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HomeMy WebLinkAbout131-83 TX Masonboro Boatworks LLCPermit Class Permit Number TRANSFER 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 y at excavation and/or filling pursuant to NCGS 113 229 Issued to MansborotBoatworks: LLC.'690 Trails End Rr.ad_(Wilminntnn_ Nr 2uana Authorizing development in New Hanover County at Whiskey Creek as requested in the permittee's application letter dated 4120/05 This permit, issued on .Tune 7 2005 , 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 tic buuJcct ru ants, imprisonment or civu action; or may cause the permit to be null and void. 1) This transfer must be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. Permit 131-83, issued to E.G. Lowe (for Masonboro Boatyard and Marina, Inc.) on 9/13/83 b. The minor modification of 8/13/84, 11/14/84, and 2/10/86 c. The renewals 2/15/88, 4/3/89, 3/i/90, 3/6/91, 3/17/92, 4/8/93, 4/7/94, and 4/25/95 d. The 9/5/95 minor modification e. The 3/31/97 renewal f. The 11/18/97 minor modification g. The 4/16/99 renewal h. The 5/31/01 renewal. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active permit remain in force. finis permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on April 30, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit # I S I - S3 DCM Coordinator: L.IWe� n/1MAILING DISTRIBUTION: Permitee: /' t_ZMU7ro 4t`Y "'PrU ✓ nlwops LLGt oo Agent: DCM Field Offices: Elizabeth Ci Morehead Ci as in n ilmin to US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Wilmington: ve I-L (NC OT) envy Wicke�J Others: Cultural Resources: Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: Water Resources: Wildlife Resources: LPO: Renee Gledhill -Early Terry Pierce Mike Street Ken Pace Patty Fowler Joseph Henderson Cyndi Karoly (for non -DOT) John Hennessy (NCDOT) John Sutherland Maria Tripp Bennett Wynne David Cox (NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City (252/264-3723) Morehead City (252/247-3330) Washington (252/948-0478) Wilmington (910/350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252/975-1399) Wilmington: Dave Timpy (NCDOT) Henry Wicker (910/251-4025) �q A4 a syt� CAMA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WnMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: June 15, 2005 Regulatory Division Action ID No. 198300193 and State Permit No. nT-9 — E.Q. Lowe Masonboro Boat Yard and Marina, Inc. 609 Trails End Road Wihnington, North Carolina 28401 Dear Madam or Sir: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to transfer E.G. Lowe for Masonboro Boatyard and Marina, Inc. Department of the Army (DA) permit which was issued on June 7, 2005, which authorized maintenance of marina facilities off the Atlantic Intracoastal Waterway (AIW W) near Wilmington, New Hanover County, North Carolina. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The pen -nit is hereby transferred. It is understood that all other conditions of your permit remain applicable (copy enclosed). If you have any questions or comments you may call me at (910) 251-4930. �Sincerely, _ �j � ' `'mil Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure I Copies Furnished Without enclosure: Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 20910-3282 rA4r. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 2 it MASONBORO BOAT YARD AND MARINA, INC. • a 609 Trails End Road, Wilmington, N.C. 28409 • Phone (910) 791-1893 • Fax (910) 791-9777 June 14, 2005 NCDENR North Carolina Department of Environment and Natural Reso kes Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Sir or Madam: Please he advised that there is a typographical error on the permit transfer that has just beenpFocessed. The address for Masonboro Boatworks LLC is 609 Trails End Road and not490 Trails End Road. Please make the change to your records. Sincerely, vV Rain�lliams General Manager Permit Class Permit Number TRANSFER 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources O py and Coastal Resources Commission Vermit 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 Mansboro Boatworks, LLC, 690 Trails End Road Wilmington NC 28403 Authorizing development in New Hanover County at Whiskey Creek , as requested in the permittee's application letter dated 4/20/05 This permit, issued on .Tune 7, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This transfer must be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. Permit 131-83, issued to E.G. Lowe (for Masonboro Boatyard and Marina, Inc.) on 9/13/83 b. The minor modification of 8/13/84, 11/14/84, and 2/10/86 c. The renewals 2/15/88, 4/3/89, 3/l/90, 3/6/91, 3/17/92, 4/8/93, 4/7/94, and 4/25/95 d. The 9/5/95 minor modification e. The 3/31/97 renewal f. The 11/18/97 minor modification g. The 4/16/99 renewal h. The 5/31/01 renewal. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. in accepting this transfer, the new premittee agrees that all conditions and stipulations of the active permit remain in force. t nts permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on April 30, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 Masonboro Boatworks, LLC 690 Trails End Road Wilmington, NC 28403 Dear Sir or Madam: 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. Please sign both the original (buff - colored form) and the copy. 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. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is 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 Sincerelyy,®, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper 10:30 9107919777 MASONBORO BOAT YARD PAGE 02 A Al 609 'bails End Road, Wilmington, N.C. 28409 • Phone (910) 791.1893 • Fax (910) 791-9777 June 14, 2005 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Sir or Madam: 44 Please be advised that there is a typographical error on the permit transfer that has just been processed. The address for Masonboro Boatworks LLC is 609 Trails End Road and not 690 Trails End Road. Please make the change to your records. ely, Raine Williams General Manager W L'0�- 02/27/2006 10:30 9107919777 MASONBORO BOAT YARD PAGE 01 6o9 Trolls End Rd Wilmington, NC 28409 Phone: 91o.791.1893 Fax: 910.791.9777 Email: rain@masonboro.com Masonboro Boatworks, LLC dba Masoubaro Boat Yard FAX TRANSMITTAL FORM To: Ri r A (A)e.o.A)A+- From: Refine Wllllems Name: Phone: 910.791.1893 Organization Name/Dept: Fax: 910.791.9777 CC: Email: Phone number: raine®masonboro.COm Fax number:. Urgent Date sent: 0 2— 7-7 p 6 For sent: or Review Number of pages including cover page: Please Comment Please Reply Message: Permit # I31- P DCM Coordinator: L ILING DIISTRI""BUTION: Permitee: ASunb�ro VJD�v�Otiy L�0 JAL 0!11;Wm( 6g0IPwi,s End I' ) j.�Ml � /)C,2 O3 Agent: DCM Field Offices: .Elisabeth-Cit�r Worpsof US Arers (USACE): Washington: MikeBell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Wilmington: ave-TimP3r (NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill -Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: Cyndi Karoly (for non -DOT) John Hennessy (NCDOT) Wildlife Resources: Maria Tripp ...lo"ewYhitli"lte S+eJL Fvtrhktf David Cox (NCDOT) Travis Wilson (NCDOT) LPO: FACING DISTRIBUTION: Permitee Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington (252/948-0478) Wilmington (910/350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252/975-1399) Wilmington: Dave Timpy (NCDOT) Henry Wicker (91N251-4025) CANIA Major Permit Process Manual Page 70 of 70 . • 1 e. , WNW North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director 11 Resources William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett p DCM - Major P rmits �p /A��,� z FROM: Robb Mairs/G"" l fD t DCM - Wilmington CL -' THRU: Jim Gregson o_ (__ DCM Wilmin n 1 RE: Permit Transfer - CAMA Permit # 131-83 0 Masonboro Boat Yard & Marina, Inc. c/o Ed Lowe New Hanover County DATE: May 9, 2005 Mr. Frank H. Sheffield, Jr., member of Ward and Smith, P.A., is requesting a transfer of Permit # 131-83 to Masonboro Boatworks, LLC. State Permit #131-83 was issued to Masonboro Boat Yard & Marina, Inc. on September 13, 1983 for a commercial marina facility at 609 Trails End Road, in Wilmington, New Hanover County. The permit was modified on November 18, 1997 to stabilize the shoreline of the marina, and received Maintenance Clause and the 11 h renewal on May 31, 2001. The permit is set to expire on April 30, 2006. Mr. Sheffield states that the transferred permit will be used for the purposes for which it was issued; that there will be no substantial change in the conditions, circumstances, or facts affecting the project; and the transferred permit will not result in substantial change or modification of the project as proposed in the original application or the subsequent applications for modification. The applicant has submitted a check (ck. # 101108) in the amount of $100.00 for the transfer request, as well as a copy of the deed to the property. This Office has no objection to the permit transfer request. Enclosures cc: WiRO files Doug Huggett Henry Wicker 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://www.nccoastaimanagement.net An Equal Opportunity \Affirmative Action Employer- 50% Recycled \10% Post Consumer Paper WARD AND SMITH, P.A. ATTORNEYS AT LAW April 20, 2005 Mr. Charles Jones Director Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 RE: CAMA Major Development Permit No. 131-83 Our File 04046 1 -0000 1 -001 Dear Mr. Jones: a� r, FRANK H. SHEFFIELD, JR. (252) 672-5507 Fax (252) 672-5477 fhs@wardandsmith.com �r�� I fir'?? 2005 II� COAST OF AL OF We are writing on behalf of our client, Masonboro Boatworks, LLC, to request that CAMA Major Development Permit No. 131-83 ("CAMA Permit") be transferred from Masonboro Boat Yard & Marina to Masonboro Boatworks, LLC. We enclose a copy of a deed demonstrating that Masonboro Boatworks, LLC has the sole legal right to develop the project authorized by the CAMA Permit. Masonboro Boatworks, LLC will use the CAMA Permit for the purposes for which it was issued. There has been no substantial change in conditions, circumstances, or facts affecting the project. Further, there will be no substantial change or modification of the project as proposed in the original application. Finally, we enclose our firm's check in the amount of $100.00 for your permit transfer application fee. Please contact us with any questions or comments you may have regarding this matter. Yours very truly, (\�Frank H. Sheffield, Jr. 1001 COLLEGE COURT PO BOX 867 NEW BERN, NC 28563-0867 GREENVILLE NEW BERN RALEIGH (252) 215-4000 (252) 672-5400 (919) 8364260 WRMNGTON (910)794-4800 FRANK H. SHEFFIELD, JR. (252) 672-5507 Fax (252) 672-5477 fhs@wardandsmith.com �r�� I fir'?? 2005 II� COAST OF AL OF We are writing on behalf of our client, Masonboro Boatworks, LLC, to request that CAMA Major Development Permit No. 131-83 ("CAMA Permit") be transferred from Masonboro Boat Yard & Marina to Masonboro Boatworks, LLC. We enclose a copy of a deed demonstrating that Masonboro Boatworks, LLC has the sole legal right to develop the project authorized by the CAMA Permit. Masonboro Boatworks, LLC will use the CAMA Permit for the purposes for which it was issued. There has been no substantial change in conditions, circumstances, or facts affecting the project. Further, there will be no substantial change or modification of the project as proposed in the original application. Finally, we enclose our firm's check in the amount of $100.00 for your permit transfer application fee. Please contact us with any questions or comments you may have regarding this matter. Yours very truly, (\�Frank H. Sheffield, Jr. 1001 COLLEGE COURT PO BOX 867 NEW BERN, NC 28563-0867 GREENVILLE NEW BERN RALEIGH (252) 215-4000 (252) 672-5400 (919) 8364260 WRMNGTON (910)794-4800 WARD AND SMITH, P.A. Mr. Charles Jones April 20, 2005 Page 2 FHS:rlc NBMAIN\619987\1 Enclosures cc: Masonboro Boatworks, LLC F. Donald Nelms, Jr., Esq. 2005016UII�I�I��II�SI�III�N�IIRIII�IIiIi� FOR REGISTRATION REGI5TER OF DEEDS REBECCA P. SMITH NEW NANOVER COUNTY, NC 2005 APR 01 10:49:31 Al BK:4740 PG:626-629 FEE:END INSIMI # RO591E DEED Parcel: R07214-002-001-000 Revenue Stamps: $0.00 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED, made and entered into this the 31" day of March, 2005 by and between MASONBORO BOAT YARD, INC., a North Carolina corporation, party of the first part; and MASONBORO BOATWORKS, LLC, a North Carolina limited liability company, having an address of 609 Trails End Road, Wilmington, North Carolina 28409, party of the second part; WITNESSETH: That the party of the fast part in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the party of the second part, said party's successors and assigns, the following described property, to wit: Prepared by WARD ARID Swm, P.A., 127 Racine Drive, PO Box 7068, Wilmington, NC 28406-7068 Please return to WARD AND Smm, P.A., 127 Racine Drive, PO Box 7068, Wilmington, NC 28406-7068 Attention: W. Daniel Martin, III No opinion on title is rendered by WARD AND Smartt, P.A., without a separate written opinion on title from WARD Arm Sm mL P.A. All that tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described as follows: Being all of Lot "B" as shown on a map entitled "Masonboro Yacht Club and Marina and Masonboro Boat Yard" recorded in Map Book 39, at Page 108 of the office of the Register of Deeds of New Hanover County, North Carolina, reference to which map is hereby made for a more particular description; together with any improvements located thereon. This conveyance is made subject to that Deed of Trust, Assignment of Rents and Security Agreement, recorded in Book 4279, at Page 4, office of the Register of Deeds of New Hanover County, North Carolina; and that Deed of Trust, recorded in Book 4279, at Page 45, office of the Register of Deeds of New Hanover County, North Carolina, both of which deeds of trust the party of the second part, by accepting this deed, assumes and agrees to pay. This conveyance is made subject to easements of record or on the ground, restrictive covenants of record and ad valorem taxes for the current year which taxes the party of the second part, by accepting this deed, agrees to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns forever. And the party of the first part covenants that said party is seized of said property in fee and has the right to convey same in fee simple; that the same is free from encumbrances except any encumbrances or restrictions mentioned above and that said party will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY VVHEREOF, the party of the first part has caused this instrument to be executed in such form as to be binding, this the day and year first above written. MASONBORO BOAT YARD, INC., a North Carolina corporation By: . Lindsay Eflaz President 2 STATE OF NORTH CAROU NA COUNTY OF NEW 04rlO VEp- L i ; m ot6y 14• /,o4 I fees , a Notary Public in and for said County and State, do hereby certify that J. Lindsay Efland, III personally appeared before me this day and acknowledged that he is President of MASONBORO BOAT YARD, INC., a North Carolina corporation, and that he, as President being authorized to do so, executed the foregoing on behalf of the corporation. e ,,q W3 �ITNESS my hand and notarial seal, this the day of / ► O� C % 2005. Notary Public My Commission Expires: a ?7 AW& Notary seal or stamp must appear within this box. 3 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 041011200510:48:31 AM Book: RE 4740 Page: 626-629 Document No.: 2005016386 DEED 4 PGS $20.00 Recorder: ANDREA FULFORD ........... State of North Carolina, County of New Hanover The foregoing certificate of TIMOTHY A WALTERS Notary is certifled to be correct This 1 ST of April 2005 REBECCA P. SMITH, REGISTER OF DEEDS YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2005016386* 2005016386 Mass Permit Number �a" LZENEWAL 3t83 ;'` 4TENANCE 5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and da rl Coastal Resources Commission 'VLrmttd 'are. �� P���<, for �. ��9 1,4` X Major Development in an Area of Em ironm tt Con �esir� pursuant to NCGS 113A-118 i tJ X Excavation and/or filling pursuant to NCGS 113-229 Issued to Masonboro Boat Yard & Marina, 609 Trails End Road Wilmington NC 28409 Authorizing development in New Hanover County at Whiskey Creek ,as requested in the permittee's application dated letter dated 4/4/01 including attached workplan drawing (1) dated 4/4/01 This permit, issued on May 31, 2001 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and vnid_ 1) This renewal must be attached to the original of Permit No. 131-83, which was issued on 9/13/83, as well as all subsequent, modifications, refinements and renewals, and all documents must be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal unless modified herein. 3) As stated in the original permit, in order to protect juvenile shrimp populations, no excavation or filling will 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 Division of Marine Fisheries. (See attached sheet for Additional Conditions) . . 1"'...,. a ay �c ayYcamu uy we perImuee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on April 30, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. stgneo oy the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v D nna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Masonboro Boat Yard & Marina 4) Permit #131-83 Page 2 of 2 - . ADDITIONAL CONDITIONS Maintenance Clause The Division of Coastal Management, Wilmington District Office, shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. W _ S W `a o a z O 4C C� Permit Class TRANSFER Permit Number 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 NCGS ,113-229.,-, Issued to ME in, Authorizing development in New Hanover County at Whiskey Creek , as requested in the permittee's application letter dated 4120/05 This permit, issued on .Tune 7, 2005 , 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 tic suoJecr ro nnes, imprisonment or civil action; or may cause the permit to be null and void. 1) This transfer must be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. Permit 131-83, issued to E.G. Lowe (for Masonboro Boatyard and Marina, Inc.) on 9/13/83 b. The minor modification of 8/13/84, 11/14/84, and 2/10/86 c. The renewals 2/15/88, 4/3/89, 3/l/90, 3/6/91, 3/17/92, 4/8/93, 4/7/94, and 4/25/95 d. The 9/5/95 minor modification e. The 3/31197 renewal f. The 11/18/97 minor modification g. The 4/16/99 renewal h. The 5/31/01 renewal. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active permit remain in force. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on April 30, 2006 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Chdrles S. Jones, Direct Division of Coastal Managem This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature r