Loading...
HomeMy WebLinkAbout75-15 Promise Land LLCFe'rmitMass NEW Permit Number 75-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V er m t' t 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 Promise Land, LLC, PO Box 662, Greenville, NC 27835 Authorizing development in Carteret County 1009 Shepard Street, Morehead City Waterfront as requested in the permittee's application dated _1/30/15 includingthe e attached workplan drawings (5), all dated 11/1/14 This permit, issued on July 7, 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 tines, imprisonment or civil action; or may cause the Docking Facility to be null and void. 1) Unless specifically altered herein, this permit authorizes the reconfigured docking facility expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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 ivision of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Promise Land, LLC Permit # 15-15 Page 2 of 3 ADDITIONAL CONDITIONS 2) The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. 4) 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. 5) 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. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 7) This permit authorizes 7 additional boat slips for a. maximum of nine formalized boat slips at the authorized facility. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached workplan drawings. 10) This pem it shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 11) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 1 Promise Land, LLC Permit # 75-15 Page 3 of 3 ADDITIONAL CONDITIONS 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 (252) 808-2808 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 U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00890. NOTE: An application processing fee of $250 was received by DCM for this project. gem Mr-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Pri0W1 CAC�a,y �.�.�, Project Name (if applicable) So,"e- Applicant 1: First Name Pk i li P /1. !eW4 MI A • Last Name k czo i $- ' Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address Po 180x 662 PO Box 662_ City 6.4eeAVilk State Nc. ZIP ?7835 Country (454 Phone No. ZS;1-3s9---r708Text. FAX No. ZSZ--3Sc,3sf9 Street Address (if different from above) 9oS Fosd- A PIiN N City 6reewJiile- State N.C. ZIP 27$-S8 Email 2. Agent/Contractor Information Business Name 1NG / —L CbN3' o�IoN 1NG . Agent/ Contractor 1: First Name MI 6 Last Name A10,14 /gallt Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State Po ►go Y 93 93 moo-ekee.1 ZIP Phone No. 1 Phone No. 2 Z g ss7 1 ?S'Z- 5'0q- 0737 ext. ZS2- 7aG•- %631 ext. FAX No. Contractor # Street Address (if different from above) 7=ZIP City [State C' _ Email, <Form continues on back> & Cke 1lL- i rN Form DCM MP-1 (Page 2 of 4) 10 APPLICATION for Major Development Permit 3. Project Location \ County (caribe multiple)- Street Address ' -"' -'- --" --"--"` "- "" State Rd.-# -- - Caoivv� 1 j00q Subdivision Name Cityl, State Zip poclAk; itp 06,Aekea N L ?rs-s% Phone No. Lot No.(s) (if many, attach additional page with list) 2.52 -S3 j-9701 ext. Sicc - r4ffao6er? 644— a. In which NC river basin is the project located? b. Nampee of body of water nearest to proposed project Do GG S c. Is th ter body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ❑Manmade ❑Unknown kG sot4miio e. Is pr sed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es No work falls within. if pwr416e4.f 4itj 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) /60' 72 'i% m4. F4- c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or See, /A/AwAed ,/6bf NWL (normal water leevvB1) (If many lot sizes, please attach additional page with a list) f,(rz INHW or ❑NW L e. Vegetation on tract r r �rraSS e >tofws�� yoy yoG tle3%l iD14 I. Man-made features and uses now on tract � ytii�kq 1�oc,k I �r X 6 r Ntat N rQa !C t✓ � A /6 W L fo ✓existing g. Identify and describe the land uses adiacent to the proposed project site. r ICUANeL4f4 0o."0 i lb&rAIWJ JIG( fo CC QS� r /L� Cli-!, �4✓. tG �, �arr4,X3 10} I wCs-r— kv-46� rrcFjd4A4ra.1 1-19fs im 6*Itoeey h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? /1` S, N r r j /� S F41Y11 y (Alta zoning compliance certificate, if applicable) ❑No DNA es I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Rill k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes lNo DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a lZes o DNA F National Register listed or eligible property? .� <Form continues on next page> *4 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit i m. (1) Are there wetlands on the site? ❑Yes 21TO u Are therecoastalwetlands on the site? - _ _ - - - -` es- ❑Nd"' (iii) If yes to either (i) or (it) above, has a delineation been conducted? Oyes 2< (Attach documentation, if available) n. Describe existing wastewater treatment facilities. C 1 '� Se WIC. o. Describe existing drinking water supply source. r G " t� lrso.'!er" p. Describe existing storm water management or treatment systems. e: st"r 4 )O(� 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑C mercial ❑Public/Government rivate/Community b. Give as brief 1description of purpose, use, and daily operations of the project when complete. Qo1LT LifF-b env eimM, I-LmA o-MN-( To be 14Me }a %+P� IfQmf oco' w06e-.- PJ'ior To e" ao.3s use 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 exectoa-for- r .A. sk 6oa'I- i0 r peHeO r"f' 0N jLltSf 01N V CuatFaA'.s bRstc � � CuMsiv`ua+foH t_ C7tl;00/MCH� 4. be o(oakt'P 07L 3{y b-Id"YA Si+�c. -1 fdm clre j Ci� ct,el.+�o45i1i) tack NiglsF d. List all development activities you propose. O.A �A Q r Iw)I)Ny'Sf iN3JQ(I d0c11< F SliroS � AA A NA -TN s irokk 6 aL4 e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres N0)4e g. Will the proposed project encroach on any public easement, public accessway or other area []Yes UEKo ❑NA that the public has established use of? h. Describe location and type of existing and proposed[ discharges to waters of the state. &5CAC- SOCA14 TowN of �/f%a.l+`IAtcQG)f� S{,eee+ iriout thluectAi <Kistr"S I. Will. wastewater or stormwaler be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No A j. Is there any mitigation proposed? ❑Yes o ❑NA If yes, attach a mitigation proposal. <Form continues on back> . Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, most be submitted in order for the application package to be complete. items (a) — (1) 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. I. 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 Phone No, Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. N/,rt j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/Q k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. in the application. 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 30 is Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ," ❑DCM MP-4 Structures Information0 ko v� Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS This section not applicable' a. (i) Is the docking facility/marina: / b. (i) Will the facilit e open to the general public? ❑Commercial ❑Public/Government ovate/Community ❑Yes o c. (1) Dock(s) and/or pier(s) (ii) Number r (iii) Length 7'2$ (iv) Width G M Floating ❑Yes 2NO e. (i) Are Platforms included? E0VZesC1No If yes: ROD (ii)Number �Arl,Acal'"o4 ROD (!it) Length (iv) Width (v) Floating []Yes o Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed (ii) Number of slips existing I i. Check the proposed type of siting: ❑ Land cut and access channel ❑O water; dredging for basin and/or channel water; no dredging required []Other; please describe: k• Typical boat length: Z S i m. (1) Will the�f.a,/cild'v� have tie pilings? [Ye' L7Hlo (ii) If yes number of tie pilings? d. (1) Are Finger Piers included? 9--fes []No If yes: (ii) Number 1— (iii) Length 2 S� (iv) Width (v) Floating Eyes- 26 f. (i) Are Boatlifts included? es ❑No If yes: (ii) Number (iii)Length 2•T . (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑_, �Dockage, fuel, and marine supplies tt[uockage ("wet slipsl only, number of slips: ❑ Dry storage, number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). XA i xee( 7y&.s I. (1) Will the facility en to the general public? ❑Yes LvrNo 282•80&2808 ;: 1•888ARCOA58' t1 www.nccoastaiartana a esat.ztat revised: 12127/06 Fora DCAAA UP-4 (Stvwr oars, , Page 2 ask 2) 2. DOCKING FACILITY/MARINA OPERATIONS This section notapplicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: 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. (1) 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, it 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? - � �� 252-808-2808:;1-888ARCOA57::)MnK. revlsed:91'27t®8 3^ul M 9 %Ifln t'II r-44 , YY .9AW'ii9Yvgy„ raa�. . C3 -:); rh.Is the marina/ eking facility proposed within a primary or secondary nursery area? []Yes No n. Is the marina/do g facility proposed within or adjacent to any shellfish harvesting area? ❑Yes o o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) L� I his section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Comm unity (ii) Number _ (lii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. a. (i) Number (ii) Length _ (iii) Width a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b• Number d. Description of buoy (color, inscription, size, anchor, etc.) 46� :!�2 e. Arc of the swing -9 p y^ 9 252-808-2808 :a 11-888.4'RCOAST :e w+,vw.»csossk�tm�»ageara»fi.»s4 revised:/2127106 Eorn DCM P-4 13tructuras, PaOe 4 of a 7. GENERAL a. Proximity of structures) to as acent riparian property Rues o Prex m ty of structure(s) to adjacent docking facilities. is' I 'r / Note.: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body IV 1%; k e. (i) Will navigation aids be required as a result of the project? ❑Yes navigation (ii) If yes, explain what type and how they will be implemented. a. Give complete description: dqA y W 9 WFi 5��^M Wail I�IaW�'�!'�t i� FJ$e� Sp'i Sw��{rY!�Ml S * Irw�ii�Pjh'�iV'Ylb 4'�Ipn 3 to -- 1- 4- Cate _ k Pro!ect Na:Te Applicant Name 10 Applicant Signature d. Water depth at waterward end of structure at NLW or NWL 5'NLW (his section not applicable 252-608-2808 :: 9-838 4RCOAZT :: A±nw.ncaoastalmznaaement.net revised: 12127i06 )&15t4r' SOL4 4- t4 .Oeek ;�oa, Shore Awto 9ot,K e �0 So` `n l� 2u�� 24ir ge4c1� W a fey d eP}h �}lw ac1c5 2'-2'�, /�PPrex 1.1��„al �F�dt �GuSC 7�VN S;�e J�e� de�vth So�rd'^S� lb A 1 /r e �i Sirdrel�na I ��2"— �s'� s /\"L- \s"� � � �- 12 � �1t+E �,w NVtw odc} r`�•' Nor+.a\ r� — r �r �, '�' — • i 10" LW / IO Et�k,?A 9owit'-C swim) bs I eke, mil. A -v pa U - N Ayr O 0 f V ,r e tb N/-. N O y� 2,�Y0 C� "I" _ 2C)/ \Or0Qp5ro Y�fcrN�`n N �� Seale y fl(2aw�rS'�� I! 1p\5 \ x *22� 1�kW« r �c.�a• Q;etS (�1'KLt�� ��;ii? 1�-��[w:5 /t\a',n Ooc�c 6' w;Jt �t t1s' \one 1 Y J 1 cti yt ., tr • - ma`s • 6 3 CY t a S 4 f F L ,r-25� r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Ari re sr ON or July 20, 2015 Regulatory Division Action ID No. SAW-2015-00890 and State Permit No. 75-15 Mr. Phillip A. Lewis Promise Land, LLC Post Office Box 662 Greenville, North Carolina 27858 Dear Mr. Lewis: Reference your application for a Department of the Army permit to reconfigure an existing docking facility in navigable waters of the United States, within Bogue Sound, at 1009 Shepard Street, in Morehead City, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or. alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, dv p / RECEIVED JUL 2 8 2615 Liz Hairt1r"1" Regulatory Project Manager IPA 2 Enclosures: CAMA permit GP 291 conditions Copies Furnished without enclosures: Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 2 3 1015 od�U.UHV ew -3- Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED JUL 2 3 2015 I)i..APJUIIvii 4}l4 5DERR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 7, 2015 Promise Land, LLC P.O. Box 662 Greenville, N.C. 27835 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, /tu Douglas 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.nccoastalrnanagement.net An Equal Opportunity I Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Promise Land LLC c/o Phillip Lewis 2. LOCATION OF PROJECT SITE: Located at 1009 Shepard Street in Morehead City along the Morehead City Waterfront area. Photo Index - 2000: 41-526 grids U- 22 2006: Photo Unavailable i31 Co 5. State Plane Coordinates - X: 2686130.272 Y: 360704.39 Longitude:76°42'59.33 Latitude:34°43'09.86 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/26/15 PROCESSING PROCEDURE: Was Applicant Present — No Application Received — 3/12/2015 Application Complete- 3/17/2015 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City dated 2007 Land Classification from LUP — Medium Density Residential/Conservation (E) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — Municipal sewer Planned - None (F) Type of Structures: Existing — Existing pier, platforms and two slips with boatlifts. Planned — reconfigure the existing pier, removal of the existing platform and boatlifts, add platform add 9 slips and boatlifts within new location. (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (docks) N/A N/A 5,400Ft2 Incorp. 3,753Ft2 Shaded (D) Total Area Disturbed: 5,400 ftz (E) Primary Nursery Area: No (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant is proposing to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new) with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Field Investigation Report: Promise Land LLC Page 02 9. Narrative Description The Promise Land LLC project is located west of the Morehead City waterfront and within the mouth of the Morehead City Harbor area of Bogue Sound at 1009 Shepard Street. The tract is bordered by the Town of Morehead City's public boat ramp to the east and privately owned boat docks to the west. The Promise Land LLC tract is 92,496 square feet (2.12 acres) in its entirety (lots 3, 4 and 11), has a shoreline length of 160' and is an average of 4' above NHW and is owned entirely by the applicant. Presently there is an existing pier, platform, two boatlifts, drive way and single family residence along this tract. There is a coastal wetland "pond" (app. 60' x 95') between the high ground portion and the estuarine beach along Bogue Sound. The coastal wetland "pond" is fed by openings along the existing breakwater for the Morehead City public boat ramp and has become naturalized throughout the years. The coastal wetland "pond" consists of Spartina alterniflora (Smooth Cordgrass) and S_ partina patens (Salt Meadow Cordgrass). The Morehead City Land Use Plan classifies this property as Medium Density Residential, with all AEC's classified Conservation. This section of the Bogue Sound (mouth of Morehead City Harbor) is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of SA. The riparian corridors were determined through existing pier alignment within the area and in this case, appear to continue straight out as a continuation of the property line. Substrate in this area of the Morehead City Harbor is mostly sand and silt. No SAV's or shellfish beds were observed within the proposal project area. There is a USACOE federal channel and setback within the project vicinity. The USACOE channel setback is approximately 140' waterward of nhw along the estuarine beach strand in this area. Portions of the existing pier are within this setback. The current proposal would move the proposed pier reconfiguration landward and out of the channel setback. 10. Proiect Description: The applicant's current proposal is to reconfigure an existing docking facility by removing the existing platform and boatlifts on lot 11, add a total of 9 slips with boatlifts, and add finger piers, new platform and a pier access to the new slip locations. The first portion of the project would consist of the removal of the existing 10' x 30' 1- head platform and two 13' x 13' boatlifts that are currently within the USACOE channel setback area. The existing 6' x 270' (which extends from high ground) would remain in place. A portion of this access (25') would be converted to platform. A 16' x 25' fixed platform would be constructed within this area, approximately 6 inches to 1' landward and parallel to the USACOE channel setback. The second part of the project is the construction of a 6' x 125' pier that would access the proposed slip areas. It would extend from the most landward edge of the proposed platform (app. 31' landward of the channel setback) to the east for 125'. It would be constructed at an angle in order to keep all portions of the project landward of the channel setback. There would be four 4' x 25' finger piers along this area that would help Field Investigation Report: Promise Land LLC Page 03 designate the nine slips. A total of nine 11' x 25' boatlifts would be installed within each slip area. All portions of the docking facility would remain a minimum of 15' from all riparian access lines. All portion of the reconfigured 9-slip docking facility would be approximately 6 inches to 1' landward of the USACOE channel setback, depending on location. The water depths within the slip areas are an average of -3'at normal low water. The tidal amplitude within this area is approximately 2.5' to 3'. The width of the Morehead City Harbor is approximately 6,600' in this area. The proposed docking facility would not exceed a maximum of 140' waterward of nhw within a 6,600' wide waterbody. The typical boat would be 25'with a mixed use open runabout design. 11. Anticipated Impacts: The proposed pier reconfiguration and slip additions would shade 3,753ft' and incorporate 5,400ftz of open waters. The setting of pilings would cause temporary turbidity. There would be no hindrance to navigation due to the fact that the docking facility would be located a distance of 6 inches to 1', depending on location, landward of the USACOE channel setback. The total docking facility, which includes the platform, finger piers and boatlifts, would not exceed a distance of 140'within a 6,600' wide waterbody. Name: Heather Styron Date: 3/27/15 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Promise Land, LLC c/o Phillip Lewis County: Carteret LOCATION OF PROJECT: Located at 1009 Shepard Street in Morehead City, along the Morehead City waterfront. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/12/15 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 4/1/15 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Daniel Govoni C) 75 DAY DEADLINE: MAIL OUT DATE: 3/25/15 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $250.00 END OF NOTICE DATE: 4/21/15 DEED REC'D: Yes ON: 4/1/15 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS. YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Determination Division of Community Assistance Land Quality section Division of Water Quality Storm Water Management (DWQ) State Property Once Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Crops of Engineers NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: DANIEL GOVONI FROM: HEATHER STYRON THRU: ROY BROWNLOW Donald R. van der Vaart Secretary March 25, 2015 SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- PROMISE LAND LLC, 1009 SHEPARD STREET IN MOREHEAD CITY The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for the reconfiguration of an existing two slip docking facility into a nine slip docking facility. The proposal would remove the existing platform and two existing boatlifts, then add a pier addition, finger piers, boatlifts and platform to the existing pier access remaining. A total of nine slips (2 existing and 7 new). The most waterward portion of the development would not exceed a distance of 140' from nhw along the estuarine beach strand and would be landward V of the USACOE channel setback. The length of the reconfigured docking facility would not exceed 140' beyond nhw within the 6,400' wide waterbody. The proposed work is consistent with 15A NCAC 7H.0208 and therefore the Morehead City District Office recommends the project be authorized as proposed on plats dated received 3/12 /15, contingent upon all applicable general conditions and the following standard conditions: o There is a max of 9 slips authorized. o The length of the proposed docking facility shall not exceed a maximum of 140' from nhw along the estuarine beach strand to ensure encroachment within the USACOE channel setback does not occur. o No work shall hinder navigation in anyway. o All portions of the docking facility shall remain a minimum of 15' from all riparian access lines. Cc: Tyler Crumbly, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252-247-33301Internet: www.necoastaimanagement.net An Equal Oppor unily 1 Afiirmalive Action Employer - Made in pan by recycled paper 45 0. A MC ENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Patti Fowler Shellfish Sanitation Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Donald R. van der Vaart Secretary RECEIVED APR 0 9 205 nCM-WAUK WO.. Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 5 V` �--- �_ P*} �"� DATE ` 11 /I S 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 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 Ikyj1:15[a17 111i3" TO: Lee Padrick Division of Community Assistance FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Promise Land, LLC c/o Phillip Lewis Donald R. van der Vaart Secretary Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 RECEIVED APR 13 2015 400 Commerce Avenue, Morehead City, North Carolina 28557 nero+-sagw ldt# 1 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer AMEN North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary `eErlrE7 APR 0 7 2015 Diane Williams Public Water Supply Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. APR 14 10b Bemimms env 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 age nc objects to th project for reasons described in the attached comments. SIGNED DATE J 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nocoastalmanagement.net An Equal opportunity I Affirmative Action Employer NCD NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Maureen Meehan Division of Coastal Management Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 4 1 9'3 5 400 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 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary L.IS•o+C,(.-D( April 1, 2015 MEMORANDUM: - o ' ti Ar TO: Maria Dunn NC Wildlife Resources Commission o FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Promise Land, LLC c/o Phillip Lewis Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 t DATE `f`- r tv 2J RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 APR 2 2 i Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer WQWMHD CITY ffi NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Donald R. van der Vaart Secretary APR 0 7 2015 Linda Lewis Joanne Steenhuis Division of Water Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 reas-onns described in the attached comments. SIGNED ,,— DATE 4/%S 400 Commer a Avenue, Morehead City, North Carolina 28557 APR 2 7 2015 Phone: 252.808.28081 FAX 252-247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: _ Applicant: Project Location: Donald R. van der Vaart Secretary tz(',*1 APR p 201S Dan Sams Division of Energy, Mineral & Land Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC clo Phillip Lewis Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boadifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAY 0 7 2015 PQ W.W y9 P! IT 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 �I'�-f� DATE _ APRJL ZZ 707 l 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer A�� IfCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaart Secretary (RECEIVED APR 0 6 2015 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: be J j t > — Thus 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 — }! RECEIVED :ommerce Aven M ahead City, North Carolina 28557 28081 FAX 252-2 I Internet: www.nccoastaimanagement.net An Equal opportunity I ffirmative Action Employer MAY 13 2015 w6lw-AaM6 kFFK NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary RECEIVED April 1, 2015 APR 0 8, 10i.4 MEMORANDUM: DCM.Ftsherib� WARD TO: Shane Staples Division of Coastal Management FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Promise Land, LLC c/o Phillip Lewis Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine, sups (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Pemdt officer at (252) 808-2808. 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. Sae attached. W This agency ob' cts to the project for reasons described in the attached comments, SIGNED DATE YZ 4115 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone:252.808.28081 FAX 252447.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity/AfBrmalve Acton Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor TH13a)MONOttip Secretary p DWR Project If 20150336 Phillip A. Lewis A pEqM loam �� Carteret County PO Box 662 Greenville, NC 27835 Subject Property: Promise Landing SD and Marina, Morehead City Approval of 401 Water quality Certification with Additional Conditions Dear Mr. Lewis: You have our approval, in accordance with the attached conditions and those listed below to reconfigure a 2-slip docking facility to a total of 9-slips, as described in your CAMA application dated April 1, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on April 7, 2015. After reviewing your application, we have decided that the impacts are covered by General Water quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the LAMA 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, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. 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 .05021. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.eov An Equal Opportunity 1 AtfirmobveACUon Employer -Made In pad by recycled paper Phillip A. Lewis DWR Permit # 20150336 May 20, 2015 Page 2 of 4 3. 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 shall be used as appropriate. Please notify this Office if any turbidity Issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The 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 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: 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)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the 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 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). Phillip A. Lewis DWR Permit # 20150336 May 20, 2015 Page 3 of 4 10. 11. SAVs Please note that the area surrounding the proposed project contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)] Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday.through Friday between.8:00 am and.5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Phillip A. Lewis D W R Permit N 20150336 May 20, 2015 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette(ancdenr.gov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis(@ncdenr,¢ov . Sincerely, Jim eg on, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Alan Bailey — Blue Water Marine Construction Inc. Liz Hair- USACE Wilmington Regulatory Field Office — electronic copy Heather Styron — DCM Morehead City— electronic copy Jennifer Burdette —Wetlands and Buffer Unit Daniel Govoni - DCM Morehead City— electronic copy WiRO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 30, 2015 Regulatory Division Action ID No. SAW-2015-00890 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Phillip Lewis to reconfigure an existing pier, remove an existing platform and 2 boatlifts, add a new platform, 9 boatslips and boatlifts within new - location.. A portion of the existing structure currently encroaches into the U.S. Army Corps of Engineers federal channel setback. The applicant proposes to remove the existing 10'x30' 1-head platform and two 13'x13' boatlifts currently located within the federal channel setback. The existing 6'x 270'access from high ground will remain in place and a portion of this structure will be reconfigured to a 16'x 25' fixed platform and will also be located outside of the federal channel setback by approximately 6 inches to 1 foot landward and parallel of the setback. Additionally, the project also includes construction of a 6'x125' pier which is proposed to provide access to the proposed slip areas. This pier will be constructed at an angle in order to keep the structure entirely out of the setback. There are four 4'x25' finger piers proposed along this area for designation of a total of nine 11'x25' boatlifts to be installed within each boatslip area. This project is located at 1009 Shepard Street, adjacent to Bogue Sound, in Morehead City, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.727775N,-76.865252 W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. ' The guidelines can be found at http://www.fws.gov/nc-es/mainmal/manatee auidelines.pddf. -2- 2. Dredging is not authorized. 3. No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 4. An as built drawing is required and a post construction inspection/survey is required to confirm that the project is not located within the U.S. Army Corps of Engineers Federal Channel Setback 5. 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 9. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10: The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. -3- 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other,bazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). -4- 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25. NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S, Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. c 11 e Liz'Na!Prcje fdnager Wilmington R latory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 -5- Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 U EE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 1, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Local Permit Officer Town of Morehead City Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Promise Land, LLC c/o Phillip Lewis Donald R. van der Vaart Secretary �ZEcEVEo pPR 2 210'h ter itov;60 Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the Morehead City waterfront area. Proposed Project: Proposes to reconfigure a 2-slip docking facility with the removal of the existing platform and boatlifts. They propose to add a total of nine slips (2 existing and 7 new)with boatlifts, add finger piers and a new access in order to accommodate each land owner with a slip. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. 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 _AJlLds V !J DATE . �{ 17 I lS P�Loferx IA M VtfLiR 4&X> 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 22552�-808-28081 FAX 252-247.33301 Internet: www,nccoastalmanagement.net An qual Opportunity I Affirmative Action Employer Govoni, Daniel From: Styron; Heather M. Sent: Tuesday, June 16, 2015 7:53 AM To: Govoni, Daniel Subject: FW: Actions Summary - Morehead City Council Meeting on Tuesday, May 9, 2015 Attachments: 6.9.2015.doc; ATTOOOOi.htm FYI (promise landing major) From: Phil Lewis rmailto:olewis(cbcbsnc.coml Sent: Thursday, June 11, 2015 2:47 PM To: Styron, Heather M. Subject: Fwd: Actions Summary - Morehead City Council Meeting on Tuesday, May 9, 2015 good afternoon 1 Allen Bally ask me to forward this to you.l don't think he has email. Thanks Phil Lewis Phil Lewis Sent from my iPad Begin forwarded message: From: Linda Staab <lindastaab@bizec.rr.com> Date: June 11, 2015 at 1:33:14 PM EDT To: <plewis@cbsnc.com> Subject: FW: Actions Summary - Morehead City Council Meeting on Tuesday, May 9, 2015 Phil, Attached please find the Action Summary from the May 9 2015 Council meeting. The ordinance amendment you requested with regard to Common Docks was adopted and the City no longer has any objection to your pending CAMA permit application. If you have further questions or require additional information, please do not hesitate to contact me at (252)-726-6848, x 121. Linda Linda V. Staab Director of Planning and Inspections Town of Morehead City From: Jeanne Giblin [mailto:mcclerkCulbizec.rr.coml Sent: Thursday, June 11, 2015 9:06 AM To: Anna Harvey; Bernette Morris; Carol Lohr; Chamber of Commerce; Chris Guilford; Chris Milner; City Manager; Craig Lands; Daniel Williams; David McCabe; Derek Taylor; DMCRA; Ellen Sewell; ENC Weekly; Garland Terry; Grace Contreras; Graham Strother; Jamie Fulk; Janet Hill; Jeanne Giblin; Jeannie Drake; Jewell Lasater; Karrie C. Trebbe; Ken Wood; Linda Murphy; Linda Staab; McGladrey & Pulllen; Nelson Taylor; News 14 Carolina; Sandi Watkins; Shirl Meadows; Susan Nixon; The Jacksonville Daily News; Tina [Taylor & Taylor]; Tom Saunders; WCT112 and Fox 8/14; Webb Memorial Library; Will Lucas; WITN-7; WNCT 9; WTKF-FM, Ben Ball; Bill Taylor; Demus L. Thompson; Diane Warrender; George Ballou; Harvey Walker; Jerry Jones Subject: Actions Summary - Morehead City Council Meeting on Tuesday, May 9, 2015 Please see that attached Actions Summary of the Morehead City Council Meeting on Tuesday, May 9, 2015. Jeanne M. Giblin, City Clerk Town of Morehead City 202 South 81h Street Morehead City, N.C. 28557 [252] 726-6848, Extension 139 [252] 222-3082 Fax mcclerk@bizec.rr.com AGENDA ACTIONS SUMMARY MOREHEAD CITY TOWN COUNCIL Tuesday, June 9, 2015 at 5:30 p.m. Municipal Chambers 202 South 81h Street ACTION Regular Meeting Call to Order, Invocation and Pledge of Allegiance Adoption of the CONSENT AGENDA: A. Approval of Minutes: Tuesday, May 12, 2015 — Regular Meeting Approved Tuesday, May 26, 2015 — Special Meeting Approved B. Approve the Requests for Release of Overpayment of Ad Valorem Taxes for May 2015, in the amount of $1,592.69; and Accept the Tax Collector and Finance Director Reports for May 2015 Approved C. Request for a Certificate of Convenience and Necessity [Taxi Franchise] for Old Town Taxi, LLC, Charles McDonald [Owner], 316 Marsh Street, Beaufort, N.C. — Set the date of the Public Hearing for Tuesday, July 14, 2015 at 5:30 p.m. Set Public Hearing date D. Adopt Ordinance 2015-21 Re -adopting Ordinance 2003-37 Due to a Clerical Error in the Original Ordinance Adopted E. Award of Phase I — Immediate Response Debris Clearing and Phase II — Vegetative and C & D Debris Removal Contracts Awarded F. Recommendation of Arendell Engineers of Morehead City for the Webb Memorial Library Building -- Structural and Building Systems Assessment Approved Public Hearings: A. Adopt FY2015/2016 Budget Ordinance 2015-20 in the amount of $25,287,700 with a Tax Rate of $0.35 per One $100 of Assessed Valuation Adopted B. Contiguous Annexation Request from APATB Group, LLC, for property located at 3203 Old Gate Road, Tax PIN 6376-1165- 7664-000, approximately .73 acres, zoned R-20 [Single Family Residential] District -- Adopt Ordinance 2015-14 Adopted C. Request Submitted by David Horton, on Behalf of James and Carol Sloan to Rezone Tax Parcel #6366-0127-9888-000, located at 137 Gloria Dawn Road from R15M [Single -Family Residential/ Manufactured Home] District to CH [Highway Commercial] District — Adopt Resolution 2015-29 and Ordinance 2015-17 Adopted D. Request Submitted by Phil Lewis to Amend Article 14-31 [L] of the Unified Development Ordinance to Add an Exception to the Regulations Pertaining to Residential Docks and Piers which would Permit an Accessory Use Dock on a Waterfront Lot or Multiple Adjoining Lots within Areas Shown on the Official Map of Morehead City in Map Book 1, Page 131 of the Carteret County Registry and Which Would be a Common Dock for Use by the Contiguous Waterfront Lot Owners and Non -Waterfront Lot Owners within the Same Platted Block - Subject to Conditions — Adopt Resolution 2015-30 and Ordinance 2015-18 Adopted E. City -Initiated Request to Amend Article 12-2.5[D] of the Unified Development Ordinance to Adjust Regulations Pertaining to Sidewalk Cafes Permitted in the Downtown Business [DB] and Downtown Commercial [CD] Districts — Adopt Resolution 2015-31 and Ordinance 2015-19 Adopted F. Request for Review and Approval of the Pamlico Sound Regional Hazard Mitigation Plan -- Adopt Resolution 2015-28 Adopted IV. New Business: Request from Stroud Engineering, P.A., on behalf of Charles S. Hester, Jr., for Sketch Plan Review for Mitchell Village Business Park, located at the southern terminus of Byrd Street, accessed by Executive Drive from the north Approved V. Citizen Requests/Comments: [2 minute time limit] VI. City Manager's Report: Request to Consider Elimination of Morehead City's Commercial Mail Receiving Agency [CMRA] Further Review by Finance Committee VII. Council Requests/Comments Vill. Approve CLOSED SESSION Minutes of Tuesday, March 10, 2015 Approved & Released IX. Adjournment B E` WATER -r 1N4/aiGl Alan G. Bailey PO Box 93, Morehead City, NC 28557 504-0737 • 726-5443 Oc tviS� o GontlN4. ov w�+� /h./ Ac,v;S �/aJo✓ `De�.r1J1L / duns 19jue WaA,- SL E WATER Alan G. Bailey PO Box 93, Morehead City, NC 28557 504-0737 • 726-5443 1-e t!I/.S I/fOjO fJ' '00oC.rN'7/ /./CCctoe,e %,.JN 004'/JA"vAea ei/ Aas owJimaNce- Co..���0/4rM�d Lu/i1�./1 —ri.. S I,"OPAp-Sa /� GJe w'is l� io Auf- f/11ujo..-/Oc.,y.1,'t /�/D�o/i�4//'a.�/ m�v A.lcg �!/ We GaN (Peso%c ;s issue. /pl..- Act.;S eONUC&-Safisa/ %tACJ-k /-;NdQ .Sf.46 "J 9Ue3t1aNS CoLd ,t1GI)/a.r /Sa;IGy(4je./-)/,t4- 2sz say_o-)17 o yr /*f /^ c a,,% z sz - .r31- 7?04• / �lorilEJ Fo" uourAlAoHt /f,a AV- /-"a- RECEIVED APR 2 8 1015 Ok w"IWnd b04,�, NCDENR Nor h Ci7orma Depat tent of IEmv"n , ent and httml Resources »e" Ekwit'iyPirply) Promise Land LLC C/o Blue Water Marine Construction Inc. P.O Box 93 Morehead City, NC 28557 Dear Mr. Lewis: D=IIJ R. yam filar Vatar Slai�tr� 4/1/15 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at the property along 1009 Shepard Street in Morehead City. The complete package was received on 3/17/15. The projected deadline for making a decision is 5/31/15. 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 3/17/15, 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. 4sirt rely, eather M. Styron Coastal Management Representative Cc. Mr. Phillip A. Lewis, property owner 4MGoa, vewAv , Vcealwd Qlly,, My& Canmlimal20b7 M4EI=\UFAX M-247/ 11M to mmmesaslalmaza garsit mzf[ AmEgOlQT h MTyVX=ffwAffmnE4byw-miimpmtl*=06aaW� =T::1 r ILI = 1 1 � ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management' Major Permit Application Computer Sheet (02/15/2010) Applicant: Promise Land LLC Date: 3/27/15 Project Site County Carteret Staff: HMS District: ❑Elizabeth City ❑Washington ®Morehead City []Wilmington Project Name: Promise Land LLC docking facility Date application received in the Field office (EX: 1/8/2007): 3/12/15 Date application "received as complete" in the Field office (EX: 1/8/2007): 3/12/15 Permit Authorization: NCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes N No❑ Setback Required (riparian): ®Yes ❑No Critical Habitat: ❑Yes NNo ❑Not Sure 15 foot waiver obtained: [-]Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: ❑Yes NNo [_]Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts: ®Yes []No Sandbags: ❑Yes NNo ❑ Not Sure Did the land use classification come from county LUP: ❑Yes NNo Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: []Yes NNo ❑NA Environmental Assessment Done: I ❑Yes NNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) N High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE i ❑ No fee required - $0.00 ll(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 cala be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 4PV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Promise Land LLC Date: 3/27/15 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One pier 1 New Work ® Replace 125' 6' Maint ❑ ❑ Y ON Finger piers 4 New Work ® Replace 25' 4' Maint ❑ ❑ Y ON 9 New Work ® Replace boatlifts Maint ❑ ❑ Y ® N 25 11 platform 1 New Work Replace 25' 16' Maint ® ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised 0211 SM0 IVC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Promise Land LLC Date: 3/27/15 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or ternimpacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge Fill ❑ Both ❑ Other ❑ 5,400 5,400 Dredge ® Fill ❑ Both ❑ Other ❑ ' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02115110 BwE`- WATER Alan G. Bailey PO Box 93, Morehead City, NC 28557 504-0737 • 726-5443 ,Pv`Owise.9 /nnQ' o&oe-t-04m, f- /C>O S�e`narr.�Sf /%1o.�e ale r�u/r Ma l", Ex;srinY /G� /cvyoU;r{ �3ou� Gc�l o � Gas tSicGe o f L�C;g'Yt..q GQoc.K J ✓ 2.) (.9:i1 QeKno�c /}iDp�o,c. /o'K6 uieeo{fL�Xfslins l /OfatFnr,ry to l:cs.,kn Accorvioefc.ft Amok o:� Nccj jp1%Vo5ed> 6'�tIZS a�ocK. 3.) U)e- W , \\ ri l\ im /4pbpoc� 20 yc/d Tio 3;jc M-O� / /Qf is ' S��G i0 1rc[.e95 nf 4; �} OHe- I;Ad yfaN 6 K /ZS- dco m . LOA- wN\1 (Oui �� f4 6 , a oPa X I ZS Lomas Qo�lc �c,st si�Pe o� Ex sf,..� j oc.IC tz�i� Li - �f�x2s` F,r�e✓ fpie�s W(niclk wiU CNGrt= - 11�6piQe �( LS ,�.o NQ SI i�p's Fo✓' �otxs.'f /..i s O✓' iJJ`e'f $�ipU,$ .l',Yk 5 bete- 6-6 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNIA.IVER FORNI Marne of Individual applying for Pert -nit: .&//� f% �eu�>s tr/ ✓Y%MtSC �ene?i.o" Address of'Prnpertv:�pD9 SLIepAa A"%acdclly til.0 2xSs-'J (Lot or Street #, Street or Road, City & County) I hereby certify. that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal.. If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC, 28557orcal!(252) 808-2808within 10 days of receipt of this notice. No response is considered the same as no objection If you have been notified by Certified Mai! WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, boatlift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If You wish to waivq the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Applicant Information) 100 r5mX 94'zoJ9osfastA.r; f� Blvd Marling Address GNeenu;tle N.0 27 Ss£t City/State/Zip Asa -sir- ?joy Telephone Number lr- s - zor y Date Telephone Number Date I 0 S t � 3 S \ 1° 'zS ` V' ,c nilk- s r, 1 4601 1 \ v W a NWp ' 11TH STREET PAVED S' 67' R/W PARKING S 04.06'30'W 2 ' N 04.06'30'E 306.09' Tota(� 21pu_lan Setback _ _ /�"�•PIA 56.09' �y'! I50.00' fp 100A0' Y ?lu PID 6396,19.50.8599 C e olo f P[D: 6386.19.50.9701 O q y � ol� 1w ro 73,43' Pfa ri 150.00' -Iv 100.00, v�.w lA {% i I 323.43' Total -- S o4•G6'30'W �1r e� PIl 6386,19.50.9658 N 04.06'30'E 343.84' Total z — i m 56 PI➢, 638639.60.0618 O I]'siq ' 257.00' 105 ToFf--- S 04.0 '42'W �f4 ^S 04.08'42'W i 12 .00' 1r `0fp 120.00' y PID, 6386.19,60.0554 o R PID- 6386.19.60.0762 CrC o t15.00' ri 120.00' sfA sfy i N 04'OB'42'E —�� 263.00' Total z 120.00' N 04.OB'42'E — iy i I ^ m NN ) PPID: 6386.19.60.1503 = PID1 6386.19.60,1619 p r emo 130.00' 0IP �, 263.00' Total 1_ ^ S 04.0 '42'W r— (J 0' r L-y �'Qa R SQUARE 99 Fs� ��6 MOREHEAD CITY, NCO MAP BOOK 1 PAGE 139 LOTH STREET 60' R/W NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Legal Advertisement Section Donald R. van der Vaart Secretary a/27/15 Re: Public Notice — Promise Land LLC, 1009 Shepard St, Morehead City To Whom It May Concern: �G( C Please publish the attached Notice in th n11115,sue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, itea er/{-G*on Heather M. Styron Coastal Management Representative 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Oppodunify 1 Affirmative Aclion Employer— Made in pad by recycled paper NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a developme pe i an Area of Environmental Concern as designated under the CAMA was received o 3 1 According to the application, Promise Land LLC applied for a permit to reconfigure the g docking facility by removing the existing platform and existing boatlifts, addition of new platform, finger piers, boatlifts, 7 new slips for a total of 9 slips and a pier addition at 1009 Shepard Street, Morehead City, Carteret County. A copy of the entire application may be examined or copied at the office of Heather M. Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton Davis, Directoocidered of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, priortwill be considered in making the permit decision. Later comments will be accepted up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED O : 4 1/15 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Date /- 30-/--r- Applicant Name Braxton C. Davis Director Mailing Address Po 130Y 4 [ 2 G acoN N i l ie 14-C• Z 7 V35� John E. Skvarla, III Secretary I certify that I have authorized (agent) Qiat W o t-0- %L%a«,iVa eym4L to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Poi ld 100'-�e P�; c Aoctf l P46 at (location) SGt oa.t Sfee&l, erl, N.C. 21-S-6-7 This certification Signature valid thru (date) is 31^ 20%r- 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Nturall'ff ehCarolina FILE ;I WIN Fes MGISlaa110N REGISTER Of OEE. J Y LEYfatlaa NOFV i CAROUNA. CAR1EA£ ODUNTY nVl ral ewalY NG 7llnmxm,m.dand Oft 0Vt =l9VF*dyded■t May 96, 2014 D6:46:42 AN m.dee¢.nam»endha»eaok.dru.M�6w^ LDL DEED 3 P DA tlu hMppehMof. FEE $26.00 tad FILE 8 14786% NORTH CAROLINA GENERAL WARRANTY DEED Exclse Tat: 0.00 psmel identifier, No.6386.19.60.0762000 Verified by County on the_ day of .20_ By M.Max to: Harris Law Firm, P•LLC., 8754 Reed Drive, Suite 14, Emerald Isle, NC 28594 This immumentwas prepared by. Hmmis law Firm P.LLC.-NOTITLE SEARCH REQUESTED OR PERFORMED- Y.0 • r ana ., � ,� John R. Raney, Jr. and wife, Billie P. Roney 107 Woodlmvn Drive Williarnamn, NC 27892 by and between NC 27835-0662 Enterin appropriate block for each Granmr and Grantee: Home, asalmg address, "if appsoprune, character of malty. e.g. oorporetion or partnership. - Tbe deaignaso¢ Grantor and Grantee pa used henna shall include said parses, tbeirbeda, successors, and assigns, and sW Include singular, Placed, masculine, feminine or neuter as required by coate 1. these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, met" load crocadommu situated in the City of Morehead City Morehead Township, Carteret G North Carolina and mom particularly described as follows: BEING all of Lot 12 in Square 99 as shown on the official map of the Tow¢ of Morehead City recorded in Map Book I, Page 139, Carted County Registry. BEING all of tax parcel cumber: 6356,19.60.0762000 The property heteinabove described was acquired byGranmr by instmateum recorded in Book 1458 page 61 AB or a portion of the property herein conveyed _includes or -1 does not include the primary residence of a Grantor. A map showing the shove described property is recorded in Plat Book 31 page 689 FIV1 Of NC Ba AssociaUm FawNa 301976, NerhedC 1977,2uQ2, 2a13 This eavdvd fats Lan been Slumd by: Pnadhy AVe wandw NCBarAnodW1aa-1991 Nsah Ceoaaa A.a don-NCner Fats No.3 BOOK�PAGE,Lq „ J I TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances them belonging to the Grantee in fee simple. And the Grantor covenams with the Graatee, that Grantor is seized of the premises is fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all eocumbraoces, and that Graamr will warrant and defend the title against thelewful Claims of all persons whomsoever, other than the following exceptions: 2014 ad valorem taxes; Easements mid Restrictions of Record. IN WITNESS WHEREOF, the Gramtor has duly executed the foregoing as oPdwday*d year PVt "e wrinea (Entity Name) Prio NMavlr IV U By Ilia g Kt PrWc ype Name & Title: PrinV1ype Name: By. Ptim/1'ype Name & Title: PriaVlype Name: By Prim/fype Name & Tide: P=Vfype Name: State of North arol�-"County or City of 1, the undersigned NOmy Public of the County ar Cry of and Scene aforesaid, certify that John It �._ dwif BdEe P. Ron paamally appearedbefore methisdayand avlmowled)gdmedm ea imttumegt for the purposes therein expressed. Wittiest my hand and Nom111 a m seal this M day of N 2A NIty rll. N.;3, • S%gJa /P otary Public rA-�.-+�'��`a; y Notarys lammed or Typed Name -- _ --Public of the Ctsumy or Csly of and State aforesaid, certify that personally appeared before me this day and acknowledged We due exeeatien of tha fosegoing instrument for tae purposes therein expressed. Witness my hand and Notarial scamp on seal this _ day of MY Co®esim ExPbra: Notary Public (Affix Sap Notary's Printed or'fyped Name State of -County or City of 1, the undersigned Notary Public of the Comfy w Ctty of and State aforesaid, certify that personally cadre before me this day and acknowledged that _ye is the of a North Carolina or corporatiowlimited liability company/general parmershipulimited partnership (strike through the inapplicable), and that by authority daily given and as the act of such cotity, _be signed the foregoing lasimment in is name on is behalf as is am and deed. Witrom my hand and Notarial stamp or seal, this —day of , 20_ My Commission Expires: Notary Public (Affix Seal) Notary's PnMed erTyped Name Paa 2d2 NCtsar A>xo-vtioe Perm N. )O 1976.Pakb,)O IffP1.2WL. 2013 li. a.amaforma- CI ePwoa by Prmm1 by Asrtemmr with the NC ass AYociaaea- i991 NaW Cndiu Bu Astaaaaae-NC Bn Prom No. l BOOK�PAGE� ___J �q4E9 �*0�2Fo i ATTACHMENT BEING all of Lot 12 in Square 99 as shown on the official map of the Town of Morehead City recorded in Map Book 1, Page 139, Carteret County Registry. BEING all of tax parcel number: 6386.19.60.0762000 13N LEWIS-DEED 1007 Shepwd &reel, MwN GM NC 28551 BOOKI�PAGE ATTACHMENT BEING all of Lots 12 and 13 In Square 99 as shown of the official map of the Town of Morehead City , together with the extension of Lots 12 and 13, Square 99 In mid Town of Morehead City to the mean high water mark of Bogus Sound as more particularly described below: BEGINNING at a stake in the line of Lot 11 and Lot 12, Block 99, which stake is basted S 6-45 W 39.5 feet from a point in the southern right of way line of Shepard Street,a common corner of Lola 1t and 12; thence from said beginning point S 4-45 W 201 A6 feet with the Alex M. Lewis lane to an Iron pipe, the southeast comer of the Alex M. Lewis lot thence with the mean high water mark of Bogus Sound S 38-30 E 150.1 feet to an Iron pipe: thence N 545 E 298.6 feet to a poird; thence N 74.57 W 111.45 feet to the point of beginning and being an extension of Lots 12 and 13 to the present mean high watermark of Bogus Sound. The above being all of Lots 12. 13, 3 and 4 of Square 99, in the Town of Morehead City, fronting to Shepard Street and running to the mean high water mark of Bogus Sound, Including all riparian and Worst rights incidental thereto. For title reference see Dead of record In Book 225, Page 477. Book 130, Page 278; and Book 142, Page 499, Carteret, County Registry. The above property Is as of that property as shown on that plat entitled "Croatan Inyesbnents Co., LLC" recorded In Map Book 31, Page 689, which description is Incorporated hereby reference. 125 -tWSCR ATM 1003, 1005. 61C07 Shepard St, 1wv l sd ON NC 2W57 BOOKZSO�AGE �, o TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurteneoces theretobelonging to the Grantee in fee simple. And the Grantor covenants with the Granter, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 2013 ad valercm taxes; Easements and Restrictions of Record. IN WITNESS WIIEREOF, the Grantor has duly executed the foregoing as of the day and year first shove written. troy n Oyments Co., LLC (SEAL) PnnVfype Name: B• (SEAL) Print/type Name & Title: Waher D. Brady, Manager Printll'ype Name; - By: (SEAL) PrinuType Name &Title:.. Printllype Name: By PrmtRype Name & Title: Pnnu7ype State of -County or City of 1, the undersigned Notary public of the County or City of and Sate aforesaid, certify that personally appeared before me thisdayand acknowledged the ducexc¢ution of the foregoing instrument for the purposes therinexprmd. Witness my hand and Notarial stamp or seal this _ day of , 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Nrrc State of North Cent - County or City of Csnaret I, the uudaxiggnveed tary Public of the County or City of Carteret and State aforesaid, testify that _ Waltr NoD. wady personally came before me this day and aclmowicW that _he is the Manager of Croat® Investments Co., LLC , e North Carolina or curporatioMimisd liability conpanyfgtnlral partmedupllimitd partnership (strike though the inapplicable), and that by authority duly given and as the act of such entity, Joe signed the foregoing instrument in its name on its behalf as its act AM deed. Witness my hand and Notarial scamp or seal, this 1L slay of ,�[emK/ 20-ZA . a.r.. ,,. 4 My Cortunission Expires: 53L-/is NOT VZZ�p, otary Public (Affix Seal) ' Ably F Notnry'a Printed orTypedNarue State of 1, the undersigned Nutary Public Witness my hand and Notarial sump or sea]. this My Comrmssion Expires: (Affix Sea]) NC Br Auoti F. No, 30 IW6. RrVb CVIR010 Nxad by Apenrcu wuh as NC Br Auaiaton oft"that 20_ Public Notary's Printed or Typed Name BOOQ4AGE�_ .. �, tL - 1. -... _ r�... - r .. .. NORM CAROLINA, CAMTW C&-*M Me immanent and Bat ordliaduly le am 1Ned at r�' C { f LC II the deb and throe and In the Bonk and Pegs shown on the first pa eherad rsn rd Dasa FOR NEGISTa0TIONNa�KC16M OF DEEDS rar�irat cwitr. NG Decukr 12, 2612 11:66:63 AM raor. LDL DEED 3 P r¢ suss K RMU STNF 1,663.00 FILE t 1 NORTH CAROLINA GENERAL WARRANTY DEED Elie _— day of , 20_ f Mail/Box m: Harris lasv Firm. P.LLC., e754 Bead Drive, Suite 14, Emerald Isle, NC 29594 This instrument was prepared by: Harris i.aw Firm, P.LLC. Brief dexriptiom for the Index: LOTS 12 AND 13, SQUARE 99 THIS DEED made this I Ith day of December , 20I2 by and between Croarsn Investments Co., LLC 300 North 35th Street Morehead City, NC 29557 Enter in appropriate block for each Grantor and Grantee: name, PhillipA-Lewis PO Box 662 Granville, NC 27835-0662 address, and, if appropriate, character of runty, e.g. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and nssigus, and shall include singular, plural, masculine, feminine or router as, required by context WITNESSETH, that the Grantor, for a valuable consideration paidby the Granter, the recciptofwhich is hereby acknowledged, has aud by Urge presents does grant, bargain, sell and convey mto the Crania in fee simple, all than certain Ia in parcel of lard situated in the Ciryof_ Morehead City Morehead Township, Carteret County, North Carotins and more particularly described m follows See Attached The property hereinabove described was acquired by Grantor by instrument rescinded in Book 1106 page 329 AB or a portion of the property herein conveyed _ includes or IL_ does Dot include the primary residence of a Grsmor. A map showing the above described property is recorded in PW Book page NC B. Nwc Fan Nor 30 1414R sal O MMIO PnarM aY Apaaimt r{tp ear NC By Avalnfm BOOK AGE_? V l r. pr n NORTHC1ROLATA C.ARTERET COUNTY The unQe{signed Notary Public of the county and state aforesaid hereby certifies that Dorothy L. Guthrie) personally cane before me and acknowledged the due execution of the foregoing instrument. WHNESS my hand and notarial seal, this l I day of July, 2001. Notary Public r7 a"'4(1r;;,�1 /-4, My commission vvim: M&,! "Al �'IMI 1•fy3..}. ik NORTH CAROLINA, CARSERET COUNTY The wn going cenllaxee(s) u" Nolery PWIC(s) mare cediead W t Wm L TMs k6lMMM xM tMe cenm- We ere duty r44stan at Me dale etM emo and h the Book and Peyo shO,m on tha "bet page netao". AMut, Re L —r7� rnw e.s�e•sm BOOK- 21� PAGE-354 00 W a distance of 11.70 feet to a point; running thence S 0644-52 W a distance of 29.43 feet to a point; running thence N 78-56-00 W a distance of 48.00 feet to a point; running thence N 05-45-00 E and along the now or [orrticr Church property east line (deed recorded in Book 444, page 133, Carteret County Registry), a distance of 366.28 feet to an existing iron pipe located in the southern right-of-way margin of Shepard Street, the point and place of beginning. Together with all riparian and littond rights incident and appurtenant thereto. Containing 0.50 acres, more or less, in accordance with survey entitled 'Physical Survey of the William E. Guthrie Property, Lots 5 & 11, Block 99, Town of Morehead", dated May 17, 2001, prepared by Atlantic Coast Professional Surveying, PA, to which reference is made for greater certainty of descnptiom Subject to valid and enforceable restrictive covenants, easements and encumbrances of record. TOHAVEAND TOHOLD the aforesaid lot orparml oflandand all privileges andappurtenances thereto belonging to the Grantees in fee simple. And the Grantor, covenants with the Grantees, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances with the exceptions stated herein, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. PROVIDED, HOWEVER, no warranties are expressed or implied jar that portion of the property lying within the controlled waters ofBogue Sound. NWHTNP.SS WHEREOF the Grantor has hereunto set her hand andseal on the day and year first above written, or if corporate, have caused this instrument to be executed in the name of said corporation, with the official corporate seal affixed, also on the day and year first above written. &,,AA,Y. (SEAL) DoroILL L. Guthrie N 1 1 I / 1I♦s 1. CartirharCou"tr "lister of Dee4s RH Date ovenmi Time 15eieeoo 8R 914356 Pale 1 of 3 Prepared by: S. A. McConkey, Attorney at Law, Morehead City, North Carolina Parcel No. 638619600618000 Doc. Stamps: $435. 00 NORTH C'AOL1NA CARTERE`T COUNTY THIS WARRANTYDEED made and entered into this ?71" day ofJuly, 1001, by and between: ca 3l C erearly Rwt•!•: nMl2NI 8435.110 Dorothy L. Guthrie, widow ^" Real Estate (hereinafter called "GRANTOR") ` laelme Tom and Philip A. Lewis Of P.O. Box 661 Greenville, NC 27835 (hermwfler called "GRANTEE) WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantees, the receipt and sufficiency ofwhich is hereby acknowledged, has and by thesepresents does grant, bargain, sell and convey unto the Grantees in feesimple all ofmy interest in and to that certain tract or parcel of land situated in the Town of Morehead, Carteret County, North Carolina and moreparticularly described as follows. Beginning at an existing inn pipe located in the southern right-of-way margin of Shepard Steel, laid existing iron pipe being located S 84-15-00 E a distance of 100.00 feet from the intelsmdon of the southcm right-of-way margin of Shepard Street and the eastem right-of-way margin of I1' Street, all as shown on that plat of the Town of Morehead City of record in Map Book 1, page 139, Carteret County Registry; FROM SAID POINT OF BEGINNING, running thence S 84-15-00 E and along the southern right-of- way margin of Shepard Street, a distance of 60.00 feet to in iron rod set, said Point being the northwest corner of the Bennett property (deed recorded m Book 330, page 430, Carteret County Registry); running thence S 0545-00 W and along the weatem line of the Bennett property a distance of 340.91 feet to a point located in the marsh ofBogue Sound; numing thenceN 86-09- BOOK-- Al 14 - Q� Title W the property hereinabove is subject to the following exceptions: 1. Restiictive Covenants of record. 2. Public ittilitycasements ofrecord. IN WITNESS WHEREOF, the Grantor has hereunto set ''s hand and seal the day and year first above written. (SEAL) ]. BRYANT KA'1 (SEAL) CYNTHIA D. ARELLB STATE OFgr}r��tYL(d COUNTY OF t I, _ a Notary Public of the aforesaid unty and State, do hereby certi at J. BRYANT ILL AND WIPE, CYNTHIA D. KL[, personally came before q e this day and ackn ged the due execution of the foregoing t ment. WITNESS my hand and official stamp or seal, this the ilL day of December, 200PAL M, NOTARY PUBLIC e`:n '� t _t •'i �, My Commission Expires:__ F:Uv1SOfficeldoytmtents\DEEDSUewis deed from lewis.doc BOOK—(-1 PAGE_` NORTH CAnOLINA, CAMERErcouNTV The PoragOtnp 001filiceN(s) of Notary Publietp lerera wrhkod to be conecl. T IRe leetpiment and tNe wr% Cate are duly ret¢gteron et ajd dato and time and'In NO Hook a eye, shown en the Nr61 page hared{ IN I Iarae Adhur, p e+ pooch B aawrear.ase.,uo.e, . �rtlr U O R.r COr0ulli r it P?he I^%l it rON! i'n0r! lira SR ?67461 P.+gr 1. of 2 Past B63R619509701 Excise Tax M- File No. 6503 NORTH CAROLINA GENERAL WARRANTY DEED This DEED'madc this the 101h day of December, 2002, by and between J. BRYANT KITTRELL, III AND WIPE,, CYNPHIA D. KITTRELL, hereinafter "Grantor" and PHILLIP A. LEWIS, P.O. Box 66Z Greenville, NC 27835, hereinafter "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, jnasculine, feminine or neuter as required by context. WITNESSETH: That tfie or, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknow , i4lhas and by these presents does giant, bargain, sell and convey unto the Grantee in fee simpleilall of his interest in that certain lot or parcel of land situated in Morehead Township, Carteret County, North Carolina and more particularly described as follows: Being all of Tract 9 as per that map of James I. Phillips recorded in Map Book 29, Page 83, Carteret County Registry, which map is entitled'"'Chuck Bissett, Recombination of Lots 6 through 10 in Block 99, of the Town of Morehead City." Said tract containing 5000.90 square fee more or less, fronting approximately 50 feet on Shepard Street and 100 feet on I lths Street. The purpose of this deed is to convey all of Grantee's interest in the property which is a 25% interest as shown on that deed recorded in Book 923, Page 692, Carteret County Registry. NO TITLE SEARCH PERFORMED OR REQUESM TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has Oe right to convey the same in fee simple, that title is marketable and ftr:e and clear of all encumbrances, arld that Grantor will warrant and defend the title against the lawful claims of all persons whomsoevge!xcept for. the exceptions hereinafter stated. Title to the property hereinabove is subject to the following exceptions: 1. Restrictive Covenants of record. 2. Public utility easements of record ( J t BOOKQ PAOLAX�_. I Bennett, Ronda From: Bennett, Ronda Sent: Thursday, March 12, 2015 11:22 AM To: Styron, Heather M.; Mason, Connie W Subject: Promise Land LLC Major App fee Attachments: Bennett Ronda.vcf Please let me know when either of you receive the check for this major application and the check number. I will need to note on permit file that it was paid and the check number. Thanks. *E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.* ,Department of Environment and Natur... Office Manager Bennett;, Ronda (252) 808-2808 Ext. 206 work ronda,bennettCancderv;gov NC,Division gf.Coastal Management .50b C oii matte Avenue' Morehead dty, North Carolina 28557 %v vw.nccoastalmanagement.net Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.