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HomeMy WebLinkAbout67-15 Futch, Kennethenntt Class i Permit Number NEW 67-15 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 I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kenneth W. Futch, 6101 Sidbury Road, Castle Havne, NC 28429 Authorizing development in Pender County at Deep Bottom Branch of Mill Creek, Topsail Sound Lot 6 Deerfield S/D , as requested in the permittee's application dated 1/26/15 (MP-1) and 2/13/15 (MP4), includinc the attached workplan drawings (2), both dated 3/24/15 This permit, issued on .Tune 17, 2015 , 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 De suDJect to Tines, imprisonment or civil action; or may cause the permit to be null and void. Observation Platform 1) Unless specifically altered herein, this permit authorizes the observation platform and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this observation platform without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirenf&Wfflib abandons the permitted activity without having it transferred to a third party. JUN 2 4 1015 (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2018 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. i Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Kenneth W. Futch Permit #67-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) 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. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 5) 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. 6) This permit does not authorize any formalized boat slips. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the 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. 8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 9) 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: 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0316. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00808. NOTE: An application processing fee of $250 was received by DCM for this project. Permit Class cNEW Permit Number 67-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental. Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kenneth W. Futch, 6101 Sidbury Road, Castle Hayne, NC 28429 Authorizing development in Pender County at Deep Bottom Branch of Mill Creek, Topsail Sound Lot 63 Deerfield S/D , as requested in the pdrmittee's application dated 1/26/15 (MP-1) and 2/13/15 (MP-4), including the attached worknlan drawings (2), both dated Y24/i 5 This permit, issued on .Rine 17, 2015 , 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. Observation Platform 1) Unless specifically altered herein, this permit authorizes the observation platform and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this observation platform without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2018 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Kenneth W. Futch Permit #67-15 Page 2 of 2 AIDDITIONAL CONDITIONS 3) 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. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 5) 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. 6) This permit does not authorize any formalized boat slips. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the 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. 8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 9) 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: 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0316. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00808. NOTE: An application processing fee of $250 was received by DCM for this project. DCM MP-1 RECEIVED APPLICATION for MAR 24 HIS bliY Major Development Permit r'rlf/ AM i'IN (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information kA' Business Name Project Name (if applicable) Applicant 1: First Name K C-A.l•v L+k- MI 1r�• Last Name (— CA C�\ Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address o-i S cd,b n --t2 PO Box City State ZIP Country r,4 41W' iz Phone No. FAX No. (; I 5N7ext. - Street Address (if different from above) City State ZIP Email LA— e 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # - Street Address (d different from above) City State ZIP Email RECEIVED <Form continues on back> DCM WILMINGTON, NC 15 252-808-2808 :: 1-888-41RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # P &GL I (�'-1 Subdivision Name nq / �[J City State Zip LCtt�t i t /yl 5 i e Ad Abf. Phone No. Lot No. (a) (Bmany, attach additional page with list) ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project GA Pr t \-AA;L 2. 4cg- 1 tc o_0&-LAAJeA c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. I2flatural ❑Manmade ❑Unknown —Ti, C.4AI !X e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes 1; W6 work falls within. ti A 4. ' Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq..ft..) 162 t (!�' Z) LI( c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL'L (normal water level) (if many lot sizes, please attach additional page with a list) 7 -. O kVNHW or ❑NWL e. Vegetation on tract I. Man-made features and uses now on tract p U M P 1 I —G9�N0. g. Identify and describe the existing land uses adiacent to the proposed project site. -r-o 1-1, r I e -P T N w us c_ 0, Doc -A< _17L> V-h c lit nti. - U M GILI o �o-c J I t4 n/ ci i L.RcI G h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? '7 ILfS iG a -xi r°t ( (Attach zoning compliance certificate, if applicable) ❑Yes []No ❑W1r j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Pwo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No [2KA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Oflo ❑NA National Register listed or eligible property? <Form continues on next page> Rf—uEIVEO DCM WILMINGTON, NC MAR 0D2a15 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? Des ❑No (ii) Are there coastal wetlands on the site? 0 res ❑No RECEIVED (111) If yes to either (i) or (ii) above, has a delineation been conducted? Elves URZ (Attach documentation, if available) MAR 2 4 2015 n. Describe existing wastewater treatment facilities. ,,.y. NoLJe, o. Describe existing drinking water supply source. fM UW I L i ( W,4Ttn— p. Describe existing stomr water me gnement or treatment systems. 0 TIR 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government rp4 a VHTe_ BPrvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. �- c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. it j' L # 7z Uuc-- 4?.x/6i . d. List all developniefit activities you propose. pnI rr c: e— itit e. Are the proposed activities maintenance of a existing pro4jed,4n2ewLWork, or both? f. What is t`1he'approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ®Atlres YK V`Y g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes 2110 ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. �) lip I. Will wastewater or stornwater be discharged into a wetland? ❑Yes []No MNA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No .DNA j. Is there any mitigation proposed? []Yes []No 210- If yes, attach a mitigation proposal. D DCM WILMINGTON, NC <Form continues on back> .,- MAR 0 Dula 252-808-2808 .. 't-888-4RCOAST .. www,nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) RECEIVED APPLICATION for MAR 2 4 2015 Major Development Permit w-r.,, 1111n r Oy' 6. Additional Information In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 02 yam., Atli O vJfL Phone No. Address ( S {wNG tt t UG G i7il t Vji 9rn' A/C' 456gO Name Phone No. Address Name - 7;) rn(Y% 01 } 7 ' Phone No. Address 116-64 1 1 f t TAl INA M tit, f LA I -Q 61,k A/-C - R-1 G `i 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.O.S. 113A 1-10), If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 I 36-- a O ff Print Name VeAJA10kk IA/. l- uTch Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts OOM WILMINGTON, NC ❑DCM MP-3 Upland Development C96CM MP-4 Structures Information MAR 0 LU19 252-808-2808 :: t-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED MAR 2 4 10n ^OM-MHfI ta" 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 ❑u? Public/Government rnvate/Community El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes 211,1 c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes 2116 (ii) Number —L If yes: r (iii) Length (ii) Number (iv) Width (iii) Length — (v) Floating ❑Yes J�feo IN) Width — (v) Floating ❑Yes ❑No e. (i) Are Platforms included? XYes Will f. (i) Are Boatlifts included? []Yes LJW If yes: If yes: (ii) Number (ii) Number (iii) Length ( `r (iii) Length — (iv) width 6' (iv) Width — (v) Floating ❑Yes Note: Roofed areas are from dripfine dimensions. calculated g. (i) Number o s pLo➢1)setl h. Check all the types of services to be provided. _Q �/���� ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slip4 existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel — 5JMen water; no dredging required []Other; please describe: k. Typical boat length: I. (1) Will the facility be open to the general public? []Yes PM6 m. (i) Will the facility have tie pilings? ❑Yea 2W RECEIVED (it)Ifyes number oftie pilings? DCM WILMINGTON, NC MAR 0 5 iuia 252-808-2808 :: 1-888-4RCOA5T :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS L? is section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ? :7 V FD ❑ Showers 7�1§ ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h Give the number of channel markers and 'No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC ❑Yes []No MAR 0 5 L015 252-808.2808 :: 11-8884RCOAST +: vvvvvv.nccoa staimana_ement. not revised: 12/27106 Form DCM MP-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? MAR 2 4 2015 ❑Yes Eg o :nr+rnr unng bliw o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), 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 marina/docking facility located within or within close proximity to any shellfish leases? []Yes 01C0 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lfRs) his section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑PublidGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) his secfon not applicable I a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) O is section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS P,7M section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEfVEID DCM WfLMtWTON, NC tJIAR u 5 2615 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement. net revised: 12127+06 Forth DCM MP-4 (Structures, Page 4 of 4) Proximity of structure(s) to adjacent riparian property lines J4 c7 I Note: For buoy or mooring piling, use arc of swing including length of vessel. c. water body Width f t r e. (i) Will navigational aids bE required as a result of the project? ❑Yes ❑No (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. < /no I d. Water depth at waterward end of structure at NLW or NWL 12 If RECEIVED MAR 9 4 7.015 M4W' mn4 b"' 8. OTHER ❑This section not applicable a. Give complete description: Z- Date Do c /� Project Name k 6 - i. ICu cl1 Applicant Name >,u � \ at't' Applicant Signature RECEIVED DCM WILMINGTON, NC IIIAR 0 5 26115 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12127106 DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 17, 2015 Kenneth W. Futch 6101 SidburyRd. Castle Hayne, N.C. 28429 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. 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, Cl/ Dou as V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity/Affirmative Action Employer DCM Coordinator: N - ` Permit #: 6 I/ MAILING DISTRIBUTION SHEET %) Permitee: A, Pu,-k�L_ DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City f W to in gto S� US ACOE Offices: Washington: R Wilmington: Tyler Crumbley Cultural Resources: Renee Gledhill -Early o vironniental.review@ Public Water Supply: D ane J Williams LIYDW Joey White (WARD) NC DOT: Ken Pace% Shellfish Sanitation: Patti Fowler State Property: i aWal Water Resources: Washington: Anthony Scarborough Wilmington: J e Steenhu' — Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: is Dunn ARO) LPO: Fax Distribution: Permitee #: Agent #: RECEIVED 2. 3. 4. 5. 6. Q DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Kenneth Futch MAR 2 4 2015 r,(._ MM n. p;t6 LOCATION OF PROJECT SITE: Site is located at Lot 63 Creekview Drive East adjacent to Deep Bottom Branch of Mill Creek (also known as Batts Mill Creek) in Hampstead, Pender County Photo Index — 2006: 27-6597 N-12 2000: Not Available 1995: 26-319 D-17 State Plane Coordinates - X: 2390219 Y: 221659 GPS —O 030512A (uncorrected) Lat:34°21'08.17"N Long:77°42'26.00"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/7/15, 3/5/15 Was Applicant Present — Yes, No PROCESSING PROCEDURE: Application Received — 2/19/15 Complete — 3/6/15 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan— Pender County Land Classification From LUP — Residential, Resource Protection (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Planned- N/A (F) Type of Structures: Existing- Well pump house, private pier and retaining wall Planned- Install 2nd pier access for observation platform. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open Water) 584 (Shading) 64 (incorporated) (C) Other - Highground disturbance 777, (D) Total Area Disturbed: 648 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (Secondary Nursery Area) (F) Water Classification: SA-HQW Open: No PROJECT SUMMARY: The applicant proposes to install a second private pier access with observation platform in Deep Bottom Branch of Mill Creek. Kenneth Futch RECEIVED Page 2 9. PROJECT DESCRIPTION MAR 2 4 2015 r1PR^ MeiP CITY The project site is located at Lot 63 Creekview Drive East in Deerfield, adjacent to Deep Bottom Branch of Mill Creek located in Hampstead, Pander County. To locate this property, travel north on US-17 for approximately 11.5 miles and turn right onto Headwaters Drive. Travel approximately 0.8 miles to Overlook Drive and turn left. Take the next right onto Creekview Drive East and the subject property will be on the right in approximately 0.3 miles. Existing structures on the project site include a well pump house, retaining wall and private pier with observation platform. The project site is approximately 1.5 acres and is vegetated primarily with domestic grasses which transition into Coastal Wetlands consisting primarily of Black Needlerush (Juncus roemerianus) and Salt Marsh Cordgrass (Spartina altemiflora). The project site has approximately 162 feet of shoreline frontage along the Deep Bottom Branch of Mill Creek. The existing private pier consists of an existing access pier that extends into Deep Bottom Branch of Mill Creek measuring approximately 66 ft. in length by 6 ft. in width. The pier terminates in a "T" head fixed observation platform measuring approximately 16 ft. in length by 6 ft. in width running parallel to the shoreline. CAMA Permit No. 56681 D was issued on April 29, 2011 for the existing pier and observation platform. The Pender County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Resource Protection. The waters of Old Topsail Creek and the AIWW are classified SA -HOW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, but are designated as Secondary Nursery Area. These waters are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a second private pier with observation platform on the eastern side of the lot in Deep Bottom Branch of Mill Creek. The applicant states that a private pier, measuring 92 ft. in length by 6 ft. in width would terminate in a "T' head fixed observation platform measuring approximately 16 ft. in length by 6 ft. in width running parallel to the shoreline. (see Sheets 1-2 of 2)The proposed new pier and platform would not provide docking space for any vessels. (see Narrative). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 64 sq. ft. of Estuarine Waters and Pubic Trust Area and shade approximately 584 sq. ft. of Coastal Wetlands. The proposed structure would extend a maximum of 4 ft. into a waterbody which measures approximately 17' across. This distance would conform to both the '% width rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: March 20, 2015 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED 1) APPLICANT: Kenneth W. Futch COUNTY: Pender MAR 2 4 7015 PROJECT NAME: Futch Pier & Observation Platform W W W WAFIH Hw, LOCATION OF PROJECT: lot 63 Creekview Drive E., adjacent to Batts Mill Creek, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-5-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-25-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE:- I I MAIL OUT DATE: 3-20-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WUMINGTON FEE RECD: $250 END OF NOTICE DATE: 4-15-15 DEED RE 'D: ON: IAIK- 150 DAY DEADLINE: STATE DUE DATE: 4-15-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 3 1 N IS ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) 0.316 Storm Water Management(DEMLR) tl.h_,� ✓ State Property Office L0 3 - I S ✓ Division of Archives & History Division of Environmental Health ✓ Division of Highways 3 31 I S ✓ Wildlife Resources Commission �I- D- IS ✓ Local Permit Office • 3 a- r Division of Marine Fisheries / DCM N-7-6 Corps of Engineers S 1 " I D)5 0 808 V\,)S 4_11-15 ✓ Q,a 9CDE INR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary RECEIVED March 20, 2015 MAR 2 6 2019 Division of Coastal Management MEMORANDUM: DCM-Fisheries WARD TO: Shane Staples Fisheries Resource Specialist DCM - WaRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill creek, in Hampstead, Pander Co. Proposed Project: installation of a second private pier access with an- observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. r 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 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 9IM953964 Intemet: www.ncwasialmanagement.net An Equal OpporWnity 1 Affmtive Action Employer NOR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Kenneth W.Futch 6107 Sidbury Road Castle Hayne, NC 28429 Subject Property: Dear Mr. Futch: April 28, 2015 Donald R. van der Vaart Secretary DWR Project # 2015 0316 Pender County TH NOT Lot 63 Creekview Drive, Hampstead No written Concurrence Needed CA /f,1, PER (HOT' You have our approval, in accordance with the attached conditions and those listed below to construct an observation dock, as described in your CAMA application dated March 20, 2015 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on March 20, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. 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 General 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 on the following pages. 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 submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.gov An Equal Opportunity \ AlfirmariveAobron Employer- Made in part by recycled paper Kenneth W. Futch DWR Project 0 2O15 0316 April 28, 2015 Page 2 of 4 2. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 3. The permitee 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 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/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 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. 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 028. 0200 (3)(fj, and GS 143 Article 21 A] 7. 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)] 8. 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. Continuing Compliance:' 9. The applicant/permitee 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)] Kenneth W. Futch D W R Project N 2015 0316 April 28, 2015 Page 3 of 4 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http://portal ncdenr ore/web/w0/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H .0502 (e)). 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. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The. original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The.petition may be faxed -provided -the original and one -copy -of the document is received by -the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699.6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding Kenneth W. Futch DWR Project It 2015 0316 April 28, 2015 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the`Central Office in Raleigh at 919.807.6364 or by e-mail lennifer.Burdettetancdenr.go or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis(c ncdenr.gov. Sincerely, Joanne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3883 cc: Liz Hair- USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City —electronic copy Tara McPherson - DCM Wilmington WiRO i N'.HR 2 f Z}!5 NCDE l i�ruR c?aket,tart„Q J OFFICE North Carolina Department of Environment.arld Natural esoaree--------- Pat McCrary Donald R. van der Vaad Governor Secretary March 20,.2015 t% Division of Coastal Management MEMORANDUM: gg j TO: Renee Gledhill -Early Dept. of Cultural Resources ty.` Archives & History FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review "It'di, Applicant: Kenneth Futch Project Location: Lot 63 Creelrview Dr. E., adjacent to Batts, Mill Creel(, in Hampstead, Pen der Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed; project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 _tom ® DATE tiz Omi;ion if Crustal Manapment :;, i;,ar jlaal &i1vp� Fq, Wilnaigg ar.NC 28d05 Phone 816-798-1215 FAX 310-3V.6=M4 lnteme[i+rnvnv.nca7astaiman.aemen—In M kv', Irv:.; MAR, 2 7 2015 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTMMON OF: May 7, 2015 Regulatory Division Action ID No. SAW-2015-00808, General Permit No. 197800056 Mr. Kenneth W. Futch 6107 Sidbury Road Castle Hayne, North Carolina 28429 Dear Mr. Futch: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to install a second private pier access with an observation platform along Batts Mill Creek in Hampstead, Pender County, North Carolina. Coordinates are: 34.3522 N, - 77.7072 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North'Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on 23 March 2015, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECENED -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049 Since ly, aiz 'goegulatory anger Field Office Enclosure: GP 56 conditions Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 ®�,� M NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Steve West Environmental Engineer Public Water Supply °NISIMAR ? g ?015 wIRO oP r4y, �bl%c bya ers�ps Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Application Review Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 S f e LS� W N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX 910-395-3964 Internet. www.nccoastalmanagement.net APR 0 7 2M An Equal Opportunity 1 Affirmative Action Employer PARS! ryfwT �,� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO MAR 2 0 2015 Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 31ZA zo15 N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Interneti www nccoastalmanaoement.net APR 07 N An Equal Opportunity � Affirmative Acdon Employer 99"z 1! ?" r_Tv NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO =CEIVE MAR p p 205 Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: _,This agency has no objection to the project as proposed. 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 3 ` N.C. Division of Coastal Management RECEIVED 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net APR 0 7 yn'F An Equal Oppodunity 1 Affirmative Acfion Employer DC.rwynnu, NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 Division of Coastal Management MEMORANDUM: TO: Megan O'Hare LPO Pender County Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 3'2V/'�iO�Lj N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaciement.net An Equal opportunity 1 Afinnatve Action Employer li.r. pi 2:�b°M Pi( 0 t of ansoortatiI NO IMPn,� r7H Pat McCrory Governor 1TJEili 1P11iWgI11U A pcs 3 -21e � 15 ��i>� alSrtalr.Y NCDENR MAR 24 2015 North Carolina Department of Environment and Natural Resource Division of Coastal Management MEMORANDUM: Donald R. van der Vaart Secretary TO: Robert Vause NC DOT' Pender Co. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT- CAMA Major Application Review Applicant- Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECENED _This agency has no comment on the proposed project. MAR 31 2015 This agency approves of the project only if the recommended chanA` "11 ern' are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '"' " ` /' DATE N C. Division of Coaslal Management RECEIVED 127 Cardinal Drive EA, Wllmngion. NC 28405 DCM WILMINGTON, NC Phone: 970-798-72751 FAX 910.3953964 Internet= www-ncalastalrrnemem n�1 An Eeual Otpoaoniry � Aflvku eaction Empeyer MAR 3 0 2015 Pat McCrory Governor A REAM North Carolina Department of Environment and Natural Resource G. is.o3 . 21. of March 20. 2015 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / RECEIVED ✓ This agency has no comment on the proposed project. APR 0 6 2015 p4na-wrnd prny 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 I DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nocoastalmanagement.net An Equal Opportunity.\ Afirma5ve Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor March 20, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: :,This agency has no objection to the project as proposed. 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 d1 Q —0 -0 kk N.C. vision of Coastal Management �FcrvtD 127 Cardinal Drive Ext., Wilmington, NC 28405 APR 0 6 2015 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opporlunily 1 Alfirmadve Acton Employer DCM-MHD CITY J eja r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary RECEIVED March 20. 2015 MAR 2 3 2015 Division of Coastal Management DOA MEMORANDUM: STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Application Review Applicant: Kenneth Futch Project Location: Lot 63 Creekview Dr. E., adjacent to Batts Mill Creek, in Hampstead, Pender Co. Proposed Project: installation of a second private pier access with an observation platform Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by April 15, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. RECEIVED APR 1 s 206 �REPLY: This agency has no objection to the project as proposed. kA*W �d d k`+�� jt� ✓' This agency has no comment on the proposed project. RECEIVED —o O t' APR 13 %915 This agency approves of the project only if the recommended char are incorporated. See attached. `"'ry This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 J� N. . Division of Coastal Management 2 Division Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaQement.net An Equal Opportunity %Afirtnative Action Employer RECEIVED APR 13 2015 RECOMMENDATIONS FOR Kenneth Futch March 20, 2015 The total area of floating dock and platform was calculated as follows: Shoreline length = 160 ft. x 8 ft. = 1280 sq. ft. allowable RECEIVED Proposed fixed platform on second access pier = 16 ft. x 6 ft. = 96 sq. ft. MAR 2 4 7015 Existing fixed platform on constructed pier = 16 ft. x 6 ft. = 96 sq. ft. Total = 192 sq. ft. ena_mp+pav The second access pier and observation platform would not have any formalized boat slips. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the ''/, width rule, the eight square foot rule and the pier width rule. The proposed structures would be located over Coastal Wetlands and open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. 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. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. This permit does not authorize any formalized boat slips. At no time shall any vessels be moored or docked at the facility. The restriction of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED MAR 2 4 1015 C)(PKo:.0w k liY- TO CAMA THE DOCK AT LOT 63 CREEKVIEW DR ,DEERFIELD IS TO BE A OBSERVATION PLATFORM ONLY. SINCERELY KENNETH FUTCH RECEIVED DCM WILMINGTON, NC MAR 1 7 2�15 11 �M' 7y , •I' ,5 a Y I K 11 t � � ►1 r Tj At a kale: 1:60 RECEIVED �ena�er CaunfJr MAR 2 4 2015 - fjpryx-m,n t:ttY CeARet 5��ws �1J I)oc-k ��.�� u� `J-�,qcJ� Plfws� e XTenlcf cIOGIc —k)::) 2cACJ*- F K., (-►c2� F1Nt7t-I�.t-2 c-I o e.IL A � i�-c.4r� `; e� RECEIVED DCM WILMINGTON, NC MAR 0 5 2Ui5 LE" Tf� r NCDENR North Carolina Department of Environment and Pat McCrory Governor March 20, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Kenneth Futch Major Public Notice RECEIVED MAR 2 4 1015 Natural Resources Donald R. van der Vaart Secretary Team Kyle: Please publish the attached Notice in the Wednesday, March 25, 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 to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support &Customer Se 'ce Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N. C. Division of Coastal Management 127 Cardinal Drive 6d., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet: www.nccoastalmanagement.net An Equal opportunity 1 Affimiabve Acton Employer RECEIVED MAR 2 4 20b NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On March 5, 2015, Kenneth Futch proposed to install a second pier with observation platform at Lot 63 Creekview Drive E., adjacent to Batts Mill Creek, in Hampstead, gender County. A copy of the application may be examined or copied at the office of Tara Macpherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) 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 April 15, 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. MAJOR PERMIT FEE SCHEDULE Futch / $250 / Pender County ?FCE,VED MAR 9 4 2015 w,p.,"nu+ jfY 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, r 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: 5400 100% $400 0% (SO) III(C). If General Water Quality Certification No. 90 (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. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands and/or o en water areas: $475 600/6 $285 40% $190 DENR CAMA Daily Check Log for WIRO Data Check Check Received Check From (Name) Name ofPermH Holder Vendor Number amount Permit Number/Comments RefundNReallocated 3/2/2015 Pacula Builders LLC Roy Gilbert 8 Brenda Madison First Citizens Bank 11381 $600.00 GP 65079D 3/2/2015 Pacula Builders LLC Dennis Michael Security Savings Bank 18471 $400.00 GP 65102D @$200 Dennis Michael GP 65103D @$200 3/2/2015 David Lee Builders, Inc _ _ Edwards _ B of A _ _ 19918 $100.00 minor fee TB 15-03_ 3/3/2015 Carolina Marine Construction, Inc. John Clark First Bank _ 9496r--$400.00 GP 65093D 3/3/2015', East Coast Engineering 8 Surveying, P.C. Dinah Gore First Bank _ 1308 _$100.00 minor fee SB 15-01_ _ 3/4/2015 Hunter Development Corp. John Ledoux _ Yadkin Bank 22714 $200.00 GP 650376 _ 3/5/2015 Coastal Manna Pie_ rs Bulkheads LLC James Herren Wells Fargo Bank 20059 $100.00'renewal fee, MP 119-10 3/5/2015 Mark D. Kelly same _ _ PNC Bank 795 $200.00 GP 65121 D 3/6/2015 Lighthouse Marine Construction Inc Rick Rouse - B of A 5269 $600 00 GP 650350 3/6/2015 _Bruce Marek, P.E. Timber Creek HOA Wells Fargo Bank _ 1433 $400,00 major fee, Timber Creek, BHI, Br 3/6/2015 Kenneth W. and Be T. Futch same Alliance Credit Union 10240 $250.00 major fee RECEIVED NCDENR MAR 2 4 2015 North Carolina Department of Environment and Natural Resources DCM-PF4r5 e!fO Pat McCrory Donald R. van der Vaart Governor Secretary March 20, 2015 Kenneth Futch 6107 Sidbury Road Castle Hayne, NC 28429 Dear Mr. Futch: The Division of Coastal Management hereby acknowledges that on March 5, 2015 we received your completed application whereby you are requesting State approval for the development of property located at Lot 63 Creekview Drive East, adjacent to Deep Bottom Branch of Mill Creek (also known as Batts Mill Creek), in Hampstead, Pander County. The projected deadline for making a decision on your permit application is May 19, 2015. An additional 75- day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 5, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ,� Tara MacPherson Field Representative cc: Jonathan Howell, DCM Tyler Crumbley, USACE Megan O'Hare, LPO 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet www.nocoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer NOTI(woo1: CAMA PERMIT APPLIED FOR PROJECT- Applicant proposes to install a Lion Dint to Batts Mill Creek, in Hampstead, Pender Go. _ - April 15, 2015 U vLL ,6 APPLICANT: FOR MORE DETAILS CONTACT e - Nc-[Yw-'6If c6a9far mam9trMent USPS Tracking Intranet ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Product Tracking & Repc • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the T 1piece, %ionic Search Rep:%r or on the front if space permits. ,1 #4rticle Addressed to: RECEIVED LISPS Tracking Intranet � j p;Z C('W IZAe4N41 14 2015 //'_/Delivery Signattfre and Address l Iking Number: 7011 0110 0001 1461 6228 This item was delivered on 0210V2016 at 11:07:00 < Return to Trackine Number Yrew A. Sig f4 X \ ❑ Agent ❑ Addresses B. R �eiiad iPrin Name) C. Date of Delivery D. Is delivery abdreas HIM -rent from Sam 1? 17Yes If YES, "r d[e6rfac VLNJ! l: ❑ NO DCM WILMINGTON, NC il4t kouyZtticf LJLj- "'" MAR 0 5 2015 I 3. Service Type W t M 1 A) �`(� {ter . C - Certified Mail® ❑ Priority Mail Express- 1 ❑ Registered ❑ Return Receipt for Merchandise O� ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Fx6a Fee) ❑ Yes 2. Article(Titans r Number 7011 0110 0001 1461 6211 (rransler /rota service feoep r PS Form 3811, July 2013 Domestic Return ReceiptIL '.. ■V r • Signature 4W MAR 2 4 1015 IlL ry _._......----- ..__. .... Enter up to (0) Items separated by commas. r Postal • , Select Search Type: Quick Search _ v� Submit MAIL,. RECEIPT ru (Domestic Mail Only; No Insurance Coverage Provided) Product Track a L?FFICIAL USE A Postage $ ri p oe„lead Fee R C E I V EN D RECEIVED ReWmReceiptFee ILMIN,TN, NC [)cm NIILMINGTON, NC C3 (E♦Mors�e'ment ) NA:ne� Aan ea p (EndoreemantRequirad) M I R o 5 2015 MAR 0 rlt� l5 rq � NTotal Page a Fees .$ O rq ri O 34ivet, iipt"i�b L � I r" Gy ZI rr. https://pts-2.usps.gov/pts2-web/tclntranetTrackingNumResponse/deliverySignatureAndAddress?sigImageSeq... 2/9/2015 JCAMA/ ❑DREDGE & FILL RECEIVED NO. 60729 GENERAL PERMIT V Previouspermit# C 6FSI []New ❑Modification Ncomplete Reissue ❑Partial 14 1015 Date previous permit issued q_Z' As authorized by the State of North Carolina, Department of Environment a*NMrr*Y Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �-G�C7 ❑Rules hed Applicant Name c-tow`ifi \M1 ,!!__p,, I'�cy U " Address 't7 1 `7i,4Y tlt+f & City_ . A` Ttf 6 a( StateN(I ZIP c Phone # ( ';) ° 166 `g5WSFax # (_) Authorized Agent #V (G �,v1:C==MT, Affected ❑ CW ❑ EW ❑ PTA DES '; ❑ PTS AEC(s): 00EA ❑ HHF ❑ IH ❑ UBA ❑ WA ❑ PWS: ❑FC: ORW: yes / no PNA yes / no CrIt.Hab: yes no Project Location: County t P.✓ Street Address/ State Road/ Lot I (; Jk �LOT �0 3 KUI Eta T.! Subdivision )eal-1 wi-D f NY_r To OXS� CA/, City ZIP-,25'utg3 Phone # ( ) River Basin [�]' l Adj. Wtr. Body Y14 I f--t-, �C. 406EX— /�Rda /mRan /unkn) Closest Maj. Wtr. Body tsl `8 d "�- �00N'-7 Type of Projectt r1 ■ f i■ ■ ■`t"i�■■ PC ■ ■■■NMENIEW \iip �[&sn■■■■�■ ■ao-W ! . ■k�■■■� -- ■mftf��■��■ MEMO MWISM111� ■I■■■■■■■mass■■ �l�111rii■1%l■■ �■ EKAMENEEMEMENNOM MI NNE i■ mo�I■■� mommo� mim v pill WIMMOMMEMEMEMEM ■■■� �■■ ■ ■■■Psi Miilio■■■ ■�■s1■■■■1■■ll■■'■■l • ■,�■ ■■■ WE � �Irr■ ■■ ': W®■■I■■■■■■.■■■■I.■■■■ ■N .�� �.IeI �►. :E:::::■NMNMC::::E::I■SiEM ■■■■ ■■■■■■■ ■■■■■ r, , ■■■■■■■■■■■■■■I■■RYIP17EN ■V.■7■■■■■■■ 7fl■OMEN T ■ON ��■'�� NO ii�■irr�Wa'inEEi■ _■�■■■■■■■N■■ 'N■ i en[ or ApplicanT Pnnxed Name Signature " Please read compliance statement on backof permit•• Application Fee(s) Check# Permit Officer's Signature Issuing Date Expiration Date LTocal Planningfurisdiction Rover File Name" RECEIVED NCDENR r North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor February 26, 2015 Kenneth W.Futch 6107 Sidbury Road Castle Hayne, INC 28429 Dear Mr. Futch: MAR 2 4 1015 Donald R. van der Vaart Secretary Enclosed is your check no. 10234 in the amount of $250. Once you are ready to proceed with your major permit application, you may submit a new check at that time. We look forward to working with you in the near future. Best regards Tara MacPherson CAMA Field Representative TM/PH 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151FAX: 910-395-39641Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper PENDER COMI NC 03/25/2000 J $388.00 van l�ATH ,Cte jpLINA J: r Real Es'ate � Excise Tax i INT 60 25 AM 9: 59 RECEIVED DEEDS MAR 241015 THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: STEVEN F. SIEGEL STATE 0F \ORTH ?.I'.^vLt'\: _ tax iD No.: —.. 3-i COUNTY OF PENDER WARRANTY D E E D THIS DEED, made this i `t day of Acts ' c_L- , 2008, by RITA EPSOM, TRUSTEEPand ROBERT L. EPSOM, TRUSTEE, of the RITA EPSOM LIVING TRUST dated SEPTEMBER 4,1997 of 1467 TURKEY TRAIL, INVERNESS, IL 60067, GRANTOR, to KENNETH WAYNE FLITCH and wife, BE THI FLITCH, of 6107 SIDBURY ROAD, CASTLE HAYNE, NC 28429. WITNESSETH: That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of PENDER and State of North Carolina, and more particularly described as follows: SEE ATTACHED EXHIBIT "A" RECEIVED DCM WILMINGTON, NC MAR 0 a iuia TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all encumbrances; and that Grantor will warrant and defend the title against the lawful claims of all BK343OPG 16 persons w he - �,hever except for the exceptions hereinafter stated. Tit`., -: --he orooerty hereinabove described is subject to the following exceptions: (a) �subjec::, _ - _, za: Zoning Ordinances; (b) subject to standard easements for utilities; (c) restncti-,z cc . _-. record, if any; (d) taxes for current year. The designation Grantor and Grantee as used here-- _',all include said parties, their heirs, successors, and assigns, and shall include singular. piurai. masculine, feminine or neuter as required by context. IN RTTNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. -(SEAL-' RECEIVED ROBERT L. EPSOM, TRUSTEE MAR 2 4 1015 C_'O��5 49:�#EAL) RITA EPSOM, TKUSTEE STATE OF i t i w ; COUNTY OF � � L a Notary Public of the County and State aforesaid, do hereby certr that ROBERT L. EPSOM, TRUSTEE, and RITA EPSOM, TRUSTEE, of the RITA EPSOM LIVING TRUST dated SEPTEMBER 4, 1997 personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 1,1 day of G • 1� 200 i NOT YPUBLIC Lc1 ETTE L. IiAZ.C(L My Commission Expires: (Notarial Seal) Cy -Cs - it OFFICIAL SEAL COLETTE L HAZEK E ARY RAW - STATE OF uiNoIS ooMMSSION EXPIRES:0"011 RECEIVED DCM WILMINGTON, NC MAR 0 5 1619 gK 3 4 3 0 PG 162CEIVED EXHIBIT "A" MAR 2 4 2015 N� o-Avow "14y, BEGINNING AT A POINT IN THE WESTERN LINE OF CREEKVIEW DRIVE (60 FOOT RIGHT OF WAY) THAT IS SOUTH 65 DEGREES 18 1/2 MINUTES WEST 30.0 FEET FROM A POINT IN THE CENTERLINE OF SAID STREET THAT IS NORTH 24 DEGREES 41 1/2 MINUTES WEST ALONG SAID CENTERLINE 171.15 FEET FROM A CONCRETE MONUMENT AT THE NORTHERN END OF CURVE NO. 13 AS SHOWN ON THE MAP OF DEERFIELD, DATED FEBRUARY 1975 AND RECORDED IN MAP BOOK 13 AT PAGE 59 OF THE PENDER COUNTY REGISTRY; RUNNING THENCE FROM SAID BEGINNING POINT SOUTH 24 DEGREES 41 1/2 MINUTES EAST ALONG THE WESTERN LINE OF CREEKVIEW DRIVE 171.15 FEET TO A POINT AT THE NORTHERN END OF SAID CURVE 13; THENCE SOUTH 65 DEGREES 18 1/2 MINUTES WEST 74. 0 FEET TO AN IRON PIPE; THENCE SOUTH 40 DEGREES 3 1/2 MINUTES WEST 141.55 FEE - To AN IRON PIPE AT, OR NEAR, THE HIGH WATER LINE OF DEEP BOTTOM BRANCH; THENCE SOUTH 40 DEGREES 3 1/2 MINUTES WEST TO THE CENTER OF THE RUN OF SAID BRANCH; THENCE UP THE CENTER OF THE RUN OF SAID BRANCH AS IT MEANDERS IN A NORTH-WESTERLY DIRECTION TO A POINT THAT BEARS SOUTH 53 DEGREES 41 MINUTES WEST FROM SAID BEGINNING POINT; THENCE NORTH 53 DEGREES 41 MINUTES EAST TO AN IRON PIPE AT, OR NEAR, SAID HIGH WATER LINE; THENCE NORTH 53 DEGREES 41 MINUTES EAST 317.53 FEET TO THE POINT OF BEGINNING; THE SAME CONTAINING 1.12 ACRES, MORE OR LESS, OF HIGHLAND, AND BEING ALL OF LOT 63, DEERFIELD, AND ALSO A PORTION OF TRACT D ACCORDING TO THE AFOREMENTIONED MAP OF DEERFIELD. SUBJECT, HOWEVER, TO A DRAINAGE EASEMENT, TWENTY(20) FEET IN WIDTH, THE CENTER LINE OF SAME BEING THE SOUTHERN LINES OF THE ABOVE DESCRIBED TRACT, SAID EASEMENT EXTENDING WESTWARDLY FROM THE WESTERN LINE OF CREEKVIEW DRIVE TO THE RUN OF DEEP BOTTOM BRANCH. RECEIVED MAR 2 4 2015 rp-A°A"A° off HfI ' r�r'_C1_IVED DCM WILMINGTON, NC MAR 052615 Right Side: RECEIVED PIN 3292-02-1037-0000 MAR 2 4 2015 M�wrwAn� bl+Y NAME ROWE MARY JORDAN et al ADDR 145 LONG RIDGE DR CITY WILMINGTON STATE NC ZIP 28405 Left side PIN 3292-01-3765-0000 NAME SMITH TOMMY A et al ADDR 11604 TROTTENHAM LN CITY RALEIGH STATE NC ZIP 27614 RECEIVED DCM WILMINGTON, NC MAR 0 5 2I115