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HomeMy WebLinkAbout59-15 Sweeney, CharlesPemult Class Permit Number NEW 59-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Qy Coastal Resources Commission G� ermtt 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 Charles E. Sweeny, 311 Summer Rest Road, Wilmington, NC 28405 Authorizing development in New Hanover County at AIWW. 311 Summer Rest Road. Wilmington , as requested in the permittee's application dated 2/2115 including the attached workplan drawings (2) both dated 2/2/15 This permit, issued on May 12, 2615 , 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 )e subject to tines, imprisonment or civil action; or may cause the permit to be null ana voia. Dockine Facility 1) Unless specifically altered herein, this permit authorizes the docking facility, gazebo, boatlifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this pennit for which the pennittee is responsible. This prohibition shall be appli�fflg. enforced throughout the entire existence of the permitted structure. MAY 2 4 2015 (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. 001+v Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. - Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles Sweeney Permit #59-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) The access pier shall be elevated at least six feet above Normal High Water over the navigable channel and shall span the entire navigable channel to allow for public use. 4) Any portion of the docking facility built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5) The pier and 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 corridor. 6) No portion of the authorized docking facility shall exceed the established pier head line. 7) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) 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. 10) 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. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit authorizes a total of 4 formalized boatslips association with this docking facility. 13) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization, 14) The roof of the gazebo shall not be designed for second story use. Charles Sweeney ADDITIONAL CONDITIONS General Permit #59-15 Page 3 of 3 15) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 16) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0237. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00612 which was issued on 3/30/15. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED MAY 2 6 1015 1K+04-"Mw kN° I� Permit Class Permit Number NEW 59-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Charles E. Sweeny, 311 Summer Rest Road, Wilmington. NC 28405 Authorizing development in New Hanover County at AIWW, 311 Summer Rest Road, Wilmington , as requested in the permittee's application dated 2/2/15 including the attached worknlan drawings (2) both dated 2/2/15 This permit, issued on May 12, 2074 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suoject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docking facility, gazebo, boatlifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles Sweeney Permit #59-1§ Page 2 of 3 ADDITIONAL. CONDITIONS 3) The access pier shall be elevated at least six feet above Normal High Water over the navigable channel and shall span the entire navigable channel to allow for public use. 4) Any portion of the docking facility built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5) The pier and 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 corridor. 6) No portion of the authorized docking facility shall exceed the established pier head line. 7) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) 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. 10) 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. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit authorizes a total of 4 formalized boatslips association with this docking facility. 13) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 14) The roof of the gazebo shall not be designed for second story use. Charles, Sweeney ADDITIONAL CONDITIONS General Permit #59-15 Page 3 of 3 15) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 16) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0237. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00612 which was issued on 3/30/15. NOTE: An application processing fee of $250 was received by DCM for this project. OCM Mr-1 APPLICATION for RECEIVED Maior Development Permit MAR Act (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name ,( C//gl2rlt� MI � Last Name Ju/C�Yt Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 7r �t 311SyM*Merk1!!7 City W►l�� ram, State nl C ZIP ountry uS� Phone No. Q �/ ext SS FAX No. Sheet Address (ifdifferent from above) City State ZIP Email - e, ec, rncam Al 2. AgendContractor Information Business Name Agent( Contractor 1: First Name -/, k 4 MI Last Name J- Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 4Y City 41AJ 6,VA4 Btu State I Nc ZIP �B`l Phone No. 1 ash 3a6a 6* Phone No. 2 ext. 1p FAX No. Contractor s Street Address (if different from above) City State ZIP Email 1 el PM3A."104 t z_ :_iVED <Form continues on back> DCM WILMINGTON, NC FFB 1 12015 .t Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for MAR 0 3 2015 Major Development Permit n!o'wwR PITY 3. Project Location County (can be multiple) eld dwqtx, Street Address 3/1 SAAOK�-w- &Irfa- State Rd. # Subdivision Name City Pdoi State >v(I zip )aYW row, Phone No. Lot No.(s) (if many, attach additional page with list) 6711) -Y001- 13YL) e" I I , a. In which NC river basin is the project located? b. N M bo�y� water nearest to proposed project 6SYllt. ,1�/(�n// a Is t water body identified in (b) above, natural or manmade? WNatural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. Il C �*n e. Is proposed work within city limits or planning jurisdiction? E If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within. /,A1 NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) i�sy' c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) t (If many lot sizes, please attach additional page with a list) ❑NHW or IWNWL e. Vegetation on tract / f. Man-made features and uses now on bad S 1c jl�miM �evaeii �.I g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does kcal government zone the tract? i. Is the roposed project consistent with the applicable zoning? n zoning compliance certificate, if app icable) ❑No ❑NA I�YErkl �/ es j. Is the proposed activity part of an urban waterfront redevelopment proposal oyes M40 k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes QAo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes 13No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC FFB112015 net Fomh.DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? y ❑No (ti) Are there coastal wetlands on the site? Yes ❑No (III) If yes to either (i) or (4) above, has a delineation been conducted? Dyes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CUG d s`w�n MAR 0 3 7015 f!R'fM-"NF5 FITV o. Describe existing drinking water supply source. C hJ go:&% p. Describe existing storm water management or treatment systems. f n4S Af4dff 5. Activities and Impacts a. Will the project be for commercial, public, or private use?,pmmercial ❑PubliclGovemment ❑C/Vrivate/Gemmwiy b. Give a brief description of purpose, use, and daily ratans of the project when complete. ���. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. ' ilhLX &,H51NW'P ► 14910f 410&nl� 13M � to do sTvham^ s)rC d. List all development activities you propose. 5,i ):"'I 12tewv laPig -Y;si*W �lke e. Are the proposed activities maintenance of an existing project, new work, or both? /Y &k) A,6 L �(, f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq. Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes JZNo ❑NA that the public has established use of? h. Describe khcalion and type of existing and proposed discharges to waters of the state. NoN� I. Will wastewater or stomrwater be discharged into a wetland? ❑Yes UNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑N ❑NA j. Is there any mitigation proposed? ❑Yes ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC FEB 1 12015 ❑emrnt. n<wt Form DCM MP-1 (Page 4 of 4) RECEIVED APPLICATION for MAR 0 3 7015 Major Development Permit DEM-^!IMD CITY 0. Addidonallnfonnadon In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application insbvclion booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. pI' Name b (;'YI'rr111/ n' p / Phone No. IJv�aSd`/7�b Address 907;AmmIvRlfS+ /zN`1 /,rh2m j'►t"1 It/L ,�SY�S l Name &^gZuGe'Ayr,,,�,,� 1 Phone No. Address/dSo�lStias�!/1'�1Mr�Ws Q�v /�►t�Y,NlC.a1sa3 Name �r'�tholu Zw '—�' Phone No. Address/o/ G/r g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates- h. Signed consultant or agent authorization form, N applicable. I. Wetland delineation, N necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best f my knowledge. Date /` an�S Print Name C I F/y�ne �1 � Signature a Please indicate application attachments pertaining to your proposed project. VCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts CM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC FEB 1 12015 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED MAR 0 S HIS DP.foI-"H5 PITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facilhy/marina: ❑Commercial ❑PublictGovemment lizf1privatefi2cranienity c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length 7lv (iv) Width (v) Floating []Yes o e. (I) Are Platforms included? Yes []NO If yes: (ii) Number (iii) Length / (iv) width /6 (v) Floating ❑Yes N40 Note: Roofed areas are calculated twin dnphne dimensions. g. (i) Nymbar of slips proposed (ii) Number of slips existing b i. Check the proposed type of siting: ❑ Land cut and access channel Ven water; dredging for basin and/or channel Open water; no dredging required []Other; please describe: k. Typical boat length: m. (i) Will the ility have tie pilings? []Yes No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the fa be open to the general public? ❑Yes No d. (i) Are Finger Piers included? 4s []No If yes / (ii) Number n (iii) Length (iv) Width (v) Floating es []NO f. (i)Are Boatlifts included? des []No If yes: (ii) Number (iii) Length (iv) Width r-1-- 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 ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: []Pat ramp(s); number of boat ramps: Other, please describe: -A&Y j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1 I. (i) Will the falit be open to the general public? ❑Yes No RECEIVED DCM WILMINGTON, NC FEB 1 12015 revised: 12127,06 RECEIVED MAR 0 3 2015 Z DOCKING FACILITY/MARINA OPERATIONS I//1 10This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ 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. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or? 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? 1. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED in. Is the marina/docking facility proposed within a primary or secondary nursery area? DCM WILM INGTON, NC ❑Yes ❑No FEB 1 12015 RECEIVED Fdrm DCM MP-4 (Structures, Page 3 of 4F MAR 0 3 2015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCM-MM9 PITY ❑Yes []NO o. Is the marinaidocking facility proposed within or adjacent to coastal wetlands/marsh (CM, 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 rose proximity to any shelffish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) /N ILMis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public Government ❑PrivatelCommunily (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g,, wood, shwipile, etc. If a rock groin, use MP-2, Excavation and Fill.) ' /h (This section not applicable I a. (i) Number (ii) Length (III) Width 15. BREAKWATER (e.g., wood, sheelpile, etc.) /A 6YThis section not applicable I a. Length c. Maximum distance beyond NFIW, NWL or wetlands b. Average distance from Ni NWL, or wetlands B. MOORING PILINGS and BUOYS I /fl This section rat applicable a. Is the structure(s): ❑Commercial ❑PublicJGovemment ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC FEB 1 120115 t revised: 12,27r06 a. Proximity of structure(s) to adjacent riparian property lines - .3n, Note: For buoy or mooring piling, use arc of swing including length ofvessel. C. [Width of water body e. (i) Will navga nal aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. +501 d. Water depth 4 waterward end of structure at NLW or NWL -at RECEIVED MAR 0 8 7011 DCrm-PMHF) CITY & OTHER ❑This section not applicable a. Give c,,nplete description: �f,rsrnll S�t��.� c� P- 5 Date Project Name 'C-d t%y 44 04*--k � ��If Applicant Sigiature l �0 r-1141Fi r-tr=LL1VE:D DCM WILMINGTON, NC FEB 1 12015 Ohgnl:�s 5�Lz�l 31)5u#Alot &rIV m)h)Kl7`r) )w Zgy� n m rn CD �m Z z� Z 0 F&S Marine Contraetors, las. Complete Marine Construction Services For Over r3337(,years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: e"msn.com LOCAnON NAP - NOT TO SCALE BEECH STREET WIDE PUBLIC R/V ZUCKER LANDFALL SUMMER 33 LOSUl i RUCK RESTI I uFR ROAD } _ O,,jj OR (,• —� \EJR� KID, 10 PG. I V 114,�c310{RIAN SETBACK \ OIPPS56'S9'09'E AR[AN SETBACK — 90' �s - - - DR `3� is MAPS) y AREA 262.5' 1 $° �o �` 0.28 Acres 95.6' i c ti \ a LOT 4 BIOCK 1', CIO :� I SUMMER REST 40 1 I m M.B. 10 PG. 1 f ud II N o� ------ \ DBAR ARIAN SETBACK ,,; I 90' ,4 ' 'ARIAN SETBACK 5— --I oIPP N7'15�---- �1--- \1 g1\ SEE DETAIL'I 80' CHANNEL SETBACK A (p W N" W Q Gam\ I Q I I R[CEIVED 7] U MA� 0 R 9m; ~ I \\ yo O N/F N/F GIBBONS SWEENEY Z RAPARIAN SURVEY 3.46' OPP FOR U CHARLES SWEENEY Vs ROA'o ,00,,,,y~Z,,,,,,,,,,,, LSUMIER REST EFT 4 BLOCK I DBAR A94M�RRgg( o` S CAII O GTTY OF WILMINGTON, NEW HANOVER COUNTY DETAIL "A" SUM p�,.• ssioti�iZ° NORTH CARILINA Z : ¢- Q r yS1 ALE 1' = 6D' JA MY 7, 2015 NOT To REVISION D DEC u SEAL r i =_ SURVEYED LOT * : r L-1099 REVISION 21 v PROPOSED WOOD PIER, FLOATING DOCK, WITF, (P VF BOAT LIFT, JA4 (CDMMUNITYILPANELONo.N3 0171N3D157RJCEFFECTIVE w/1111D URVEY REFERENCEi THE PREMISES SURVEYED IS WITHIN A FLOOD HAZ N EW -M,B. 10 PG. i ELEV, 16) ACCORDING TO THE FLOOD INSURANCE R , ➢.. 1347 PG, 382 CITY OF -D.. 1327 PG. 1800 O.B. 5178 PG. 2343 N,G� D. CRIB LAND SURVEYQt No, L-1099 1144 SHIPYARD BLVD, WILMINGTON NC 28412 910-791--W 41r DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 12, 2015 Charles Sweeny 311 Summer Rest Rd. Wilmington, N.C. 28405 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, I/ A Do as V. Hugge 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.necoastalmanagement.net An Equal Opportunity / Affirmative Action Employer DCM Coordinator: I-V e // Permit#: MAILING DISTRIBUTION SHEET Agents: rF(� r se..•�mo,� DCM Field Offices Elizabeth City Morehead City ilmin t � US ACOE Offices: (with revised work plan drawings) Washington: Ralei and Wilmington: er Crumble Cultural Resources: Renee Gledhill -Early or ironmental.review@ncdc ov) Public Water Supply: Diane J. Williams (WIR(0) �— Joey White NC DOT: en Pac — Shellfish Sanitation: P tti Fowl er State Property: • Walto Water Resources: Hi ins (Ralei John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Stee •s — 401 oburn - 401 Lin a ewis - Stormwater Wildlife Resources: M is Dunn (WARD' LPO: Fax Distribution: Permitee Agent #:_ RECEIVED MAR 0 Y 915 F d $ Marine Contractors, Inc. DCM-MHn CITY P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/fox 910-256-3062 email:ef1y6)msn.com 2 Feb. 2015 NCDENR Wilmington, N.C.28405 The enclosed CAMA Major Permit application for Mr Charles Sweeny, 311 Summer Rest Road, Wilmington, N. C. 28405, is to install a single family residentia/pier. The pier includes a 6' wide walkway, 165(16'gazebo, 6540' floating dock and boatlift. A total of four boat slips is proposed. The structure meets all required setbacks, does not require any waivers, and is for the applicants' family use. Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs HEC;DVED DCM WILMINGTON, NC FEB 1 12015 2. 4. 5. M RECEIVED MAR A Y 1015 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Charles Sweeny c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 311 Summer Rest Road adjacent to the AIWW in Wilmington, New Hanover County. Photo Index — 2006: 22-7424 H-6 2000: 22-273 1-6 1995: 22-255 V-11 State Plane Coordinates - X: 2359316 Y: 173888 GPS: 0-021715A (uncorrected) Lat:34°13'18.62"N Long:77°48'41.58"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/17/15 Was Applicant Present - No PROCESSING PROCEDURE: Application Received—2/11/15 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single family residence Planned- Construct four (4) slip docking facility, gazebo, floating dock and boatlift. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED including pier, covered OTHER (A) Vegetated Wetlands (Coastal) W Non -Vegetated Wetlands (Open Water) 690 sft. (Shadi n ) 2582 sq. (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 3,272 sq. ft. (0.08 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a private four (4) slip docking facility with a covered gazebo, floating dock and boatlift. Charles Sweeny Page 2 9. PROJECT DESCRIPTION RECEIVED MAR 0 8 7015 DCen-rmr+D Clry The project site is located at 311 Summer Rest, adjacent to the Atlantic Intracoastal Waterway (AIWW), Wilmington, New Hanover County. To get to the site from the Wilmington regional office take US Hwy 74176 toward Wrightsville Beach and turn left on Summer Rest Rd., just before crossing the drawbridge to Wrightsville Beach. The property is on both sides of Summer Rest Rd. with the AIWW on the east. The property is adjacent to residential properties on the north and south sides. There are no existing structures on the project site adjacent to the AIWW. The property extends across Summer Rest Road where the single family residence is located. The site is approximately 0.28 acres and is vegetated primarily with domestic grass and oak trees which transitions into Section 404 wetland and Coastal Wetland areas. The project site has approximately 115 feet of shoreline frontage along the AIWW. Coastal wetlands onsite consist primarily of Smooth Cordgrass (Spartina altemiflora) and Black Needlerush (Juncus Romerianus), Sea Lavender (Limonium sp.), Salt Meadow Grass (Spartina patens) and Cattails (Typha sp.) in an area approximately 290 ft. in width (see Sheets 1 and 2 of 2). There is a 30 ft. wide navigable channel running through the coastal wetlands area, approximately 160 ft. waterward of NHW. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the project area are classified SA by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a private four (4) slip docking facility with a covered gazebo, floating dock and boatlift. The applicant states that a pier, measuring approximately 430 ft. in length by 6 ft. in width, which would extend towards the AIWW, would terminate in an L-head gazebo measuring approximately 16 ft. in length by 16 ft. in width. A ramp would extend waterward of the platform onto a floating dock running perpendicular to the shoreline and AIWW measuring approximately 40 ft. in length by 6 ft. in width. One boatlift would be installed on the most landward end of the floating dock to the south measuring approximately 14 ft. in length by 14 ft. in width. The application states that the proposed new docking configuration would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -1.5 ft. to -2.0 ft. at mean low water (MLW) (see Sheets 1 through 2 of 2). According to the cross section drawing submitted with this application the 30 ft. wide navigable channel would be spanned with a 45 ft. section of pier elevated 6 ft. above NHW. 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 2,582 sq. ft. of Estuarine Waters and Pubic Trust Area and shade approximately 690 sq. ft. of coastal wetlands. The proposed structure would extend approximately 170 ft. into a water body, which measures approximately 1,050 ft. across. The structures would be located in water depths of -1.5 ft. to -2.0 ft. (NLW) and would conform to both the 1/4 width rule and the established pier lengths according to the riparian survey. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement or the USACE 80 ft. federal channel setback requirement. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: February 26, 2015 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Charles E. Sweeney COUNTY: New Hanover RECEIVED PROJECT NAME: Sweeney Docking Facility LOCATION OF PROJECT: 311 Summer Rest Rd, adjacent to the AIW , in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-11-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: 4Y.ip— e`— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-2-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGN { T w C) 75 DAY DEADLINE: �f) (tr MAIL OUT DATE: 2-26-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a MAR 0 8 101S DISTRICT OFFICE: FMMINGTON FEE REC'D: END OF NOTICE DATE: 3-23-15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 3-23-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 3 3 r S ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) 3-5 k 5 Division of Water Resources (401) 15.02 31 Storm Water Management (DEMLR) 3-10- t5 / ✓ State Property Office 3.23-15 Division of Archives & History Division of Environmental Health Division of Highways 3-)CA- I S Wildlife Resources Commission 3-3c- r5 Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers 3-30-15 al5'oo612 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary RECEIVEMCDENR/M February 26, 2015 FEB 2 6 2015 Division of Coastal Management MEMORANDUM: Water Quality Regional Operations Section TO: Chad Coburn Wilmington Regional office 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 6 3 i g•- O RECEIVED N.C. Division of Coastal Management MAR 2 6101i 127 Cardinal Drive 6d., Wilmington, NC 28405 Phone: 910-796-72151FAX: 910-395-3964Internet: www.nocoastaimanagement.net jo-"-"OrwA.,40 An Equal Opportunity V Afirmalive Action Employer RECEIVED MAR 2 g in+j PBt'"HD CITY Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resource �,fs.a3.o3.01 February 26, 2015 Division of Coastal Management MEMORANDUM: FROM: SUBJECT: Applicant: Project Location Maria Dunn NCWRC WaRO / WiRO Donald R. van der Vaart Secretary �,. + MAR 20V) RECEIVED Hill PMN*M Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Charles E. Sweeney 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ._, ; DATE 3-a3-7.,�-1i�' RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 3 0 2015 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanaaement.net PGM MI fl CITY An Equal Oppoduniry 1 Affirmative Action Employer Ed eMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 20, 2015 Mr. Charles E. Sweeney 311 Summer Rest Road Wilmington NC 28405 Donald R. van der Vaart Secretary DWQ Project # 15-0237 New Hanover County Subject Property: 311 Summer Rest Road — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Sweeney, You have our approval, in accordance with the attached conditions to construct a private 4 slip docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on March 3, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at httR://portal.ncdenr.org/web/Wg/sMT/ws/401 /certsandpennits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401[Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. WCE vED MAR 2 6 2015 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-66001 Internet www.ncdenr.gov An Equal Opportunity I Afinnative Action Employer- Made in part by recycled paper 2 311 Summer Rest Road New Hanover County 2015-0237 W. t 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 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 Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Ed Flynn — F&S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO RECEIVED MAR 2 6 Ply Certification of Completion DWR Project No.: Applicant: _ Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED MAR q. 6 2015 QcM- H& env !. RECEIVED MAR 26ZO F#RW-"#Mqr?#" I NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 Mr. Charles Sweeny, Jr. 311 Summer Rest Road Wilmington, NC 28405 Subject: EXEMPTION Stormwater Project No. SW8150221 Sweeny Residential Pier New Hanover County Dear Mr. Sweeny: Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on February 26, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria, All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. /Sincely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDSIad: G:\WQ\Shared\StornwateAPermits & Projects\2015 \150221 Exemption\2015 03 permit 150221 cc: Ed Flynn F&S Marine Contractors, Inc. New Hanover County Building Inspections Robb Mairs/Shaun Simpson, DCMIWIRO RECEIVED Jonathan Howell, DCM Wilmington Regional Office Stormwater File APR 0 7 7015 iaRbl?Mma P!)Y Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405• (910) 796-72151 Fax: (910) 350.2004 -'(1t 0 North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary March 5, 2015 To: Jonathan Howell Assistant Major Permits Coordinator From: Joy Wayman Real Property Ag t Re: CAMA Major Dev ment Permit Application Review Applicant: Charles E. Sweeney 311 Summer Rest Road State Property Office Reply: Please determine that the proposed project is not within the USACE 1000' easement on the AIWW. Provided that the project is not within the USACE AIWW easement area, then the State Property Office would have no comment. RECEIVED MAR 2 3 20b Mailing Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Afrnmative Action Employer Web: http://w .ncspo.org ir _ - RECEIVED MAR 2 3 2015 DCM-MHO CITY NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary RECEIVED February26, 2015 Division of Coastal Management MAR 0 2 2015 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. MAR 2 3 2035 �kMnwlcA.t.ahci This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX, 910-395-3964 Internet: vrrrw,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 541d wiI �yKN siol s v anw O3A13OR �— 1 41 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 61050ril Are4 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. Or J"aNNo fl TeN&�,V9 SIGNED �x DATE j/9 Zol RECEIVED MAR 19 2015 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastaimanagement.net An Equal OppaWnily 1 Afinna6ve Adon Employer nISTRICT 3 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. MAR 0 3 2015' Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 1(,I RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 19 Z91i Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity � Affirmative Action Employer ZPWA 41 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary ECEivE FEB 2 6 2015 BY:_ Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015, If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. RECENED REPLY: This agency has no objection to the project as proposed. MAR 10 2015 This agency has no comment on the proposed project. Dorm-WH9e!rr This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanaaement net An Equal Opportunity 1 Atfirmafive Action Employer e4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Division of Coastal Management MEMORANDUM: I 111W FROM: SUBJECT: Applicant: Project Location Heidi Cox Environmental Engineer Public Water Supply @ (a rRU V FEB 2 6 2015 Orvlabn of W ater WlRp _public WaterS�Ppas Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Charles E. Sweeney 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ,(,t (L� DATE 4*CENED MAR 05 ?w N.C. Division of Coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 DCM-MHD Clio Phone: 910-796-72151 FAX: 910-395-3964 Internet: www riecoastalmanagement riet An Equal Opportunity 1 Afinnadve Actin Employer �4 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary February 26, 2015 Division of Coastal Management 4�zk;jel MEMORANDUM: VjE TO: Dan Sams eY FEE 2 6 20+5 District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED —f�//� � DATE 2�27,2u 15 RECEIVED MAR 06 N.C. Division of Coastal Management [�tb Ctty 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 Affirmative Acton Employer RECEIVED MAR 0 R 7ni5 ,,,, M1+n CITY RECOMMENDATIONS FOR —Charles Sweeny February 26, 2105 The total area of floating dock and platform was calculated as follows: Shoreline length = 115 ft. x 8 ft. = 920 sq. ft. allowable Proposed floating dock = 40 ft. x 6 ft. = 240 sq. ft. (not counted due to alignment) Proposed covered platform (gazebo) = 16 ft. x 16 ft. = 256 sq. ft. (160 sq. ft. counted due to credit applied through platform). Total counted =160 sq. fL The private docking facility would provide docking space for up to four (4) vessels at this location. It is staffs recommendation that the proposal appears to be consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the % width rule, the eight square foot rule and the pier width rule. The proposed structures would be located over coastal wetlands and open water. In order to not jeopardize the use of the waters for navigation or other public trust rights in public trust areas and estuarine waters it is recommended that the 30 ft. wide area of navigable water is spanned with an elevation of no less than 6 ft. above NHW. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. The portion of the authorized pier spanning over the existing canal shall be elevated a minimum of 6 feet above the normal high water level with a minimum piling span of 10 feet. 3. The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 3. 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. 4. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 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. 6. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 7. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will 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. 8. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 9. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 10. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. RECEIVED MAR It S gnu OCM-MHO Giv Pat McCrory Governor 1 ANAN R,t;�h .tl s Dais NCDENR North Carolina Department of Environment a d:NatOrlesurz van der Veart Secretary. February 26,2015 isvt? Division of Coastal Management ' MEMORANDUM: tL_ 3u 15 M Renee Gledhill -Early Dept.,,of Cultural Resources. Archives & History's 3.IClts FROW Jonathan Howell, NC'DENR=DCM Assistant Major Permits Coordinator 400 Commerce.AVenue, Morehead, City, NC 28557 (Courier'11-12-09) SUBJECT: CAMAApplication `Review Applicant: Charles E. Sweeney Project Location:. 31'1 Zummer_Rest Rd., adjacent to the A1WW, in Wilmington,, New Hanover Co. Proposed Project: to:construct private 4-slip docking facility with gazebo,=floating dock and boatfift Please indicate below your•agencys position, or viewpoint; on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. if you have any, questions regarding the proposed project, contact Tara MacPherson at' (910)796-7425 when appropriate, in; depth comments with'supporting data is requested. REPLY: This agency has no.objection to the project as, proposed.. This agency has no comment'.on'the proposed project. This agency approves of the project only if the recommended changes are incorporated. See,attached. This agency objects to the project for reasons described"irrthe att'ached`comments. SIGNED DATE, N.C. Division of Coastal Management 127 Cardinal Dnv-e'Exi., VOIn0jinn; NC 28405 Phone: 910-7%. -72151 FAX; 9103953964lnlemer w4w.nccoastalmannoement.net .Ao ERual OoWvOiy 4A%fmahl- ACan EqTbye MAk 0 4 2015 4,r CDEMR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Division of Coastal Management MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO RECEIVED MAR 032015 DCM-Fisheries WARO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wllmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boat/ift Please indicate below your agency's position or viewpoint on the. proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Divislon of Coastal Management 127 Cardinal Drive Ext.;'Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641nternet www.nccQostalmanagement.net An Equal OpFortAti lAffirmzllmAction Employer, Howell, Jonathan From: Dahl, Kyle J SAW <Kyle.J.Dahl@usace.army.mil> Sent: Monday, March 30, 2015 1:28 PM To: Ed Flynn Cc: Crumbley, Tyler SAW; MacPherson, Tara; Howell, Jonathan; Coburn, Chad Subject: RE: SAW-2015-00612 / 311 Summer Rest Road Docking Facility (UNCLASSIFIED) Attachments: 6P78-0056signed.pdf Classification: UNCLASSIFIED Caveats: NONE Dear Mr. Ed Flynn (Agent for Charles Sweeny), Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a private 4-slip docking facility with a gazebo, floating dock and boatlift, along the AIWW at 311 Summer Rest Road, Wilmington, New Hanover County, North Carolina. Coordinates: 34.2216 N,-77.8114 W. Your project has been assigned the Action ID: SAW-2015-00612. Please reference this for any future correspondence. On January 1, 2011, we renewed general permit No..197800056, (copy attached), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the plans received on March 2, 2015, which are a part of this authorization. Please read the attached permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. All special conditions and all applicable general and regional conditions must be strictly adhered to in order for this authorization to remain valid. The expiration date of this permit is 31 December, 2016. This electronic copy is your official Department of the Army authorization; no paper copy will be mailed. KyleJ. Dahl Regulatory Specialist U.S. Army Corps of Engineers Wilmington District (SAW) 69 Darlington Avenue Wilmington, NC 28403 (910) 251-4469 m -----Original Message ----- From: Dahl, Kyle J SAW Sent: Thursday, March 26, 2015 2:18 PM To:'MacPherson, Tara;'jonathan.howell@ncdenr.gov' Cc: Crumbley, Tyler SAW Subject: SAW-2015-00612 / 311 Summer Rest Road Docking Facility (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hello John and Tara, The Corps has received the application for the project located at 311 Summer Rest Road Drive, adjacent to the Atlantic Intracoastal Waterway, Wilmington, NC. The Corps has determined that this project qualifies for use of GP 56 for construction of a new docking facility. We have assigned the project AID: SAW 2015-00612. Please let me know if you have any questions. Kyle J. Dahl Regulatory Specialist U.S. Army Corps of Engineers Wilmington District (SAW) 69 Darlington Avenue Wilmington, NC 28403 (910)251-4469 Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/index.html General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403- 1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of rip -rap material for groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark (MIiWM): The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the Commander's Policy on Setbacks Along Federally Authorized Channels. You may review a copy of the policy at http://www.saw.usace.army.mil/WETLANDS/library.html b. This general permit does not authorize construction across or into any natural or manmade channel or water body in any manner that may adversely affect navigation by the general public. c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general pertnit may be extended or be located up to 400 feet waterward of the mean high water (MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM) elevation contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. d. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. e. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility authorized by this 2 General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. h. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. k. This general permit does not authorize the installation of fueling facilities on authorized structures. 1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. in. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. n. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation, or areas identified as essential fish habitat. o. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one - inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. r. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. s. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. t. This general permit does not authorize habitable structures or any structure or associated facility for nonwater-related use. u. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers (USACE) acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. v. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 711.0208(b)(5). w. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. 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. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. 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). e. The activities authorized by this general permit 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 a reason other than safety. f. 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 Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. g. 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 affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.ncnhp.or ,/Paces/heritagedata.htmI. or http://nc-es.fws.gov/es/es.htmi. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a 0 floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. 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. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Pemvttee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. s. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. t. Except as authorized by this general permit or any USACE approved modification to this general 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. u. Except as authorized by this general permit or any USACE approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. v. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ?erson . cavage Colonel, U.S. Army District Engineer Howell, Jonathan From: Jenkins, Shannon Sent: Monday, May 11, 2015 4:10 PM To: Howell, Jonathan Subject: RE: Charles Sweeney Jonathan, We sent our sign form back in March according to my records. It was a "no comment'. Will this email suffice? If not, I can scan the sign form. Thanks Shannon From: Howell, Jonathan Sent: Monday, May 11, 2015 3:53 PM To: Jenkins, Shannon Subject: Charles Sweeney Hey Shannon, did you guys send us anything on Charles Sweeney? I cant find anything in my email or files. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaimanagement.net 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. RECEIVED PEAR 18 2015 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 26, 2015 Allirvi Division of Coastal Manaciement MEMORANDUM: TO: Linda Painter LPO New Hanover County Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Charles E. Sweeney Project Location: 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to construct private 4-slip docking facility with gazebo, floating dock and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ob ects to the project for reasons described in the attached comments. SIGNED DATE 3 I I � I / RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 2 3 2015 Phone 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaoement net pIbW1'Nyl Ih( r.my An Equal Opportunily 1 Affimiallve Acton Employer RECEIVED NCDENR MAR 0 a 7n15 North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary February 27, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Charles Sweeney • NC Divison of Parks & Recreation Kyle & Heather: Please publish the attached Notice in the Monday, March 2, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Custo Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity t Affinna6ve Action Employer RECEIVED MAR 0 8 7015 ocwmlmeery NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA for projects in New Hanover County., On February 11, 2015, Charles Sweeney proposed to construct a private docking facility at 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington; and on February 12, 2015 the N.C. Division of Parks & Recreation proposed to construct an oyster shell sill adjacent to the Cape Fear River, fronting Carolina Beach State Park, at 1010 State Park Road, in Carolina Beach. A copy of these applications can be examined or copied at the offices of Tara MacPherson (Sweeney) or Robb Mairs (CB State Park), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 23, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. MAJOR PERMIT FEE SCHEDULE 11Fr'r:vED MAR Oil 201S Charles Sweeny / $250 / NH County Mary, .1 qr g11y DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III (B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 for WIRO Data Check Check Received Check From (Name) Name of Permh Holder Vendor Number amount Permlt NumberlComments RefundlReallocated _ Allied Marine Contractors, LLC Blau Water IB of 7154 $400.00'GP 65078D 22/2015 AWA Buildiers, Inc 660 Spot Lane - - _ _ _ `TD Bank -_ 7072 $100.00minor fee, Surf City, PN 2Y32015: Dawn Edwards Grins "same _ _ _ BUT - _ � -229�- y100.00 minor fee, SC 15-01 OnsCo 2/32015 Coastal Dredging, LLC Clinton 8 Corinne Parks _- B88T 3752 $200.00GP 65031 D 2/3/2015 Coastal Marine Piers Bulkheads LLC Bill Scott ..__ _. Wells Fargo Bank 19987 $200.00 GP 65092D 2/4/2015 Clements Marine Construction Hamilton Wells, Charles Hocking - _ First Citizens Bank 3697 $200,00 65088D 2/5/2015 Cape Fear Riverboats, Inc. Riverside Partners _ First Citizens Bank - 48727 _GP $400.00 major fee, Water St., NHCo 2/6/2015 Boatzright Inc. Kevin Thomas First Citizens Bank 1826 $250.00 major fee, NHCc. 2162015 Overbeck Marine Construction Inc. David Starbuck SunTrusl 4394 $400.00 GP 65095D @$200 1 of 2 Sean Crane - GP 65094D @$200 2 of 2 2 IMS John Anagnost and Kathleen Jewell _Same Wells Fargo Bank 3794 $100.00 renewal fee, 128-11 2/11/2015 Ingram Bros., Inc. Page First Bank 3980 $50.00 NTBE%15-04 2/11/2015 James and Jennifer Lupi _ _ same SunTrust - 4085' _ $100.00 minor fee, Surf City, PN ' 2111/2015 Weliman's ConstructiInc_. on, �_s_ame B88T 12735� $50.00 NTBEX 15-06 2/1 V2015 -F and S Marine Contractors Inc. _ _ ' Sweeny PNC Bank _ 4308 $250.00.major fee, NHCo i -er ; m._.. .. m IN Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits, I. AHde AddresSad to: — _ -- — RECEIVED MAR 0 R !Rts DCM-MHU CIry At;tz- ta'. _0 Agent ❑ Atldressoe e) C. Date of Ce!ivary�_/�J 2,1(S D. Is deliveryaddress different from item!? ❑ yes it YES, enter delivery address below: ❑ No 3. SeCeMType rjed Certiffetl Mail° ❑ Riw2y Mail Express'" ❑ Registered 13 Return Receipt for Mercirandiso ❑ Insured Mail ❑ Collect on Delivery 4. Res'dcted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rraosler flow servira radep 7014 1200 0001 2826 9478 fS Foirn 3811, July 2013' 'i Dbme§ticf�eturn'Receipt-- Postal Postal CERTIFIED MAILI, RECEIPT I •.mestic Mail Only; _n r, •i zr •d' t E &^� itt_rrnu +.,�' ®® @ ` � keen E� ®g spy rp�� U E 1 V �l M d 0 $ Postage NPostage Certified Fee •31-1 A �1 N Certified Fee l• A y O p Return Receipt Fee (EMorsement Required) ! $-• - PaRebnsllt B 13 O O RBtum Receipt Fee 2 (Erdornment Requird)RwMcted Rai. a 15)OD DelPrery Fee (Endorsement Required) • 1 Reetnded Delivery Fee $II. (Endorsement Required) 1 q �O�C p 1 q J C Co rll Total Postage & Fees $ .41 r IJL;'1:`,l,, ru Total Postage & Fees $ a - __ ......._-. _. -. -SPS'-_. o r, aaw::.._.-....._......_.�..,.(.._._...._.. o P06oxNo. -�OSa� S�111�41 W/1 1✓h, ._... cry, Sroire, n)&s fi _I; i 1, of nO o r gasar gar :; aPoegxvo _ /0% ' —S — aiji-set.aPtX J; -- %iLl✓ 74. ^IODI t RECEIVED DCM WILMINGTON, NC FEB 272015 �� RECEIVED 05 MUMAR 0 3 CI MUM „�1,A.nnNoclry North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 26, 2015 F & S Marine Contractors, Inc c/o Ed Flynn P.O. Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges that on February 11, 2015 we received your completed application, acting as agent for Charles Sweeny, whereby you are requesting State approval for the development of property located at 311 Summer Rest Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, New Hanover County. The projected deadline for making a decision on your permit application is April 27, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 11, 2015 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. SincereIY, �rson Field Representative cc: Jonathan Howell, DCM Tyler Crumbley, USACOE Linda Painter, LPO . 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX 910395-M Internet: www.nccoastaimanagement.net An Equal aDDeAurdy 1 Afimative Adim Employer RECEIVED MAR OR N0T1(01$1?j pCM-MNi , .., CAMA PERMIT APPLIED FOR ff 4-s, kind adjacen Hanover County. ., COMMENTS ACCEPTED THROUGH March 23. 2015 APPLICANT: For: Charles E. Sweeney FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: INC Div. of Coastal Management 127 P_ardinal Dr. Extension VW11 +in0 nn, NC 28405 Robb lairs. Field Specialist 910-796-7425 Pat McCrory Governor e46 NCDENR North Carolina Department of Environment and Natural Resources N.C. Division of Coastal Management AGENT AUTHORIZATION FORM Date: ; 7 J/A1, 2VI) Name of Property Owner Applying for Permit: Owner's Mailing ddress: 3/) f,V w >i , /?Zi 6/, He, any Email: C 5auzg2% (k G 19L, t?*I-Au Phone 6�, IJI-mb John E. Skvarla, III Secretary RECEIVED MAR 0 9 701; V4M'Wrurp NITy Name of Authorized Agent for this project: 4-:-dw Agent's Mailing Address: Phone 4 ., ti-.�clry I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, rd obtaining all CAMA Permits necessr. to install or construct the following (activity): � 1 For my property located at A This certification is valid 1 year from (date) �l � ' V/� Property Owner Signature Date 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net RECEIVED DCM WILMINGTON, NC FEB 1 120115 An Equal Oppodunity 1 Afirrnahve Adon Employer ,.f \� �\7 �U 10/11/1999 New ONONER COUNTY 11 $3650.00 mertc C 0, UNA Real Estate 1 Eaclse Tea 00018:4 ExciaeTax *OOK PAGE 2652 0464 1999OCT I I PM 3, 17 RECORDED AND VERIFIED MARY SUE 001 S �p REGISTER Or l' .EOS p t.-W 11Ae'C "'? CO,;;C Recording Time, nook and Page Tax Let No. ................ .... ......... ...... .. ............ ..... Parcel identifier Na....R. O 5.71. ...4 .__003 009 000 ... ........ ........ Verifiedby . ........ ...... ... .._.... ....... .......... .... ........ .. ....... County on the .. ... dry of ..... .... ..... ...—........ ...... .............. 19............ by................ ........... ........__. ... _...._. ..........- . _.. ._...... ........... ............................................................................................... Mailafter recording to _... .... _......._... _..._. _...... ... _........... .... ...... .. .. ....... .......... ...... ._.......... .... _.__..._.. .. .............. _................ _.. .. .. ........... _... ..... ..._ -- I .. ...... .......... This instrument was prepared by Wil Liam O. J. .Lynch, attorneys P..-O._.. Drawer, 2179a.. Wi1m........ MC Brief description for the Index 28402 Lot 4 Blk 1 Summer Rest NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made Hit it ........... .. day of .............. ... GRANTOR J. WRIGHT HOLMAN, III and wife, SUSAN KEYS HOLMAN; CHARLES G. SMITH, IV and wife. BROOK HOLMAN SMITH; JANE H. HARDWICK (Single); and LUCY BALDWIN HOLMAN .... ... _. .._.., 10. _., by and between GRANTEE CHARLES E. SWEENY and wife, JUNE S. SWEENY 313 SPRINGBROOKE PLACE FAYETTEVILLE, NC 28305 Enter In appropriate block for each party. name. address, and. If appropriate, character of entity, e, rcrpmallou or partnership. The designation Grantor and Grantee as used herein shall include said parties, their Fein. successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In in simple, all that curtain lot or parcel of land situated in the City of .,,,,Wilmington ._. ............. ... ._.._ Township, New Hanover ., County, North Carolina and more particularly described as follows: BEGINNING at a point in the Western line of Ocean Avenue Three Hundred and Nine (309) feet more or less. Northwardly from the intersection of Ocean Avenue with the Northern line of Ash Street; thence running Northwardly along the line of Ocean Avenue) One Hundred and Three (103) feet; thence Westwardly and parallel with Ash Street Two Hundred and Fifty (250) reel to the Eastern line of Central Avenue; thence soulhwardly along the Eastern line of Central Avenue One Hundred and Three (103) feet; thence Eastwardly parallel with Ash Street Two Hundred and Fifty (250) feet to the point of beginning. Same being all of Lot No. four (4) in Block One (1). according to the official plan of Summer Rest, which said plan Is duly registered in the office of the Register of Deeds for New Hanover County, in Book 10, Page-1. There is excepted front this conveyance 0.04 acres conveyed out to Pembroke Nash and wife, Gretchen W. Nash, by deed recorded in the office of the Register of Deeds for New Hanover County in Bock 2365, Page 0881. bN v e. 9 e.er re , ne. s m web. ae.h.e o con _....,,��..... r.. �..... �,,.+......„.... r r,d WSM F. SIEGEL _.�,Q.s�..., '....e....,_ .,., (910) 266-2292 RECEIVED MAR A Q 7n•.. DCM-M"t) r 1 RECEIVED DCM WILMINGTON, NC FEB 1 12015 RECEIVED 900K PACE MAR 0 9 20b ? 6 5 2 0 4 6 5 f5e."'N'"PW Is" The properly herein Wove described was acquired by Grantor by instrument recorded in A map showing the Wove described property Is recorded In Plat Book .._.. ....... page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Crantor covenants with the Grantee, that Grantor is seised of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions! The provisions of all applicable zoning and land use ordinances, statutes and regulations; 1999 ad valorem taxes; and all applicable restrictive covenants and utility easements. 9EAL.aTAa1P And and �• °` I. Ir ,pu. ba. a nu I.HrVmeat u ee arnea be ha ibaemar."a" ` and rear nm X rmed y m m see or mee u. my x _ • T--------(ItAL, fLl.. A LE - I � CH ALES G. �S�M�IQTH, IV X r/.IAlN'.�1,7.JLff'lr.S�.fJ'2Y�k}....-.<aswrd B OOE HOLMAN SMITH ..-.ift)..x*111...........................................IscwL) m .7011t7nBlx>CHtADtimONc be om `'G..4ly ....... � .......... _ H.' GUMV. WICA noanl cnnouxn. ...................------------ cauna�. 1. a Notary pubne of the county, ant ataa aforeaald, Carter that 9EE_S9PARALT9-RCZCHOWLEDG— �+ MENT PAGE ATTACHED-.HExETQ..AN4._MAD$--A..P.8.CZ2'..HER£DE.........._. craawr, mI.,..aaur appeared semre .e mla oar bad saanevlea... the e...arts..I m. I...nmr un,umanL wfueaa my, jhand and m.I., H.....al. na -. ..... oar bl........... ............... ......._-_..., is...... ad,.a..lnlan sap...:......................................... N.Yrr P..U. SCAL.aTAal l• NORTH CAROLINA, .. .. ... ...0... V. I.. N.Wy public el the C... IY bad a.. elenaald, ferlll) np .... .. ... a tale —.Al moms bebn .. Mi. day [ad deb—I.dVd INI ..-- be Y _. ___ aeanlary ar w ..------- __.--- .------------------------------------- . xem <armu. C..p.nnen. and mat by, a.uaNly mw q [Ivan ana .r the sac of the e.rp.rplan. the leee[elnp MNru.enl war rl[ned In 11. name b 14 lt P-lia-L ullad afh It. aarperate Zeal and bursted by ..... *a Ib.......................... .eq.Wr. a .rlmo. my, hand and am.w n.rnp or I..l. Inlr .......a of ........................ by, ... It ......... mareC.a.Wl.a vphen-----..__-.-.-------------- --------- .------------------ ......... .- xeun eubuC S T O TH CAROLINA, N w Harlovar cou T (7�y (W�ql •. TfIC 0�9 t.a"-jite(g) 01 VA,_t�'t n ,. -- This n 1. Ilv hra [. PV rr Nu. J e 19)d. p[r Fnl R� 1911 _ wrnnaum.C...... .... ... ..a..wwr.x c. arure RECEIVED DCM WILMINGTON, NC FEB 1 1 2915 BOOK PACE 2652 G466 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Personally appeared before me, FRRNP6$ ` -.. ANbERSaeI , a Notary Public, J. WRIGHT HOLMAN. III and wife, SUSAN KEYS HOLMAN, who acknowledged the due execution of the foregoing instrument for the uses and purposes therein expressed. """"'L'•WITNESS my hand and notarial seal, this day of 04«9- 1999. 0 TA Fi Y`_ Notary Public »•:, �„.r6 rAn--!Y,9 on expires:./ -017003 RECEIVED MAR 0 3 70b glQ'?W-lrrtwrii PITY STATE OF NORTH CAROLINA COUNTY OF Z±k mq Personally appeared before me, Bedu L, 6. Mans , a Notary Public, CHARLES G. SMITH, IV, and wife. BROOK HOLMAN SMITH, who acknowledged the due execution of the foregoing inslrpmpgl for the uses and purposes (herein expressed. my hand and notarial seal, this Ist day of Dc+e 6" , 1999 Art. raaf., C. YY114Ls _ �- Notary Public oires: TllAralr M..ioeV STATE OF NORTH CAROLIN COUNTY OF AlEr✓ e7, ✓e-L' Personally appeared before me K.fLLI -57. -r—,n a Notary Public, JANE H. HARDWICK. who acknowledged the tlue execution of the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and notarial seal, this 6 day of r,1aBE.7�Pr7999. rrJiw�r--- ry Public a Notary Public, LUCY BALDW IN for the uses and purposes therein expressed. WITNESS my hand and nolarial seal, this atay o .1999 Notary-PPUbtic xpires: 0-1 (0) -0 RECEIVED DCM WILMIiNGTON, NC FEB 1 12015 FOR REGISTRATION DS REGISTER OF REBECCA NECOIMTyH NC BK:5108 Pt� 343-1348 FEE: $26.00 PREPARED BY: Charles E. Sweeny, Attorney I I I III IIIII I IIII III III I I II I�� IIII I I II III I I 2007023015 RECEIVED MAR 0 3 20b , eem=rw9 elry MAIL TO: Charles E. S eeny, 311-Summer Rest Road, Wilmington NC 28405 (L o �rP.Guu v NORTH CAROLINA Tax ID No. R05714-003-006-000 NEW HANOVER COUNTY DEED' THIS DEED, made this 28`" day of March, 2007, by and between J. Wright Holman, III, and wife, Susan Keys Holman, and Charles G. Smith, IV, and wife, Brook Holman Smith, and Lucy Holman Rector, and husband, Eric Rector, and Jane H_ Hardwick, unmarried, of 233 Beech Street, Wilmington, New Hanover County County, North Carolina (hereinafter called "Grantors"), to Charles-E.Sweeny, and wife, June S. Sweeny, of 311 Summer Rest Road, Wilmington, New Hanover County, North Carolina, 28405, (hereinafter called "Grantees", whether one or more persons, firms or corporations); W I T N E S S E T H: That the said Grantors, in consideration of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to them previously paid by the Grantees, receipt of which is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto the Grantees and their heirs and assigns, the following premises, located in the County of New Hanover, State of North Carolina, and being more particularly described as follows: BEGINNING in the western line of Ocean Avenue (now Summer Rest Road) at the southeast corner of Lot No. Four (4), Block No. One (1) of the plan of Summer Rest, (which said plan is duly registered in the office of the New Hanover County Register of Deeds in plat Book 10, page 1) , and running thence with the eastern line of said Lot No. Four 14), 1. North twenty one (21) degrees, twenty four minutes i L., I S W -�Z YL (0)7- q-7D3; RECEIVED DCM WILMINGTON, NC FEB 1 1 2015 east one hundred and three (103) feet to the southeast corner of Lot No. Five (5) of the said plan; 2. Thence with the southern line of a lot conveyed by the State Board of Education of the State of North Carolina to E. H. Gore, South Fifty three (53) j degrees East Six Hundred Twenty (620) feet to a stake r/ in the western line of the right of way of the Intra Coastal Waterway; 3. Thence with the said right of way line South Forty two (42) degrees, Twenty Five (25) minutes West One Hundred Three (103) feet to a stake in said line; 4. Thence North Fifty three (53) degrees East Five Hundred Ninety (590) feet to the beginning. Comprising within the above described area One and Two Tenths (1.2) acres of marshland, more or less. The location of the above described tract of land will more fully appear by reference to a map made from a survey and recorded in the office of the State Superintendent of Public Instruction in Plat Book #1, at page 57. Being the same property conveyed by the State Board of Education of the State of North Carolina to L. Burrows Smith, and wife, Nettie Fleming =Smith, by deed recorded October 24, 1932, in Book 232, at page 288, of the New Hanover County Registry. Following the death of her husband, Nettie Fleming Smith, a widow; conveyed the described property to Jean Smith Holman, and husband, Joseph Wright Holman, by deed dated August 16, 1957, and recorded in Book 598, page 551, New Hanover County Registry. The Grantors herein are the children and heirs of Jean Smith Holman and Joseph Wright Holman, both now deceased. The Grantors conveyed Lot 4, Block 1, Summer Rest, to the Grantees herein by Deed recorded October 11, 1999, in Book 2652, page 464, New Hanover Registry. At the time, it was the intention of the parties to also convey the above described marshland to the Grantees, but by error, the marshland description was omitted from the deed. A subsequent deed by the Grantors to the Grantees recorded in Book 4058, page 758, conveyed a portion of the described property to the Grantees, but also failed to convey the entire marshland tract of 1.2 acres, and this Deed is executed in order to properly convey to Grantees the above described marshland which sits between Lot 4, Block 1, Summer Rest, and the Intra Coastal Waterway right of way. This conveyance is made subject to Restrictive Covenants, easements and rights of way of record, and ad valorem property taxes. RECEIVED MAR 0 3 701s P 0""WAtaK tilt* RECEIVED DCM WILMINGTON, NC FEB 1 121315 RECEIVED MAR 0 9 20b TO HAVE AND TO HOLD the above described premises, Ycr'M71•MMpht t�Ni and all privileges and appurtenances thereunto belonging, unto the said Grantees and their heirs and assigns forever. And the said Grantors do hereby covenant with the Grantees, that Grantors are seized of said premises in fee simple, and have the right to convey same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions herein -stated. IN TESTIMONY WHEREOF, Grantors ave s th 'r hands and seals the day and year f st ab writkin. 66A- JANE HOLMAN HARDWICK CHARLES G. SMITH IV �^•14al) BROOK HO 1 SMITH RECEIVED DCM WILMINGTON, NC FEB 1 1 2015 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, jQj4A/e45 rT• AAOZ64e,J, a Notary Public of said County and State, do hereby certify that J. WRIGHT HOLMAN III, and wife, SUSAN KEYS HOLMAN, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. my hand and Notarial seal, this /I day of 2007. NOTARY PUBLIC Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ARA14eft G—• 41)491A a Notary Public of said County and State, do hereby certify that JANE HOLMAN HARDWICK, a single person, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal, this L/ day of Jam, 2007. NOTARY PUBLIC My Commission Expires: ,AlD-0,P RECEIVED MAR 0 8 701; DCM-fe1MD Clio RECEIVED DCM WILMINGTON, NC FEB 1 1 2015 f;. RECEIVED MAR 0 S ')" prov1lM'"P►I PRY STATE OF NORTH CAROLINA COUNTY OF MECKLENBUR11G I• Z&'cer GAJ4LIn..+, a Notary Public of said County and state, do hereby certify that CHARLES G. SMITH IV, and wife, BROOK HOLMAN SMITH, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal, this day of �`, 2007. � "' 241�4L� NOTARY PUBLIC I, -} /N • /ICI G�,l/gCQ a Notary Public of said County and State, do hereby certify that LUCY HOLMAN RECTOR, and husband, ERIC RECTOR, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal, this day of Zlt- , 2007. TARY PUBLIC 'e(" — sion Expires: / p be RECEIVED DCM WILMINGTON, NC FEB 1 12015 RECEIVED MAR 0 3 710; MpWh_"WM riry REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: Recorder: WILMINGTON, NC 28401 05/07/2007 12:43:34 PM RE 5178 Page: 2343-2348 2007023015 DEED 6 PGS $26.00 NELSON, JACQUELINE State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007023015* 2007023015 RECEIVED DCM WILMINGTON, NC FEB 1y2015 5qg )55) `'tsi to Use 6aatern line of Fourth Strout thanes NortiwmMly along Gw saatern line of Fourth 5troo4 2 fog:t to the point of begginning; same'bol❑i; a part of Lot p 2 in Block #90, according; to y t the official plan of the City of Wilmington. together with all anti ehpnilar Lim lands, to meats, comments and up=urtenances thereto halonglnr, el' in anywise appertaining. Together with a right -of -Wily and G-aam,nt througa slidoverthat a0oy or tract of land described us S. follows{{ H'-01:41ING In the dastorn line of FourLl, Strout 129 feat Southwardly from Use Southern line of. i Church Streets thence dastwardly and parallel with-tnu•ch Street 95 feet;'Lhento Northwordlyy -; and parallel with Fourth Street 32 foot; thMCO &aetwardly aidparallel uith Ghurci, Street 10.5 1 i feat thence Southwardly and parallel with Fourth Street Al feat; thence Vlostwardly and parallel ' with Chn•en Street 105.5 feet to the Restarts line of Fourth Street; thence Narthwnrdly along the ;nstocn lieu of Fourth Street 9 feet to the beginning. TO HAVS AaU TO BOLD tho above granted and described promises, together with all and j singular, the rights, privileges, o:+aemonts, tenoments and apportananaes thereinto belonging, i or in anywise appertaining unto the said partlaz of thu soeslid part thoir hairs ;slid assijAs, in . free simple FOUVeN. S And .the mild .parties of the first part for themselves, their heirs executors and 'I administrators, and as guardians herein in as full and ample a mannar as said PArtlue as guard - I" a an aforeoaid, are authorized and empowered to convey the mine as set'fort's in oil order ' of the Clerk as' tlm Superior Court of the aforesaid county and State, and approved by the Rasi- t dent JUdgo of too Superior Court of this Judicial District, do covalent to and with the said parties of the somhd part, their hairs and assigns, that they and the said incompetent are aelaod LS fee of the above granted land., except the rights of way therein described, mid they $ have goad right to sell and convey the same In fee simple • that the same are D•ee and clear front any and all encumbrances, and that they will and their hairs, executors and administrators .- shall WARRANT and DEVEAD the title to the same agsinat the lawful claims and dumonds of any and all persons whomsoever. IN T6',,TWONY 1d161uOF, the said }}parties of the first part have herounto set their mods and anal¢ the day and ya ar stove n•3 than. John J. rakine (SdAL) Hobart B, d king `` dAL) Lillian S. &skins (S&L) dlizabeth K" Sakins (d&.Lj John J. Asklns (u6AL Guardian of halph P. Sakins, Incompetent. U. S. DOC. S'6—I'a-45.50 Habort b. Sakins (S.iaL) Guardian of Ralph P. r'akina, Incompetoiit. STA'fd OF ROIC'ii GAhGLIRA rCWIfyT @' hid:: Iusai6h 1, Donald 6. Gore, a dotary Public in and for tha County and Statu aforemid duly ` ou elated and now acting as such, do hereby certify that hoborL B. dpkina and alizabsttl K. S Sakins his wife, John J. .iakins and Lillian S, u'kins, Isis wife, and Robert 0, 6,kins and John 7 J. S kills, guardians of Relish P. Sakins, inconutent, each personally ape+eared boforo me this day and ackaowledgod the due exect.tion of tu, annexed iaativment. Witness my hand and notarial seal this 9th day of August, 1957. Notarial Seal Donald d. Core My commisalon ex I Tres tie 19th day Notary Public r of November, 1957. STA'id OF WHIR CakOL1hA a6a HANCY311 COUNTY Tie Fora, -ping CerLifi cats of Donald d. Gore Notes, Public of New Hanover County, Ss adjudged to be correct. Let the instrum!nt with this Liertiflcato be recorded. 'Phis tho 17 day of August, 1957. Lois J. Ward, Amt. Clerk Superior Court RECEIVED Received and recorded August 17, 1957, DCM WILMINGTON, ' at 10-00 and verified. FEB 1 ? 2015 --------------------------- i NE1"I'Ia FLLv1LG 5!oI'fN, LI WI TO STATA OF 60L& CkhOLINA : JaAH SHI'1'H HOLNAR Aid) HUSBANU, CWiffy OF NSV: hANOVdH D G IS D JOSEPH 'MIGHT ROWAN Will) ---------------------------------- a i THIS INDdi1TUhS, Hade this the 16th day of August, 1957, by and between Nettle Fleming ; i Smith, Widow, Party of the First Part, and Jean Smith Nelsen and Husband, Joseph Wright Holman, Parties of the Second Part, all parties of the County of Has.-hauovor and State of North OaroII;uI Thatthemid Party of the first part for and in cols i(010.00) Dollars, and other valuable crosidorations to her in he bof the. Second Part, tie recalot whereof is hereby acknowledged, sfs and sold, aliened, convoyed and ecnfirmed, and by thusc presents f and dell, alien, convey and confirm unto the said Parties of the assigns, forever all that certain tract of marshland situates 1 North Carolina, Eounty of Now Hanover, Harnett Totnahip, in Wrig Xthe village of Sumer rest, extending da:twardly from said villa , boundary line of the right-of-way of the Intra-Cosstal Waterway. =Summer Rest Going recorded in (look #10-at page @ 1, of the racer reference is hereby mile to the said plan for a more particular j convey being bounded as follows: 1 of the sum of Ten the said Parties granted, .bargained q grant, bargain :rt, their heirs and wing its the State of round, 1n front of ier.Rust to the Neste I of the village of Hanover County and In. The tract hereby U Q 7n14 aKGINLIh(; in the Western lino of Ocean Avenue at the Sa:thanot corner of Lot No, your (4) Block No. One (1) of the plan of Sumter Rent and rumiin;; thence with the dastern line of ) i satb Lot No. Four (1,), 1. North Twa+ty-One (21) do1;reos, Twenty -Four (24) minutes 4ant Gas Hundred and Three i (103) foot to tha�soutbvnst corner of Lot No. Vivo (5) of the said plan; i 2. Thence with the Southmn lino of' r dot conveyed Dp too St to board of education ol! ? the Stnte of North Corolinu to e; R. Gore, South nifty -Throe (53) degrees Zest Six Hundred k and Twenty (620) feet to a at ke in the Weston lieu of the r11J+t.ro-way for the Intra-Constol. . Watoway; ' 1 3. '1•lunco with the said right-of-way line South Forty -Two (42) degrees, Twenty-Fiv.; `. (25) mibutos boat One Hundred and '(three (103) feet to a stake in said line; 4. Thence North Fifty-Threo (53) degrees Zest Five Hundred and Ninety (590) feet i to the Beginning. - i Comprising above d the bLove tract of ibed area One end-Two-Tentua (1.2) ferns of o a maend. . The location of the above described tract of lord well ate ufullyperi tender by. reference Inso a mop j made from n survey and recorded In the offleo of the State Superintendent of Public Instruction ' in Plat Book'#1, at pa Co 57. ' Doing the same o L. ound and property Wife, cow -eyed by the Salta Board of Sducationrecorded de the State of North 932, In to L. 2arrows pare and Wife, Nettie FleHanover County Stith, by dead remrtlod October 24th, 1932, !n Book 2)2, at page 28U, of the New Henovor County Registry. 'f t h• eth a 11 d t t th land t h dlt MAR 0 3 FW."w Rem tc Nettie Flemin66• Sash (SSAL) Party of the Rirst Part i STAY:: Or ii0h;ii „lid u.. j C06aTY Ot' 1¢i:. 111WOVdk p 1, Nulw B. Johnson, a Notary Public in and for the State and County aforesndd, do oars; 'b// Corti ex that personally regained and me this Ins day Nettie Fleming oseth, therein exp essed..leidged ;1 i W!¢ due exeeutlan of th.: foregoing sal annexaJ Instrument, for the narcoses CharaL! expressed. td'PNZ:;a my lend and seat, this the 16th day of August, 1957. Reba D. Johnson '.Notarial Soal Notary Public My commission expires: June 25th, 1956 .` STA !.S Or 21fiChTh CALiti.1nA N3i: Ito+NVZI: COUNTY . The Forgoing Certificate of Head D. Johnson, Notary yt!blie of New Denver County, Is 4 adjudged to be correct. Lot the enstrumant :.it,, thin Certificates be recorded. This the 17 , its of August, 1951. Lois J. (lard RECENLE) 3 Ast. Clerk S•.riuri . 1 )Received and recorded A!!Cu3t 17, 1957, 6Q 4'�/ILMINGTON, NC +at 10-35 and verified. FEB 1 1 20i5 cs------. d�— MANION L. ROUZIl1CN TO CO+.DITIOAAL S.LZ COaTkACT ': SR9LL OIL COMPANY 1000ITI(1BAL 3,1,16 CONTKACT : .--------------------------------s ' THI3 COa'fI:ACT, dated July 22,.. 1957, between SH&L OIL C0:•&AnY, a Delaware corporation 1with offices at 909 &set t•wmntpp Second Street in Baltimore, Abiryland, (herein called "Shall") and Marion L. hoderick of 220 Caliwun Street, in Wilmington, North Carolina, (herein called "Purchaser") W I T N 9 2 3 g'f 11: 1. SALB. Shell hereby sells to Purchaser and Purchaser hereby purchases Eros Sball the following daocribod equipment: - 1.1314-Gear oil Reel 1-Model 57 Joyace 3/4 ton Hydraulic Jack 1-1318 Chests Heel 141057 Portable Cfmrger 6/12 volts. (Sales 1-796' Gear Oil Pump tax included in price of this carger) 1-764 H. P. Chaste Pump 1-940-12 Pedistal Oil 11!ain 1-36269 Grain Adapter i 2- Model 56 Sel oil Cabinets 1