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HomeMy WebLinkAbout75-14 Buffkin, WillardPermit Class NEW Permit Number 75-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission I '�"rMit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 t Issued to Willard Buffkin, 229 Gazebo Court, Wilmington, NC 28409 Authorizing development in New Hanover County at Inlet Point Canal, 242 Inlet Point Drive, Inlet Point S/D as requested in the permittee's application dated 6/15/14 (MP-1) and 6/20/14 (MP-2), including the attached workplan drawings (2)both dated 6/15/14 This permit, issued on Sep temher 2, 2014 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfi_ll materials through the structure. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on (December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ^I r4-K•-:�.-- d:.'`� ,/y Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Willard Buffkin Permit #75-14 Page 2 of 2 ADDITIONAL CONDITIONS 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 9) No wetlands shall be excavated or filled, even temporarily, outside of the area indicated on the attached workplan drawings. 10) 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. 11) 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. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 03-1301v2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01184 which was issued on 7/14/14. ocM MP-1 APPLICATION for Major Development Permit (last revised 122706) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name rye. MI Last Name (.4 Applicant 2: First Name MI Last Name ff additional appfroants, please attach an additional page(s) witll names listed. Mailing Address ' li a 24— PO Box city f �J State ZIP �ISyo i Country bi 5 Phone No. 19/a -)ffs lofl?, ext. FAX No. Street Address (if different from above) city State ZIP Email 2. Agent/Contractorinformation Business Name Agent/ Contractor 1: First Name I MI Last Name " K a Agent/ Contractor 2: Fi Name MI Last Name - Mailing Address PO Box city State ZIP Phone No. 1 Phone go. 2 3 of (� ai 3) -L?5/c/ ext. ext. FAX No. Contractor S Street Address (d different from above) city State ZIP Email _ —11,4Hy M �t &.7,l. Coil S. tn: /, co , RECEIVED C JUL 0 1 IUMM WILMINGTON, NC <Form continues on back> T)cM.M M CITY J U N 18 2014 252-808-2808 .. 1-888-4RCOAST .. www. ncc casts lmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address \ er State Rd. # AA ^^ /vF a J �� :� ��oZ N/P P Oi✓� �/. Subdivision NamNe jr r i �o; v°� city / / 61), /rr/„�gio � State N C Zip -1;L8 E/O i Phone No. Lot No.(s) (Hmany, attach additional page with list) 07/0 -isq - foo ext. I I , a. In which NC river basin is the project located? )�:7cai b. Name of body of water nearest to proposed project - e 1,/,y o).j'f la.,)a/ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural XManmade []Unknown / C CJ(_J A, �� 13-" 0 4,x 5."-a/ e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ) Yes []No work falls within. IV 90, 0.,er Co..--(Y/ 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) /OD / •3S4 acre. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL level) -yq OC I c (normal water (It many lot sizes, please attach additional page with a list) tgNHW or ❑NWL e. Vegetation on tract ! SJresS�Vre�s� �Gr�rra/7r� / t'M�� kcv'a 5'`0_55 I. Man-made features and uses now on tract V1OU 5C/ Er '�-_ /��.5 _� // // (:CD E..�� CO N�'!C/G (O.t/l6ke"11 PJ , g. Identity and describe the existing land uses adiacent to the proposed project site. /`e 5"CQe'q-a / /lo hlc 5 It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? r7 d (Attach zoning compliance certificate, if applicable) eel f, -- . i n / IkYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 'BNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No NNA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does h involve a ❑Yes ,Mo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page>JUL O 1 2014 6CM WILMINGTON, NC JUN 18 2014 252-808-2806 .. 1-888-4RCOAST .. arvv w. n cc oastal management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? 19Yes [:]No (ii) Are there coastal wetlands on the site? - 45Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Aguo (Attach documentation, it available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. "e i t p. Describe existing stone water management or !treatment systems. SUI''�-GC e i UNo T 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government C 07pro0 )W—rivate/Community b. Give a brief description of purpose, use,, and dairy operations of the project when complete. (� —r 'f ID,(/.. t�tPc�y Quo 0"Y�c`7 jrl roe.-Qr7 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. !�I fn'� r Scgl bu (�c (~Po c� -5 Aee�/s w,�t, <.(�v�zQ o.y Ina rsne, d ia�la l� 1(e /Og¢ s (Sk yo,�oi, 01U: f scc�a�o� �o Ito (d kohA� + r�;s ry;e baa4-s- d. List all development activities you propose. - e. Are the proposed activities maintenance of an existing project, new work, or both? ��77 r S PC.,).a n✓' bemuse o/O�' Wn N f. What is the approximate total disturbed land area resulting from the proposed project? � IRSq.Ft or ❑Acres sg Pow g. Will the proposed project encroach on any public easement, public accessway or other area []Yes EINo ❑NA that the public has established use of? h. discharges to waters of the state. Describe location and type of existing and`, proposed S(,_r�%cF PUN0T� i. Will wastewater or stormwater be discharged into a wetland? ❑Yes .$No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No 1ONA j. Is there any mitigation proposed? ❑Yes ,;RNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> JUL O 12014 DCM WILMINGTON, NC JUN 18 2014 252-808.2808 .. 1-888.4RCOAST .. ww,,v.nccoasll{Li%lanavement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application. form, (MP-1) the following items below, if applicable, must be submitted In order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. _ a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENA. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name j 5u`a{41efs ay e`: jv, c,. 6/.ae . Phone No. '. Address aYCs �,a%e� LJi r a I Jr �iJi i�a :�o_NL/l3 L `� 8�1�ti Name UnN � �u�y c�oln,.�s o,J \ Phone No Address aua 1 (,2N� �� Name ' Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.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. 7.Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify t at tqe information provided in this application is truthful to the best of pty knowledge. Date I5 _1 e/ Print Name 4l T "n n l%� r �- Signature < rJUL 01 2014 Please indicate application attachments pertaining to your proposed project. ir ;1RDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts BC`.•§!M' CITY ❑DCM MP-3 Upland Development )DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 18 2014 252-808-2808 :: 1-888.4RCOAST :: www.necoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL []None (ii) Describe the purpose of the excavation in these areas: N � 2. DISPOSAL OF EXCAVATEp MATERIAL V 0,his section not applicable a. Location of disposal area. b. Dimensions of disposal area. N od c. (i) Do you claim title to disposal area? []Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes []No []NA (ii) If yes, how much water area is affected? RECEIVED RECEIVED JUL 0 1 2014 DCM WILMINGTON, NC JUN 2 6 2014 DCNt-MHD c'►TY 252-808-2808 :: 1.88"RCOAST :: www.nccoastalmananament.net revised: 12/26/06 Form ®CM MP-2 (Excavation and Fill, Wage 2 of 2) a 3 SHORELINCg" ABI ' TION pThrs sec��on nat applloc�l�la (ItaBvglopmept Is a woodgrorn tls�(P1P+4r Siratures)�r �'k t,�� y a. Type of shoreline stabilization: b. Length: LQA" 'Bulkhead ❑Riprap ❑Breakwater/Sill []Other:_ c. Average distance waterward of NHW or NWL" e. Type of stabilization material: (A A;V / 6' &L-Q 61 g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ too,- c Breakwater/Sill_ Other_ i. Source of fill material. n (.10lQNQf' �C/wl�' /Ji If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area /0S�c� (iv) Purpose of fill �i(( 6e, tf,.ol 9/o �10i'Qt , a. How will excavated or fill material be kept on site and erosion controlled? c. (i) Will navi honal aids be required as a result of the project? []YesNo ❑NA (ii) If yes, explain what type and how they will be implemented. Width: d. Maximum distance waterward of NHW or NWL f. (1) Has there been shoreline erosion during preceding 12 months? (fifes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. rr e)�(„e„� e ✓^ PeSr/a..) CCclC.Se v iS r z5 d— h. Type of fill material. sLL,v c( submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of s uare feet affected. �CW ❑SAV ❑SB. ❑WL 2LOS _r'r❑None (ii) Describe the purpose of the fill in these areas: �RCle- Ia 1.2r Qi y .VrU b4�/GI.�.eLO/ What type of construction equipment will be used (e.g., dragline, bacckkhoe, or /hydraulic dredge)? I-7Qe�Gln o � J. (i) Will wetlands be rossed in transporting equipment to project site? []Yes go ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252.808.2808 :: 1-888ARCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 z m < Is n 114 --.a qg 6,14119 � o MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 4, 2014 Willard Buffkin 229 Gazebo Court Wilmington, N.C. 28409 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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance 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, t Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: (252) 808-2808 \ Internet: htto://Portal.ncdeitr.ora/web/cm/ An Equal Opportunity IAffurnalive Action Employer— Made in part by recycled paper IIDCM Coordinator:_ /�ot C Permit #: 7. P- /e�t MAILING DISTRIBUTION SHEET Agents:,' 1DCM ]Field Offices Elizabeth City / ✓ (with revised work plan drawings) Morehead City ✓5 5 Washington mmgton �- US AC®E Offices: Washington: Raleigh Bland Wilmington: nnie Smi �— Cultural Resources: Renee Gledhill -Early or (e ironmental.review@ncdcr.g Public Water Supply: Williams (WIR Joey e NC DOT: ce Shellfish Sanitation: �Ierr_ State Property: ton Water Resources: i ins (Ralei John Hennessy C DOT) Washington: Anthony Scarborough Wilmington: Joanne Stee uis - 401 Cha Coburn - 40 ' Linda Lewis - ater Wildlife Resources: M ' m-(WARO) � LP®: Fax Distribution: Pernutee #: Agent #:_ �U ,IL l -cod CJ t-m> k as/ r.__ N ., ' G'-L.-l`_«1, RECEIVED — DCM WILMINGTON, NC JUL 0 1 lnla DC.M. MffD CITY A - f/► j . J � ' L. Y, :: �Y 'P icY.TV/r � �tT� p 1I t >A �.'� •S2 '+4w_� O 5' L+ 2. 3. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Willard Buffkin c/o Jimmy North LOCATION OF PROJECT SITE: Site is located at 242 Inlet Point Drive adjacent to Inlet Point Canal and Myrtle Grove Sound, in Wilmington, New Hanover County, Photo Index — 2006: 21-7379 N, 4 2000: 21-259 N, 4 1995: 21-241 N, 6 State Plane Coordinates - X: 2336321 Y: 119159 GPS —0-042512A Lat: 34°04' 18.52"N Long: 77°53' 17.94"W INVESTIGATION TYPE: CAMA/ D & F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 04/25/14 and 5/30/2014 Was Applicant Present — Yes and Agent PROCESSING PROCEDURE: Application Received — 06/18/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— New Hanover County Land Classification From LUP — Resource Protection (B) AEC(s) Involved: CW, ES (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, bulkhead, access pier and floating dock Planned- New vinyl bulkhead (G) Estimated Annual Rate of Erosion: —P per year HABITAT DESCRIPTION: (AREA) DREDGED RBCEIVEp 1 FJUL 01 2014 DCM-MHDCITY water supply well pump house, concrete block FILLED OTHER (A) Vegetated Wetlands (Coastal & §404) (B) Non -Vegetated Wetlands (Open Water) 210 sq. fr. (C) Other - Highground disturbance 1,800 sq. ft. J (D) Total Area Disturbed: 2,010 sq. ft. (0.046 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed IVEt: JUL 0 12rt'4 DCfi: °. ST'J CITY 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of existing concrete block bulkhead. Willard Buftkin Page 2 9. PROJECT DESCRIPTION The project site (property) is located at 242 Inlet Point Drive (off NC Hwy 421), off Inlet Point Canal which is adjacent to the AIWW/Myrtle Grove Sound, in Wilmington, New Hanover County. To locate the property from Market Street travel south on College Road (NC Hwy 132) and continue south for approximately 5 miles on Carolina Beach Rd. (NC Hwy 421). Make a U-turn, take the first right onto Inlet Point Drive and keep to the left on Inlet Point Drive. The project site is located on the right side of the road. There is a gate at the entrance to the subdivision and the gate code is #4633. Existing structures on the project site include a single family residence and a private docking facility, which includes an access pier (4 feet x 20 feet), gangway ramp and a floating dock (8.5 feet x 32 feet), which runs parallel to the shoreline. The project site is approximately 0.35 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The project site has approximately 100 feet of irregular shoreline frontage along Inlet Point Canal which appears to be due to erosion. The project shoreline along with both adjacent riparian properties has been stabilized by loose concrete bags. Along the project area, it appears that abnormal tides are able to infiltrate through the loose concrete wall and allow for coastal and §404 wetlands type vegetation to volunteer on the landward side of the concrete bags, which includes: Sea Ox-eye (Borrichia frutescens) and Salt Meadow Grass (Spartina patens). It should be noted that there is a small water supply well pump house located on southwestern portion of the property, just landward of the existing concrete block wall. Waterward of the concrete bags is an area of high marsh and §404 wetlands type vegetation, which includes: Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens) in an area approximately 3 feet in width. The vegetation then transistions to low marsh species which consists primarily of Smooth Cordgrass (Spartina alterni,Jlora) in an area of approximately 20 feet in width (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). The NC DCM was unable to locate previous permits for this property; however, based on historical aerial photography, the property was developed prior to the Inlet Point Subdivision and their associated access channel and boat basin. The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high ground portion as Developed. The waters of Inlet Point Canal and Myrtle Grove Sound are classified as SA, by the NC Division of Water Resources. These waters are designated as PNA by the NC Division of Marine Fisheries and are closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new bulkhead waterward of existing concrete block bulkhead. The application states that a new approximately 100 linear feet vinyl bulkhead would be located just waterward of the existing concrete block bulkhead in order to straighten the alignment in the areas of previous erosion. The area between the new bulkhead and the highground would be filled with clean fill material from an upland source and would be brought in to bring the final grade up approximately 4 feet above the existing grade level to the top of the new bulkhead (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). 10. ANTICIPATED IMPACTS The proposed bulkhead would incorporate approximately 210 sq. ft. of Coastal Wetlands and §404 wetlands type vegetation which primarily consists of Salt Meadow Grass (Spartina patens) and Sea Ox-eye (Borrichia frutescens), including areas of the highground which appear to have colonized on the landward side of the existing bulkhead due to the lack of maintenance. The bulkhead would disturb approximately 1,800 sq. ft. of highground for the associated backfill and tie -back anchor system. Submitted by: Robb Mairs Date: June 27, 2014 Office: Wilmington RECEIVED JUL 0 1 TC* r � rim rim.. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Willard Buffkin PROJECT NAME: BujyNn Bulkhead COUNTY: New Hanover LOCATION OF PROJECT: 2421nlet PG Dr., adjacent to Myrtle Grove Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-18-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs n �, DISTRICT MANAGER REVIEW: ✓ 2.� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 6-26-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 6-2 -14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY. To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 400 END OF NOTICE DATE: 7-17-14 DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: 7-17-14 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative J I ✓ Coastal Management - LUP Consistency b,� Division of Community Assistance Land Quality Section (DEMLR) %-Q- iq Division of Water Resources (401) 9, 23-/y t" U 3- 130 (✓s. Storm Water Management(DEMLR) State Property Office Division of Archives & History Division of Environmental Health -1- I 14 AWL Rpmwm Division of Highways '7-1y- if Wildlife Resources Commission /6-lN ✓ JUL 01 2014 Local Permit Office Division of Marine Fisheries / DCM 1- J t/ ✓ Corps of Engineers Jw- rl 0w S -7-q-14 ✓ MA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law INC DOT New Hanover County DISTRICT 3 jUL 01 2014 RECEIVED John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his 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 7 - 22 — 1 RECEPM JUL 2 4 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM MHD Cfl Y Phone: 910-796-7215 \ FAX: 910395-3964Internet: www.nccoastalmanagement.net An Equal Opporlunily \ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Willard Buffkin c/o Jimmy North 2. LOCATION OF PROJECT SITE: Site is located at 242 Inlet Point Drive adjacent to Inlet Point Canal and Myrtle Grove Sound, in Wilmington, New Hanover County. Photo Index — 2006: 21-7379 N, 4 2000: 21-259 N, 4 1995: 21-241 N, 6 State Plane Coordinates - X: 2336321 Y: 119159 GPS —0-042512A Lat: 34°04' 18.52"N Long: 77°53' 17.94"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 04/25/14 and 5/30/2014 Was Applicant Present — Yes and Agent PROCESSING PROCEDURE: Application Received — 06/18/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— New Hanover County Land Classification From LUP — Resource Protection (B) AEC(s) Involved: CW, ES (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, water supply well pump house, concrete block bulkhead, access pier and floating dock Planned- New vinyl bulkhead (G) Estimated Annual Rate of Erosion: —I' per year HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal & §404) (B) Non -Vegetated Wetlands (Open Water) 210 sq. ft. (C) Other - Highground disturbance 1,800 sq. ft. (D) Total Area Disturbed: 2,010 sq. ft. (0.046 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of existing concrete block bulkhead. RECEIVED rJU L 9 4 2m4 DCM-MHD CITY Willard Buffkin Page 2 PROJECT DESCRIPTION The project site (property) is located at 242 Inlet Point Drive (off NC Hwy 421), off Inlet Point Canal which is adjacent to the AIW WlMyrtle Grove Sound, in Wilmington, New Hanover County. To locate the property from Market Street travel south on College Road (NC Hwy 132) and continue south for approximately 5 miles on Carolina Beach Rd. (NC Hwy 421). Make a U-turn, take the first right onto Inlet Point Drive and keep to the left on Inlet Point Drive. The project site is located on the right side of the road. There is a gate at the entrance to the subdivision and the gate code is #4633. Existing structures on the project site include a single family residence and a private docking facility, which includes an access pier (4 feet x 20 feet), gangway ramp and a floating dock (8.5 feet x 32 feet), which runs parallel to the shoreline. The project site is approximately 0.35 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The project site has approximately 100 feet of irregular shoreline frontage along Inlet Point Canal which appears to be due to erosion. The project shoreline along with both adjacent riparian properties has been stabilized by loose concrete bags. Along the project area, it appears that abnormal tides are able to infiltrate through the loose concrete wall and allow for coastal and §404 wetlands type vegetation to volunteer on the landward side of the concrete bags, which includes: Sea Ox-eye (Borrichia frutescens) and Salt Meadow Grass (Spartina patens). It should be noted that there is a small water supply well pump house located on southwestern portion of the property, just landward of the existing concrete block wall. Waterward of the concrete bags is an area of high marsh and §404 wetlands type vegetation, which includes: Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens) in an area approximately 3 feet in width. The vegetation then transistions to low marsh species which consists primarily of Smooth Cordgrass (Spartina alternitlora) in an area of approximately 20 feet in width (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). The NC DCM was unable to locate previous permits for this property; however, based on historical aerial photography, the property was developed prior to the Inlet Point Subdivision and their associated access channel and boat basin. The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high ground portion as Developed. The waters of Inlet Point Canal and Myrtle Grove Sound are classified as SA; by the NC Division of Water Resources.. These waters are designated as PNA by the NC Division of Marine Fisheries and are closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new bulkhead waterward of existing concrete block bulkhead. The application states that a new approximately 100 linear feet vinyl bulkhead would be located just waterward of the existing concrete block bulkhead in order to straighten the alignment in the areas of previous erosion. The area between the new bulkhead and the highground would be filled with clean fill material from an upland source and would be brought in to bring the final grade up approximately 4 feet above the existing grade level to the top of the new bulkhead (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). 10. ANTICIPATED IMPACTS The proposed bulkhead would incorporate. approximately 210 sq. ft. of Coastal Wetlands and §404 wetlands type vegetation which primarily consists of Salt Meadow Grass (Spartina patens) and Sea Ox-eye (Borrichia frutescens), including areas of the highground which appear to have colonized on the landward side of the existing bulkhead due to the lack of maintenance. The bulkhead would disturb approximately 1,800 sq. ft. of highground for the associated backfill and tie -back anchor system. Submitted by: Robb Mairs Date: June 27, 2014 Office: Wilmington 9 e`6 c i-ar, iL'�t. o c/o s-- c�e-yy RECEIVED �[ RsCmm DCM WILMINGTON, NC N 18 , JUL 24 2014 __ DCM Mr-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1:: First Name ! , MI Last Name (' r G-TiG ! rJ Applicant 2: First Name MI Last Name if additional applicants, please attach an additional page(s) with names listed. Mailing Address , PO Box City ( tate Ts ZIP ggyo i Country u 5 Phone No. 1 4/a -1)94 -gofl?( exL FAX No. Street Address (d different from above) City State ZIP Email 2 Agent/Contractor Information W Business Nam, 1 Agent/ Contractor First Name MI Last Name �L 4 JUL 24 2014 Agent/ Contractor V Firs Name MI Last Name j)CM-WID CHY Mailing Address PO Box City State ZIP 7" Phone No. t Phone Ko. 2 f l/0 3 9ro iP31 -8'5191 ext. ext. FAX No. Contractor Of Street Address (if dffferent from above) City State ZIP Email -1;,tiHy DCM WILMINGTON, NC <Form continues on back> JUN 18 2014 252-808-2808 .. E-833,4,ACOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit y,I kk IT l �-,'°' T }! 4 d'y 1 ] s 't• t T f _ 4 ). s h� VS' '3 y Rr viykt 3.A g ` 3 Pro/ecf>Localon , ^.; u..e11,> e/Ytx. } �'.n,e..�5�.-. "•�.. a cnr.riiv'. �'Y AC .ti3 3 S f• ^ County (can be multiple) Street Address State Rd. It Subdivision !Name� City (�( State Zip . �J/r 7 1 %�,!/dcn7S'Uo NC ';'8Ef0i Orv� Phone No. Lot No.(s) (if many, attach additional page with list) �/D -�qq - ,p00 ii ext. a. In which NC river basinisthe project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural.,( Manmade ❑Unknown . /C CJC--) d G-e— e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within. [[)J ry ✓ r{i"u 7s si1^+"�a y- L'1 i�.{f�ll. la}.��ulw'>•C4 N✓j�f`'H �y �' SK,.%''Li L4 NSff isY �So�RE e}'l .e�b'E jcEslti� ""¢�v eat Rr'f `�-�arcd 3 r'Si^-*{' �{� iece ygt �.,,.. , n�, Sxk�F.�i'F?E.31�'��ur�,SS^a^�Yti�.;.xioti�r k�sivi�lb4�� ��..���,�..wU NS': h;"k e,�r✓>Cw.��^'�a*., a's�'e�'d"�.b,K-,�r'r`?,;2�. �ie+�s.. n._t�s�r� ,'#. a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) /OD 35cre_ c. Size of individual lot(s), / 3q / d. Approximate elevation of tract above NHW (normal high water) or Wo OG✓e_ NWL(ndrmalwater level) .., G r (If many lot sizes, please attach additional page with a list) aNHW or ❑NWL e. Vegetation on tract>/ irees� 'Groexan 9,e,-�1 Y0"0 / I-lCVS 5'T4ss SIrc55� / f. Man-made features and uses now on tract yt0 ct 5e /Ji Er-✓ Ca`f i`...5 G'QoG�� CONe✓e �e %.t llc kenOT g. Identify and describe the existing land uses adjacent to the proposed project site. . ., �P5irl''_q;a / llor4e5 . 1� h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? nn �i (Attach zoning compliance certificate, if applicable) PS i G"T n 'AYes ❑No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes'SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No UNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ,Mo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC JUN 18 2014 252-808-2806 :: 1-888-4RCOAST :: www.necoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ElYes, ❑No (ii) Are there coastal wetlands on the site? >SYes []No (ill) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes 45No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. sPpN;c- o. Describe existing drinking water supply source. "ed p. Describe existing storm water management or treatment systems. 5- Activities av►d Impacts a. WIII the project be for commercial, public, or private use? ❑Commercial ❑Public/Government 0 e IRPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when cc/omplet(e'.` O& 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. h eq P loaIk,t4eDJ s%erC1, �;( u�o 7 Ltaitnv u i � lolr die ¢¢ s S�qf nw,��t (0, o!•I CI o Gtm (e/ eta .4a u- i O�,'g �l ie. bcn /cs. ". E'SCaJ O� d. List all development activities you propose. / �NS.haI/ bu (Ir' I7eaol a bDe,'�:l/ lrie I�,;tiD/ �a l . e. Are the proposed activities maintenance of an existing project, new work, or both? r for () beonlise �Id NPW <.a7[a- f. What is the approximate total disturbed land area resulting from the proposed project? . ,JRSq.Ft or []Acres sq POD g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ENo []NA that the public has established use of? h. Describe location and type of existing andproposed discharges to waters of the state. RgCUM (,tr'fac8 Puw-)oTT JUL 2 4 2014 •- 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes ,$No ❑NA DCM-WM C1Tv If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No MA j. Is there any mitigation proposed? []Yes ';RNo []NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC JUN 18 2014 252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6 x'��ld►1`�or�talJ►ttor�a�trorty ,,, � t htk ipaddnwitiPLtfriStCompfefelffSplleatodfbrm>4?'tfhetgllowHZ�tree rbe/¢rY,'af3'iphcab�emust(resrbfftit}e(t"oFdelfo (fsb�Uddt7oh„_ pacKage t©be campte;e, hems s) a{rAa>e lwaY�aPP1ha6(e rb �+rY iol day (Op(�er a�Aftc3 rt , P1.0006Fdgu%rn a Pl cafidrk rttyG ai lOy�{tl6n�fj b(H7�efOl�ffKA! d�P�b�ffj7. RfepBfPn�e���1(���t.4�d�WYY •n AYnt`& 4)��la�:) t� L x yk � x•� I,�,-. h. a ,k.�. at 'E l��,i a� - a. A project narrative. IT An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. it j�falriOjE rE r3it `^t�,;Nf��'f h, C����sLt CJr'��,lw3ty kSr��N�a`7�"+j�f��r; ,,,Plt"dF#e NOy,�i, e+4�"�� 4jv+i r' x w.iy x„•tW :Sx „o:tf* v'f' 2� lfr �v + d uM tF3 m: t t * 3' ", +� I K [ t � �,. a Lw� S�vi �) Y,qt F-w Name b�-u l.�y �-o 17 �6 0,� Phone No. ow Address 7�rtt]e; m 7S.Ya`.� �' ^ki � �* o�•k tr�a,� 'L 'Y*+y'w^i�,- 'i�d`�rp>ti�fiNyi>> A". r#�.tM '��'tt93 ��t10R.6��,(3i`t"4+."•9 xa^Xt �rw �+„yH,ri•T4 x.�t4x { g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.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 oescriDea in me appncarton. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify t at t information provided in this application is truthful to the best of yRy knowledge. Date � �S i� Print Name Signature l Please indicate application attachments pertaining to your proposed project. ;fDCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts []DCM MP-3 Upland Development ;J}DCM MP-4 Structures Information DECEIVE® DCM WILMINGTON, NC J U N 18 2014 282-808-2808 :: 1.888-4RC0AST :: vvww.necoastaIman agement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline . (NLW or NWL stabilization Length Width Avg. Existing NA NA Depth NA NA Final Project Depth $. �3a��$@yA1TB®d19 ° pp/ s n not acat a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. ,p d / /UT/- c. (1) Does the area to be excavated include coastal wetlands/marsh d. High ground excavation in cubic yards. _ (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB RECEM ❑WL []None (ii) Describe the purpose of the excavation in these areas: rJUL 2 4 2014 DCArmDary a. Location of disposal area. t2 od c. (1) Do you claim title to disposal area? []Yes []No ❑NA (H) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None " (ii) Describe the purpose of disposal in these areas: area. d. (1) Will a disppo�sal area be available for future maintenance? ❑Yes So ❑NA (ii) If yes, where? _ f. (1) Does the disposal include any area in the water? []Yes []No ❑NA III) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC JUN 2 6 2014 O=,-AnA.9AOA •. I.AAA�R@n®ST - www_nccoastalmanaaement.net revised: 12126106 Form ®CM MP-2 (Excavation and Fill, Pave 2 of 2) a. ivoeorsnoreunestaewzauon: D. Lengm: ion ❑Ripmp ❑Breakwater/Sill []Other:_ c. Average distance waterward of NHW or NWL: d. �i e. Type of stabiliiation material: f. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ (lior Breakwater/Sill_ Other_ L Source of fill material. ,//r 1 a. (i) Will fill material be brought to If yes, (ii) Amount of material to be placed in the water � 4 (iii) Dimensions of fill area /0�' ;Z K 411 (iv) Purpose of fill c. (i) Will naviA��tional aids be required as a result of the project? [] Yes SNo ❑NA- (ii) If yes, explain what type and how they will be implemented. pal Width: Maximum distancewatenvard of NHW or NWL (1) Has there been shoreline erosion during preceding 12 months? Yes. ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount . "information. - ekl-e,., e � 6 � q; : r�s%fla cauSP a � S or - Type of fill material. Par, PUn. o F (1) Will fill material be placed In coastal wetlands(marsh (OW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands. (WL)? If any boxes are checked, provide the number of s uare feet affected. OCW ❑SAV _ ❑SB _ ❑WL 214s£'SV❑None (ii) Describe the purpose of the fill In these areas: bQe (,f 4 0 2 d. (i) Will wetlands be rossed in transporting equipment to project site? ❑Yes 'Alo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. - 252-808.2808 :: 1-888.41tCOAST :: www.nccosstalmanagement.net revised: 12/26/06 OV), -i;C rT Lit a -4o. an, 0---s C CL North Carolina Pat McCrory Governor Mr. Willard Buffkin 229 Gazebo Court Wilmington, NC 28409 kT- Al ..._. NCDENR Department of Environment and July 15, 2014 Subject Property: 242 Inlet Point Drive — Wilmington Natural Resources John E. Skvarla, III Secretary New Hanover County DWR Project #: 031" JUL 2 3 2014 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Buflkin: You have our approval, in accordance with the attached conditions to impact approximately 0.005 acres (210 square feet) of wetlands to construct a new bulkhead waterward of the existing bulkhead as described in your application received by the N.C. Division of Water Resources (DWR) on June 27, 2014. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3885 (GC3885). This Certification allows you to use the Nationwide Permit #13 (NW13) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: hn://Vortal.nedenr.org/web/wq/swp/ws/401/certsandpermits. 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. k 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www,ncdenr.gov An Equal Opportunity 1 Atfilmetive Acton Employer - Made in part by recycled paper 2 242 Inlet Point Drive New Hanover County 2003-1301v2 The Additional Conditions of the Certification are: 1. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control ,....,measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. i:. .. _ .. Y.: ..._ N12 4"1 i. y'1 ir_ 3 �421n1et Point hive New Hanover County 2003.1301v2 RMEWD 4. Turbidity JUL 2 3 2014 The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosioeptices must be used to meet this standard. 5. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 6. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 Permits. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 � rr, ^mot One (1) copy of the petition must also be served to DENR:': Lacy Presnell, General Counsel, Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 4 2421nlet Point Drive New Hanover County 2003-1301v2 Unless such a petition is filed, this Certification shall be final and binding. 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, .; 11II timegson, Region Supervisor r Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: Certificate of Completion GC 3885 cc: Jimmy North — Coastal Marine Construction — 6314 Wrightsville Avenue, Wilmington, NC 28403 Jonathan Howell — DCM Morehead City Robb Mairs — DCM Wilmington Ronnie Smith — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion , ru 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: Agent's Certification Date: 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 1, 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 WDENR North Carolina Department of Environment and Natural Pat McCrory Govemor June 27, 2014 Division of Coastal MF agemer' MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location Georgette Scott Stormwater Section DEMLR - WiRO REC Reso J� JUL 2 3 i6 arla, III Secretary DCM.MtMCrrr EIVE JUN2720% Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Willard Buffkin 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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 de cribed in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.ncooastalmanaaement.net An EWW Opportunity \ AffnnaUve Action Emgoyer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 15, 2014 Willard Buflkin 229 Gazebo Court Wilmington, NC 28409 Subject: EXEMPTION Stormwater Project No. SW8140615 Buffkln Bulkhead Project New Hanover County Dear Mr. Buffkin: John E. Skvada, III Secretary momwn JUL 2 8 2014 1fCUM"CfT-" 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 June 27, 2014. 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 2H.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. Please note that the stormwater rules require the Division to permit the common plan of development, therefore. any Energy. Mineral, and Land Resources prior to any construction. 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. Sinc ly, or Tracy E. D vis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/ad: G:1WQ1SharedlStormwateAPernits & Projects120141140615 ExemptionQ014 07permit 140615 cc: Jimmy North; Coastal Marine Construction New Hanover County Building Inspections Robb Mairs/Shaun Simpson Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Secfion - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: http://portal.nodenr.org/web/ir/ Asp NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Tim Walton Dept of Administration State Property Office RECEIVED JUN 3 0 2014 DOA STATE PROPERTY OFFI(;F John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. a..'This agency has no comment on the proposed project. tT This agency approves of the project only if the recommended changes are r� incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �( I Nr RECEIVED JUL 16 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 TiFiD Cfl �' Phone: 910.796.72151 FAX: 910-395-3964Internet: www.nocoastalmanaaement.net An Equal opportunity \ Alfinafive Action Employer 30IIillllInn04I NI�11 lN�IINININIINNN 201382 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 FEB 06 03:57 05 PM BK:5703 PG:2843-2848 FEE $26.00 NC REV STRMP:$500.00 INSi NNI # NINE NORTH CAROLINA GENERAL WARRANTY DEED Real property is not the primary residence of Grantor. Prepared by: Ned M. Barnes, Attorney at Law C-2 Pleasure Island Plaza Carolina Beach, NC 28428 Mail after recording to: Ned M. Barnes Excise Tax: $500.00 Parcel Identifier No. R08511-004-004-001 Brief description for the Index Part of Lot 1, Inlet Point, Sec. 1 THIS DEED made this 18th day of January , 2013 by and between DREW E. PARKER, Unmarried* And GREGORY S. PARKER, Unmarried* And SANDRA DAWN ISON, Unmarried*, individually and as Executrix of the Estate Gerald I. Parker 5607 Old Garden Road, Apt 301 Wilmington, NC 28403 *Being all of the heirs of Gerald i. Parker,12 E 1281/New Hanover Col GRANTEE WILLARD S. BUFFKIN, JR. and wife, BEVERLY G. BUFFKIN 229 Gazebo Court Wils�ton, NC 28409 rJU RECEIVEDL 16 2014 DCM•MyD CITY The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECEIVED DCM WILMINGTON, NC JUN 1 8 2014 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 fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1164 at Page 1869 and Estate File No. 12 E 1281. A map showing the above described property is recorded in Map Book 19 at Page 37. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has 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 persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2013 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. � �,/� �, 1"o^"fl' (SEAL) DREW E. PARKER STATE OF VIRGIN'A /Vt+ COUNTYOF /i/4CA,) 4/ll)v�ei� I certify that DREW E. PARKER, who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein.,��,�� /� Zp WITNESS my hand and notarial stamp or seal, this the :3 day of (. a-m �91 . Cse.j 0 �` p,N P. NOTARY * * * = Pueuc . v �<tA zajL P Notary Public My commission expires: (2-0Z—/(e RECEIVED DCM WILMINGTON, NC JUN 18 2014 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of Board of Directors, the day and year first above written. • _(SEAL) GREGORV S. OARKER STATE OF VIR IA COUNTY OF I certify that GREGORY S. PARKER, who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein. WITNESS my hand and notarial stamp or seal, this the,UAAday of JA,4 sLXV , 2011 LESLIE A. MECCA ��- . a Notary Public Notary Public Commonwealthe9 rginia My commission expires: R 9 # My Cmmission Exps. Q f RECErVED JUL 16 2014 DCM-MAD C1Ty RECEIVED DCM WILMINGTON, NC JUN 1 9 2014 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority o ' Board of X926"EAL) ors, the day and year first above written. SANDRA DAWN ISON, Individually and as Executrix of the Estate of Gerald I. Parker STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER * I certify that SANDRA DAWN ISON who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein. 3 WITNESS my hand and notarial stamp or seal, this the q day of 2012. *individually and as Executrix of the Esta'e of Gerald I. Parker Notary'— �.� My commission expires: " S� NOTARY m_ PUBLIC RECEIVED DCM WILMINGTON, NO JUN 19 2014 A, KTv. TAMMY THELISCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ..........u... ♦...... •x. xxxux..x.x. xxxwxun • uu....x...xx xx •uu.x.0 • x.xxxu. u........v.0 Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 02/06/2013 03:57:05 PM RE 5709 Page: 2843-2848 2013004382 6 PGS $26.00 $500.00 CRESWELL,ANDREA State of North Carolina, County of New Hanover RECEIM JUL 16 2014 PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. DCN-MHDCITY *2013004382* DCMWI MNIG ON, NC 2013004382 JUN 18 2014 (Page 1 of 3) Note MIN 9 100159966166593490 February 6, 2013 Carolina Beach NORTH CAROLINA (Date) 10W Istatel 242 Inlet Point Or, Wilmington, NC 28409 [Pmp" Addrers] 1 Borrower's Promise to Pay In return for a loan that I have received, 1 promise to pay U S S 200, 000 00 (this amount is called "Principal"), plus interest, to the order of the Lender TheLenderis Branch Banking and Trust Company I will make all payments under this Note in the form of cash, check or money order i understand that the Lender may transfer this Note The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder " 2 Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid 1 will pay interest at a yearly rate of 4 250% The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note 3 Payments (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payment on the 1st day of each month beginning on April Ol , 2013 l will make these Payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal If, on Marc IT 01, 2043 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is is called the "Maturity Date " I will make my monthly payments at 223 WestNashStreet, Wilson. NC 27893 or at a different place if required by the Note Holder (B) Amount of Monthly Payments My monthly payment will be in the amount of U S S 983 88 4 Borrower's Right to Prepay 1 have the right to make payments of Principal at any time before they are due A payment of Principal only is known as a "Prepayment " When I make a Prepayment, I will tell the Note Holder in writing that I am doing so I may not designate a payment as a Prepayment if I have not made all the monthly payments duo under the Note I may make a full Prepayment or partial Prepayments without paying a Prepayment charge The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes evle"eTB — MVLTIaTATATEFIXED PATE NOTE fiNOb GenAr ivnme MevlFtMSU Nve UNaOaH IN6TWaENT I001090100 VNP ® Form $2001161 WMe(0 Nlwer Fnvneul Senor VNPSN (1112pp Ppv / of 3 Fi (:::i.:1=1 V E0, DCM WILMINGTON, NC JUN 1 S 2014• (Page 3 "f 3) 9 Wawere I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor "Presentment" means the right to require the Note Holder to demand payment of amounts due "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10 Untforrn Secured Note This Note is a uniform instrument with limited variations in some jurisdictions In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note Some of those conditions we described as follows If all or any pan of the Property or any Interest in the Property is sold or Transferred (or ifBorrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a penod of not less than 30 days from the date (he notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borowa fads to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED •""' d sr/��� (Seal) //l/.1/, & UGt/kti(r (Seal) Willard S Buffkln f ` •Borrower Beverly W Buffkin -Borrower (Seal) (Seal) -Borrower -Borrower O Refer to the attached Signature Addendum for additional parties and signatures sign Original Only] pint gnatures 6614439340 MULTiSTATEFIXEDRATENOTE &,b F,mfr F---M"1fa1a M,c UN1F0MINffTNUMe1T VMV e W.%V. in.N F.N Swka WI i H0lJT RECOURSE PAY TO THE ORDER OF L':�ANCH DANMG AND TRUST COMPANY P y y .l-„ )VI Y¢%" 1ULI1; M PALMER, VP Mom JUL 16 2014 7001433101 VN PON3 d1 RECEIVED DCM WiLMINGTON, NO JUN 1 9 2014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Willard Buffkin c/o Jimmy North 2. LOCATION OF PROJECT SITE: Site is located at 242 Inlet Point Drive adjacent to Inlet Point Canal and Myrtle Grove Sound, in Wilmington, New Hanover County. Photo Index — 2006: 21-7379 N, 4 2000: 21-259 N, 4 1995: 21-241 N, 6 State Plane Coordinates - X: 2336321 Y: 119159 GPS —0-042512A Lat:34004'18.52"N Long:77°53'17.94"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 04/25/14 and 5/30/2014 Was Applicant Present — Yes and Agent 5. PROCESSING PROCEDURE: Application Received — 06/18/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— New Hanover County Land Classification From LUP — Resource Protection (B) AEC(s) Involved: CW, ES (C) Water Dependent: Yes (D) Intende se: Private (E) Wastewa went: Existing- Municipal sewer Planned- N/A (F) Type of Structures: Existing- Sinele family residence, bulkhead, access pier and floig deck Plana - New vinyl bulkhead (G) Estimated Annual Rate of Erosion: —P per year 7. HABITAT DESCRIPTION: [AREA] DREDGED water supply well pump house, concrete block FILLED OTHER (A) Vegetated Wetlands (Coastal & §404) (B) Non -Vegetated Wetlands (Open Water) 210 sq. ft. (C) Other - Highground disturbance (D) Total Area Disturbed: 2,010 sq. ft. (0.046 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of existing concrete block bulkhead. - RECEIVED ri L 16 2014 nCM-Mo cm' Willard Buffldn Page 2 9. PROJECT DESCRIPTION The project site (property) is located at 242 Inlet Point Drive (off NC Hwy 421), off Inlet Point Canal which is adjacent to the AIWW/Myrtle Grove Sound, in Wilmington, New Hanover County. To locate the property from Market Street travel south on College Road (NC Hwy 132) and continue south for approximately 5 miles on Carolina Beach Rd. (NC Hwy 421). Make a U-turn, take the first right onto Inlet Point Drive and keep to the left on Inlet Point Drive. The project site is located on the right side of the road. There is a gate at the entrance to the subdivision and the gate code is #4633. Existing structures on the project site include a single family residence and a private docking facility, which includes an access pier (4 feet x 20 feet), gangway ramp and a floating dock (8.5 feet x 32 feet), which runs parallel to the shoreline. The project site is approximately 0.35 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The project site has approximately 100 feet of irregular shoreline frontage along Inlet Point Canal which appears to be due to erosion. The project shoreline along with both adjacent riparian properties has been stabilized by loose concrete bags. Along the project area, it appears that abnormal tides are able to infiltrate through the loose concrete wall and allow for coastal and §404 wetlands type vegetation to volunteer on the landward side of the concrete bags, which includes: Sea Ox-eye (Borrichia frutescens) and Salt Meadow Grass (Spartina patens). It should be noted that there is a small water supply well pump house located on southwestern portion of the property, just landward of the existing concrete block wall. Waterward of the concrete bags is an area of high marsh and §404 wetlands type vegetation, which includes: Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens) in an area approximately 3 feet in width. The vegetation then transistions to low marsh species which consists primarily of Smooth Cordgrass (Spartina alterniora) in an area of approximately 20 feet in width (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). The NC DCM was unable to locate previous permits for this property; however, based on historical aerial photography, the property was developed prior to the Inlet Point Subdivision and their associated access channel and boat basin. The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high ground portion as Developed. The waters of Inlet Point Canal and Myrtle Grove Sound are classified as SA, by the NC Division of Water Resources. These waters are designated as PNA by the NC Division of Marine Fisheries and are closed to the harvest of shellfish. PROPOSED PR The applicant proposes fp construct a new bulkhead waterward of existing concrete block bulkhea(t> The application states that a new approximately 100 linear feet viny u el [a wo a existing concrete block bulkhead in order to straighten the alignment in the areas of previous erosion. The area between the new bulkhead and the highground would be filled with clean fill material from an upland source and would be brought in to bring the final grade up approximately 4 feet above the existing grade level to the top of the new bulkhead (See sheets 1 and 2 of 2, on -site photograph and Project Narrative). 10. ANTICIPATED DIPACTS The proposed bulkhead would incorporate approximately 210 sq. ft. of Coastal Wetlands and §404 wetlands type vegetation which primarily consists of Salt Meadow Grass (Spartina patens) and Sea Ox-eye (Borrichia frutescens), including areas of the highground which appear to have colonized on the landward side of the existing bulkhead due to the lack of maintenance. The bulkhead would disturb approximately 1,800 sq. ft. of highground for the associated backfill and tie -back anchor system. Submitted by: Robb Mairs Date: June 27, 2014 Office: Wilmington / / Ito, /.1U 17IC/rJA_f '�:7OSPc BYO PpNI:'UC CL �L_a. i�Ji. rS ) / S -T QlLlo , n �r /.� n c. c � CV n_ c� C�sz_�••� T r� r � s r p..> o �n 5 �r 0 L-r _—C.s.2 ou_LU L /S ^ 5` Yc�.J 4 ro nib` P2k ary,�vt r e> A..j c r—Q� O %t o !/I GL J G t _ &r eJ A —Cyl _ B a_.f'_5�� e� C(/ Cy RECEIVED DCM WILMINGTON, NC JUL 1 2014 q P6 R U0 ??I? rn ng y 11I 71 r u- ICU MP-1 APPLICATION for major Development (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name p Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. MailingAddress Po Box City State ZIP 0-81-1,0 l Country US Phone 7!a No. 'xr '80fl� ext. FAX No. Street Address (indifferent from above) City State ZIP Email Business Name al Agent(Contractor 1: First Name MI Last Name �L Agent/ Contractor 2: FI Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 Phone o. 2 3 9 ro ;VD ?siy ext. ext. FAX No. Contractor # - Street Address (if different from above) City State ZIP Email �;H'41 M /1���?I , Snnr� co , RECEM RECEIVED JUL 16 2014 DCM WILMINGTON, NC <Form continues on back> JUN 1 S 2014 DCM-MHDCITY 252-808-2808 .. '1-888-4RCOAST .. www.nccoastalmanagement.net 4 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3` Pro�ecfL`oaatlon; k='fx x t4 srr .. County (can be multiple) Street Address State Rd. # / / Subdivision Name City / / State Zip Phone No. Lot No.(s) (if many, attach additional page with list) '7/D -)Ci St - 100 K ext. , I I , a. In which NC'rlver basin Is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural.,CTManmade ❑Unknown . ft e... r'oGSoc/.- / �+ C') e--) - ! of e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed )qYes ❑No work falls within. � a w 4 T'•4 ny \"t" c/K'�:.f�i��}yr,N t�.y�4y t�" IF�G ;M.�!i�� 4t �� �"�. TS�`��� `M1..1.1 �`�3 t ,!�o Y,�c r 6 bpi F, � 4 wa fix.. 4�f�F 4 . k.�iTn T'+':#ii i;�6�/s��P�Sw'f. l�l ✓k'h$rtr+'.,:do ida��r•:�1.��8)"d}e F���,�,�,i.2?n^iF�.�-.1 hr....4.�1,b1.. .$.J1 siY .Y,vy...Y�.�P'i:r.. +lvfvS a'"e a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) /0D.' .154 acre. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL level) r qp [' QC J (normal water 95W. G (If many lotsizes, please attach additionalpage with a list) t9NHW or ❑NWL e. Vegetation on tract /_^ l IQV.SK r J I. Man-made features and uses now on tract c.4eo-ar i%l�i2ou 5C"' Lr/.�[.'_Rr,5 .oC/ g. Identify and describe theexistingland uses adjacent to the proposed project site. rPSiLt"e.�Y�4 ho MPS . h. How does local government zone the tract? _ i. Is the proposed project consistent with the applicable zoning? (�, (Attach zoning compliance certificate, if applicable) [^ PS r GOT. ` (r n /',LYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Elves 'SNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ENA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ,ENo ❑NA National Register listed or eligible property? DECEIVED <Form continues on next page> 0CM WILMINGTON, NC JUN 18 2014 252-608-2806 .. 11-888411COAST a: www. nccoastalmanagernent. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? 9Yss []No pi) Are there coastal wetlands on the site? 45Yes ❑No (ill) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes tTso (Attach documentation, lfavailable) n. Describe existing wastewater treatment facilities. I sPpCiIc- a lc o. Describe existing drinking water supply source. "e it p. Describe existing stone water management or treatment systems. 5Vitiss and Impacts a. Will the project be for commercial, public, or private use? ❑commercial ❑Public/Government �7r+ioarye- 12p-rivate/Community b. Give a brief description of purpose, use, and daily operations of the project when completer. C/'fGT bu i/G kPocl Qj o�1 ro YecCi ��o�e.(i�,. Tu o,�, �r.J't'Uei er05 /ro,..� / No Fa COAT c. Describe the proposed construction methodology,types of construction equipment to be used during construction, the number of each type of and where It is to be / /y r equipmentstored. t 'TiI�LSVo„7 %ta.-rxei er- �olr �%e /oae y llelrea.J sGt e, .5e-w bu /� j .0 �� C, O.��.. /'ii U. PSCa Ja1.r0� `In dlo fd Ala hf, rr i fi/•`S Cl•c. i9RL•�S. d. List all development activities you propose. r o/ buea� a :l/ toe( r coal ZNsC�a� e. Are the proposed activities maintenance of an existing project, new Work, or both? ca u � s NCW ,.a�o.f because- .� f. What is the approximate total disturbed land area resulting from the proposed project? 0Sq.Pt or ❑Acres sq`�� POD g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes Flo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RBMVED S"r`iace r«.�o`F� ri L 18 2014 I. Will wastewater or stormwater be discharged into a wetland? []Yes .$No ryA ummcny If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No EWA j. Is there any mitigation proposed? []Yes IgNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC JUN 18 2014 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development. Permit � .r ry r xr-r y, '..t 4 4 i} 4tfr 5gg to by 0T/11qflOf�i;: {�addd/on�1?'I(tcoiH.,oerede�}p7lgar�Oni,4r(fir>(M,P-1.1'+roltol�!�n4,ltems befpuvfppRca6fe `trtsr be s"ubmlr3ed(tgFa'elortlra'apPfica�an .;I: p�LKaYIe{o be eglpplyete Ilertr(x tltl �Yea'Ikyay aPpticablA-tn,��ma/or:d6,Y(?loPfig`n(aPpfl�lt,,``teasensrtheiplrcafion' rt , °In�51%�ItlflObWA%1 fIQ !ESD (� Mfile $fB'ff7 rs ICBfI..A.M� f.`` -tt:. I. ...i,-�.a�s.� re.'S �1 , w `' ..�:tY'♦� �.; .r, ,�')'i� eg'�.'u_..FL'i.,; 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. ,� K 4} r y s. r r k a`S1,V Fip Name©� c7-ctCi7.� �.%pl�Nso Jq \ (� I Phone No M. Address �tl/J/ to ¢�s %Jr IG.C�e� v} /l�C 3tJ(° O I? i�1❑Onefsj0 ig Lkst 'J- x ��"L C c ifV e:` '�}' Lr a s +fr j r ,�'2 4.. x .r ur z u a 'Z `i ti• .,s +9 'x s 'Y, , g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.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 ine appucauon. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify t at t e information provided in this application is truthful to the best ofy knowledge. Date Print Name k n y Signature l f7 Please indicate application attachments pertaining to your proposed project. WCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts []DCM MP-3 Upland Development WOM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 18 2014 252-803-2808 :: 1-888-4RCOAST :: www.necoastalman agement. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth _ Final Project - � - — NA _ NA Depth _.. his section not apd a. Amount of material to be excavated from below NHW or NWL inf b. Type of material to be excavated. cubic yards. /14 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑SAV []SB RECENED []WL []None (ii) Describe the purpose of the excavation in these areas: rJUL 16 2014 IV A ' HD CITY a. Location of disposal area. c. (1) Do you claim title to disposal area? []Yes []NO ❑NA (ii) If no, attach a letter granting permission from the owner. a. (i) Does the disposal area include any coastal wetlands/marsh (OW), 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 (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal Include any area in the wateR [--]Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC JUN 2 6 2014 oc�-anR-99na •• 1JkRR-4szrn®sT ,! www.n.-raastalmanaaement.net revised: 12126/06 Form ®CM MP-2 (Excavation and Fill, Page 2 of, 2) c. Average distance waterward of NHW or NWL d. Maximum distance watenvard of NHW or NWL• e. Type of stabiliiation material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ A2l ,+ e Breakwater/Sill_ Other_ 1. Source of fill material. r] �J GO d//Oro Of' 5O'd Ai a: If yes,. (ii) Amount of material to be placed in the water, iL4 (iii) Dimensions of fill area /0S&a'( 4�� (iv) Purpose of fill/ /' 1 on c. (1) Will navigga�tional aids be required as a result of the project? ❑Yes pNo ❑NA (ii) If yes, explain what type and how they will be Implemented. f. (1) Has there been shoreline erosion during preceding 12 months? Mfcs. []No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. e /�,.r� e L.pe�Sr/fl CauSe�Y r�V G/ 5I�/YIi` s d h. Type of fill material. Narry r�n> o� saw suemergea aquatic vegerauon (bAv), snen oonom ton), or other wetlands (WL)? If any boxes are checked, provide the number of s uare feet affected. WW ❑SAV _ ❑SB . ❑WL a1°5SV❑None (ii) Describe the purpose of the fill in these areas: bec('411 l r C ,a1 will be.used (e.g., dragline, d. (1) Will wetlands be rossed in transporting equipment to project site? []Yes go ❑NA (11) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-888.4RCOAST :: www.neconstalmanaaement.net revised: 12126106 tit 1,10 1 Oa 141 cG: a c IVA tb 0 o V J z U / C,•�f/�t� �� o� �ar: �JQ Sn1 1s7-Kos f i -- ---_. --- — -- -- AE wnaz�!/rot . � �� �� ,1✓ � ;� �. -� � �))� it A�� _r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 oR • 03.01 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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. SIGNEDA_IT� DATE 1 -IDlq- "p �ECEIV6U ti �V1.2�14 N.C. Division of Coastal Management N JUL 16 2014 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \FAX: 910-395-3964 Internet: www.nccoastalmanagement.net PP. An Equal opportunity \ Affirm Action Employer P. f' T)CM-Wmcrrx NCDENR ;North Carolina Department of Environment and Natural: Resources Pat McCrory', . ; �; ; Johh E"SkJarla, III Governor l Secretary Q c3 June 27, 2014�- Division of Coastal Management MEMORANDUM: TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits, Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review�tt rt1 �k� t Applicant: ,Willard Buffkin Project, Location:. 242 Inlet.Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: constructiowof a bulkhead Pleaseindicate below your agency's position or viewpoint on the proposed, project and return this form to Jonathan Howell at the,address above by July 17, 2014. If you have any questions regarding the.proposed project, contact Robb Mairs at (910) 796-7423 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 _z� 6DATE �- • 1 S • I q N.C. Division of Ca^_stal ,%aanagement. 1^27 Cardinal Drive U,, Wilmington. NC 29405 Phono; 910.793.7215I FA)C 910-395=39G4 Intorner. rn^m:nccoastatnranapamenl.nel AA Epzil DetXu y+ AV;rr.,+L%, A:C�, EV7iC JUL 0 1 2014 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-1184 County: New Hanover U.S.G.S. Quad: Carolina Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Mr. Willard Buflkin 229 Gazebo Court Wilmineton, North Carolina 28409 0.35 Nearest Town Wilmineton Myrtle Grove Sound River Basin White Oak 03030001 Coordinates Latitude:34.07192 Longitude:-77.888267 Location description: The property is located at 242 Inlet Point Drive, in Wilmineton, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 210 square feet of wetlands for the construction of a bulkhead. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)RECEIVE[)" ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) JUL 14 2014 Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 13 SEE ATTACHED RGP or NWP GENERAL and REGIONAL CONDITIONS ')CM-MHD CITY Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated June 20, 2014 Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-2514829 or by email at ronnie.d.smith iDusace.armv.mil Corps Regulatory Official: Ronnie Smith Date: July 10, 2014 Expiration Date of Verification: March 18, 2017 SAW-2014-01194 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. N There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. N There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetlnad Delineation Manual and the appropriate Regional Supplement, and is adjacent to a canal of Myrtle Grove Sound, which is subject to the ebb and flow of the tide and a navigable water of the United States pursuant to the policies and criteria set forth in 33 CFR 329. Mean high water mark indicated by the presence of water marks and a change in the type of vegetation. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 8, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.*" Corps Regulatory Official: �1 � Ronnie Smith Date of JD: July 10, 2014 Expiration Date of JD: July 10, 2019 Expiration Date of JD: July 10, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httn://re ug latory.usacesurvey.com/. Enclosures: NWP 13 conditions Copy fiunished with enclosures: Mr. Jimmy North Coastal Marine Construction 6314 Wrightsville Avenue Wilmington, North Carolina 28403 Copies fianished without enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 14 2014 Dcm.%"=cIrrY A�� r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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 bdti DATE 1 �I RECEIVED � JUL 0 12014 N.C. Division of Coastal Management x' 127 Cardinal Drive Ext., Wilmington, NC 28405 pCM-MRDCiTY Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer �F�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: Ice FROM: SUBJECT: Applicant: Project Location Shannon Jenkins NH DEH Shellfish Sanitation Section IiECFIVED JUL 16 2014 DC..,Nf-uJc.'Ty John E. Skvada, III Secretary Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Willard Buffkin 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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 a ency objects to the project for reasons described in the attached comments. SIGNE DATE - 1 ' Arn ' Cl4 �n� (a, N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910.395-3964Internet: www.ncooastalmanaQement.net An Equal Opportunity 1 Afiinagve Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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 o jects to the project for reasons described in the attached comments. SIGNED DATE .Jule j-1, 2 o i� ,�; RfiC£iVED JUL 0 9 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MRC" Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastaimanagement.net An Equal opportunity,. Affnnalive Action Employer WrIWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Division of Coastal Management MEMORANDUM: TO: Heidi Cox Environmental Engineer Public Water Supply John E. Skvarla, III Secretary i1 JUN 2 7 2014 l3V.•_ FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Willard Buffkin Project Location: 242 Inlet Pt. Dr., adjacent to Myrtle Grove Sound, in Wilmington, New Hanover Co. Proposed Project: construction of a bulkhead 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 July 17, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423 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 � l CUIJ� W% DATE ko( I . RECEIVED JUL 0 9 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DC..VeN11MCrry Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanacement.net An Equal Opportunity \ AXimianve Action Employer RECOMMENDATIONS FOR Willard Buffkin June 27, 2014 It is the staff's recommendation that the proposal to fill coastal wetlands and construct a new vinyl bulkhead waterward of an existing concrete block bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". The proposed alignment would tie into the existing bulkheads to the east and west. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: 1. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2. The bulkhead must be constructed prior to any backfilling activities. 3. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 7. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 8. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 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 pertnittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. , RECEIVED JUL 01 2014 s. DCM-MHD CMy MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Willard Buffkin c/o Jimmy North, Wilmington, New Hanover County Date: August 28, 2014 Consistency Determination: This project is consistent and not in conflict with the 2006 Wilmington -New Hanover County joint Land Use Plan update. ' The applicant proposes to construct a new bulkhead waterward of the existing concrete block bulkhead. The project is located at 242 Inlet Point Drive, adjacent to Inlet Point Canal and Myrtle Grove Sound in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES and CW. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential while the AECs impacted by the work are classified as Resource Protection. In general, Wilmington -New Hanover County allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27, 2014 Mr. Jimmy North c/o Coastal Marine Construction 6314 Wrightsville Ave. Wilmington, North Carolina 28403 John E. Skvada, III Secretary DearZision rth: ✓ ' K+`% The of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Willard Buffkin for State approval for the proposed development at property located at 242 Inlet Point Drive, off Carolina Beach Road, adjacent to Inlet Point Harbor Boat Basin/Myrtle Grove Sound, in New Hanover County. It was received as complete on June 18, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 2, 2014. 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 June 18, 2014, 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 II3A-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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. 01 ZoTbP�L. Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Ronnie Smith, USACE Patricia Roberts, NH Co. Willard Buffkin, Applicant N.C. Division of Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net rJRECEIVED UL 01 2014 DCM•MHD Crry An Equal Opportunity \ Affirmafive Action Employer stya�4�:i r f rµ 11 t wi�..3.. AMA PERMIT ... . .... .. . - _ 0 0 OUPITE 9TxFT: MT& - 11 a rem ril m C'mfiTi� NdJEE\\4S `CCE-P T ED B—ROUG H July 7, 204 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: jimmy North ^ NC Div. of Coastal Management Coastal Marine -Construction 127 Cardinal Dr. Ext. 6314 Wrightsville Ave. Wilmington, NC 28405 Wilmington, NC 28403 Robb Mairs, Field Representative 910-796-7423 For: Willard Buffkin �r01 I�CDIRK North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Natural Resources John E. Skvada, III Secretary AGENT AUTHORIZATION FORM Date: / S Name of Property Ow r Applying for Permit: Name of Authorized Ag for this project: J. Owner's Mailing Address: Phone Number(9/a ) 5 44 - B oo y Agent's Mailing Phone Number (S/a ) 2 3 / -b'S/ e/ I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permitss necessary to install or construct the following (activity): l ) 11 llc%i-eolo For my property located at L i i r- il; Jy \ This certification is valid thru (date) Property Owner SiAature Date 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.ncooastaimanagemenl.net rJU RECEmm L 01 2014 DCM-MHDC" ocnnee �jC o InayEtVED 190, MINGTON, NC An Equal Opportunity 1 Af native Action Employer JUN 1 S 2014 C13 W1.. .0 m o i $ -'r Postage Ln CedHled Fee Ek MY O e DCO2A O Return Receipt Fee INGTON4 p (Endowment Required) O Restricted Delivery Fee (Endorsement Required) 1 S )nil, 0 M ,_0 Total Postage & Fees $ ru $7.61 06/19/2014 n'I sent To C 'u y S of o NseN G 3'ireer; apt: No.; or Poaac No. �3°�-! _ LJ(h�U'(r M1--`---------------- cuy, ware, nP«a ---'---------------- j7Q /e) ---- ----------' ------ _ --�'-._^ � PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Service., CERTIFIED MAILT. RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usps.com Postage $ F E I V E t" Certified Fee VAMINGTON, NC G Return Receipt Receipt Fee UN 1` 14 p (Endorsement Required) UN O Restricted Delivery Fee $0.00 O (Endowment Required) M $7.61 06/19/2014 _a Total Postage & Fees 1 $ rll nr o u �-5'unnt -- orPoBoxNo. I `,`�Y ✓�.• M1_______________________`7..______..._._QL_._.._________._.._.__' ay S"'°.z�P" GJ� TM . N•C •aY�/o 5' PS Form 3800, August 2006 See Reverse for lnstrueticm� sssssMMW ri RECEIVED UL 01 2014 DO NIIDCITY 3 IIIIIIflIIII�IdICIIlhlIIIIIIIIIIInlIIII 20100438382 FOR REGISTRATION REGISTER OF DEEDS TRMMY IHEUSCH BEASLEY NEW HANOVER COUNTY NC 2013 FEB 06 03:57 05 PM Y 5709 PG:2B43-2848 FEE $26.00 NC REV STPMP:$500.00 INSWEVI # 2013NK NORTH CAROLINA GENERAL WARRANTY DEED Real property is not the primary residence of Grantor. Prepared by: Ned M. Barnes, Attorney at Law C-2 Pleasure Island Plaza Carolina Beach, NC 28428 Mail after recording to: Ned M. Barnes Excise Tax: $500.00 Parcel Identifier No. R08511-004-004-001 Brief description for the Index Part of Lot 1, Inlet Point, Sec. 1 THIS DEED made this tsth day of January , 2013 by and between GRANTOR DREW E. PARKER, Unmarried* And GREGORY S. PARKER, Unmarried* And SANDRA DAWN ISON, Unmarried*, individually and as Executrix of the Estate Gerald I. Parker 5607 Old Garden Road, Apt. 301 Wilmington, NC 28403 *Being all of the heirs of Gerald 1. Parker, 12 E 1281/New Hanover Cc GRANTEE WILLARD S. BUFFKIN, JR. and wife, BEVERLY G. BUFFKIN 229 Gazebo Court Wilmington, NC 28409 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. iWt:Ialvap RECEIVED DCM WILMINGTON, NC rm-Mlm 0 1 ?014 JUN 1 8 2014 CITY 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 fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1164 at Page 1869 and Estate File No. 12 E 1281. A map showing the above described property is recorded in Map Book 19 at Page 37. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has 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 persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2013 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. 0, 'r, o'J':" (SEAL) DREW E. PARKER STATE OF VIRGIN{A /(% COUNTY OF A/e W H -ft n6k -1'" I certify that DREW E. PARKER, who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated there�qin.�� Zol WITNESS my hand and notarial stamp or seal, this the U day of s►f� \\\ PNI a I'ii/., p p/ NOTARY Notary Public My commission expires: RECEIVED JUL 01 2014 VCa -M1IDCITY RECEIVED DCM WILMINGTON, NC JUN 1 8 2014 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of Directors, the day and year first above written. Board of (SEAL) GREGORY S. 10ARKER • - •irWmwrem I certify that GREGORY S. PARKER, who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein. WITNESS my hand and notarial stamp or seal, this theaALLday of JA /y.a-X-1 , 201$ Wmy LESLIE A. MECCA -allotary Public Notary Public Commonwealth of Virginia Reg. #349290 My commission expires: Corrr l sbn Exps RECEIVED JUL 0 1 2014 RECEIVED DCM WILMINGTON, NC JUN 1 8 2014 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority o i Board of D' ctors, the day and year first above written. (SEAL) SANDRA DAWN ]SON, Individually and as Executrix of the Estate of Gerald I. Parker STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER * I certify that SANDRA DAWN ISON who provided satisfactory identification, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and that said act was done voluntarily for the purpose stated therein. 3 WITNESS my hand and notarial stamp or seal, this the `� day of b �v. , 2012. *individually and as Executrix of the Esta e of Gerald I. Parker $of' N. BE�h`� Notary Public n My commission expires: NOTARY a PUBLIC ^ �v r.n A<. rJRECEIVED UL 0 12014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NO JUN 19 2014 EXHIBIT "A" BEGINNING AT A POINT IN THE SOUTHERN LINE OF LOT 1 OF SECTION 1 OF INLET POINT, INC_ AS THE SAME IS SHOWN ON A MAP THEREOF RECORDED IN MAP BOOK 19 AT PAGE 37 OF THE NEW HANOVER COUNTY REGISTRY, SAID POINT LYING SOUTH 86 DEG. 20 MIN. EAST 100 FEET FROM THE SOUTHEASTERN CORNER OF LOT 2, OF SECTION 1 OF INLET POINT, INC., RUNNING THENCE FROM SAID BEGINNING POINT SOUTH 86 DEG. 20 MIN. EAST 100 FEET TO A POINT; THENCE NORTH 03 DEG. 40 MIN. EAST 155 FEET TO A POINT IN THE SOUTHERN LINE OF INLET POINT DRIVE (PRIVATE) 60-FOOT RIGHT OF WAY; RUNNING THENCE NORTH 86 DEG. 20 MIN. WEST WITH AND ALONG THE SOUTHERN LINE OF INLET POINT DRIVE 100 FEET TO A POINT WHICH LIES SOUTH 86 DEG. 20 MIN. EAST 100 FEET FROM THE NORTHEAST CORNER OF LOT 2, SECTION 1, INLET POINT, INC.; THENCE SOUTH 03 DEG. 40 MIN. WEST AND PARALLEL WITH THE EASTERN LINE OF SAID LOT 2, 155.0 FEET TO THE POINT OF BEGINNING, THE SAME BEING PART OF LOT 1 OF SECTION 1 OF INLET POINT, INC. AS THE SAME IS SHOWN ON MAP RECORDED IN MAP BOOK 19 AT PAGE 37 OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH A RIGHT OF WAY AND EASEMENT FOR PURPOSES OF INGRESS, EGRESS AND REGRESS TO, OVER AND THROUGH INLET POINT DRIVE, A PRIVATE ROAD WHICH LEADS FROM THE EASTERN RIGIHT OF WAY LINE OF CAROLINA BEACH ROAD (U. S. HIGHWAY 421) TO LOT 1, AS SHOWN ON A MAP OF INLET POINT, SECTION 1, RECORDED IN MAP BOOK 19 AT PAGE 37 OF THE NEW HANOVER COUNTY REGISTRY. RECEIVED JUL 0 1 2014 r n1cM 11 CITY RECEIVED DCM WILMINGTON, NC JUN 19 2014 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Ifhlhf ilHlHflNYlfff ifihfYhllhfilMhlhh1f 1111R1f 1ffflHYffiflfl1f1f1ARifhRf1R11111ff.Rlffffftfftff 1f 1R11111ffhif klfflf Filed For Registration: 02/06/2013 03:57:06 PM Book: RE 5709 Page: 2843-2848 Document No.: 2013004382 6 PGS $26.00 NC REAL ESTATE EXCISE TAX: $500.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT *2013004382* 2013004382 rJ1tECE1VED UL 01 2014 DC9"A!!''DC.r Y RECEIVED DCM WILMINGTON, NC JUN 1 S 2014 A (Page 1 oP 3) February 6, 2013 [Date] Note Carollna Beach [City] 242 Inlet Point Dr, Wilmington, NC 28409 [Property Addras.ij MIN{ 100159966166593490 NORTH CAROLINA (Stm191 1 Borrower's Promise to Pay In return for a loan that I have received, I promise to pay U S S 200 , 000 o0 (this amount is called "Principal"), plus interest, to the order of the Lender The Lender is Branch Banking and Trust Company I will make all payments under this Note in the form of cash, check or money order 1 understand that the Lender may transfer this Note The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder " 2 Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid 1 will pay interest at a yearly rate of 4 250% The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note 3 Payments (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payment on the 1st day of each month beginning on April 01, 2013 1 will make these payments every month until 1 have paid all of the principal and Interest and any other charges described below that I may owe under this Note Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal If, on March Ol , 2043 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is is called the "Maturity Date I will make my monthly payments at 223 West Nash Street, Wilson, NC 27893 or at a different place if required by the Note Holder (5) Amount of Monthly Payments My monthly payment will be in the amount of U S S 983 88 4 Borrower's Right to Prepay I have the right to make payments of Principal at any time before they are due A payment of Principal only is known as a I "Prepayment " When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note 1 may make a full Prepayment or Partial Prepayments without paying a Prepayment charge The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note However, the Note Holder may apply my Prepayment to , the seemed and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the . Note If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless tht�" r` Note Holder agrees in writing to those change 6618059349 MATMU,TEn%EDMTENOTE 66p14Fmily FFnnM MWPnSdu Mae MLFOW INSTWMEMT VMP e WMI4W Kl. r Nae WS.ry . JUL 0 1 ?014 1001033100 Fate 3200 110, VNPSN 1111311O {ll{rm I�3�6� P4p�1 al.t,i-,HnC!TI DCM WILMINGTON, NO JUN 1 8 2014 (Page 2 of 3) 5 Loan Charges If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limns, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limn, and (b) any sums already collected from me which exceeded permitted limits will be refunded to me The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me Ira refund reduces Principal, the reduction will be treated as a partial Prepayment 6 Borrower's Failure to Pay as Required (A) late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fl f teen calendar days after the date it is due, I will pay a late charge to the Note Holder The amount of the charge will be 4 000% of my overdue payment of principal and interest 1 will pay this late charge promptly but only once on each late payment A Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the over amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been pod the and all Interest that I owe on that amount That date most be at least 30 days after the date on which the notice is mailed to id or loll the by other means (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, m in Note Holder will still have the tight to do so if 1 adefault at a later time (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those expenses include, for example, reasonable attorneys' fees 7 Giving of Notices Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address Any notice that must be given to the Note Holder under this; Note will be given by delivering at or by marling it by first class Ina'] to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address 8 Obligations of Persons Under this Note If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note or also obligated to do these things Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note The Note Holder may enforce its rights under this Note against each person individually or against all of us together This means that any one of us may be required to oRECEIVM the amounts owed under this Note JUL 0 1 2014 MULTISTATEFI%OmTENOTe S"WFftq F I1WFNW*MCUN1i0a1AIN3TWMFNT VMP e Wokn, per. v F..cal 3."K. RECEIVED DCM WILMINGTON, NC JUN 18 2014 (Page 3 of 3) 9 waivers I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor "Presentment" means the right to regwre the Note Holder to demand payment of amounts due "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10 Untforrn Secured Note This Note is a uniform instrument with limited variations in some3unsdictions In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Dead (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible tosses which might result if I do not keep the promises which I make in this Note That Security Instrument describes how and under what conditions 1 maybe regwred to make immediate payment of full of all amounts 1 owe under this Note Soma of those conditions are described at follows If all or any part of the Property or any Interest in the Property is sold or transfefred (or if Borrower is nor a natural person and a beneficial interest in Borrower is sold or transferred) without Lender s prior written consent, Lender may regwre immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Apphcable Law If Lender cxcrciscs this option, Leader shall give Borrower notice of acceleration The noble shall prowde, a period of not less than 30 days from the date the notice is given inaccordance with Sec within which Borrower most pay all sums secured by this Security Instrument If Borrowerfails titi on ll pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this to Instrument without further notice or demand on Borrower WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED Willard - RBuffkin aft Y 1 ""���" (Seal) (Seal) Beverly Buffkin -Borrower _ -Borrower lSM4•Borrower O Refer to the attached Signature Addendum for additional parties and signatures !Sign Orgnraf OnW RTTHOVrRECOURSE PAY TO THE ORDER OF MULSgrm,namp'Ta NeTa uofwar fwmr MaWW. Mac UNlfaial INSTRUmm W.naarur. aa,"Ina L ANCBBANMOANDTRUSTCOMPANY, Py M f,,, JUL 01 2014 fULM M PALMSR, vP RECEIVED DCM WILMINGTON, NC JUN 1 8 V14 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Address of Property: o2��iZ �r �o; �� GJ: �r r..a %� JJ C 9YC1007 (Lot or Street #, Street or Road, City & County) Agent's Name#: �`/'l Mailing Address: 63/�/ GJi;SLi�s ui���y�� Agent's phone #: ' /O - ��ro 21"16 3 hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405.3845, DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived beg��p wish to wa' a the setback, you must initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. JUL 18 20'4 I do not wish to waive the 15' setback requirement. DCM-MHDC7TY (Property Owner Information) t_ ( (Q c e,.f� Si�gsratuKe Print or Type Mame 6 '4il�� Mailing Address /„), h,.. A ).r f3�/v 3 City/State/Z� Telephone Number �/ `/ Date / Property Ira c� I/ 1a �,h 5 Print or T pe Name 1, � 23 -')-1 M ' ing Address J'Ac i q1J-a `f-54a- q�q�3�1-`1�(5 Telephone Number Date Revised filt8i2bt1 � D "'%: vJILMINGTON, NC JUL 1 5 2014 -- - - •...•....n nLVGf 1 fxLVYGJ ICU DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: _� 1 / cz I- y ' ~ 1 ' Address of Property: of /oZ�.� r �,,,_, �,. („_j;��..,.,,rYoN Imo,[' ;;1�y0ci (Lot or Street #,Street or Road, City 8 County) ' Agent's Name #: r4 i MH !1 Ain Mailing Address: 631,1( 4L),, ,,?rs u i /� '4f Agent's phone #: "i /O - Y - SS/1✓ �T -, 3 . J.7. C ;l Rc/y 3 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing. with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objectlons to whatls being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext, Wilmington, NC, 28405.3845. DCM representatives can also be contacted at (910) 796.7215. No response is considered the same as no objection If you have been nofdied by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RBMW M _JL— I do wish to waive the 15' setback requirement. JUL 1 8 2r'4 I do not wish to waive the 15' setback requirement. (Property Owner Information) Si atu e Print or Type Mme 63/(-/ Mailing Address _J..), IM. , A ) -r Iva 3 Cily,Slate/Z; 49/0 -t 3 /— ?- /l q Telephone Number //>4 Dates Nei ,dOU u—m (Adjacent Property Owner Information) / r Signature /1 au � , Septsters 6%W IcLcilse-h Print or Type Name Mailing Address W► IotinQ �-o � . MCI City&tat go/ -A—;�D-7i11 Rol•230--7931 Telephone Number 6/ khI/ ZC Revised 611812012 RECEIVED DCM WILMINGTON, NC JUL 1 5 2014 ■ Complete items 1, 2, and 3. Also complete A. S 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. 1. ArticleD. Is Addressed to: It ,. Sv /'4 n t' S sN& 3. all li er 4ddres"s different from ice C7Y r S, ❑ITO DGM WILMINGTON, NG AEU-tNED JUL 1 5 2014� Tvrw QVi.`ertlfied Mall® ❑ Priority Mail Express'" ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ Collect on Delivery Mr" m rT 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number (1larisfer from service taboo 7013 2630 0000 5466 0375 _ Ps Form 3811, July 2013 ■ Complete ite;ns 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Pn y ur name and address on the reverse W-411 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. 1. Article Addressed to: j 0IeiS t?�' Cw tD o 9 jGM WILMINGTON, NC 5 2014 Addressee 91 power D. Is deliveryaddress diffarenYfrom item 17 rV As If YES, enter delivery address below: ❑ iAl� I 3. Se Type Certified Mail® ❑ Priority Mall Express- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (frensfer from service labeo 7013 2630 0000 5466 0368 I PS Form 3811, July 2013 Domestic Return Receipt MAJOR PERMIT FEE SCHEDULE MNA&"s / $400 / New Hanover Co. leafi�__/#�_ DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: S400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 !3�� RECEWED JUL 01 2014 7DCM-M14D CITY Check From 516/20141John D. & Pamela A. DeBell, Jr 5/6/2014 Catherine Kelly 5/7/2014 Grice Construction 5/8/20141F and S Marine Contractors Inc 5/9/2014 1 Annette Name of Permit Holder Blair Booth EimtIF]ii13 5/12/2014 MCClure Builders Dennis Johnson 5/13/2014 Antinori Construction, Inc Ray & Sandra Duff 5/13/2014 Antinori Construction, Inc Ray Speas 5/15/2014F and S Marine Contractors Inc Desherbinin 5/16/2014 NDS Inc. DS Painting & Home Iml Sasser 5/16/2014 New Hanover County General Acc New Hanover County 5/16/2014 Register Place Estates HOA 5/16/2014 Coastal Marine Piers & Bulkheads 5/16/2014 Coastal Marine Piers & Bulkheads Willard Buffler 0 n C M Z r— �m d C r c o a� o 0 Z 0 Check Number Check amount I Permit Number/Comments NOTES 175924 $100.00 Transfer76-97 7771 $100.00 Minor mod. 114-13 10649 $497.00 NOV # 14-04D _ 6909 $200.00 GP fee for 1211 canal Dr. SB 3732 $250.00 MP appl. 7401 Masonboro Sound Road 171 $200.00 610�83 _ $100.001Minor permit 45561, _ $600.00 GP 63220D _ 3470 _ $100.001Minor Permit NTB 2925 $200.00GP,63185D 2921 $400.00 GP 63184D 3756 $200.00 GP 63286D reissue of 63135D 7911 _ _ $100.00 Minor f6ei 4729 23rd Av_e., NTB 289078 _ _ $475.00IMajor permit fee, Kure Beach Storm Damage Redu< 1388 $200.00 1 GP 63287D 19547 $200.00 GP for 326 Waynick 19548 $400.00 GP for 242 Inlet Point Drive IF RUDER North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvada, III Secretary June 24, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in New Hanover County: • Paul Mounts • Willard Buffkin Kyle & Heather: Please publish the attached Notice in the Thursday, June 26, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit & Customer Suppo Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE RECEIVED Michele Walker- DCM rDrW-1MD L 01 2n14 N.C. Division of Coastal Management Crry 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910.395.3964 Internet: www.nocoastalmanagement.net An Equal Opportunity \ Alfirmefive Actlon Employer 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, in Wilmington, New Hanover County on June 18, 2014. According to said applications, Paul Mounts proposes to reconfigure an existing docking facility at 8924 Shipwatch Dr., adjacent to the Cape Fear River, and Willard Buffkin proposes to construct a bulkhead at 242 Inlet Point Dr., adjacent to Myrtle Grove Sound. A copy of the applications can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) 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 July 17, 2014 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. rJRECEIVED UL 0 1 20?4 DCM•MHD CITY