes KNO RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanag_pment.net revised: 12/27106 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not appiloable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N I A b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. I d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N (ii) Give the location and number of "Pumpout Available" signs proposed. j /V /. Describe the special design, if applicable, for containin i ustrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? /I h/ //�( I�i . Give the number of channel markers and "No Wake" signs proposed. IA 1. Give the location of fuel -handling facilities, and describe the safety measur`paA�planned to protect area water quality. -17' I j. What will be the marina policy on overnight and live -aboard dockage? Rh RECEIVED k. Describe design measures that promote boat basin flushing? /V Nov 16 2015 I. If this project is an expansion of an existing manna, what types of services are currently DCM- MHD CITY DCM WILMINGTON, NC 0CT262015 252-808-2808 :: 1-868.4RCOAST :: vvvm.noconstalmanaaement.net revised: 12127106 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/dooking facility proposed within a primary or secondary nursery area? []Yes *0 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes *o o. Is the marinaldooking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes XNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Govemment ❑Private/Community (li) Number (III) Length (Iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) This section not applicable a. (i) Number (II) Length (III) Width _ 5. BREAKWATER (e,g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED riECEIVED DCM WILMINGTON, NC NOV 16 2015 0 C T 2 6 2015 MHE) CITY 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. _ revised; 12/27106 Form DCM MP-4 (Structures, Page a of a) a. Proximity of structure(s) to adjacent riparian property lines 0-15( Nola: For buoy ormoodnrp piling, use arc of swing Including length of vessel. c. Width of water body e. (1) Will navigational aids be required as a result of the project? [_]Yes *Jo ❑NA (ii) If yes, explain what type and how they will be Implemented. a. Give complete b. Proximity of structure(s) to adjacent docidng fadli ies. � 2,n f d. Water depth at waterward end of structure at NLW or NWL .Sl OQ I)rUL damC*1-(; Date > pe l l (Cr, PtDp�tNamo -- Applicant Name J. Applicant Sgnalure r 12i) �zm� O�Q✓ (a)+ -vD f1L�v)c� pcts� P ei Kpod Uv�> RECEIVED NOV 16 2015 DCM WILMINGTON, NC N 0 V 0 3 2015 2s2-Boa-2808 :: 1-888-4RCOAST :: www nceoastalmanaoemen1-I1TC M _ M H D CITY """edi 12M S Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY August 12, 2016 PAT McCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Dttwwr Charles C. Poindexter, II, Manger Robert Huth, Manager Pelican Point CB, LLC, Developer HDI Holdings, LLC, Property Owner 7923 Reunion Rd. 5929 Market St Wilmington, NC 28411 Wilmington, NC 28405-3615 Subject: State Stormwater Management Permit No. SW8 070817 Pelican Point High Density Infiltration Trench Project New Hanover County Dear Mr. Poindexter and Mr. Huth: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for Pelican Point on August 12, 2016. 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 modified Permit No. SW 8 070817 dated August 12, 2016, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project. This permit shall be effective from the date of issuance until October 12, 2021, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the BMP's, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to certify the BMP's, to transfer the permit, or to renew the permit, will result in future compliance problems. As the identified developer of the project, Pelican Point CB, LLC, shall be the designated permit holder and responsible for meeting the conditions and limitations specified therein. The following modifications are included and covered by this permit: 1. A revised site layout. 2. The BMP has been re -designed and will be an infiltration trench. Please be aware that it is the responsibility of the permit holders, Pelican Point CB, LLC and HDI Holdings, LLC, to notify the Division of any changes in responsibility for complying with the permit and request an ownership/name change for the stormwater permit. However, please be reminded that if the development agreement between Pelican Point CB, LLC and HDI Holdings, LLC is dissolved, cancelled or defaults, and the Division is not notified by Pelican Point CB, LLC to transfer the permit, then the responsibility for permit compliance reverts back to the property owner, HDI Holdings, LLC. The Division must be notified immediately of any permit ownership changes and submit a completed Name/Ownership form to the Division within 30 days. Otherwise Pelican Point CB, LLC and HDI Holdings, LLC will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day. RECE�vED WU 0 J0$ DCW MND State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources wilMrgton Regional Office 1127 Cardinal Drive Extension I Muni gton, NC 28405 CJ T 910 796 7215 State Stormwater Permit No. SW8 070817 Page 2 of 2 1v If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 Christine Hall in the Wilmington Regional Office at (910) 796-7215. Sincerely, iC��`�CRz W Tracy Da s, P.E., Direct r Division of Energy, Mineral and Land Resources GDS/cash: %Stormwater\Permits & Projects\2007\070817 HD\2016 08 permit 070817 cc: Jim Honeycutt, Jr. PE New Hanover County Building Inspections New Hanover County Engineering Brian Stanberry, Town of Carolina Beach Division of Coastal Management Wilmington Regional Office Stormwater File RECEIVED AUG 2 3 2016 DCM- MHD CITY State of North Carolina I EnvironmemalQuallty I Energy, Mineral and Land Resources 6Wmirgtm Regional Office 1127 Cardinal Drtve Extension I Wiimingtmt NC 28405 910 796 7215 State Stormwater Management Systems Permit No. SW8 070817 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH 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 PERMISSION IS HEREBY GRANTED TO RECEIVED Pelican Point CB, LLC and HDI Holdings, LLC AUG 2 3' 2016 Pelican Point 402 N. Lake Park Blvd, Carolina Beach, New Hanover CoDPM- MHD CITY FOR THE construction, operation and maintenance of one (1) infiltration trench (hereafter referred to as infiltration system or stormwater control measure) in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water 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 Energy, Mineral and Land Resources (hereafter referred to as the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until October 12, 2021, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control measure. The stormwater control has been designed to handle the runoff from 25,226 square feet of impervious area. The maximum built -upon area allowed for the entire project is 25,226 square feet. 4. The drainage area will be limited to the amount of built -upon area indicated in Sections 1.2 and 1.6 of this permit, and per approved plans. This permit does not provide any allocation of built -upon area for future development. 5. The infiltration system is permitted per the Alternative Design Criteria under Section .1008 (h). The proposed system provides equal or better control, equal or better protection of surface waters and results in no increased potential for nuisance conditions. The infiltration system can store at least 2 times the minimum design storm, therefore a LSNFS is not required. Page 1 of 7 State Stormwater Management Systems Permit No. SW8 070817 6. The following design criteria have been permitted for the infiltration trench and it must be provided and maintained at the design condition: Draina a Area 1 a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 0.78 33,964 0 b. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2: 25,226 25,226 0 c. Design Storm, inches: 1.0 d. Trench Length, feet: 1,065.8 e. Trench Width, feet: 4.5 and 7.66 f. Trench Depth, feet: 1.25 g. Perforated Pipe Diameter, in.: 6 h. Perforated Pipe Length, ft: 1065.8 i. Bottom Elevation, FMSL: 3.50 . Bottom Surface Area, ft2: 7,794 k. Bypass Weir Elevation, FMSL: 4.75 I. Permitted Storage Volume, W: 4,082 m. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.04 n. Type of Soil: Sand o. Expected Infiltration Rate, in/hr: 6.25 1/2 of the measured rate p. Seasonal High Water Table, FMSL: 2.78 q. Time to Draw Down, hours: 0.04 r. Receiving Stream/River Basin: Carolina Beach Yacht Basin / Cape Fear s. Stream Index Number: 18-87-31.2 t. Classification of Water Body: SB II. SCHEDULE OF COMPLIANCE No person or entity, including the permittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. RECEIVED AUG 2 3 2016 DCM- MHD CITY Page 2 of 7 State Stormwater Management Systems Permit No. SW8 070817 5. It is the responsibility of the permit holders, Pelican Point CB, LLC and HDI Holdings, LLC, to notify the Division of any changes in responsibility for complying with the permit and request an ownership/name change for the stormwater permit. However, please be reminded that if the development agreement between Pelican Point CB, LLC and HDI Holdings, LLC is dissolved, cancelled or defaults, and the Division is not notified by Pelican Point CB, LLC to transfer the permit, then the responsibility for permit compliance reverts back to the property owner, HDI Holdings, LLC. The Division must be notified immediately of any permit ownership changes and submit a completed Name/Ownership form to the Division within 30 days. Otherwise Pelican Point CB, LLC and HDI Holdings, LLC will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day.Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. B. All stormwater collection and treatment systems must be located in either public rights - of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights -of -way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 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 item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. e. The construction of any future BUA listed on the application. 10. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. ReGgrds gf�txtaigti r nce activities performed to date will be required. ! 9d C t V C U AUG 2 3 2016 DCM- MHD CITY Page 3 of 7 State Stormwater Management Systems Permit No. SW8 070817 11. 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. III. GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NCGS 143, Article 21. 2. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 3. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction. 4. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57 01 tel and NCGS 57D-6-07; (;vtU W� f. A name change of the current permittee; g. A name change of the project; AUG 2.3 2016 h. A mailing address change of the permittee; 5. The permittee is responsible for compliance with all permit conditioD(jjMI-suk&CITY as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 6. The permittee grants DEMLR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until modified, revoked, terminated or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Approved plans, calculations, supplement forms, operation and maintenance agreements and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Page 4 of 7 State Storrnwater Management Systems Permit No. SW8 070817 9. Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. 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 Session Law 2008-211, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et. al. 11. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee. Permit modified and reissued this the 12th day of August 2016. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 070817 Page 5 of 7 State Stormwater Management Systems Permit No. S1807081 8 070817 Pelican Point Stormwater Permit No. SW8 070817 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL RECEIVED AUG 2 3 2016 DCM- MHD CITY Page 6 of 7 State Stormwater Management Systems Permit No. SW8 070817 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. S. The bypass structure weir elevation is per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. cc: NCDEQ-DEMLR Wilmington Regional Office New Hanover County Building Inspections G G` Page 7 of 7 Q `� RECEIVED AUG 2 3 2016 DCM- MHD CITY DEPARTMENT OF THE ARMY. WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATreMON OP. February 18, 2016 Regulatory Division Action ID No. SAW-2015-02426 and State Permit No. 20-16 Mr. Robert W. Huth HDI Holdings,.LLC 5929 Market Street Wilmington, North Carolina 28405 Dear Mr. Huth: Reference your application for a Department of the Army permit to replace an existing failing bulkhead, construct a dock, and perform new dredging associated with a proposed residential development known as Pelican Point Condominiums. This project is located at 402 N Lake Park Boulevard, in Carolina Beach, New Hanover County, North Carolina The plans propose to remove the existing, failing bulkhead and excavate the area water ward of the new bulkhead (approximately 75-feet long X 20-feet wide to a depth of -5 feet at mean low water for a boat basin, resulting in approximately 211 cubic yards of dredged material. This material would be placed on high ground and utilized. onsite once de -watered. The project site is located directly adjacent and within close proximity to the Corps Federal channel setback. Additionally, the project consists of constructing a four story, 36-unit condominium complex with amenities including parking, a pool area, an uncovered wooden deck, and a new access pier, which measures 20-feet long X 6-feet wide, and would extend from the northernmost end of the property off of the new bulkhead into Myrtle Grove Sound. The pier would terminate onto a partially covered fixed platform, approximately 32-feet long X 5 to 10-feet wide. Additional features. include a 65-foot long X 6-foot wide floating dock, accessed by a ramp from the southern portion of the property, and would run parallel to the new bulkhead. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. RECEIVED FEB 2 5 2016 DCM- MHD CITY -2 - 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. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Enclosures: CAMA permit GP 291 conditions Copies Furnished with enclosures: Mr. Charles Poindexter 7923 Reunion Road Wilmington, North Carolina 28411 Copies Furnished without enclosures: Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Sincerely, ` Li W Regulatory Project Manager RECEIVED FEB 2 5 2016 DCM- MHD CITY Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources 401 &Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, North Carolina 28512 Electronic copies furnished: Mr. Chad Coburn, NC DEQ-DWR Ms. Heather Coats, NC DEQ-DCM Mr. Robb Mairs, NC DEQ-DCM RECEIVED FEB 2 5 2016 DCM- MHD CITY GP 291 Conditions SAW-2015-02426 Pelican Point Condos In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htto://www.fws.gov/nc-es/mammal/manatee guidelines.p 2. No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to. the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. RECEIVED FEB 2 5 Z016 DCM- MHD CITY GP 291 Conditions SAW-2015-02426 Pelican Point Condos 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 12. 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. 13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. RECEIVED FEB 2 5 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY February 9, 2016 HDI Holdings, LLC c/o Robert Huth 5929 Market Street Wilmington, N.C. 28405 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 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 another qualified party may submit an objection to the issuance of this permit within twenty (20) days. 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 requires 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, Douglas V. Huggett s Major Permits Manager N.C. Division of Coastal Management Nothing Compares" State of North Carolina I Environmental Quality I Costal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DCMCoordinator: HiPermit#: Z-0'"16 MAILING DISTRIB TTION SHEET Agents: i�ii2l i� P rJOE DCM Field Offices Elizabeth City Morehead City Washington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: (with revised work plan drawings) Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler_ Liz Hare enee Gledhill�Earl a i11ialK m (WIRO)) Joey White (WARO) Shane Staples eg odn I�x-gae� 6N Iiv�C-F Patti Fowler annoiz n Je� . OR Mffim Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Wilmington: Joanne St uis — 401 ad Coburn - DEMLR Washington: Scott Vinson-Stormwater . Wilmington: eorgett Scott- .15flaw Wildlife Resources: ' aria Dunn LPO: C042OUnf/k &FRCL1—ZL-Q-�Y" Fax Distribution: Pemritee M . Agent M 0-r- Coats, Heather From: Jeremy Hardison <jeremy.hardison@carolinabeach.org> Sent: Friday, February 05, 2016 9:21 AM To: Coats, Heather Cc: Ed Parvin Subject: FW: HDI Holdings - Pelican Pt Condo Hi Heather, Hope you are doing well. The Pelican Point Attorney has asked us to reevaluate the condition about the encroachments located into the 25' access easement. After consulting with the Town Attorney and reviewing the language in the Conditional Use Permit this remains a private easement dispute. The town would like to rescind the comment below, sorry for any confusion this may have caused. Let me know if you have any questions. The town placed a condition on the Conditional Use Permit approval that if any modifications or encroachments occurred in the easement then the adjacent neighbor (Inland Harbor) would need to agree to the improvements. The plan shows decking located into the easement that the town would not permit without Inland Harbor agreement. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremv.Hard isont7a carolinabeach.or www.carolinabeach.org From: Jeremy Hardison Sent: Thursday, December 03, 2015 2:17 PM To: Coats, Heather (heather.coats@ncdenr.gov) Subject: HDI Holdings - Pelican Pt Condo Hi Heather, Attached is the reply form. I have also attached a recombination plat that was recorded eliminating a property line and showing the 25' easement (Lee's Ln.). This is an access easement serving the adjacent Inland Harbor property and the Pelican Pt property. Below are the comments the Town has in regards to the 25' easement. Inconsistences in the width of the easement according to the plan that was submitted with the application. The town placed a condition on the Conditional Use Permit approval that if any modifications or encroachments occurred in the easement then the adjacent neighbor (Inland Harbor) would need to agree to the improvements. The plan shows decking located into the easement that the town would not permit without Inland Harbor agreement. Let me know if you have any questions. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremy. H ardison(o)carolinabeach. org www.carolinabeach.org DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: HDI Holdings, LLC clo Robert W. Huth COUNTY: New Hanover PROJECT NAME: Pelican Point Condominiums LOCATION OF PROJECT: 402 N. Lake Park Blvd, adj. to CB Yacht Basin /Myrtle Grove Sound, in Carolina Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-26-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs n DISTRICT MANAGER REVIEW: /A Z:— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC D: 11-12-15 ✓ C) To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 * 101-7 END OF NOTICE DATE: 12-3-15 / ADJ. RIP. PROP NOTICES REC'D: 102Z b gK s0 h DEED REC'D: 10 APPLICATION ASSIG D TO: ON: 75 DAY DEADLINE: I 150 DAY DEADLINE: MAIL OUT DATE:11-9-15 STATE DUE DATE: 12-3-15 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative ✓ Coastal Management - LUP Consistency S �` ✓ Division of Community Assistance �� I��1S ✓ Land Quality Section (DEMLR) 11 ( S j >l 1[crt A&c1 4rot Scd_Cr~lrol Division of Water Resources (401) l I �(S ✓ aJ 2 �p .tiT tS'tZc'3 Storm Water Management (DEMLR) bj 4, 7 1 i >i OLC4 to cw a( St'` PC w. r State Property Office 111-Ilk< ✓::j Division of Archives & History Ii f Z315 ✓ Division of Environmental Health 1If23�1S �✓ Division of Highways 11 IS ✓ Wildlife Resources Commission ` N (S ✓CFIVFn Local Permit Office (� 3 1 S 7 ? �ILC ntnl -� (Inlantt Nx+hc< �c Division of Marine Fisheries / DCM j Z Z IS k1� MA Corps of Engineers COrb&f- M H D CITY J I✓ tnc pws- I2`t5li r ✓ t11 ✓ t�_ Recommendations for State Permit— HDI Holdings, LLC (Pelican Point) c/o Robert W. Huth 11/12/2015 The total area of platform and floating dock were calculated as follows: Shoreline length =145 ft. x 8 sq. ft. =1,160 sq. ft. allowable. Proposed partially covered platform = 262 sq. ft. Proposed floating dock = 390 sq. ft. Total = 652 sq. ft. It is the opinion of this office that this proposal would be CONSISTENT with the use standards set forth in 7H .0205 (d) "Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels: structures to prevent erosion: navigation channels: boat docks, marinas, piers, wharfs, and mooring pilings". The proposed excavation of the area around the proposed basin area appears to be CONSISTENT withl5 NCAC 07H.0208 (b)(1). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted. It is the staffs recommendation that the shoreline stabilization along the project site is CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". It appears through on -site visits that the majority of the impacts for these proposed structures along the existing basin would be located along a shoreline currently usurped by dilapidated existing structures. It is the staffs recommendation that the proposed upland development portion of the project site is CONSISTENT with the Rules of 15 NCAC 7H.0209. The applicant has provided legal description of ownership of Lees Lane 25' Right -of -Way and the application states that the applicant is currently in the process with the Town of Carolina Beach on re -combination of the two properties. It is the staffs recommendation that the proposed docking facility is CONSISTENT with the Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule; the USACE AIWW/Town of Carolina Beach pier head line setback requirement and would provide docking space for transient vessels. The proposed structures would encroach into the adjacent riparian corridor setback requirements to the north and south; however, the applicant has received waivers from the adjacent riparian property owners for the encroachment of these proposed structures. Further, the applicant has provided documentation with the permit application that the adjacent property to the north, which is owned by Inland Harbor HOA, Inc. does not have riparian rights that run with the property adjacent to Lees Lane. The provided documents include three recorded easement documents between CB Marina, LLC and Inland Harbor HOA, Inc. (see letter and enclosures dated received by DCM Wilmington on 10/28/2015). This office has no objection to the proposed work, provided it is consistent with all other state, local and federal permitting requirements. If a permit is authorized it should include standard permit conditions for excavation of basins, docking facilities, shoreline stabilization using bulkheads and upland development. RECEIVED NOV 16 2015 DCM- MHD CITY f+- MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Pelican Point Condominiums, New Hanover County Date: January 15, 2016 This project appears to be consisten 'with the Town U sirolin8 each Lan Use Plan. The applicant proposes to develop a new 36 unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks within Myrtle Grove Sound. The project is located at 402 North Lake Park Blvd. in Carolina Beach. Areas of Environmental Concern (AFC's) impacted by the proposal are EW, ES, CW and PT. The Waters at the project site are classified as SB# and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and offer the following comments. The AECs impacted by the work are classified as Conservation. In general, the Town of Carolina Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Carolina Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Carolina Beach Land Use Plan. Cc: File I PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 9. 2015 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coatsanncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _( This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ' Y ` � e,1 5 1 A_�- DATE l (6 15 Nothing Compares.` State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 77699-1601 919-707-8600 RECEIVED DCM WILMINGTON, NC NOV 1 6 2015 I Z Environmental Quality November 9, 2015 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary NOV 0 9 ?015 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(aZlncdenr aciv Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC C/o Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and tykOL tW tbo# ia, Hemy4her Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Ti,;s Tx'J o Apr 1�s o.� o11�r�. I� ,+ cy," l U+— o.trL i� uvs:sr. a -I $e.tlrmerL ca-Are spllet.. -.4 f�prw.aJ�Y 76A-nravJs Ord ntGlS3Kl This agency objects to the project for reasons described in the attached comments. SIGNED DATE �l1eJ �Z� zoos PPCZII,Eii DCM WILMINGTON, NC Nothing Compares. ` NOV 16 2015 State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Environmental Quality November 9, 2015 RECEIVED/NCDENR/D►R MEMORANDUM.' NOV 09 2015 s a Water QualityR TO: Joanne SteertMuis- Operations ectitionnal 401 Wetlands Wilmington Regional Office DWR - WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(cDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican PC Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. C:— REPLY: This agency has no objection to the project as proposed. SIGNED 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 DATE q Nothing Compares% fa j `-:Oaols RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 DEC 16 ?015 Water Resources ENVIRONMENTAL QUALITY December 17, 2015 HDI Holdings, LLC Mr. Robert W. Huth 5929 Market Street Wilmington NC 28405 Subject Property: Pelican Point - Wilmington PAT MCCRORY DONALD R. VAN DER VAART $r. man S. JAY ZIMMERMAN New Hanover County DWR Project: 15-1203 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Huth, Om�c[nr You have our approval, in accordance with the attached conditions and those listed below, to impact 0.002 acres (100 square feet) of 404 wetlands and 0.043 acres (1,884 square feet) of open waters to construct a residential condominium complex with new shoreline stabilization, a new boat basin, and transient docks as described within your application received by the Division on November 18, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: bgp://portal.ncdenr.orgLweb/wg/swp/ws/40 I /certsandMrmits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to subs application package with the appropriate fee. If the property is sold, the net*fW®N, NC DEC 18 2015 State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Centa I Raleigh, North Carolina 27699-1611 919 707 9000 Pelican Point— Wilmington New Hanover County 2015-1203 given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502]. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED DCM WILMINGTON. NC DEC 18 2015 Pelican Point— Wilmington New Hanover County 2015-1203 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-03e8. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htto•//aortal ncdenr ore/web/wa/swo/ws/401/certsandt)ernits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hqp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED DCM WILMINGTON,NC DEC 18 Z015 Pelican Point— Wilmington New Hanover County 2015-1203 r The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 91.0.796.7379 or Chad.Coburnanodem.gov. Sincerely, Jim Gre �onal Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Charles Poindexter — 7923 Reunion Road, Wilmington, NC 28411 Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO DCM RECEIVED ON, NC DEC 18 2015 r Water Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY DONALD R. VAN DER VAART }'nv;ean S. JAY ZIMMERMAN (l,R'tY01' 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agents Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: RECEIVED DCM WILMINGTON, NC State of North Carolina I Favvoomental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 DEC 18 2015 r •� t RECEIVED DCM WILMINGTON, NC DEC 18 2015 4TL PAT MCCRORY Governor DONALD R. VAN DER VAART Se tary Environmental Quality November 9, 2015 MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(o).ncdenr.4ov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c/o Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE LA&0// > Nothing ComparesDCM WILMINGTON, NC %_ State of North Carolina I Environmental Quality DEC 16 2015. 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 EnvironmentalQuality November 9, 2015 MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory ECEIVE "1 19 2111 BY:_ FROM: Heather Coats, Assistant Major Permits Coordinator 1 NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(cilncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. / This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Ji-es1<� &ZDATE r i //� / n_ ,�- T,ReCBTVe Nothing Compares? ., JAN 0 4 2016 State of North Carolina I Environmental Quality 1601 Mail Servim Center I Raleigh, North Carolina 27699-1601 DC M 919-707-ff" NU'i 17 2G15 7vember 9. 2015 PAT MCCRORY Gtwunar LD R. VAN DER VAART Seri _y t5� l 2632 EMQRANDUM' Renee Gledhill -Earl ro " y Dept. of Cultural Resources Archives & History ROM Heather Coats. Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 heather.coatsC7a ncdenr.gov Fax: 395-3964 (Courier 04-16-33) UBJECT: CAMA / Dredge & Fill Application Review pplicant: HD/ Holdings, LLC c/o Robert W. Huth (Pelican Pt. Condominium) roject Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound. in Carolina Beach, New Hanover County roposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization. new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and etum this form to Heather Coats at the address above by December 3, 2015. If you ave any questions regarding the proposed project, contact Robb Mairs at (910)796 7423 hen appropriate. in-depth comments with supporting data is requested. EPLY: _ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED _ —DATE l%'c70'I5-- _ RECEIVED (((JJJ C�rvvttImiNGTON, NC -^�"NothingCompares-,., NOV 2 3 2015 Shea of North CroWu I Emvonm n"CHW9Y 1w1Md Lrvkt Cents I Ge1ei9h.N0rMCnd41276I91W1 NOV 1 8 2015 919 - M7 OW NA PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 9, 2015 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(c),ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. rar Aaf-e I A: �/V, u /(." — SIGNED 224 DATE %%—1 Z' 1 5 �i RECEIVED Nothing Compares_ State of North Carolina I Environmental Quality NOV 2 3 2015 1601 Mail Service Center I Raleigh, North Carolina 27699 1601 919-707-8600 DCM- MHD CITY N PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Environmental Quality November 9, 2015 DISTRICT 3 MEMORANDUM: tcly 1 2 2015 TO: Anthony Law RECEIVED NCDOT (BR/NH) 300 Division Dr. Wilmington, NC 28401 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsCa)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: V/ 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 G DATE RECEIVED Nothing Compares- DCM WILMINGTON, NC State of North Carolina I Environmental Quality NOV 3 0 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 drt- Environmental Quality November 9, 2015 MEMORANDUM: I Eel e. is, I I- 1:3 O'3 Maria Dunn NCWRC For WiRO PAT MCCRORY Govemw DONALD R. VAN DER VAART Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather.coats@ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED fVL , i \ DATE li-3�-S=) I �- RECEIVED Nothing Compares% .` DCM WILMINGTON, NC State of North Carolina I Environmental Quality DEC 0 4 2015 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-86M PAT MCCRORY Mill-InOovemor DONALD R. VAN DER VAART Secretary Environmental Quality November 9, 2015 MEMORANDUM: TO: Jeremy Hardison LPO Carolina Beach Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsapncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Hobert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. JThis agency approves of the project only if the recommended changes are incorporated. See attached. e -+tiw\�\ , This agency objects to the project for reasons described in the attached comments. RECEIVED DCM WILMINGTON, INC SIGNED DATE 131M\5or e nn15 Coats, Heather From: Jeremy Hardison<jeremy.hardison@carolinabeach.org> Sent: Thursday, December 03, 2015 2:18 PM To: Coats, Heather Subject: HDI Holdings - Pelican Pt Condo Attachments: 88180619RECOMB.PDF; 20151203135936237.pdf Hi Heather, Attached is the reply form. I have also attached a recombination plat that was recorded eliminating a property line and showing the 25' easement (Lee's Ln.). This is an access easement serving the adjacent Inland Harbor property and the Pelican Pt property. Below are the comments the Town has in regards to the 25' easement. - Inconsistences in the width of the easement according to the plan that was submitted with the application. - The town placed a condition on the Conditional Use Permit approval that if any modifications or encroachments occurred in the easement then the adjacent neighbor (Inland Harbor) would need to agree to the improvements. The plan shows decking located into the easement that the town would not permit without Inland Harbor agreement. Let me know if you have any questions. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremv.Hardison &carolinabeach.or www.carolinabeach.org DCM W M N TON, NC DEC 0 8 2015 r. PRELIMINARY - NOT FOR SALES CONVEYANCE OR RECORDING I I I I I I Y II E ± 5 I o I u.nw I I I I I i I I I I I I I I 1 I a"AIT T� � ' I 1 I I .. m u a�i.nm II I I I iawwar°er _ yl sr.-r..-�r I 9 au� n r I 1 1 �.1P5 Fr86dZ _ — _ — —rW _ _ — _ NORM U PARK WCLLVARO W ' ----- you •"'`� --- RECEIVED N HDI HOLDINGS, LLC DEC 0 S 2015 rAK.....wA.��. w.,r,w mow. nwb u PRELIMINARY - NOT FOR z.u. r . m wrr. w2rta a xre SALE$ CONVEYANCE OR RECORDNG t Coats, Heather From: Jeremy Hardison<jeremy.hardison@carolinabeach.org> Sent: Friday, January 16, 2016 2:10 PM To: Coats, Heather Subject: CB comments Heather, Fed. Pt Yacht Club — I am okay with the proposed pier being utilized for transient water craft. Pelican Point —The decking and walkway located uplands in the access easement should be removed or have the adjacent owners (Inland harbor) sign off on the project. I am okay with the development over the water. Brian said that we will issue the storm water permit,but he will conduct a joint review with the state. Let me know if you need anything else or further clarification. Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremv. HardisonOcarolinabeach.o www.carolinabeach.org Environmental Quality November 9, 2015 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory MEMORANDUM: TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coatsancdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c/o Robert W. Huth (Pelican Pt Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECi_ iVEL, This agency has no comment on the proposed project. DCM WILMINGTON, NC X_ This agency approves of the project only if the recommended changes 0 2 2015 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ��DATE /z � 1.2 Nothing Compares State of North Carolina I Environmental Quality NOV 16 2015 1601 Mall Service Center I Raleigh, North Carolina 77699-I601 919-707-Sow DCM- MHD Cd3'Y Environmental Quality MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: HDI Holdings LLC DATE: 12/2/2015 PAT MCCRORY Goverrror DONALD R, VAN DER VAART Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to develop a condominium complex, new shoreline stabilization, dredge a boat basin and construct a three slip transient dock. The surrounding waters are classified as primary recreation (SB#), are closed to shellfish harvest by the NC Division of Marine Fisheries, and contain coastal wetlands. The site is located within an existing multiuse maintained basin of Myrtle Grove Sound. Though the area is highly developed and within an existing basin, many estuarine species utilize the shallow soft bottom habitat. A moratorium on in water work, to include dredging, from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. The proposed three slips are within a closed shellfish harvest area. If the NC DMF Shellfish Sanitation Section determines that the addition of these slips increases the shellfish closure, then I object to any number of slips that would result in the additional closure of shellfish harvest grounds. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or grega.bodnarpncdenr.gov with further questions or concerns. �i"Nothing Compares% Slate of North Carolina I Environmental Quality 1631 Mail Service Center I Raleigh, North Carolina 27699.1601 919-707-8600 0-t- PAT MCCRORY t,a Govemor DONALD R. VAN DER VAART Secretary Environmental Quality !� November 9, 2015 MEMORANDUM: pU NOV Q 9 1015`5� Oivieron of TO: Stee West OUreft Environmental Engineer wino.p b t S4' Public Water Supply FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 heather. coats(cD_ncdenr.pov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: HDI Holdings, LLC c% Robert W. Huth (Pelican Pt. Condominium) Project Location: 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin and Myrtle Grove Sound, in Carolina Beach, New Hanover County Proposed Project: to develop a new 36-unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 3, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED0 C� DATE a g l ao s RECEIVED Nothing Compares DCM WILMINGTON, NC State of North Carolina I Environmental Quality )FC y 5 2�15 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-86W January 15, 2016 Regulatory Division Action ID No. SAW-2015-02426 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Robert W. Huth of HDI Holdings, LLC to replace an existing failing bulkhead, construct a dock, and perform new dredging associated with a proposed residential development known as Pelican Point Condominiums. This project is located at 402 N Lake Park Boulevard, in Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.037625 N and-77.893786 W. The applicant proposes to remove the existing, failing bulkhead and excavate the area water ward of the new bulkhead (approximately 75-feet long X 20-feet wide to a depth of -5 feet at mean low water for a boat basin, resulting in approximately 211 cubic yards of dredged material. This material would be placed on high ground and utilized onsite once de -watered. The project site is located directly adjacent and within close proximity to the Corps Federal channel setback. Additionally, the project consists of constructing a four story, 36-unit condominium complex with amenities including parking, a pool area, an uncovered wooden deck, and a new access pier, which measures 20-feet long X 6-feet wide, and would extend from the northernmost end of the property off of the new bulkhead into Myrtle Grove Sound. The pier would terminate onto a partially covered fixed platform, approximately 32-feet long X 5 to 10-feet wide. Additional features include a 65-foot long X 6-foot wide floating dock, accessed by a ramp from the southern portion of the property, and would run parallel to the new bulkhead. 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 a orization: eceived JAN 1.6 1016 DCM IPA 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammat/manatee guidelines.ndf. 2. No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous xa waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 12. 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. 13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation: m .'m Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division -5- 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debbie Wilson Division of Coastal management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Electronic copy furnished: Ms. Heather Coats, NC DEQ-DCM Mr. Chad Coburn, NC DEQ-DWR Mr. Rob Mairs, NC DEQ-DCM PAT MCCRORY Ga mor DONALD R. VAN DER VAART Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY February 3, 2016 Robert W. Huth HDI Holdings LLC 5929 Market Street Wilmington, NC 28405 Subject. Request for State Stormwater Management Permit Application Pelican Point New Hanover County Dear Mr. Huth: &ec berry TRACY DAVIS Director On November 9, 2015, the Wilmington Regional Office received notification that the subject proposed project has triggered a review for the applicability of the stormwater rules under one of the following: 1. The project will contain more than 10,000 square feet of new built -upon area; 2. The project is part of a larger common plan of development; 3. The project requires approval of a Sediment and Erosion Control Plan; or, 4. The project requires a CAMA Major Permit. The North Carolina Administrative Code requires any project that proposes more than 10,000 square feet of new built -upon area, or is part of a larger common plan of development, or that must receive Sedimentation and Erosion Control Plan approval for the disturbance of more than 1 acre, or that must receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit from the Division of Energy, Mineral and Land Resources. Please understand that the NPDES 010000 Federal Construction Stormwater Permit that is issued with the Erosion Control Plan approval letter is NOT the same as a Coastal Stormwater Management Permit. Any construction on the subject site, prior to receipt of the required Coastal Stormwater permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Therefore, please submit either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date, to this Office no later than April 9, 2016. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. If the project is located within the jurisdiction of any local government holding an NPDES post -construction stormwater permit issued by the Division of Energy, Mineral and Land Resources, please contact that unit of local government for information on submitting the stormwater application to them. If you have any questions, please call Christine Hall at (910)-796-7335. RECEIVED Sincerely, FEB 10 2016 �s` CITY 7«Tracy Da P.E., Director pCM_ ME 1D Division of Energy, Mineral and Land Resources GDS/canh: G:1WQ\SharedlStormwaterlPermits & Projects\StormSubsldoc 2016 stormsub_NH_Pelican Point oc: New Hanover County Building Inspections Division of Coastal Management Wilmington Regional Office Stormwater File State of North Catolma I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1910 350 2004 F I bft flporW=dmr ore/hod DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 15, 2016 Regulatory Division Action ID No. SAW-2015-02426 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Robert W. Huth of HDI Holdings, LLC to replace an existing failing bulkhead, construct a dock, and perform new dredging associated with a proposed residential development known as Pelican Point Condominiums. This project is located at 402 N Lake Park Boulevard, in Carolina Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.037625 N and-77.893786 W. The applicant proposes to remove the existing, failing bulkhead and excavate the area water ward of the new bulkhead (approximately 75-feet long X 20-feet wide to a depth of -5 feet at mean low water for a boat basin, resulting in approximately 211 cubic yards of dredged material. This material would be placed on high ground and utilized onsite once de -watered. The project site is located directly adjacent and within close proximity to the Corps Federal channel setback. Additionally, the project consists of constructing a four story, 36-unit condominium complex with amenities including parking, a pool area, an uncovered wooden deck, and a new access pier, which measures 20-feet long X 6-feet wide, and would extend from the northernmost end of the property off of the new bulkhead into Myrtle Grove Sound. The pier would terminate onto a partially covered fixed platform, approximately 32-feet long X 5 to 10-feet wide. Additional features include a 65-foot long X 6-foot wide floating dock, accessed by a ramp from the southern portion of the property, and would run parallel to the new bulkhead. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. RECEIVED JAN 21 Z016 DCM- MHD CITY -2- We recommend that the following conditions be included in the State authorization: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htW:://www.fws.gov/nc-es/mammal/manateeguidelinespdf. 2. No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. RECEIVED JAN 21 Z016 DCM- MHD CITY -3- 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District. Engineer who will initiate the required coordination procedures. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 12. 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 orless 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. 13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED JAN 21 2016 DCM- MHD CITY -4- 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, )4�� Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 RECEIVED JAN 21 2016 DCM- MHD CITY -5- Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debbie Wilson Division of Coastal management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JAN 21 2016 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT rz- APPLICANT'S NAME: HDI Holdings, LLC c/o Robert W. Huth PROJECT NAME: Pelican Point Condominiums 2. LOCATION OF PROJECT SITE: 402 North Lake Park Blvd., located on Pleasure Island, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in Carolina Beach, New Hanover Co. Photo Index - 2006: 21-7377, 6, S-T 2000: 21-257, 7, S-T 1995: 21-239, R-S,18 State Plane Coordinates - X:2335566 Y:106679 Latitude:34°02'16.57"N Longitude:77°53'33.03"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/5/2015 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received-10126/2015 (Completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Carolina Beach Land Classification From LUP- Developed (highground), Conservation (open water) (B) AEC(s) Involved: EW/ES/PT/CW Water Dependent: Yes (D) Intended Use: Private/Commercial (E) Wastewater Treatment: Existing - Municipal sewer (F) Type of Structures: Existing — Dilapidated timber bulkhead Planned - 36-unit condominium complex, new bulkhead, transient docks (G) Estimated Annual Rate of Erosion: 1' per year Source — On -site observation 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal wetlands) 100 sq. ft. (B) Non -Vegetated Wetlands (Open water) 1,500 sq. ft. 384 sq. ft. 772 sq. ft. Incorporated) (C) Other- High ground disturbance 1,800 sq. ft. 38,900 sq. ft. (D) Total Area Disturbed: 43,456 sq. ft. (0.99 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No PROJECT SUMMARY: The applicant proposes to develop a new 36 unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks within Myrtle Grove Sound. RECEIVED NOV 16 2015 DCM- MHD CITY HDI Holdings, LLC (Pelican Point) c/o Robert W. Huth Page 2 t1L 9. The project is located at 402 N. Lake Park Blvd., adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town of Carolina Beach, New Hanover Co. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington to Carolina Beach south on College Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge on N. Lake Park Blvd. for approximately 1.2 miles south until you reach the comer of Saint Joseph's Street and N. Lake Park Blvd. Turn left onto Saint Joseph's Street and the project site will be immediately on the right, just before Lees Lane. The applicant currently maintains the approximately 0.98 acre tract, which is currently undeveloped with elevations ranging from S to 10' above normal high water (NHW). The project site is bordered by unimproved Lees Lane 25' Right -of -Way and Inland Harbour condominiums to the north. The project site is also bordered by a residential property to the south. The application states that the owner is currently in the process of re -combination of the property and the 25' Right -of -Way. A failed timber bulkhead and small concrete rubble exists along the approximately 145' of angled shoreline along the Carolina Beach Yacht Basin. It appears that failure to maintain the bulkhead has allowed upland vegetation and coastal wetlands to volunteer on the landward side of the most northern end of the timber bulkhead, consisting primarily of Smooth Cordgrass (Spartina altemitlora). The shoreline along Lees Lane is stabilized by vegetation consisting of Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spatina aftern flora) in an area approximately 20' in width. Vegetation associated with the high ground portion of project consists primarily of wild grasses, Wax Myrtle, Live Oak and Magnolia trees. The Town of Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the Carolina Beach Yacht Basin are classified SB# by the Division of Water Resources. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. There may be submerged land claims in the project area. The applicant proposes to develop a new 36 unit condominium complex with associated amenities, new shoreline stabilization, new boat basin and transient docks within Myrtle Grove Sound. The application states that the existing failing timber bulkhead would be removed and a new approximately 91 linear foot (LF) bulkhead would be constructed, which would straighten the alignment along the shoreline. This would result in locating a portion of the new bulkhead (32 LF) ranging from approximately 2' to 12' waterward of mean high water (MHW) and the remaining 48 LF would be constructed above MHW. Once constructed, the applicant also proposes to excavate the area waterward of the new bulkhead in an area of approximately 75' in length by 20' in width to a final project depth of -5' @ mean low water (MLW) for a boat basin, which would result in the removal of approximately 211 cubic yards (CY) of shallow bottom and upland material. The application states the material would be mechanically removed and placed onto the highground of the project area outside of the 30' Coastal Shoreline buffer and stabilized by sift fencing. The application also states that once de -watered, the material would be utilized on -site. A new access pier, measuring approximately 20' in length by 6' in width would extend from the most northern end of the property off the new bulkhead into Myrtle Grove Sound. The pier would then terminate onto a partially covered fixed platform, measuring approximately 32' in length and would range from approximately 5' to 10' in width. An access ramp would lead from the southern side most landward end of the access pier onto a floating dock, measuring approximately 65' in length by 6' in width, which would run parallel to the new bulkhead. The application states that the structures would be designated as transient slips use only. The applicant also proposes a 6' in width elevated walkway along the landward side of the new bulkhead, which would tie into the access pier to the docking facility and the uncovered decking associated with the following proposed upland development. The applicant proposes to develop a new 36 unit condominium complex with associated amenities. A new four story building approximately 150' in length by 65' in width by approximately 55' in height would be constructed with associated parking area on the western end of the property. The applicant also proposes improvement of Lees Lane 25' Right -of -Way by paving an area of approximately 270' in length by 25' in width to accommodate the new condominium and also the existing Inland Harbor Condominium located to the north of Lees Lane and the new development. The application states th ylpppf„ji �yq�r (y jry�ha process of combining the two properties (re -platted and recorded) through the Town of Carolina Bea CGll�r C 1 �/ � u NOV 16 2015 DCM- MHD CITY HDI Holdings, LLC (Pelican Point) c/o Robert W. Huth Page 3 M 10. The applicant also proposes to provide amenities on the eastern end of the new building, which includes a pool area and uncovered wooden decking. The proposed uncovered wooden decking and the access pier on the highground portion of the project area appear to be located within the 25' Right -of -Way (See Sheet C2 and Project Narrative). The proposed excavation for the proposed boat basin would impact approximately 1,500 sq. ft. of shallow bottom and highground area on the landward side of the failed timber bulkhead. The proposed excavation would incorporate 100 sq. ft. of Coastal Wetlands that primarily consist of Smooth Cordgrass (Spartina alters flora) and Salt Meadow Hay (Spartina patens), which appears to have colonized on the landward side of the existing failed timber bulkhead due to the lack of maintenance. This would also result in the removal of approximately 211 CY of material, which would be placed on the highground area on the project site, in an area of approximately 1,500 sq. ft. The proposed new bulkhead would incorporate approximately 384 sq. ft. of Estuarine Waters and Public Trust Area in the area landward of the dilapidated wooden bulkhead. The remaining proposed bulkhead would be located landward of MHW. The bulkhead would disturb approximately 1,800 sq. ft. of highground for the associated backfill and tie -back anchor system. The proposed structures would incorporate approximately 772 sq. ft., partially of newly created Estuarine Waters and Public Trust Area. As proposed in the application, the proposed docking structures would accommodate three (3) transient vessels. The proposed pier and dock would not exceed the Town of Carolina Beach historical pier head line nor the setback from the USACE AIWW. The proposed structures would encroach into the adjacent 15' riparian corridor setback requirement to the north and south; however, the applicant has received waivers from the adjacent riparian property owners for the encroachment of these proposed structures (Island Marina Enterprises, LLC to the north and Greeson to the south). The proposed upland development for the 36-unit condominium, associated parking areas and Lees Lane improvements would disturb approximately 38,900 sq. ft. (0.893 acres) of highground, of which approximately 20.3% would be covered by built upon area within the 75' Coastal Shoreline AEC. It appears the only structures that would encroach into the 30' Coastal Shoreline buffer would be the uncovered decking associated with the pool area, which does not exceed 200 sq. ft. and the 6' in width wooden access walkways. The proposed uncovered wooden decking and the access pier located on the highground portion of the project area appear to be located within the 25' Right -of -Way. There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak biological activity, no long-term adverse impacts are anticipated. RECEIVED Nov 16 2015 DCM- MHD CITY Submitted by. Robb Mairs Date: 11/12/2015 Office: Wilmington 0 Revised Narrative for LAMA Application (11/10/15) Pelican Point is a small -space living project proposed for the vacant property located at 402 N. Lake Park Blvd in Carolina Beach, North Carolina 28428. The project will consist of 36 condo units located in one building. The building will be four levels on pilings (nine units on each level). Pelican Point offers two condo unit sizes. There are 28 units that are approx. 500 square feet with an 8' x 28' outdoor deck and water views. There are 8 waterfront units that are approx. 650 square feet with an 8' x 24' deck. Each level will consist of seven smaller units and two larger units. All condo units will be one bedroom and one bathroom. The building will be equipped with a commercial elevator and fire sprinkler system throughout. Residents will also he able to enjoy a water front pool area and 65' day dock with a pier leading to a gazebo over the water. The owner of 402 N. Lake Park Blvd. owns the 25' Access Easement on the north side of the property. These two parcels are currently in the process of being combined (re -platted and recorded). Improvements (paving, grass, etc.) will be made to this easement as shown on the site plan. The construction consists of removing the dilapidated bulk head and replacing with a new bulkhead that straightens the shoreline. Once the new bulkhead is constructed, excavation will be done to accommodate a transient floating day dock that will be used by Pelican Point residents only. The gazebo will also be for Pelican Point residents only. The existing wetlands on the lot appear to be from lack of maintenance of the bulkhead It also appears the coastal wetlands have volunteered in the area near the old bulkhead are not significant. This project will have approximately 20.3% of development in the AEC. RECEIVED RECEIVED DCM WILMINGTON, NC NOV 16 M15 NOV 12 2015 DCM- MHD CITY \� \. Ak PROGRESS DRAWING FOR REVIEW ONLY Z S ' � eean.l (m.r) x RECEIVE \ -- NOV 16 2015 CM- MHD I iiiiiiiiii�ii�u■iiiiiiiiii�iiiiiiiii� iii■iiiiiiiiiiiiii��� ss M I 6,. ki—.j Srafr 1. �_ I yZ ✓pvxvn'�, vrwerr /_ _XOR9W u.¢' PAFX Biro GRAPHIFILCG I\rEfp 20, GTON, N '-x PELICAN POINT ^�^ m.r s 'tee HONEYCUTT ENGINEERING CAMA SITE PLAN R. �+"e¢e FIRM NO, F-0449 HIDDEN VALLEY ROAD 402 N LAKE PARK BLVD. owa xa. o.m WILMINGTON, NC 28409 C2 en.ps 910-350-0631 CAROLINA BEACH, NC r+� ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to H DZ HOldi na s LLL 's (Na a of Pro rty'Owner) property located at y02 N . l C�� �} CL1(K $ I V T (Address, Lo Block, Road on My (11t 1IN SC1Und in r x�j . (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above to lion. I have no objection to this proposal I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) iZerno\ic, old, cWapid(A.-} d autKhead av1a b6iW )� 1 l I U. u 5/ cActq cA c -K- l LS, W 1de-� - &\1 CA a wCAAr—W L.i -1 U dam cQ(Xt ` n4yy a Z)"Zabc on rioY4-h side, WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank be ow j Ct 1 V E D % 1 do wish to waive the 15' setback requirement. DCM WILMINGTON, NC I do not wish to waive the 15' setback requirement. O C T 2 7 2015 Signature Robe + W . HQ-Hh Print or Type Name J92A Mbkyut ' -iw Cf' Mailing Address Wt1v'^1�t NC.28�{DS City/State/Zip J 91in-1gG-U9 Telephone Number/email address )0/21 /20IS Dare *Valid for one calendar year after signature* (Adjacent Property Owner Information) Si nalure* n 1� a=me on RECEIVE Print or Type ame Llix) IN.L[aYl F-nvE.&yd Mailing Address N O v C avnitrlf7� �CtCCk, NC2�42 Ci / tate/Zi tY 331b�214-51(.01 LiCM- Telephone Number/email address Date * (Revised Aug. 2014) 16 2015 MHD CIl td.c. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to HD-L 4AoldtnQs , LLC. 's Wame,of Property Owner) property located at on dresn, L 1��Block,1�ri eCtQ -h N.C. (Waterbody) (Cityrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. L Y9 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) -' e4tMNe. o►d,dila-f do-ted WIV-kiMcl a4ld build 0- new S-trct(6 h-v- but l'-mead. - Build a U51CIn„ Ciocic-(U'w►aC�' guild a wca'tuzii.y -to ck,�y doer- ru �'lp u a 9a ° 0n noYA)A side . (See aACA C,heci (VAU0I WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) ._CEI VED D� 1 do wish to waive the 15' setback requirement. - J.i WILMINGTON, NC I do not wish to waive the 15' setback requirement. NOV O 3 2015 Information) Signature t Prnf or Type Name 592Q MAv lc t.+ S-'Nc�+ Mailing Address WtlmmmnC-iru,r Q4ty Stata—lzip J Oil C--199-U9CX) Telephone Number/email address l0/ZI 12UK Date (Adjacent Property Owner Information) Z4WZ 'eJ Signature Dtlr1\S 13fuib004*=Stand Navtr� Print or T pe Name I �t1iCYp- �Zo V -so^1PJ0r1 c f ree t Ma'''ngidda Eark,n4czgy2JiECEIVED Ci4vstatelzip q10 • u-►o - 50u 1 NOV 16 2015 Telephone Numberl email address IO z z/ tots Date• � - CM- MHD CIT (Revised Aug. 2014) 'Valid for one calendar year after signature' 12. rood Nerh(jol � CO110. ¢wo s� SUEXN Ap EXIST. PUTT. IS• N Q a> Bn¢ T�� Li BA9N I �' cn IT1 RECEIVED _ DCM WILMINGTON, NC v o < 0 Gn 0 NOV 0 3 2015 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 1 o 1201 15 Name of Property Owner Applying for Permit: 4AZ)T !-4nlr�► c , LUC Mailing Address: 59 N MGLJ( + S}reet- W*PAI� 1 certify that have authorized (agent) Wailes les PdlY)dex+ei to act on m Y behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) ,?el I) (CIO ��3(.Q OIV*' CL � Nu at (my property located at) LK)2 N LDY-LPay-IL FjI�IG(, (;civil )VA- Bt-ucR� NC ZgL 2- This certification is valid thru (date) 12131 . 1(.P Property Owner Signature Date RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 262015 II I i II II II IIIII IIIII IIIII IIIII IIIII IIIII IIIII I I II 2013004576 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 FEB 07 04:24:50 PM BK:5710 PG:801-804 FEE:$26.00 NC REV STANP:$1,046.00 INN UP1EF # 33LINK6 NORTH CAROLI(NA SPECIAL WARRANTY DEED Excise Tax: S 104 jp,`CID -nL. Recording Time, Book and Page NORTH CAROLINA Return to NEW HANOVER COUNTY Hugh M. Currin, Jr. Shipman & Wright, LLP Tax Map No. R08818-006-019-000 910-762-4Wel Identifier No. See "Exhibit A" Mail after recording to: HDI Holdings, LLC, 5929 Market Street, Wilmington, North Carolina 28405 This instrument was prepared by: Lincoln Derr, PLLC, 6000 Fairview Road, Suite 655, Charlotte NC 28210. THE PREPARER DRAFTED THE DEED IN THIS TRANSACTION BUT NO TITLE SEARCH WAS REQUESTED AND NO TITLE SEARCH HAS BEEN PERFORMED. THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY OR THE ACCURACY OR COMPLETENESS OF THE LEGAL DESCRIPTION. THIS DEED made this day of 2 0 13 by and between Cel •.7i►gICi7:7 Park Sterling Bank Mailine Address: 1043 East Morehead, Suite 201 Charlotte, North Carolina 28204 GRANTEE HDI Holdings, LLC Mailing Address: 5929 Market Street Wilmington, North Carolina 2840REC NOV 0 NED i 2015 The designation Grantor and Grantee as used herein shall include said parties, their heirs, su0J@ih&MHD CITY and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 W WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Carolina Beach, New Hanover County, North Carolina, and more particularly described as follows: The real property commonly known as 402 North Lake Park Blvd., Carolina Beach, NC 28428 and as more particularly described in Exhibit A, which is attached to and incorporated in this Special Warranty Deed. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, and its heirs, successors, and assigns, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property bereinabove described is hereby conveyed subject to all valid and subsisting restrictions, reservations, covenants, conditions, rights of ways and easements properly of record, if any, and current year ad valorem taxes and for subsequent years, and existing liens, in addition to all local, county, state and federal laws and regulations relative to zoning, occupancy, subdivision, usage, construction and development of the described property. IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the day and year first above written. Park terling B B� c Y, Sv' (SEAL) Jamei Ashcroft, Senior ice President NORTH CAROLINA MECKLENBURG COUNTY I, certify that the following person personally appeared before me this day, each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: James M. Ashcroft, Senior Vice President of Park Sterling Bank. Witness my hand and official stamp or seal, this the l ��l` day ofqjp201 My Commission Expires: Notary Public SHARON K. CARNES NOTARY PUBLIC Union County. North Carolina My Commission Expires December 1, 2015 Print Notary Name: Sa4e()c 1 C�?QiJCS RECEIVED NOV 16 2015 RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 DCM- MHD CITY OzZ Ll EXHHHT"A" BEING ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING IN THETOWN OF CAROLINA BEACH, NEW HANOVER COUNTY, NORTH CAROLINA AND BEING BOUND ON THE NORTH BY LEES LANE A 25' PRIVATE EASEMENT FOR INGRESS AND EGRESS AS REFERENCED INDEED BOOK 376 AT PAGE 89 RECORDED IN NEW HANOVER COUNTY REGISTRY. BEING BOUND ON THE EAST BY MYRTLE GROVE SOUND. BOUND ON THE SOUTH BY (NOW OR FORMERLY) MICHAEL E. BRITT, SR. AS RECORDED IN SAID REGISTRY IN DEED BOOK 1861 AT PAGE 386 AND (NOW OR FORMERLY) HOLIDAY DELTA, INC. AS RECORDED IN SAID REGISTRY INDEED BOOK 3722 AT PAGE 221. BOUND ON THE WEST BY NORTH LAKE PARK BOULEVARD, A PUBLIC RIGHT OF WAY OF VARYING WIDTH AND BEING MORE PARTICULARLY DESCRMIM AS FOLLOWS: COMMENCING AT AN EXISTING MON PIPE ON THE EASTERN RIGHT OF WAY LINE OF SAINT JOSEPH STREET, A 60' PUBWC RIGHT OF WAY, SAID EXISTING IRON PIPE BEING THE NORTHWEST CORNER OF (NOW OR FORMERLY) INLAND HARBOUR HOMEOWNERS ASSOCIATION AS RECORDED IN THE NEW HANOVER COUNTY REGISTRY IN DEED BOOK4199 AT PAGE 647. THENCE WITH THE EASTERN RIGHT OF WAY LINE OF SAINT JOSEPH STREET SOUTH 01 DEGREES 39 MINUTES IS SECONDS WEST 91.95 FEET TO THE POINT OF INTERSECTION OF THE EASTERN RIGHT OF WAY LINE OF SAINT JOSEPH STREET AND NORTH LAKE PARK BOULEVARD WITH THE NORTH LINE OF LEES LANE, A 251 EASEMENT FOR INGRESS, EGRESS AND REGRESS AS RECORDED IN SAID REGISTRY IN DEED 13GGK 376 AT PAGE 89. THENCE CONTINUING WITfI SAD) EASTERN RIGHT OF WAY LINE SOUTH 01 DEGREES 39 MINUTES 18 SECONDS WEST 25.00 FEET TO AN EXISTING IRON PIPE, THE POINT OF BEGINNING. THENCE LEAVING SAID EASTERN RIGHT OF WAY LINE AND RUNNING WITH THE SOUTHERN LINE OF SAID LEES LANE SOUTH 88 DEGREES 36MINUTES 54 SECONDS EAST 364.69 FEET TO A NEW IRON PIPE SET. THENCE CONTINUING WITH SAID SOUTHERN LINE SOUTH 88 DEGREES 36 MINUM 54 SECONDS EAST 6030 FEET TO A POINT IN MYRTLE GROVE SOUND. THENCE CONTINUING IN MYRTLE GROVE SOUND, SOUTH 19 DEGREES 14 MINUTES 36 SECONDS WEST 94.01 FEET TO A POINT, SAID POINT BEING THE COMMON CORNER WITH (NOW OR FORMERLY) MICHAEL E. BRITT, SR. AS RECORDED IN SAID REGISTRY IN DEED BOOK 1961 AT PAGE 386. THENCE WEAR TILE COMMON LINE WITH SAID (NOW OR FORMERLY) MICHAEL E. BRITT, SR. NORTH 88 DEGREES 36 MINUTES 54 SECONDS WEST 40.92 FEET TO A P.K. NAIL SET IN TOP OF EXISTING BULKHEAD. THENCE CONTINUING WITH SAID COMMON PROPERTY LINE NORTH 88 DEGREES 36 MINUTES 54 SECONDS WEST 234A8 FEET TO AN EXISTING MON PIPE, SAID EXISTING IRON PIPE BEING THE COMMON NORTHERN CORNER OF SAID (NOW OR FORMERLY) MICHAEL E. BRITT, SIL AND (NOW OR FORMERLY) HOLIDAY DELTA, INC. AS RECORDED IN SAID REGISTRY IN DEED BOOK 3782 AT PAGE 221. THENCE WITH THE COMMON PROPERTY LINE WITH SAID (NOW OR FORMERLY) HOLIDAY DELTA, INC. NORTH 88 DEGREES 36 MINUTES S4 SECONDS WEST 124.76 FEET TO AN EXISTING IRON PIPE ON THE EASTERN RIGHT OF WAY LINE OF NORTH LAKE PARK BOULEVARD. THENCE LEAVING SAID COMMON PROPERTY LINE AND RUNNING WITH THE EASTERN RIGHT OF WAY LINE OF NORTH LAKE PARK BOULEVARD, A PUBLIC RIGHT OF WAY OF VARYING WIDTH, NORTH 01 DEGREES 46 MINUTES 37 SECONDS EAST 80.02 FEET TO THE POINT OF BEGINNING CONTAINING 37,999 +/-SQUARE FEET AND BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN SAID REGISTRY IN DEED BOOK 376 AT PAGE 89. TOCETHER WITH 2V RIGHT OF WAY OR EASEMENT OVER LEES LANE AS DESCRIBED gEREINABOVE AIVp BEING MORE PARTICULARLY DESCRIBED IN INSTRUMENT RECORDED IN DEED BOOK 376 A ! PAGE 89 RECORDED IN THE NEW HANOVER COUNTY REGISTRY FOR INGRESS, EGRESS AND REGRESS BETWEEN NORTH LAKE PARK BOULEVARD AND MYRTLE GROVESOUND. RECEIVED NOV 16 Z015 RECEIVED DCM WILMINGTON, NC DCM- MHD CITY OCT 2 6 2015 00TY G1 0 FA XF�T�SH�,Iy, i TAMMY THEUSCH BEASLEY REGISTER,OF DEEDS, NEW HANOVER 21 NORTH SECOND STREET jj,� WILMINGTON, NC 28401 Filed For Registratia : 02/07/2013 04:24:60 PM Book !: REJ 5710 Page: 801-804 Document No.; 201J3004576 4 PGS $26.00 NC REAL ESTATE EXCISE TA $1,646.00 Recorder: HUGHLEY, CAROL State of North Carolina, Country of New I PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2013 0 0 4 576 I 2013004576 RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC 0 C T 2 6 2015 RETURN TO aimy y11, Parcel Identifier BK: RB 5925 PG-1738-1741 RECORDED'. 2015031912 NC FEE $26.00 10-16-2015 NEW HANOVER COUNTY, NC 11:40:12 AM TAMMY THEUSCH BEASLEY By CAROLYN JOHNSON REGISTER OF DEEDS DEPUTY NORTH CAROLINA NON -WARRANTY DEED by County on the _ day Mail/Box to: Cindy York Attorney C. York Law PLLC 2030 Eastwood Rd. Ste. 7 Wilmington. NC 28403 This instrument was prepared by: Cindy York Attorney. C. York Law. PLLC/WITHOUT TITLE OPINION AS TO LIENS Brief description for the Index: Lee's Lane Parcel, Carolina Beach THIS DEED made this koTll day of , 2015, by and between B.W.T. ENTERPRISES, INC., a North Carolina corporation HDI HOLDINGS, LLC. a North Carolina limited liability company 5929 Market Street Wilmington, NC 28405 20 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receiptof which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all thatcertain lot, parcel of land or condominium unit situated in the City of Town of Carolina Beach, Township, New Hanover County County, North Carolina and more particularly described as follows: See attached Exhibit A incorporated herein by reference. The Parcel being conveyed herein is also commonly known as Lee's Lane in Carolina Beach, New Hanover County, Nort I EC E IVE D Carolina' NOV 16 2015 Grantor, being a North Carolina corporation that has been dissolved, is conveying the hereinabove described parcel as part of its winding up process, and the person signing this Deed has the authority to do so as Director of B.W.T. ENTERPE1r8�RIM- M H D C IT) INC., all pursuant to Chapter 55 of the North Carolina General Statutes. 1J�i I I NC Bar Association Form No. 70 1/M2010, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association — Nr u�• c Ct 7 V E D DCM WILMINGTON, NC 0 C T 2 6 2015 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1221 page 1913 All or a portion of the property herein conveyed_ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. B.W.T. ENTERPRISES INC. ty Name) Print/T rpe Name & Title: Richard M Wiee"ns. DirmtorNice President Print(Type Name & Print/Type Name & Print/type PrinVType (SEAL) Print/Type Name: (SEAL) Print/Type Name: State of Ne,r+k Troll" -County erGityof 0L� kv% ,n Aqn- � 1, the undersigned Notary Public of the County erEity of �vw r14 _ �.i and State aforesaid, certify that Richard M. Wiggins personally came before me this day and acknowledged that he is the Director of B. W.T. ENTERPRISES. INC.. a North Carolina corporation, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, thiday of QQ.kr36.t '­ 12015. My Commkssigo j�pires: 'j lg (A� ,�Y`t au 1"�o*'.., v NOTARY �`p PUBLIC ?r' pro rrnnnutt NC Bar Association Form No. 7 ® 111 /2010, 2013 Printed by Agreement with the NC Bar Association Printed or Tvoed Name RECEIVED NOV 16 2015 DCM- MHD CITY This standard form has been approved by: North Carolina Bar Association — NC Bar Form No. 7 RECEIVED DCM WILMINGTON, NC OCT 2 6 2015 ROBERT H. GOSLEE & ASSOCIATES, PA LAND SURVEYORS —LAND PLANNERS ROBERT I):. GOSLEE, PLS 513 CHESTNUT STREET MANLEY D. CARR, PLS WILMINGTON, NC 28401 BOB'M. JONES, JR., PLS TELEPHONE: (910) 763-1941 ELIZABETH F. SMITH, PLS FAX: (910) 762-5573 EXHIBIT"A" Legal description of Lee's Lane in Carolina Beach, North Carolina for HDI Holdings, LLC. Beginning at an existing concrete monument at the intersection of the eastern right of way line St. Joseph Street (60' public right of way) and the northern line of Lee's Lane, said iron pipe being located South 01 degrees 39 minutes 18 seconds West — 91.95' from another iron pipe in the eastern right of way line of St Joseph Street, this pipe being the northwest comer of the Inland Harbor Homeowners Association tract, and runs thence with the northern line of Lee's Lane, South 88 degrees 36 minutes 54 seconds East — approximately 361.22' to a point in the western normal high water line of Myrtle Grove Sound; thence with the western high water line of Myrtle Grove Sound, South 21 degrees 00 minutes 56 seconds East — 27.04' to a point in the northern line of the HDI Holdings, LLC property (Deed Book 5710, Page 801); thence with the northern line of HDI Holdings and the southern line of Lee's Lane, North 88 degrees 36 minutes 54 seconds West — 371.70' to an iron pipe in the eastern line of St. Joseph Street; thence with the eastern line of St Joseph Street, North 01 degrees 46 minute 37 seconds East — 25.00' to the point of beginning, containing 9,161.4 Square Feet more or less, and being the property described as being subject to a right of way or easement in a deed from Vance Cottle et ux to G. G. Harward, Jr., et ux as recorded in Deed Book 376, Page 89 of the New Hanover County Registry, and also being a portion of that land described in a deed to B. W.T_ Enterprises as recorded in Deed Book 1221, Page 1913 of the New Hanover County Registry. It is the intent of this description to describe Lee's Lane from St. Joseph Street to the normal high water line of Myrtle Grove Sound. Distances from St. Joseph Street to Myrtle Grove Sound should be considered approximate. SEAL L-2977 RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 6 2015 TAMMY THEUSCH �7 u BEASLEY New Hanover County Register of Deeds 216 NORTH SECOND STREET - WILMINGTION, NORTH CAROLINA 28401 Telephone 910-798-4530 - Fax 910-798-7751 ;'KI, State of North Carolina, County of NEW HANOVER Filed For Registration: 10/16/2015 11:40:12 AM Book: RB 5925 Page: 1738-1741 4 PGS $26.00 Real Property $26. 00 GI V EC/ Recorder: CAROLYN JOHNSON RECEIVED Document No: 2015031912 NOV 16 2015 ®CM- MHD CITY ****###**************a+#***t##***#******+#*********#**###+***+#***+#*#+*##**+#********* DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and. submit when re-recording. RECEIVED i-)CM WILMINGTON, NC nci 2 92015 C. YORK LAW, PLLC 2030 EASTWOOD ROAD, SUITE 7 WILMINGTON, NORTH CAROLINA 28403 Cindy York Attorney At law cindy@cyorklaw.com October 28, 2015 VIA E-MAIL ccnii(M tmac.com Charles Poindexter and HDI Holdings, LLC 910.256.1235 P 910.256.1236 F Re: Pelican Point Proiect No Riparian Rights Owned by Inland Harbor Homeowners Association, Inc. Dear Charles: Please see the attached as evidence that Inland Harbor does not have riparian rights that run with its property adjacent to Lee's Lane. The attached are three recorded easement documents between CB Marina, LLC and Inland Harbor Homeowners Association, Inc. (Book 5875 Page 884; Book 5875 Page 904; and Book 5875 Page 910, New Hanover County Registry) and a copies of the fast pages of the following North Carolina Court of Appeals decisions: 219 N.C. App. 348, March 6, 2012, and 222 N.C. App. 689, Sept. 4, 2013, both Inland Harbor Homeowners Association, Inc. v. St. Josephs Marina, LLC. The court opinions are the final rulings on the issue of whether Inland Harbor has riparian rights after the initial cases were appealed through to the N.C. Supreme Court and then remanded back to the N.C. Court of Appeals for final decision. As evidenced by the attached opinion pages, the N.C. Court of Appeals found that Inland Harbor has NO riparian rights — as riparian rights are held by owners of land that have contact with water. Inland Harbor's property is not adjacent to the water per the court findings — and per the attached Exhibits A and B to the easements at Book 5875 Page 884 and Book 5875 Page 904, showing the location of Inland Harbor property and CB Marina property (which CB Marina subsequently deeded to Island Marina Enterprises, LLC). The president of Inland Harbor Homeowners Association signed the easement document with property exhibit, at Book 5875 Page 884. The recorded easement at Book 5875 Page 904 cites the court cases referenced herein. CB Marina, grantor of the easement, obtained property formerly owned by Regions Bank and by St. Josephs Marina. CB Marina deeded its property to Island Marina Enterprises, LLC following recording of the easement. The easement to Inland Harbor that is the subject of the recorded document is not adjacent to the water. RECEIVED RECEIVED NOV 16 2015 DCM WILMINGTON, NC 0 C T 2 8 2015 DCM- MHD CITY Charles Poindexter and HDI Holdings, LLC October 28, 2015 Page -2- There have been no deeds recorded into Inland Harbor Homeowners Association giving it any riparian rights subsequent to the easement documents referenced herein. If you require anything further, please let me know. With best regards, I am Sincerely, C. YORK LAW, LLC V Cindy York CY/sb Enclosures RECEIVl_ D DCM WILMINGTON, NC OCT 2 8 2015 RECEIVED NOV 16 2015 DCM- MHD CITY Inland Harbor Homeowners Assn, Inc. v. St Josephs..., 219 N.C.App. 348 (2012) 724 S.E.2d 92 10 KeyClte Yellow Flag - Negative Treatment Review Granted, Cause Remanded by Intend Harbor Homeowners Ass'n, Inc. v. St Josephs Marine, LLC, N.C., June 13.2012 21g N.CApp. 348 Court of Appeals of North Carolina. INLAND HARBOR HOMEOWNERS ASSOCIATION, INC., Plaintiff, V. Sr. JOSEPHS MARINA, LLC, Renaissance Holdings, LLC, St. Josephs Partners, LLC, Dewitt Real Estate Services, Inc., Dennis Barbour, Randy Gainey, Thomas A. Saieed, Jr., Todd A. Saieed, Robert D. Jones, and The North Carolina Coastal Resources Commission, Defendants. No. COA11-715. I March 6, 2012. Synopsis Background: Condominium association brought action against neighboring landowners, seeking a declaratory judgment to determine ownership of boundary bulkhead, nuisance and trespass damages, and judicial reformation of deed. The Superior Court, New Hanover County, W. Allen Cobb, Jr, J., granted neighboring landowners' motion for partial summary judgment, and subdivision association appealed. Holdings: The Court of Appeals, Beasley, J., held that: "I bulkhead was not a "fixture" attached to common area; i21 declaration and plat did not establish that bulkhead was part of common area; Pl amendment to condominium declaration was not a boundary agreement regarding bulkhead; t4) association did not have any riparian rights; and 151 association was not entitled to reformation of deed absent showing neighbors were mistaken. Affirmed. Geer, J., concurred in the result. West Headnotes (18) 1t1 Deeds o4ritention of patties Deeds Construction in general 121 lal NI In construing a deed description it is the function of the court to determine the true intent of the parties as embodied in the entire instrument. Cases that cite this headnote Deeds a -Construction in general The intention of the parties as apparent in a deed should generally control in determining the property conveyed thereby, but, if the intent is not apparent from the deed resort may be had to the general rules of construction. Cases that cite this headnote Deeds &-Extrinsic circumstances RECEIVED NOV 16 2015 DCM- MHD CITY There are instances in which consideration should be given to the instruments trade contemporaneously with the deed, the circumstances attending the execution of the deed, and to the situation of the parties at the time. RECEIVED Cases that cite this headnom)CM WILMINGTON, NC 0 C T 2 8 2015 Deeds •+Reference to surveys, maps, and plats, and records thereto WestiawNexC 0 2015 Thomson Reuters. No claim to original U.S. Government Works. Inland Harbor Homeowners Assn, Inc. v. St. Josephs..., 222 N.C.App. 689 (2012) 731 S.E.2d 704 LM KeyClte Yellow Flag - Negative Treatment Review Avowed and Remanded by Inland Harbor Homeowners Ass'n, Inc. v. St Josephs Marine, 11C, N.C., December 12, 2012 222 N.C.App. 689 Court of Appeals of North Carolina. INLAND HARBOR HOMEOWNERS ASSOCIATION, INC., Plaintiff, V. ST. JOSEPHS MARINA, LLC, Renaissance Holdings, LLC, St. Josephs Partners, LLC, Dewitt Real Estate Services, Inc., Dennis Barbour, Randy Gainey, Thomas A. Saieed, Jr., Todd A. Saieed, Robert D. Jones, and The North Carolina Coastal Resources Commission, Defendants. No. COAit-715-2. I Sept. 4, 2012. Synopsis Background: Condominium association brought action against neighboring landowners seeking a declaratory judgment to determine ownership of boundary bulkhead, nuisance and trespass damages, and judicial reformation of deed. The Superior Court, New Hanover County, W. Allen Cobb, Jr., J., entered a partial summary judgment for neighboring landowners. The Court of Appeals, — N.C.App. —, 724 S.E.2d 92, affirmed. The association filed petition for discretionary review, and the Supreme Court remanded for consideration of whether summary judgment was properly granted. (Holding:( On remand, the Court of Appeals, Beasley, J., held that trial court acted within its discretion by determining that neighboring landowners owned bulkhead between properties, and association had no riparian rights. Affirmed. West Headnotes (2) Trial court acted within its discretion by declaring deed granted condominium association's neighboring landowners ownership to bulkhead between their properties, and, thus, association had no riparian rights in the bulkheads, precluding claims for trespass by encroachment into riparian corridor, nuisance by unreasonable interference with riparian rights, and punitive damages based on a knowing and continuing encroachment; a warranty deed conveyed to neighboring landowners all rights, title, and interest in any bulkheads adjoining the tracts. Cases that cite this headnote 121 Reformation of Instruments O«Contracts in general When a party seeks to reform a contract due to an affirmative defense such as mutual mistake, the burden of proof lies with the moving patty to prove mutual mistake by clear, cogent, and convincing evidence. I Cases that cite this headnote **705 Appeal by Plaintiff from order entered 12 October 2010 by Judge W. Allen Cobb, Jr. in New Hanover County Superior Court. Heard in the Court of Appeals 9 November 2011, Attorneys and Law Firms Clark, Newton & Evans, P.A., Wilmington, by Don T. Evans, Jr. and Seth P. Buskirk, for Plaintiff —Appellant. Marshall, Williams & Gorham, LLP, by John. L. Coble, Ifl Wilmington and Williams Mullen, by Gilbert C. Laite, III, Common Interest Communities Raleigh and Kelly Colquette Hanley, Wilmington for Property and appurtenances included; nature Defendants —Appellees. of interest in property estate Water Law Opinion wC%tzi V ED *,Construction of grant in general RECEIVED -�v' WILMINGTON, NC WestlawNat © 2015 Thomson Reuters. No claim to original U.S. Government Works. OCT 2 81015 NOV 16 Z015 DCM- MHD CITY M4 Prepared by and Return to: Clark, Newton & Evans, P.A. 509 Princess Street, Wilmington, NC 28401 910 762.8743 Without Title Search, Opinion, or Tax Advice DESC: Easement over Tract, St. Josephs St, Carolina Beach, NC PIN: Part of R08818-006-051-000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER nll�fll�l II � I��III III 2015007454 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSOH BEASLEY NEW HANOVER COUNTY, NC 2015 MAR 20 1153 59 AM BK 5875 PG 910-913 FEE $26 00 1NSiR IF I P0150 IR If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) QUITCLAIM DEED OF EASEMENT THIS QUITCLAIM DEED OF EASEMENT, made and entered into this the / % day of March, 2015, by and between CB Marina, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes, Rd., Wilmington, NC 28411 ("Grantor") and Inland Harbor Homeowners Association, Inc., a North Carolina nonprofit corporation with an address at 500 St. Josephs St., Carolina Beach, NC 28428 ("Grantee") (Grantor and Grantee together, the "Parties ") The designations Grantor and Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by context WITNESSETH. WHEREAS Grantee wishes to have an easement over certain lands of Grantor described herein, and Grantor is willing to provide such an easement for the access and use in, through, under and on a certain portion of Grantor's lands described herein ("the Servlent Tract"), and NOW THEREFORE, for TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants to Grantee, its successors, and assigns an easement for ingress, egress and regress for pedestrian access, use and maintenance in, through and over the following area described below RECEIVED RECEIVED 13CM WILMINGTON, NC NOV 16 2015 OCT 2 S 2015 DCM- MHD CITY11'`�������5 Begriming at an existing iron pipe in the Southwesternmost comer of that 44 Acre Tract B shown on Map entitled "St Josephs Partners Division Tract A and Tract B" recorded in Map Book 48, Page 7, New Hanover County Registry, running thence North, 87 degrees 59 minutes 38 seconds East, 66.78' to a point, a comer with "Inland Harbor Condominium Tract A," running thence North 2 degrees 12 minutes 22 seconds West to a point in the southern line of said Tract B, running thence North 87 degrees 55 minutes 30 seconds East 112 26 feet, more or less, to a point in the Southern line of Tract B, the POINT OF BEGINNING; running thence North 87 degrees 43 minutes 05 seconds to a point in the landward edge of the old inner wooden bulkhead running along the Westemmost face of the marina basm found there, running thence South 3 degrees 58 minutes 15 seconds West 26 30' to a point in the said landward edge of the old inner wooden bulkhead, running then South 87 degrees 42 minutes 5 seconds West, approximately 28' to a point in the northern line of "Inland Harbor Condominium Tract A," then in a Northerly direction approximately 25 feet to the point of beginning, encompassing a rectangle with dimensions of roughly 29 7' x 26.3'(the "Easement Area"), This easement shall touch, concem and run with the subject land, and benefit the heirs, successors and assigns of the Grantee, including, without limitation, its respective condominium Qwners for so long as they are respective members of Grantee However, as a condition to Grantee's continuing right to use the said easement, Grantee agrees to maintain the wooden pool walkway, stairs and other access structures (their replacements and relocations within the Easement Area described above) at its sole expense; and (b) Grantee shall keep the said Easement Area insured under its general liability policy, naming Grantor (or its successors) as an additional insured. However, Grantor makes no warranties whatsoever as to its right or ownership in or to the Easement Area, and merely quitclaims the easement rights set forth herein TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and appurtenances thereunto belonging, IN WITNESS WHEREOF, the undersigned Grantors have jointly and severally executed this instrument in the manner prescribed by law, as of the day and year fast above written. CB MARINA, LLC By. (SEAL) Vincent Olivadese, Member and Manager NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregomg document for the purpose stated therem and in the capacity indicated: Vincent Olivadese, Member -Manager Date: M it2 C f�- r 9 , 2015 p 113A {(T %ICIAL 2z mend _ �v'IY co%WWibn *ires 0�� V,QW 5 or Typed Name RECEIVED DCM WILMINGTON, NC 0CT282015 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 N1N1t1NNf fN... **1lit*Ntf11ffNN11....Nf1111fNlff NlN1tt1111N1fN1NfiNNNlN1Nf fN Nf N f N1111N 1NNf Filed For Registration: Book: Document No Recorder: 031201201511:53:59 AM RE 6876 Page: 910-913 2015007454 4 PGS $26.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 2015007454* 2015007454 pG 2015007452 FOR REGISTRATION REGISTER OF DEEDS NE4 MNC OVERCOUNRYLENC BK 5875 K 884-9W FEE9$42 W INSiffil 120151M52 PARCEL$ R08818-006-051-000 R08818-006-018-000E4SEMENT AND USE AGREEMENT - This Easement and Use Agreement ("Agreement") is entered into as of the day of Marcb, 2015, by and between inland Harbor Homeowners Association, Inc. (IM. a North Carolina non-profit corporation with a principal place of business and residence address at 500 Saint Joseph Street, Carolina Beach, NC 28428, and CB Marina, LLC, a North Carolina Limited Liability Company with a principal place of business and residence and notice address at 8517 Emerald Dunes Rd., Wilmington, NC 28411 ("CB") (IH and CB together, the "Parties"). This agreement binds, benefits and runs to the Parties and their respective heirs, successors and/or assigns. RECITALS A. The Patties own neighboring and adjacent properties in Carolina Beach, North Carolina, depicted on the attached Exhibits A and B. CB owns the teal property depicted on Exhibit A (the "CB Tract'). Bi owns the property depicted on Exhibit B (the "IH Tract"). B. 1H desires to use certain facilities on the CB Tract, including the "Pool Walkway," which is portion of land covered by a wooden walkway that runs along the western boundary of the marina basin which is pan of the CB Tract and any ramps, steps or other pedestrian fixtures which connect to the pool on the IH Tract, all as shown by "Pool Walkway" on ExWbit A C. CB desires to use certain facilities on and / or utility rights appurtenant to the IH Tract, including the following: a. Lift Station- The "Lift Station" is a sanitary pump/lift station, currently located on the 1H Tract in the approximate location shown on Exhibit B, RECEIVED b. Grassy Ares -The "Grassy Area" is a section of lawn located on the IH Tract in NOV 16 2015 between Bi's pool and CB's parking lot shown on Bxgibit B as "Gracgy Area" D. The Parties now desire to enter an agreement respecting their uses of the CB Tract and BIDC M - M H D CITY Tracts, respectively, for their mutual benefit, and that of their heirs, successors and assigns as set forth herein RECEIVED THE AGREEMENT DCM WILMINGTON, NC Now therefore, for TEN DOLLARS ($10) and other goad and valuable consideration, the 0 C T 2 8 2015 receipt and sufficiency of which are hereby acknowledged, the Parties further agree as follows. 1. Lift Station. (a) IH will allow CB to, and CB shall hereafter be allowed to, connect, permanently tie into, and use the Lift Station in perpetuity hereafter (or until the CB Bath House is connected to sewer), without charge, connection fees, or any ongoing fee or cost for the specific and sole purpose of connecting the "CB Bath House" consisting of 2 toilets, 2 sinks and 1 water fountain currently located or to be constructed on the CB Tract No hook up is permitted for the purpose of sewage disposal for boats, etc. CB shall not be entitled to increase usage of the sewer easement described herein beyond the 2 toilets, 2 sinks and 1 water fountain without further negotiation and amendment to this Agreement. (b) CB will be responsible for the permitting (federal, state, county, municipal or otherwise), CAMA and/or municipal requirements, and any other fee directly associated with its use of the Lift Station (but not of any fee or cost otherwise associated with any other use of the same). CB will also be responsible for any incremental increase in Bi's insurance on the Lift Station directly attributable to the connection by CB to the IH Lift Station. (c) At Closing, IH will grant to CB an easement to facilitate its use of the Lift Station in the form of Exhibit C hereto. (d) IH agrees to keep such pumptlift station in good working order and repair in perpetuity, or until the CB Bath House is connected to sewer. Should IH fail to maintain the pump/lift station in good working order and repair, then after giving IH (or its successors) fifteen (15) days written notice of the need to conduct such repair, CB (or its successors) may perform such repair and charge the same to IH, which shall be enforceable in law or in equity as a contract debt. 2. Adjacent Bulkheads: (a) blairrbenance. CB owns certain bulkhead structures in or around the subject marina basin. CB agrees to certain obligations set forth below with regard to certain of these bulkheads, namely those, which abut the IH Tract on its northern and eastern boundaries, and along the western (back) face of the marina adjacent to the III Tract (the "Adjacent Bulkheads"), as indicated on Exhibit A (b) CB will perform routine maintenance and upkeep on the Adjacent Bulkheads. CB will be held to a routine maintenance and upkeep standard, which will include replacing wasted bulkhead facing, pilings, back -filling holes, etc. CB will keep the Adjacent Bulkheads and other dock/marina appurtenances in functional and usable condition. While the Adjacent Bulkheads will be considered to include both the old (`Upland") wooden bulkhead structure and the newer ("Wet -Side") bulkhead facing attached to it, the Upland bulkhead structure on behind the Wet -Side bulkhead will not be maintained beyond filling in land behind and in front of it. For avoidance of doubt, since the Upland bulkhead is in serious disrepair, not currently performing its function, and its function has been superseded by the installation of the Wet -Side bulkhead facing, CB shall perform no other maintenance on the Upland bulkhead other than has been described above. Should CB fail to maintain the Adjacent Bulkheads in the condition set forth above, then after giving CB (or its successors) forty-five (45) days written notice of the need to conduct such repair, IH (or its successors) may perform such repair and charge the same to CB, which debt shall be enforceable in law or in equity as a contract debt- (c) Schedulinp and Notice of Maintenance i. Planned Maintenance. CB will provide III at least 2 weeks advance notice of any planted repairs or maintenance activities. All planned repair notices will provide a schedule outlining the general scope of work and time frame for execution of work IH reserves the right to limit planned repairs that involve traversing IH property to 60 (sixty) days duration in any given year unless changes are approved by majority vote of the IH BOD, which shall not be unreasonably refused, delayed or conditioned. Other than emergency repairs, no repairs shall be conducted between Memorial Day and Labor Day of each year without prior approval of IH. ii. Emergency Maintenance. Notwithstanding the above, CB is authorized to conduct emergent repairs or maintenance when reasonably necessary to maintain the integrity of the Adjacent Bulkheads or the depth of the marina Such emergency repairs shall not require the 2 weeks advance notice, but notice shall nonetheless be provided to IH as soon and quickly as is practical under the circumstances. (d) hvsuranec. CB will insure the Adjacent Bulkheads and its associated personal properly and appurtenances in the marina basin with a commercial insurance company, and will maintain the Adjacent Bulkheads as set forth above. (e) Future Sales of CB Tract. If CB sells the CB Tract to another person or entity, its obligations herein, including the obligations to maintain and repair the Adjacent Bulkheads, shall be transferred to the successors, assigns, new ownersiup entity, FIECEIVED DCM WILMINGTON, NC 0 C T 2 8 2015 or marina HOA going forward, in perpetuity. CB Marina, LLC and its principals shall be released from any obligation herein thereby. (f) Maintenance Easement. IH shall grant CB a maintenance easement over and through the IH Tract to restore, maintain, replace, etc. the Adjacent Bulkheads, docks, pilings and other marina property around or within the marine basin Activities that may be conducted within the maintenance easement may include, without limitation, repairing, replacing, installing or maintaining helical anchors or screws, tie -backs, deadmen, pilings and other appurtenances necessary or helpful to replacing or maintaining the position and function of the said personal property and/or the said Adjacent Bulkheads. CB agrees to replace any damaged landscaping occurring as a result of the exercise of this easement. An easement setting forth the obligations of the parties herein are attached hereto as Exhibit C. (g) Permission to Maintain CB Tract and Adiacent Bulkheads. For the sake of clarity in the understanding of the foregoing by successors, IH shall and hereby does grant CB permission to perform such maintenance dredging and other maintenance actives associated with marina operations along the Adjacent Bulkheads and within the CB Tract as is necessary for the use and enjoyment of the marina slips. Nothing herein shall be construed as a claim by either party that CB requires the foregoing permission as IH is not technically a riparian landowner, per the North Carolina appellate courts' pilings in the appeal of Case # 09 CVS 5882, New Hanover County, North Carolina. 3_ IH's Use of the Pool Walkway. (a) CB will grant IH an easement over the Pool Walkway such that IH can freely access its pool by crossing over portions of the CB Tract. An easement setting forth the obligations of the parties herein are attached hereto as Exhibit D. (b) IH will maintain the Pool Walkway at its sole expense. IH will insure the Pool Walkway under its general liability policy, naming CB (or its successors) as an additional insured. 4. Grassy Area. (a) IH will grant CB an access easement over the Grassy Area on the IH Tract such that CB may access the Lift Station connection, and for pedestrian traffic. An easement setting forth the obligations of the parties herein are attached hereto as Exhibit C. RECEJ\rE© 016Ims ncm- MHo CITY (b) CB will maintain, by mowing or otherwise, the Grassy Area at its sole expense. CB will insure the Grassy Area under its general liability policy, naming IH (or its successors) as an additional insured 5. Boundary definition. For the benefit of later buyers or transferees of either CB and/or IH, or their respective Tracts, the Parties will attempt to absolutely define their respective property lines with regard to the Adjacent Bulkheads and adjacent lands. IH will provide a survey to CB and CB may provide a survey to IH, which may be a survey previously performed. The Patties will work together in good faith to come to agreement on such boundaries. If the Parties are unable to agree on the property boundaries within 30 days before Closing, then such agreement shall become a Closing Condition. 6. Indemnities - CB agrees to hold harmless, defend, and indemnify IH from any claims by individuals or municipal or government entities arising from the acts or omissions by CB, its agents, guests, or invitees arising from its use of portions of the IH Tract as set forth herein. IH agrees to hold harmless, defend, and indemnify CB from any claims by individuals or municipal or government entities arising from the acts or omissions by IH, its agents, guests, or invitees arising from its use of portions of the CB Tract as set forth herein. Due Diligence. From the date of this letter being signed by both parties until the Closing Date or the termination of this letter, whichever is sooner, each party will render such reasonable assistance to the other as may be reasonably requested. 8. Closing/Closing Date. Closing shall be the date on which the easements described herein are executed and presented for recording to the firm of Clark, Newton & Evans, PA, 509 Princess Street, Wilmington, NC 28401. The consummation of the proposed transaction is targeted for 1 Aprd 2015 (the "Closing Date") or such earlier date as the Parties may agree. 9. Conditions to Closing. The following are conditions to the obligations set forth herein, and to the Closing and execution of the documents set forth herein: a. The absence of the discovery by either party of a title defect in any property, through which easement rights are sought to be transferred hereby, which would prevent the valid deed of such an easement b. Receipt of approval of any lender of either Party whose consent or approval is required for the execution or delivery of any item set forth herein, including, without exception, the easements described above. c. Receipt within 30 days of Closing of written authorization of the respective membership and boards of directors of each of the respective parties by the other for all of the matters set forth hereinabove. d. Any other Closing Condition set forth herein. RECEIVED RECEIVED DCM WILMINGTON, NC NOV 16 2015 0 C T 2 8 2015 DCM- MHD CITY e. Any party may waive a Closing Condition this Agreement otherwise requires of the other. 10. Binding Nature The agreements, obligation and rights herein and in the documents contemplated hereby shall touch, concern and run with the land and both shall bind, and inure to the benefit of, the respective individual Parties, their heirs, successors, successors in title, and assigns. In the case of IH, this also includes its property owners. In the case of CB, this also includes its owners, members, guests and invitees. It is intended by the Parties that this Agreement including all obligations, covenants, representations, and rights contained therein shall survive the Closing Date and shall survive the execution of any and all deeds and other documents purporting to transfer or convey any rights or interests in the CB Tract or 1H Tract. 11. Expenses, Each party will be responsible for its own direct expenses and attorney fees relating to the proposed transaction. 12. No Negotiations With Others. During the effective term of this Agreement, and up until Closing or Termination as set forth herein, the Parties agree each will not directly or indirectly solicit, entertain inquiries or proposals or enter into any agreement or negotiate with any other party which would conflict with their proposed duties, documents and agreements herein. ... 13. Confidentiality. The Parties acknowledge that the proposed transaction and the term of this Agreement are, prior to Closing, confidential and that neither party will disclose the terms or existence of this Agreement or any of the terms hereof to any third party, other than their advisors, legal counsel and accountants and potential buyers, without consent of the other Party. The Parties are further authorized to disclose of existence and terms of this Agreement to government agencies as necessary to comply with law or regulation, without the consent of the other party. 14. No Oral Amendment This Agreement may not be amended bythe Parties except in a writing signed by all Parties hereto. 15. Integration. This Agreement contains the entire agreement contemplated by the parties hereto with respect to the subject matter hereof and supersede all prior negotiations, commitments, agreements and understandings, whether written or oral, between any of them with respect to such subject matter. 16. Governing Law. The parties agree that Agreement and all collateral documents shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without regard to principles of conflicts of law. 17. Counterparts and Facsimile Signature. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Executed counterparts of this Agreement transmitted by facsimile or electronic mail (in PDF form) shall be deemed to constitute an original for all purposes. 18 Termination. This Agreement may be terminated by either party upon the failure of a closing condition on or before the Closing Date, which may not be remedied by the Closing Date. 19. Conflicts between Exhibits to and Text of this Agreement. In the event of any conflict between the text of this Agreement above and any of the Exhibits hereto, the terms of the Exhibit(s) shall control. CB M�aj�%a, LLC Vince Olivadese, Manager Date: '3 — / q —/ Inland Har r Homeowne Association, Inc. By: Its: �NGy Based on a resolution approved by the Membership and Board of Directors on RECEIVED Date -NDV 16 2015 Enclosures: DCM- Exhibit A--CBTract MHD CITY Exhibit B— Inland Harbor Tract Exhibit C— Easement from C t tCB C 1�� �E� Y D Exhibit D —Easement from CB to IH i / . 0 C T 2 8 2015 NCCKLENBURG COUNTY, NORTH CAROLINA I, I j, 1a Notary Public of County, North Carolina, certify that 1-1 !'!�%• 6 Z.)we' personally came before me this day and acknowledged That she is Secretary of Inland Harbor Homeowners Association, Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, JC. Warren, and attested by herself as Secretary of the Inland Harbor Homeowners Association, Inc. Witness my hand and official seal, this the 19 day of t j q n cA 20_1_-5 Date 3 Id `/ 5 Official Signature of Notary NotaryPublic { 1 i / / i q ,m �Io.0 M a Yot,'t'q y Notary's printed or typed name, w i l 1; - M YO UNA Al "NOVARY (Official Seal) My commission expires: 8 /// 20 j % �� • PUg��G _o .att �FNBURG do Tit NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she volyntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: v " 4 -f O i Y TQ, Date: in"i l ci 201s_ 3 83Ao ii otary Public [�iAL'Sli �Do V' L" 5 Notary's Printed or Typed Name coamon eicpires: l2G l l S ' L RECEIVED DCM WILMINGTON, NC 0CT292015 m xTHIS MAP IS NOTA CERTIFIED SURVEY AND HAS NOT BEEN RFVIEWED BY A LOCAL GOVERN MENTAGENCY FOR COMPLIANCE N 17A ANY APPI (CABLE LAND DEVELOPMENT RI-GUL HONS DCM- MHD CITY Prepared by and Return to- DESC: Easement over portions of 1f checked, the Clark, Newton & Evans, P.A. Tract, St Josephs St , Carolina property includes the primary 509 Princess Street, Wilmington, Beach, NC residence of at least one of the NC 28401 PIN- Part of R8818-006-018-000 parties defined as Grantor (NCGS 910 762 8743 §105-317.2) Without Title Search, Opinion, or Tax Advice STATE OF NORTH CAROLINA DEED OF EASEMENT COUNTY OF NEW HANOVER THIS DEED OF EASEMENT, made and entered into this the day of March, 2015, by and between Lland Harbor Homeowners Association, Inc. Inc., a North Carolina nonprofit corporation with an address at 500 St. Josephs St., Carolina Beach, NC 28428 ("Grantor") and, CB Marina, LLC, a North Carolina li n ted liability company with an address at 8517 Emerald Dunes, Rd., Wilmington, NC 28411 ("Grantee") (Grantor and Grantee together, the "Parties ") The designations Grantor and Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by context WITNESSETH WHEREAS Grantor is the owner of certain tracts (the "Inland Harbor Tracts" or "Servient Tracts") of real property indicated as the COMMON AREAS of Phase I Inland Harbor Condominiums, on that map recorded in Condo Plat Book 6, Page 185, and described in that deed from St Josephs Partners, LLC dated 18 March 2004 and recorded at Book 4199 Page 647 of the New Hanover County Registry, subject to clarification by the Litigation as defined below. The Inland Harbor Tracts are illustratively shown on Exhibit B attached hereto. WHEREAS Grantee is the owner of certain tracts (the "CB Tracts" or "Dominant Tracts") of real property described in the following deeds from Regions Bank recorded with the New Hanover County Registry: deeds 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1037, deed dated 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1028, deed dated 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1032, subject to clarification by the Litigation as defined below. The CB Tracts are illustratively shown on Exhibit A attached hereto. ��a WHEREAS The Parties' respective property rights in the Servient and Dominant Tracts, as they related riparian rights, owners of bulkhead structures, property lines and otherwise, were determined or confirmed by the North Carolina Court of Appeals and Supreme Court in the following litigation- Inland Harbor Homeowners Ass'n, Inc. v. St. Josephs Marina, LLC, 219 N C.App 348, 354, 724 S E.2d 92, 97 (N.C.App ,2012) afl d upon remand from Supreme Court, Inland Harbor Homeowners Ass'n. Inc. v St. Josephs Marina, LLC. N.C.App 731 S.E.2d 704 (2012) (Inland Harbor II), afJ d upon 2d remand from Supreme Court, _ N.0 App. _ _ S.E 2d 2013 WL 791492 (March 5, 2013) (the "Litigation"). WHEREAS, the Parties wish to memorialize the access, use and easement rights that Grantee wishes to enjoy in, through, under, over and on the Servient Tract; and NOW THEREFORE, for TEN DOLLARS (SIO) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Grantor grants to Grantee, its successors, and assigns the following easements in the Servient Tract 1) Maintenance Easement. the Maintenance Easement is a non-exclusive, perpetual, maintenance easement for ingress, egress, regress and maintenance in, through, under, over and on the Servient Tract, subject to the following terms: a This Maintenance Easement shall include the right to restore, maintain, repair, and replace the bulkheads, docks, pilings and other marina property around or within the marina basin adjacent the Inland Harbor Tracts described on Exhibits A and B Activities that may be conducted within the Maintenance Easement may include, without limitation, repairing, replacing, installing or maintaining helical anchors or screws, tie -backs, docks, bulkhead face, sheet piling, deadmen, pilings and other appurtenances necessary or helpful to replacing or maintaining the position and function of the items and/or the said bulkheads. CB agrees to replace any damaged landscaping occurring as a result of the exercise of this Maintenance Easement b Notwithstanding the foregoing, this Maintenance Easement may, absent emergent situations, such as those involving the integrity of the bulkhead, or loss of depth of the marina basin from defects in the bulkheads, (events necessitating "Emergency Repairs'), Grantee will provide Grantor at least two (2) weeks advance notice of any planned repairs or maintenance activities All planned repair notices will provide a schedule outlining the general scope of work and time frame for execution of work Grantor reserves the right to limit planned repairs that involve traversing Grantor property to 60 (sixty) days duration in any given year unless changes are approved by majority vote of the Grantor's Board of Directors (or the equivalent for any successor of Grantor), which shall not be unreasonably refused, delayed or conditioned. Other than the Emergency Repairs described above, no repairs shall be conducted between Memorial Day and Labor Day of each year without prior approval of Grantor Notwithstanding the above, Grantee is authorized to conduct Emergency Repairs or maintenance, as needed, which shall not require the two (2) weeks advance notice above, although notice shall nonetheless be provided to Grantor as soon and as is practical under the circumstances. 2) Utility Easement — The Utility Easement is a non-exclusive, perpetual, utility easement for ingress, egress, regress in, through, over, under and on the Servient Tract, for the purpose of Grantee accessing, connecting to, and utilizing that sanitary pump / lift station (the "Lift Station') currently located (or as a replacement may be located in the future) on the Servient Tract, subject to the following terms: a. Grantee may hereafter h allowed , c nnec tP►h,Wby E J to, and ;A}R * NC perpetuity hereafter without charge, connect}o[i`Ib�s! bf hiiying fee `Ifi�f,PR�� NOV 16 2015 0 C T 2 S 2015 and sole purpose of connecting the Bath House (consisting of 2 toilets, 2 sinks and 1 water fountain) currently located (or as a replacement may be located) on the Dominant Tract Grantee is not allowed to use the said Lift Station for the purpose of sewage disposal from boats, campers or otherwise. b. In utilizing the said Utility Easement, Grantee will be responsible for all permitting and other federal, state, county, and municipal fees directly associated with its connection to the Lift Station (but not of any fee or cost otherwise associated with the use of the Lift Station). Grantee will also be responsible for any actual increase in Grantor's insurance on the said Lift Station directly attributable to the connection or use by Grantee of the said Lift Station IH agrees to keep such pumptlift station in good working order and repair in perpetuity, or until the Bath House is connected to sewer Should IH fail to maintain the pumptlift station in good working order and repair, then after giving IH (or its successors) fifteen (15) days written notice of the need to conduct such repair, CB (or its successors) may perform such repair and charge the same to IH, which shall be enforceable in law or in equity as a contract debt c This easement includes the rights over, under and through the Servient Tract along the shortest practical route between the Bath House and the Lift Station, for installation, service, repair and replacement of such fixtures, lines and appurtenances as are reasonably necessary for the use of this Utility Easement, the Lift Station (or any future replacement lift station to be constructed) on the Servient Tract. 3) Pedestrian Easement - The Pedestrian Easement is a non-exclusive, perpetual, pedestrian easement for ingress, egress, regress for pedestrian access in, through, under, over and on that portion of the Servient Tract, described below and subject to the following terms a. Description — THD [PER SURVEY] Grantee will maintain, by mowing or otherwise, the portion of the Servient Tract subject to the Pedestrian Easement at its sole expense and insure said portion of the Servient Tract under its general liability policy, naming Grantor (or its successors) as an additional insured These easements shall touch, concern and run with the subject land, and benefit the heirs, successors and assigns of the Grantee TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and appurtenances thereunto belonging, IN WITNESS WHEREOF, the undersigned Grantors have jointly and severally executed this instrument in the manner prescribed by law, as of the day and year first above written Attest, Secretary SEAL: GRANTOR: INLAND HARBOR HOMEOWNERS ASSOCIATION, INC. By. (signature) (titli� \V'� OG�, NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Date 201 [01FICIM SFM1 My commission expires: Notary Public Notary's Printed or Typed Name RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED 1)CM WILMINGTON, NC 0C�T '2 8 2015 NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date jorr IC rv- SI AI My commission expires: R�Ge`vSO Nov 16 Jp�S I)CM- MHD GIVII 201 Notary Public Notary's Printed or Typed Name Prepared by and Return to: Clark, Newton & Evans, P.A. 509 Princess Street, Wilmington, NC 29401 910.762.8743 Without Title Search, Opinion, or Tax Advice DESC. Easement over Tract, St. Josephs St., Carolina Beach, NC PIN. Part of R08818-006-05 1 -000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECEIVED NOV 16 2015 DCM- MHD CITY If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this the _ day of March, 2015, by and between CB Marina, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes, Rd., Wilmington, NC 28411 ("Grantor") and Inland Harbor Homeowners Association, Inc. Inc., a North Carolina nonprofit corporation with an address at 500 St Josephs St, Carolina Beach, NC 28428 ("Grantee") (Grantor and Grantee together, the "Parties.") The designations Grantor and Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by context WITNESSETH- WHEREAS Grantor is the owner of certain tracts (the "CB Tracts" or "Dominant Tracts') of real property described in the following deeds from Regions Bank recorded with the New Hanover County Registry: deeds 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1037, deed dated 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1028, deed dated 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1032, subject to any clarification in the Litigation described herembelow. The CB Tracts are illustratively shown on Exhibit A attached hereto. WHEREAS Grantor is the owner of certain tracts (the "Inland Harbor Tracts" or "Servient Tracts") of real property indicated as the COMMON AREAS of Phase I Inland Harbor Condominiums, on that map recorded in Condo Plat Book 6, Page 185, and described in that deed from St. Josephs Partners, LLC dated 18 March 2004 and recorded at Book 4199 Page 647 of the New Hanover County Registry, subject to any clarification in the Litigation described hereinbelow. The Inland Harbor Tracts are illustratively shown on Exhibit B attached hereto r-i- EC E 1 "V E D DCM WILMINGTON, N D(NRIR 0 C T 2 8 2015 WHEREAS The Parties' respective property rights in the Servient and Dominant Tracts, as they relate to riparian rights, owners of bulkhead structures, property lines and otherwise, were determined or confirmed by the North Carolina Court of Appeals and Supreme Court in the following litigation: Inland Harbor Homeowners Ass'n. Inc. v. St Josephs Marina, LLC, 219 N.C. App 348, 354, 724 S.E.2d 92, 97 (N C.App ,2012) aff'd upon remand from Supreme Court, Inland Harbor Homeowners Ass'n. Inc. v St Josephs Marina LLC N.C.App. 731 S E 24 704 (2012) (Inland Harbor II), ed upon 2d remand from Supreme Court, N.C.App _, _ S E 2d _, 2013 WL 791492 (March 5, 2013) (the "Litigation"). WHEREAS, the Parties wish to memorialize the access, use and easement rights that Grantee wishes to enjoy in, through, under and on the Servient Tract; and NOW THEREFORE, for TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Grantor grants to Grantee, its successors, and assigns the following easements in the Servient Tract: Pedestrian Easement - The Pedestrian Easement is a non-exclusive, perpetual, pedestrian easement for ingress, egress, regress for pedestrian access over that portion of the Servient Tract, described below and subject to the following terns• a Description — [TBD by survey] , (the "Easement Area") Grantee shall maintain, the Easement Area, its wooden walkway, stairs and any other access structure or appurtenance now or later thereon at its sole expense and insure said Easement Area portion of the Servient Tract under its general liability policy, naming Grantor (or its successors) as an additional insured This easement shall touch, concern and run with the subject land, and benefit the heirs, successors and assigns of the Grantee, including, without limitation, its respective condominium owners for so long as they are respective members of Grantee However, as a condition to Grantee's continuing right to use the said easement, Grantee agrees to maintain the wooden pool walkway, stairs and other access structures (their replacements and relocations within the Easement Area described above) at its sole expense, and (b) Grantee shall keep the said Easement Area insured under its general liability policy, naming Grantor (or its successors) as an additional insured. TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and appurtenances thereunto belonging, IN WITNESS WHEREOF, the undersigned Grantors have Jointly and severally executed this instrument in the manner prescribed by law, as of the day and year first above written Q J� h GRANTOR CB MARINA, LLC 0 �IY ���o�16OG`�� (signature) (title) NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Date- 1201 Notary Public [OFFICIAL SF.AI.j Notary's Printed or Typed Name My commission expires RECEIVED NOV 16 2015 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC Or 2 5 2015 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 }flftMff[f}f#11Mtf[ftRftffll Rtttttttflf Mtf itllYf titff##ffft#t##ftt}}#tttttt}t#IRf#RRfR###ttf}fffflfftRRlf}f [t RRRRRfiR Filed For Registration: Book Document No.: Recorder: 03/20/2015 11:53:59 AM RE 5875 Page: 884-903 2015007452 20 PGS $42.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECEIVED NUV 16 2015 pCM- MHD CITY Reproduced image reflects Condition of original document PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2015007452* 2015007452 Prepared by and Return to: Clark, Newton & Evans, P.A. 509 Princess Street, Wilmington, NC 28401 910.762.8743 Without Title Search, Opinion, or Tax Advice 1 it l IN I ICI UIN Inll Ii�l N� INI 2015007457453 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2015 MAR 20 11 53 59 AM BK 5875 PG 904-99 FEE $26 00 RECEIVED INS1RUr1EN1 # NOVO NN 16 2015 DCM- MHD CITI DESC: Easement over Tract, St. Josephs St., Carolina Beach, NC PIN: Part of R08818-006-05 1 -000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER If checked, the property includes the primary residence of at least one of the parties defined as Grantor (NCGS §105-317.2) DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this the / f/ day of March, 2015, by and between CB Marina, LLC, a North Carolina limited liability company with an address at 8517 Emerald Dunes, Rd , Wilmington, NC 28411 ("Grantor") and Inland Harbor Homeowners Association, Inc., a North Carolina nonprofit corporation with an address at 500 St. Josephs St., Carolina Beach, NC 28428 ("Grantee'D (Grantor and Grantee together, the "Parties.") The designations Grantor and Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS Grantor is the owner of a certain tract (the "CB Tracts" or "Servient Tracts") of real property described in the following deeds from Regions Bank recorded with the New Hanover County Registry: deed dated 5 May 2014 and recorded 16 May 2014 in Book 5814, Page 1037; deed dated 5 May 2014 and recorded on 16 May 2014 in Book 5814, Page 1028; deed dated 5 May 2014 recorded on 16 May 2014 at Book 5814, Page 1032, all New Hanover County Registry, subject to any clarification in the Litigation described hereinbelow. The CB Tracts are illustratively shown on Exhibit A attached hereto, and WHEREAS Grantor is the owner of certain tracts (the "Inland Harbor Tracts" or "Dominant Tracts") of real property indicated as the COMMON AREAS of Phase I Inland Harbor Condominiums, on that map recorded in Condo Plat Book 6, Page 185, and described in that deed from St, Josephs Partners, LLC dated 18 March 2004 and recorded in Book 4199 Page 647, New Hanover County Registry, subject to any clarification in the Litigation described hereinbelow. The Inland Harbor Tract-� (Iluspativyly shown on Exhibit B t, r=� attached hereto. DCM WILMINGTON, NC ulnAo 0 C T 2 0, 2015 C—,O,�Xs % WHEREAS The Parties' respective property rights in the Servient and Dominant Tracts, as they relate to riparian rights, owners of bulkhead structures, property lines and otherwise, were determined or confirmed by the North Carolina Court of Appeals and Supreme Court in the following litigation: Inland Harbor Homeowners Ass'n. Inc. v. St. Josenhs Marina. LLC, 219 N.C. App. 348, 354, 724 S.E.2d 92, 97 (N.C.App.,2012) afd upon remand from Supreme Coup, Inland Harbor Homeowners Ass'n. Inc. v. St. Josephs Marina. LLC, N.C.App. 731 S.E.2d 704 (20121(Inland Harbor II), afd upon 2d remand from Supreme Court, N.C.App. _ _ S.E.2d _ 2013 WL 791492 (Match 5, 2013) (the "Litigation"). WHEREAS, the Parties wish to memorialize the access, use and easement rights that Grantee wishes to enjoy in, through, under and on a certain portion of the Servient Tract; and NOW THEREFORE, for TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants to Grantee, its successors, and assigns the following easements in the portion of the Servient Tract described below: Pedestrian Easement - The Pedestrian Easement is a non-exclusive, perpetual, pedestrian casement for ingress, egress, and regress for pedestrian access over that portion of the Servient Tract, described below and subject to the following terms: a. Description — Being all of the land conveyed by Inland Harbor Homeowners Association, Inc. to St. Josephs Partners, LLC by Deeds recorded in Book 4199, Page 638, and Book 4199, Page 642, New Hanover County Registry, less and except the land conveyed by St. Josephs Partners, LLC to Inland Harbor HOA, Inc. by Deeds recorded in Book 4199, Page 647, New Hanover County Registry (the "Easement Area! ), describing a rectangle with dimensions of roughly 29.7 feet by 26.3 feet. b. Grantee shall maintain, the Easement Area, its wooden walkway, staus and any other access structure or appurtenance now or later thereon at its sole expense and insure said Easement Area portion of the Servient Tract under its general liability policy, naming Grantor (or its successors) as an additional insured. This easement shall touch, concern and run with the subject land, and benefit the heirs, successors and assigns of the Grantee, including, without limitation, its respective condominium owners for so long as they are respective members of Grantee. However, as a condition to Grantee's continuing right to use the said easement, Grantee agrees to maintain the wooden pool walkway, stairs and other access structures (their replacements and relocations within the Easement Area described above) at its sole expense; and (b) Grantee shall keep the said Easement Area insured under its general liability policy, naming Grantor (or its successors) as an additional insured. TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and appurtenances thereunto belonging; Nov � 6 ti0�5 oGM' MHO C��Y IN WITNESS WHEREOF, the undersigned Grantors have jointly and severally executed this instrument in the manner prescribed by law, as of the day and year first above written. CB MARINA, LLC r By: (SEAL) Vincent Olivadese, Member and Manager NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Vincent Olivadese, Member -Manager. Date: 2015 =z nand :y= [OtFICIALiKAJ ;a he nNf o�9!r,¢AJ 5 Notary's Printed or Typed Name My c6n}mg}Qr1�(z�s: l RECEIVED NOV l g 2015 DCM- MHD CITY DCM WILMINGTON, NC 0CT2°2015 n o n m v N 0 0 Gsl ILLUSTRATION PURP05E5 ONLY TO 13E USED FOR REAL ESTATE M4 SALE9 OR CONVEYANCE i e �% N8755'09S c 9022, I t 7172' I W^/ I ,IJL I V J N67'55130'E 112 26' \ V J \ m x D Z .Q INLAND MARDOUK ` D p CONDOMINIUMS, PMA5E I co D N8T53'38'[ f 12 26' r p COMMON ARCA C O CONDO BOOK 6 PAC,[ 185 r L �x xD O m m p Do z ^LEES LN NOT OPEN) PAP eY L UNDERWDW AND AD80CIATeS PA _ NGM DRP2, SUM C WILMINGfON, NC 28W3 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ♦11Rf If Rltff IIR111ff1f if RffflflfMflRfff Rt11t1f1tRRRliflfi}ff ffi ifflffl11111f1ff##111i#f#f#Ritltif iif R1f111ffffl Rf if#1f# Filed For Registration. 0312012015 11:53:59 AM Book: RE 5875 Page. 904-909 Document No.. 2015007453 6 PGS $26 00 Recorder. CRESWELL, ANDREA State of North Carolina, County of New Hanover Reproduced image reflects Condition of ongmal document RECEIVED NOV 16 2015 PLEASE RET60 1.I1 1 ' 1 10W` TRAILER PAGE WITH ORIGINAL DOCUMENT. DCM- [� *2015007453* 2015007453 \Tt)'1'It01$1 LAMA PERMIT APPLIED FOR PROJECT: proposes to develop a 36-unit condominium COMPIOX With amenities, a bulkhead, boat basin and do king facility a New Hanover County. COMMENTS ACCEPTED THROUGH ROU; December APPLICANT: Mr RohertHuth Holdengs, Market Wilmington, NC I Agent: Charles Poindexter 7923 Reunion Rd., Wilm 28411 (910) 620-4672 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7423 Environmental Quality November 6, 2015 Mr. Robert W. Huth c/o HDI Holdings, LLC 5929 Market Street Wilmington, North Carolina 28405 Dear Mr. Huth: PAT MCCRORY Governor DONALD R. VAN DER VAART secretory The Division of Coastal Management hereby acknowledges receipt of your application for the proposed development at your property located at 402 N. Lake Park Blvd, adjacent to Myrtle Grove Sound, in Carolina Beach, New Hanover County. It was received as complete on October 26, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 11, 2016. An additional 75-day review period is provided bylaw 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 October 26, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies fortheir comments. If additional information is required based on this review, the agencies may contact you directly. Sin b Mairs Field Representative cc: Doug Huggett, Heather Coats and Debra Wilson, DCM Tyler Crumbley, USACE Jeremy Hardison and Brian Stanberry, Town of Carolina Beach Charles Poindexter, Agent Kimberly Gamer, Wells Construction RECEIVED Nov 16 2015 nothing Compares_ HD CITY State of North Carolina I Environmental Quality DCM- M 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-86M PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 9, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo • Mark Clements / PN Co. • Mark Lewis / PN Co. • HDI Holdings LLC / NH Co. Kyle & Heather: Please publish the attached Notice in the Thursday, November 12, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment Management, 127 Cardinal Drive Extension, Wilmington, (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. to Shaun Simpson at the NC Divison of Coastal NC 28405, 910-796-7226. Paying by Credit Card Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, ¢� ' 1' Shaun K. Simpson NC DEQ - M Permitting Support & Customer Assistance 127 Cardinal Drive Ext. Wilmington, NC 28405 cc: WiRO; Michele Walker- DCM Heather Coats-DCM; MHC-DCM RECEIVED Tyler Crumbley - USACE NOV 16 2015 !"'Nothing Compares DCM- M H D CITY State of North Carolina I Environmental Quality 1601 Mail Service Curter � Raleigh, North Carolina 27699-1601 919-707-8600 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA in Pender County: On November 4, 2015, Kings Landing Villas HOA, Inc. proposed to expand the existing docking facility at 202 Kings Landing Court, adjacent to the AIWW, in Hampstead, and on November 6, 2015, Mark Lewis proposed to install a private docking facility at 822 Carolina Blvd, adjacent to Topsail Sound, in Topsail Beach. In New Hanover County on October 26, 2015, HDI Holdings, LLC proposed to develop a 36-unit condominium complex with amenities, a bulkhead, boat basin and docking facility at 402 N. Lake Park Blvd, adjacent to the Carolina Beach Yacht Basin /Myrtle Grove Sound, in Carolina Beach. Copies of these applications can be examined or copied at the offices of Jason Dail (PN Co.) or Robb Mairs (NH Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 3, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 16 2015 DCM- MHD CITY MAJOR PERMIT FEE SCHEDULE C' Pelican Point / New Hanover/$400 DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED NOV 16 2015 DCM- MHD CITY DENR CAMA DailyCheck Log for WIRO Date I Received Date Deposde of I Check From (Name) Name of Permit Holder Vendor Check I Number Check amount PermHNumber/Comments Receipt or RefunctReallocated 10120/2015 10/21/15 1 Dr. Jeff Morison same 10/20/2015 10/23/15;;Antinoi Construction Inc Roger Lewis _ _ --_-- 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC _Ken Kiser ICresCom 10202015 10/21H 5 Custom Islantl Homes by Ken Kiser LLC Ken Kiser _ _ CMCom 1020I2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser ___ ,CresCom 10120/2015 10/21/15 Custom Island Homes by Ken Kiser LLC _Ken Kiser 16/21/2015_ 10/23/15 Money Order for Brandon Grimes Scott Pindell 10/21/2015 10/23/15 Money Order for Brandon Grimes _Scott Pindell 10/212015 10/23/15 Clements Marine Construction Inc Vern Hawkins _ 10212015 00/23/15 Ocean's Edge Ventures LLC Margaret AnnMaida, LT 10/222015 10/23/15 TRCK same iSB 102220151 1023/15 Town of North Topsail Beach same _ 10222015 Allied Marine Contractors LLC _Becky OlbryUl _ -- 10232015 _ Grice Construction Barry_.Wishon 1023l2015 Holden Docks --a-Bulkheads Bulkheads John Kozak _ _ 10/23/2015 JRW/RDW Irw _'Rick West _ 10/23/2015 Live Oak Enterprises Inc (Future Homes) '.Carty Norris 10/26/2015 HIM Holdings, LLC Robert Huff 10/26/20151 Clements Marne Construction Inc Jam Properties_ 10/26/20151 Live Oak Enterprises Inc (Future Homes) Dowell Gray Jr _ _ _ 10/27/2015 ANA Builders Inc Karen Hartman _ 10/27/2015 Chores Riggs 8 Assoc. Charles F. Riggs 10/27/2075 David Lee Builders Inc � Warren Bell First Citizens Bank 10494 $400.00 GP 65164D �A _ 3890 $400.00 GP 64767D+GP 66165DQ$200 JD rat. 0303D - Bank 3844 $400,00 major fee, 7404 E. Beach Dr. O1 BrCo PH rct. 1134D Bank _ 3845 $400.00 major fee, 7408 E. BeaU Dr. OI BrCo PH rat. 1135D Bank I 384fi $400 00 major fee 7408 E. Beach Dr. OI BrCo PH rct. 1138D CreaCom Bank _ 3847 $400 00 major fee 7410 E. Beach Dr._OI BrCo _ PH rct- Wells Fargo Bank 59183420318 $400 00 GP 66167D @$600 _ _ JD rot. 0320D Wells Fargo Bank 59183420329 $20000GP 66167D Q$600 JD rct. 0320D F�itizens Bank __ 3933_ $250.00 major fee, 202 Kings Lnding CL Hemp P PH rd. 1138D BIB V _ 6777 $600.00 GP 66131 D HS rot. 09ND &T 1529 $100.00 renewal fee, MP 67-07 RM MIL 0370D First Citizens Bank - _— _ 40151 $400.00 GP 66110D _ JD ML0322D BofA- 7923 $400.00 GP 64772D JD rct. 0321D BB &T 10616 $400.00 GP 66132D HS rct. 0981D CresCom Bank _ - _ 2286 $200 00 GP 66135O HIS MIL 09830 First Bank _ 1180 _ _ $20000 GP 66133D HS ML 0982D BB &T _ 35653 t, $100 00 minor fee. SC 15-21 PNCo JD rot. 0323D First South Bank 10171 $400 00 major fee, 402 N. Lake, CB NHCo _ P_H rcL 1143D First Citizens_ Bank _ 3938' $400 00 GP 661SOD +GP 66161D @$200 ea. RM rot 0371D BB &T 35652 $100.00 minor fee, 8708 3rd St NTB Ong PH rct. 1139D First South Bank 8324 $100.00 minor fee, 3693 Island Dr. NTB Ong PH rct. 1140D First Citizens Bank 14231 $100.00 minor fee, 111 Topsail Rd, NTB Ong PH rct 1141D B of A 20388 $100 00'minor fee, 410 Everyn Ln. TB PN PH rct 11420