NTB_05-52_Kilpatrick Farms Management LLC

_NTB
Local Government
RECEIVED
DCM WILMINGTON, NC
JUN 0 6 2005
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management'
----- 05 / 52___
Permit Number
Issued to Kilpatrick Farms Management LLC, authorizing development in Estuarine Shoreline AEC at 241
Bay View Drive, North Topsail Beach, NC 28460 as requested in the permittee's application, dated May 12.
2005. This permit, issued on tune 1. 2005, is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and special conditions and notes set forth
below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may
cause the permit to be null and void.
DEVELOPMENT FOR THE ESTAURINE SHORELINE - 7H. 0209
This permit authorizes the construction of a single family dwelling with driveway and landscaping.
1. All proposed development and associated construction must be done in accordance with the
application submitted on May 12, 2005. All construction must conform to the N.C. Building
code requirements and all other Local, State and Federal regulations.
2. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
3. The amount of impervious surface shall not exceed 30% of the lot area within the 75' of the
normal high water contour/normal water contour, which defines the Coastal Shoreline AEC at
this location. In this case 3,227 square feet of impervious surface is authorized.
4. In order to prevent sedimentation, a vegetated or planted buffer zone must be maintained
between all disturbed areas and the adjacent water body or marsh. In this case a 30-foot wide
buffer has been accepted.
Conditions continued on second page
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date. From
the dale of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2008
In issuing this permit it is agreed that this project is consistent with
the local land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management.
o
Loral Permit Official (signs re)
CAMA Local Permit Official
Permitlee (signature required H conditions above apply to permit)

Name: KILPATRICK
Minor Permit #05/52
Date: 06/01 /05
RECEIVED
DCM WILMINGTON, NC
JUN 0 6 2005
5. Prior to initiating any land -disturbing activities, adequate sedimentation/erosion control
measures must be employed to prevent the movement of unconsolidated materials into the marsh
or water. These measures must remain in place until such time as the area is properly stabilized
With vegetated cover.
6 .Pursuant to 15 N CAC, Subchapter 710406 (b), this permit may not be assigned, transferred,
sold or otherwise disposed of to a third parry by the applicant, agent, or any entity other than the
NC Division of Coastal Management.
7. It is noted that coastal marsh does not exist on the property, and that the proposed
development addressed on the submitted plat dated May 12, 2005 is not located within this
marsh.
8. No excavation or filling of any wetlands or waters is authorized under this permit.
9. The development authorized under this permit must be accomplished a minimum of 30'
landward of the normal high water contour/normal water contour, maintaining this as a
vegetated or planted buffer area.
10. The area proposed for grading within the 30' buffer from the normal high water
contour/normal water contour must immediately be vegetatively stabilized, and must remain
in a vegetated state.
11. This permit does not authorize the construction of any piers or docks
12. A copy of this permit must me maintained on site during development.
Signature Date

APPLICATION o0VO-
y CAMA MINOR�
DEVELOPMET
P
In 1974, the North Carolina General Assembly passed the Coastal Alga
Management Act and set the stage for guiding development in fragile
and productive areas that border the state's sounds and oceanfront. Along
with requiring special care by those who build and develop, the General
Assembly directed the Coastal Resources Commission (CRC) to imple-
ment clear regulations that minimize the burden on the applicant.
This application for a minor development permit under CAMA is part
of the Commission's effort to meet the spirit and intent of the General
Assembly. It has been designed to be straightforward and require no
more time or effort necessary from the applicant. Please go over this
folder with the Local Permit Officer (LPO) for the locality in which you
plan to build to be certain that you understand whatinfotmation he or
she needs.
Under CAMA regulations, the minor permit is to be issued within 25
days once a complete application is in hand. Often less time is needed if
the project is simple. The process generally takes about 18 days. You
can speed the approval process by making certain that your application
is complete and signed, that your drawing meets the specifications given
inside and that your application fee is attached.
Other permits are sometimes required for development in the coastal
area. While these are not CAMA-related, we urge you to check with the
Local Permit Officer to determine which of these you may need. A
listing is included on page 2 of this folder.
We appreciate your cooperation with the North Carolina Coastal Man-
agement Program and your willingness to build in a way that protects
the resources of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management
W
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HIM

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Locality
e V1464'0 Permit Number
Ocean Hazard Estuarine Shoreline ORW Shoreline _Public Trust Shoreline ther
(For official use only)
GENERAL INFORMATION O
LAND OWNER 0o o 9i �
Name 1`-Jrn r',Y_ J IMS AAtoa P &wt1 F LZ ?i �rA A
Address 1f 22
City 4An o1, State A)C Zip 2f1y5-i Phone
AUTHORIZED AGENT
Name_ F /61,Anercr
Address J4 5n We 42 <nu4
City /'tiiAKY6GzA State /VL Zip Phone o20-A6/8
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of
the adjacentwaterbody?) R1 9Qy0p % 01<r
L1S �Q41( i3aa,"L.' Sr•.
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
SIZE OF LOT/PARCEL: /0 %l0 8 square feet acres
l
PROPOSED USE: Residentia(Single-family _ Multi -family _A_') Commerical/Industrial
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC): a, 9,R_S-_ square feet (includes all floors and roof -covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): 4, OeDn sq. ft.
(Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios,
etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property-
(1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding
Resource Waters
(3) within 30 feet of the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
STATE STORMWATER MANAGEMENT PERMIT. Is the project located in an area subject to a
State Stormwater Mana ment Permit issued by the N.C. Division of Water Quality?
YES_ NOT
If yes, list the total built -upon area/impervious surface allowed for your lot or parcel.
square feet.

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NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 420.00
Parcel Identifier No.779D 47 Verified by County on the _ day of__, 20_
Mail/Box to: Fuss and Fairley, P.C. Post Office Box 2550/114 N. Topsail Drive, Surf City, NC 28445
This instrument was prepared by. Fuss and Fairley, P.C.; Post Office Box 2550/114 N. Topsail Drive, Surf City, NC 28445
Brief description for the Index: LT 21, BLK 2, STUMP SOUND
THIS DEED made this 6th day of May 2CL 05, by and between
GRANTOR
John Gardella, Single
19 Ruth Place
Stanton Island, NY 10305
Kilpatrick Farms Management Company, L.L.C.
1650 S. NC Highway 50
Magnolia, NC 29453
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is herebyacinowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel ofl nd situated
in the Cityof North Topsail Beach Stamp Sound Township, Onslow County, North Carolina and
more particularly described as follows:
Being all of Lot 21, Block 2, as shown on a map entitled 'BAYVIEW", prepared by Cowan and Jones, P.A. on February 7,
1983, and recorded in Map Book 21, Page 205, Onslow County Registry.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2125 page 056
A map showing the above described property is recorded in Plat Book 21 page 205
NC Bar Association ronnNo. L-3 © 1976, Revised © 1977, 2002
Printed by Agreement with th;. NC Bar -Association— 1991 SoftPro Corporation 333 E. Sr'_ Fonts RL, P,alelgL NC 2760:

TO HAVE AND TO HOLD the aforesaid lot orparcel of land and all privileges and appurtenances
in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant
the lawful claims of all persons whomsoever, other than the following exceptions:
IN WITNESS WHEREOF, the Grantor has duly executed the Nrepping as
(Entity Name)
By:
Title:
By:
first abTsY.Qaitten.
(SEAL)
(SEAL)
State of North Carolina - County of
I, the undersigned Notary Public of the County and State aforesaid, certify that John Gardella
. Msonafly appeared before me this day and
acknowledged the due execution of the foreg mg instrument for thepurposes therein expressed. Witness my hand and Notarial
stamp or seal this frtfi 'dery ofy N "20 65 `A
My Commission Expires_
State of North Carolina - County of
L the undersigned Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledged that —he is the of
a North Carolina or
corporation4mitted liability company/gmmulpartnership/limitedparb=sbip (strike through the inapplicable), and
thatby authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its actand
deed. Witness my hand and Notarial stamp or seal, this day of , 20_
My Commission Expires:
Public
State ofNorth Carolina - County of
I, the undersigned Notaty Public of the County and State aforesaid,
Witness my hand and Notarial stamp or seal, this day of 20_.
My Commission Expires:
Notary Public
The foregoing Certificates) of
is/am certified to be correct. This histimment and this certificate imn dulyregistered atthe date and thine and in the BookandPage shown
on the fast page hereof.
Register of Deeds for Coumy
By: Deputy/Assistant - Register of Deeds
NC Ba: Association Form No. L-3 C• 1976, Pwvised ® 1977, 2002
°rmc-.d b7 AgrearrLn: anti: fm NC Ba= Association — 1991 SofiPrc Corporation. 23: E. Sir Form Psi., PateigL, NC 27605

AEC HAZARD NOTICE
Project Is In An: Ocean Erodible Area 4 High Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted: / cl 8.;L—
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alteration are designed to minimize, but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much ag�,2('0 feet landward in a major storm.
T.eflood waters in amajorstorm arepredicted to beabout
feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signatureAe application will not be
Date'
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer
Address
—
Locality
y4 _� 9
Phone
n
O CPO
0
y
TAP 3
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Revised 11193

-A-111 s C'FNT PJ:P 4-PIA-N PROPERTY 0 WNER ST 4TE-lV=,IT
I hereby certify ktI own property adjacent to
s
(NgmE of Property (3wner)
propn*located at
Blnclt, Road, etc.)
on -I-et)-I-et)in- .426a T/imf! R<r i C.
(Watarbody) (Town and/or County)
Ik has described In me as shown below, the develnpment he is proposing at that Tocation
and, I have no obj ec8nns to his proposal.
DE5CRIPTION AID/OR DRA..7MG OF FROPO=.I)EV QPMKNT-
(To hE JM-d in iiy ,lair 'arz *�rtr prnpasing develGPXmMi)
1,
I
Piznt or Type Name
(�(0) ago—,26
Telephone Number
nay:
�n

ALDJ A CENT P-lT-4-RIA-N PROP£P TY Oz 9I+IER ST kTTIM TT
I hereby certify that own property adjacent to
(Name of ProFerty rJwner)
property located at d)/" C 276// t C
(Lot, l3 ocic, Road, etc.)
on iG i ,J , in /b� A -n ib t I &eC4
(Waterbody) (To and/or County)'
EL has desmibed to me, as shown below, the development be is proposing at that locaficm
and, I have no objec(ions to his proposal. ;
DESCRIPTION AND/OR DRAW-NG OF PROPOSED. DEVELOPATEI -
(To be filled in by Ent)
C�
0©yam.
SOZ
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91
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Font or Type Name
r�o`=a 6 /8
Telephone Number
Date:
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NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT
PERMIT
Pursuant to NCGS 113A-119(b), the Town of North Topsail Beach, a locality authorized
to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that
on May 12, 2005, Mr. Baird Kilpatrick, applied for a CAMA permit to construct a duplex
dwelling with a foot print of 1,596 sq feet at 241 Bay View Drive, North Topsail Beach,
Onslow County, North Carolina. The application may be inspected at the address below.
Public comments received by May 25, 2005, will be considered. Later comments will be
accepted and considered up to the time of permit decision. Project modifications may
occur based on further review and comments. Notice of the permit decision in this matter
will be provided upon written request. CAMA PERMIT # 05/52
Sue McLaughlin
CAMA, Local Permit Officer
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, NC 28460
Please print on May 16, 2005

OTHER PERMITS M" BE REQUIRED: The activity you are planning may require permits other than the CAMA minor
development permit. Asa service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list
with your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, htsulation and Energy Conservation, FIA Certification,
Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others.
STATEMENT OF OWNERSHIP:
:, the undersigned, an applicant for a CAMA minor development permit, being either the 1�
3erson authorized to act as an agent for purposes of applying for a CAMA minor developmer
isted as landowner on this application has a significant interest in the real property described
iescribed as: (check one)
an owner or record title. Title is vested in
Sage in the
County Registry of Deeds.
_an owner by virtue of inheritance. Applicant is an heir to the estate of
3robate was in County.
_)Lif other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
vOTIFICATION OF ADJACENT PROPERTY OWNERS:
furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
tCTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name)
:1)
;2)
:3)
:4)
(Address)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to
:rosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ-
tied with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech-
iiques.
PERMISSION TO ENTER ON LAND:
furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to
enter on the aforementioned lands in connection with evaluating information related to this permit application.
Phis application includes: general information (this form), a site drawing as described on the back of this application, the
)wnership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor-
mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated
without reference in any permit which may be issued. Deviation from these details wdl constitute a violation of any permit. Any
Jerson developing in an AEC without permit is subject to civil, criminal and administrative action.
This r% day f IAD rt 20 0.'5--
Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application.
11

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor development
permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if
requested.
PHYSICAL DIMENSIONS
►� Label roads
V Label highways right -of --ways
Label local setback lines
Label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
Draw and label mean high water mark
Draw location of on -site wastewater system
If you will be working in the ocean hazard area:
Draw and label dune ridges (note height)
Draw and label toe of dune
Identify and locate first line of stable vegetation
Draw and label setback line under CAMA
Draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
Draw and label landward limit of AEC
Describe terrain (slope) r-7G,+-
DEVELOPMENT PLANS
✓ Draw and label areas that will be disturbed
If a house is to be placed on lot, describe location of house
Note size of piling and depth to be placed in ground 6XZ pl ae
—� Draw and label all areas to be paved or graveled.
Describe composition of surface 5m.4r ,,4
Note and list fully all trees and vegetation to be removed or relocated
Show landscaping_ ,tl be/o,45ccf J g44v fm w.
NOTE TO APPLICANT
Have you:
• completed all blanks and / or indicated if not applicable?
• notified and listed adjacent property owners?
• included your site drawing/
• signed both application and statement of ownership?
enclosed the $100.00 fee?
• completed an AEC Hazard Notice, if necessary?
,� FOR STAFF USE
Site Notice Posted ' I Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted
CIO
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/oI;A'Ap3 ew
Denied Appeal Deadline (20 days)
Revised 3/2003

168474 Affidavit of Publication RECEIVEp
15070720 Jacksonville Daily News ')CM WILMINGTON, NC
1 of 2 Jacksonville, NC JUN 0 6 2005
Personally appeared before Wmea.ary Public of the County of Onslow, State of North Carolina, on this the 16th day
of May, 5
of The Daly News, who being duly sworn, states that the advertisement entitled CAMA- KILPATRICK, BAIRD a true
copy of which is printed herewith, appeared in The Daily News, a newspaper published in the City of Jacksonville, INC,
County of Onslow, State of North Carolina, 1 day on the following dates:
May 16, 2005
NORTH CAROLINA
ONSLOW COUNTY
NOTICE OF FILING
OF APPLICATION
FOR CAMA MINOR
DEVELOPMENT PERMIT
Pursuant to NCGS 113A-119 (b), the Town of North Topsail Beach, a locality authorized to issue CAMA permits in
Areas of Environmental Concern, hereby gives NOTICE that on May 12, 2005, Mr. Baird Kilpatrick, applied for a LAMA
permits to construct a duplex dwelling with a foot print of 1,596 square feet at 241 Bay View Drive, North Topsail
Beach, Onslow County, North Carolina. The application may be inspected at the address below. Public comments
received by May 25, 2005, will be considered. Later comments will be accepted and considered up to the time of permit
decision. Project modifications may occur based on further review and comments. Notice of the permit decisionin this
matter will be provided upon written request. CAMA PERMIT#05/52
Sue McLaughlin, CAMA
Local Permit Officer
Town of
North Topsail Beach
2006 Loggerhead Court
North Topsail Beach,
NC 26460
May 16, 2005