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HomeMy WebLinkAbout40-96 TX/Renewal 2007 S&R Properties I LLCPermit Class Pormit Number TRANSFER 40-96 3ND RENEWAL STATE OF NORTH CAROLINA MAINTENANCE 5 Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an`Area of Environmental Concern pursuant to NCGS 113A-118 A Excavation and/or filling pursuant. to NCGS 113-229 Issued to S &r R Properties LLC, 2334 South 415t St., Wilmington, NC 28403 Authorizing development in Brunswick County at AIWW, immediately east of Hwy..133 bridge as requested in the permittee's application dated 11/29/25. including attached the workplan drawings (5), dated Sheets 1-5 of 7 w/ sheet I dated revised 3/20/96 and sheets 2-5 dated rec. 1 1/30/95. This permit, issued on March 19, 2007 , 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. Excavation 1) The area proposed to be excavated in the permittee's application is hereby reduced to an area 360' x 60' which is depicted in the revised workplan drawing dated 3/20/96. 2) Finished water depth in the basin will slope from --5' MLW at the north end to -6.5' at the AIWW connection. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. (See attached sheets for Additional Conditions) This permit action may be appealed by the penuittee 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 mast cease when the permit expires on December 31, 2011 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v _ Char] . Jones, Director ision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee S & R Properties I, LLC ADDITIONAL CONDITIONS' Permit, 440 96 Page 2 of 3 4) All excavated materials will be confined above mean high water' and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. An insp(:ction of the spoil disposal area by a DCM representative is required prior to the initiation of dredging. 5) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 6) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximuin distance from spillways to allow settlement of suspended sediments. 7) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 8) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 9) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Marina Operation 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this t permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. S & R Pt operties I, LLC ADDITIONL CONDITIONS Permit 440-96 Page 3 of 3 12) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or sta(ionary, may become a permanent part of this marina facility without peuun modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13j The permittee will maintain the authorized work in good condition and in conformance with the terms. and conditions of this permit.. The permittee is not: relieved. of this requirement if he abandons the permitted activity without having it transferred to a third party. . 14) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. 15) This permit does not authorize the interference with any existing or proposed Pederal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) The permittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargeuient of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such strictures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the casement. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 951300), which was issued on 2/12/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199401914. Permit Class TRANSFER 3ND RENEWAL MAINTENANCE 5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission er t� for X Major Development in an Area of. Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 40-96 Issued to S & R Properties I, LLC, 2334 South 41st St., Wilmington, NC 28403 Authorizing development in Brunswick County at AIWW, immediately east of Hwy. 133 , as requested in the permittee's application dated 11/29/95, including attached . the workplan drawings (5), dated Sheets 1-5 of 7 w/ sheet I dated revised 3/20/96 and sheets 2-5 dated rec. l 1/30/95. This permit, issued on March 19, 2007 , 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 Uc nuuJcUL w IIuca, 1111pu6Uuuteui at ctvu acuun; or may cause the perm[ to De nuu ano vota. Excavation 1) The area proposed to be excavated in the permittee's application is hereby reduced to an area 360' x 60' which is depicted in the revised workplan drawing dated 3/20/96. 2) Finished water depth in the basin will slope from --5' MLW at the north end to -6.5' at the AIWW connection. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of th'e Division of Coastal Management, in consultation with the Division of Marine Fisheries. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiltee 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, 2011 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v _ Q, Charlal Jones, Director ision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit. the State of North Carolina a,rees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee of . .. & R Properties I, LLC ADDITIONAL CONDITIONt)' Permit 440-90' Pale 2 of 3 4) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a DCM reureseNative is required prior to the initiation of dredging. 5) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 6) The terminal end- of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 7) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 8) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 9) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Marina Operation 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 0 S & ? Pt operties I, LLC ADDITIONAL CONDITIONS Permit 440-56 Page 3 of 3 12) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a pernianent part of this marina facility without peuun ir,odification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms. and conditions of this permit.. The pertittee is not relieved_ of this requirement if he abandons the permitted activity without having it transferred to a third party. . 14) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. 15) This permit does not authorize the interference with any existing or proposed Pederal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertakers by the United States in the public interest. 16) The permittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 951300), which was issued on 2/12/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199401914. Permit Class Perrait Number TRANSFER 40-96 3ND RENE,WAI, STATE OF NORTH CAROLINA MAINTENANCE 5 Deparlment of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an'Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to S &c R Properties I, LLC, 2334 South 415t St., Wilmington, NC 28403 Authorizing development in Brunswick County at AIWW, immediately east of Hwy. 133 bridge as requested in the permittee's application dated 11/29/95, including attached the workplan drawings (5), dated Sheets 1-5 of 7 w/ sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 1 1/30/95 This permit, issued on March 19, 2007 , 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. Excavation 1) The area proposed to be excavated in the permittee's application is hereby reduced to an area 360' x 60' which is depicted in the revised workplan drawing dated 3/20/96. 2) Finished water depth in the basin will slope from --5' MLW at the north end to -6.5' at the AIWW connection. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. (See attached sheets for Additional Conditions) This permit action may be appealed by the perntiuce 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, 2011 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v _ ,Q CharlaY. Jones, Director "Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee S & R Properties I, LLC ADDITIONAL CONDITION`)' Permit #40-90 Pre 2 of 3 4) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining strictures to prevent spillover of solids into any match or surrounding waters. An insp ction of the spoil disposal area by a DCM representative is required prior to the initiation of dredging. 5) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 6) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. %) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 8) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 9) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site mast be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Marina Operation 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. S & i.? Pr operties I, LLC ADDITIONAL CONDITIONS Permit 440-36 Page 3 of 3 12) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floe ing or stationary, may become a permanent part of this marina facility wid,out peanut ,modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13j The permittee will maintain the authorized work in good condition and in conformance with the terms. and conditions of this permit.. The permittee is not:relieved. of this requirement if he abandons the permitted activity without having it transferred to a third party. . 14) The permittee mast install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. 15) This permit does not authorize the interference with any existing or proposed federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) The permittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the casement. Permanent buildings will not be constructed within the casement. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC28405. General NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3025 (DWQ Project No. 951300), which was issued on 2/12/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. . 199401914. A6'M NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 20, 2007 S&R Properties I, LLC 2334 South 41" Street Wilmington, N.C. 28403 Dear Sir: 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. Please sign both the original (buff - colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 1 13-229. 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 require 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 is 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 SAerely, d(1t._Q_ V, H.r� Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT TO: ® .---1 NwrN CAROLINA DE ' ENVIRONMENT AND NXU S vc Xy,, o OFFICE: TELEPHONE: ( 1 FAX: (q(0) rj5 - 0060 FROM: a l eal�' Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421. Voice: (252) 808-2808 FAX (252) 247-3330 Re: �i P� o� f efl� l� go DATE SENT: TOTAL PAGES INCLUDING COVER SHEET: l r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor MEMORANDUM TO: Doug Huggett Permits Section Charles S. Jones, Director Willian FROM: Heather Coats OWL/- DCM, Field Representative, Wilmington W THRU: Jim Gregson ,� I /g v/U� DCM, District Manager, Wilmington DATE: January 22, 2007 SUBJECT: Request for Renewal and Transfer of State Permit No. 40-96 George Saunders Brunswick County Mr. Steve Morrison, acting as authorized agent for George Saunders, is requesting permit renewal for retaining the maintenance -dredging clause and a name change for State Permit No. 40-96. State Permit No. 40-96 was originally issued to Sandy Tyner on March 27, 1996 for bulkhead and pier replacement, dock construction and boat basin excavation. It was renewed on January 11, 2000 and renewed again for maintenance dredging with a name change to George Saunders on June 3, 2002. The permit expired on December 31, 2006. This office received the renewal and name change request on December 29, 2006. Mr. Morrison has submitted a letter from Mr. George Saunders authorizing the transfer of the permit to the current property owner and a copy of the current deed for the property. This Office has no objection to the renewal of Permit No. 40-96. The applicant has included check no. 9010010123 in the total amount of $200.00 for the renewal and name change. cc: WiRO-LAMA 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper LMG LAND MANAGEMENT GROUP INC. Environmental Consultants 12/26/06 Doug Huggett Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 RECEIVED DCM WILMINGTON, NC DEC 2 9 2006 Re: Renewal and transfer of CAMA Permit Number 40-96, S&R Properties I, LLC Dear Doug, On behalf of S&R Properties I, LLC, I am requesting the renewal of CAMA Permit Number 40-96 as well as the transfer of the permit to the current property owner, S&R Properties I, LLC. I have enclosed the $200 transfer and renewal fee check, written permission for the permit transfer from the former owner, a copy of the current CAMA Permit Number 40-96 and a copy of the current property deed. Please contact me with any questions that you may have regarding this request. Thank you for your assistance. Sincerely, Steve Mom*: Environmental Consultant Encl: $200 fee check, permit transfer permission, permit copy, property deed Cc: Debbie Wilson Robert McNeill www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 S & R Properties I, LLC 2334 South 41s` Street Wilmington, NC 28403 RECEIVED DCM WILMINGTON. NC DEC 2 9 2006 [Heir(s), Trust or other successor(s) of George E. Saunders], do hereby give my permission for the transfer of CAMA Permit number 40-96 to the current owner of the property. Robert McNeill Management/Development (910)-815-3122 (910)815-3114 fax - -- -- rtadr..w-c;++•ow,•.:*-+tw,sLue.w.,aK.eneimYn.t:wr�.*V.�•rN/r«.` 1vY..-= _ ro.rM•ww...t..¢��<+aooea..w...••,_.,.�...xs-•.-�•.•.••...-..- p Class Permit Numbe: a TRti,NS�R - 40-9(5 �+1+1D RENEWAL STATE Epp NORTH CAROL�i RECEIVED .AAINTENANCE andnd Department of Ettvimninand Natural Resources DCM WILMINGTON, NC Coastal ResourcesConunission DEC 2 9 2006 rtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-119 X pxcavation and/or filling pursuant to NCGS 113-229 issued to Geor e E. Sattndets FO-Box 1035, WrightsviIle Beach., N 1114111-111.1 Authoriainn development in Brunswick County at AIWW, immediately east of Hwy. 133 n,w a V , as requested in the petxrtittee's application dated 11/2- 5. inclil&g artaeba the wor tan drawin s (5 ,dated Sheets 1-5 of 7 w/ sheet 1 bated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95. ibis permit, issued on _ Tune 3 2p02 is subject to compliance with the applicatitoi (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to flues. imprisonment or civil action; or may cause the perrnit to be null and void. Excavation 1) The area proposed to be excavated in the permittee's application is hereby reduced to an area. 360' x 60' which is depicted in the revised workplan drawing dated 3/20/96. 2) Finished water depth in the basin will slope fzom —5' MLW at the north end to -6>5' at the A.1WW connection. 3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted be Ap U 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Maxine Fisheries. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittcc or other qualified persons within twenty (20) days of the issuing date. An appeal requites resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Departrnrnt personnel whoa the project is inspected for compliance. Any maintenance work or project modification not cowrod hereunder requires fartherDivision approval. Alt work must cease when the permit expires on December 31, 2006 In j&ming this permit, the State of North Carolina agrees that your project is consistout with the North Carolina Coastal Mannoment Program. Signed by the authority of the Secretary of DIM and the Chairman of the Ccasta112esource& Commission. — - Zonna D. Moffitt, Director Division of Coastal Management Thin permit and its couditims; are hereby accepted. Sipatum of Permittee Y15-d tOO'd sEZ-1 9590l5YO16+ A11VU 3AIIYU3-01d WnOV:trO ROOZ-OZ-000 Mo+..+....n+eavurra.a+aq.f..Kwc�c-.:.wvvrt+•.e....w.nsesw`.CIaM..-: n w..'.va.•a�e.a.�.aa.�w.�wy.�ye,.,nsae� —••• �+rewaM.n.a6..�.wr�.f.w R4George L: Saunders DCM NC AAAZTIbNAL CONDI'ITONS DEC 2.9 2006 4) All excavated materials will be confined above mean high water and Iandward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a DCM representative is required prior to the initiation of dredging. The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean Iovi water level to prevent gully erosion and unnecessary siltation. 6) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 7) A water ctint'roI'structiare will be mstaBod at the intake end of the effluent pipe to assure compliance with water quality standards. 81% The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 9) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTLI's or less in all saltwater classes axe not considered significant Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with emss-hatching indicating the area to be maintained, the area to be used -for spoil disposal, and the estimated amount of material to be removed. The location; design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Marina Operation I I) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the =Willa facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittm is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. V19-d BOO/Z00'd 89Z-1 998019VO18+ 411YU RIIV380-01i WBOV;VO 900Z-8Z-260 L) Qorge E.- Saunders ttrA f1 ' i N(-_ • Page 3 Vf 3 ., r r ADDITIONAL CONDITIONS 12) 'This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit in. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit- The petmittee is not relieved of this requirement if he abandons the peranitted activity without having it transferred to a third Party. 14) The permittee must install and maaintain at his expense any sipal lights or signals prescribed by the U.S. Coast Guard. through regulation or otherwise, on the authorized facilities. 15) This permit does not authorize the •interference with any existing or proposed. Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be. caused from existing or future operations undertaken by the United States in the public interest. 16) The pemmittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the, operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (A,IWW). Accordingly, the permittce will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Anny Corps of r✓ng,ineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the emement. Permanent buildings will not be constructed within the easement. Sedimentation and Endo Q9ntrot MOTE_: An Erosion and Sedimentation Control Plan will be required for this project This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Deparhnent of Environment arch Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. u General NOTE_e The N.C. Division of Water Quality has authorized the proposed project under General Water Quality C=ificalaon No. 3025 (AWQ Project No. 951300), which was issued on 2112M. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199401914. V15-d 800/£00'd BEN 8980186018+ 41IY38 3AI1V389-soli WEWPO 900i-82-080 Renewal and transfer of CAMA Permit Number 40-96, S&R Properties 1, LLCI 1, Robert McNeill do hereby certify that as of this date: S&R Properties 1, LLC will use CAMA Permit Number 40-96 for the purposes for which it was issued and; There have been no substantial changes in conditions, circumstances, or facts affecting the project and; There have been no substantial: changes or modifications of the prq4 eaas proposed in the original application. Signature Bate' Inst # 258032 Book 2115Page: 1125 EX 11BIT "A" BEGINNING at an iron pipe in the eastern right of way of the Old Long Beach Road (SR 1210), said pipe being located in the following manner; leaving a concrete nail in the intersection of the centerline of NC 133 (Long Beach Road) and SR 1210, thence along the centerline of SR 1210 South 74 degrees 34 minutes and 37 seconds East 119.98 feet to a P. K. nail, thence South 06 degrees 25 minutes and 43 seconds West 1,524.21 feet to a P. K. nail, thence South 83 degrees 31 minutes and 17 seconds East 28.83 feet to said beginning point, Thence from said beginning point South 83 degrees 31 minutes and 17 seconds East 325.05 feet to an iron rod being the most southeastern comer of a service road of the Bridge Point Subdivision, thence along the eastern right of way of a 25.0 foot service road North 06 degrees 30 minutes and 34 seconds East 884.96 feet to an iron rod being the most southwest comer of Lot 71 of the aforesaid subdivision and along the most southern line of the same South 83 degrees 25 minutes and 17 seconds East 476.09 feet to an iron rod in the Sandy Tyner and Point Associates line, thence along said line South 06 degrees 40 minutes and 17 seconds West 1,033.92 feet to an iron pipe in a large canal ditch also being the northeast corner of a tract of land owned by the town of Long Beach (Book 190, Page 623), thence South 86 degrees 49 minutes and 11 seconds West 428.13 feet to an iron pipe, thence South 05 degrees 06 minutes and 08 seconds West 378.29 feet to an iron pipe, thence South 87 degrees 41 minutes and 34 seconds East 412.63 feet to a concrete monument on the bank of the Elizabeth River, thence South 09 degrees 48 minutes and 26 seconds West 406.53 feet to a P. K. nail in the rip -rap rock in the edge of the A. I. W.W., thence North 84 degrees 15 minutes and 05 seconds West 408.29 feet to an iron pipe, thence North 73 degrees 26 minutes and 04 seconds West 158.92 feet to an iron pipe in the Cheryll Coleman line, thence along said line North 06 degrees 31 minutes and 56 seconds East 145.21 feet to the northeast comer of the Coleman tract, thence along said line North 83 degrees 13 minutes and 04 seconds West 210.09 feet to an iron pipe in the eastern right of way of SR 1210, thence along said right of way North 06 degrees 07 minutes and 20 seconds East 366.13 feet to an iron pipe, thence North 06 degrees 42 minutes and 57 seconds East 440.26 feet to the point of BEGINNING. Said tract contains 22.76 acres as surveyed by Alvie E. Lewis PLS 1-1384 in June 1997 and August 1980. Bearings are referenced to map cabinet "T" Page 182. Even though tax parcels 23600006 and 236EA128 are combined in this legal description, they are to remain 2 separate parcels for tax purposes. RECEIVED DCM WILMINGTON, NC DEC 2 9 2006 Inst Y 258032 Book 2115Page: 1124 And the GRANTOR, for himself, his ,heirs, executors and administrators, do covenant to and with the said GRANTEE, its successors and assigns, that he is seized in fee of the above granted and described property; that he has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that he will and his heirs, executors, administrators and successors shall warrant and defend the title to the same against the lawful claims and demands of any and persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTOR has hereunto set its hands and seals as of the day and year first above written. THE G RGE E LIlpY T SA NDERS,R. F ILY TR.T; �HOW4 By: LZ4,6 AR�y George E. Saunders, III, Trustee r l i STATE OF NORTH CAROLINA V 1.yA�41JB�\ COUNTY OF NAW=?"d1eV'RR'�Per-16C4- ..co I, I �C �i . j Q(XyiP it a Notary Public in and for the State and County aforesaid, do hereby certify that George E. Saunders, III, Trustee of the George Elliot Saunders, Jr. Family Trust u/d/t dated December 21, 1998, personally appeared before me this day and acknowledged the execution of the foregoing instrument as trustee on behalf of said George Elliot Saunders, Jr. Family Trust. . witness my hand and official seal this day of March, 2005. Fie eA10 4 No ary Public My C iss_�iRRn Expires: :ATE OF NORTH CAROLINA )LINTY OF BRUNSWICK HOLLY C HOWELL e Foregoineor annexed) Certificate(s) of itary(ies) Public is (are) Certified to be Correct. 2005 is Instrument was filed for Registration on this 31 st Day of the Book and page shown on the First Page hereof. RO E T J. RO INSON, RFi0Vtp DCM WILMINGTON, NC DEC 292006 04/01/2005 -$8,040.00 75 "1I ',iN R041 Fatale Exelse Tax �t + Z> ,� •9o&c- ?ET TOTAL REV �Q TC#t 4- ( G.U8 A> REC#, CK AMT fj(LI7.Y CK 01 SASH ��• RFC ^'�' B Brunswick County --Register of Deeds Robert J. Robinson Inst #258032 Book 2115Page 1123 03/31/2005 03:29:43pm Rec#C aA'1- , ?� -) 36 E, A- l 26 ®�I Zoe 13 a- o� PREPARED BY: Without examinat on or2certification Gof Ntitle28401 STATE OF NORTH CAROLINA PARCEL #:23600006 & 236EA128 BRUNSWICK COUNTY EXCISE TAX: $ ,?,Of0.00 y.N ry S • Aoayrer+ce- WARRANTY DEED rh THIS DEED, made this ic day of March, 2005 by and between GEORGE E. SAUNDERS, III, TRUSTEE OF.THE GEORGE ELLIOT SAUNDERS, JR. FAMILY TRUST U/D/T DATED DECEMBER 21, 1998, whether one or more, called GRANTOR and S & R PROPERTIES I, LLC, a North Carolina limited liability compnay, wether one or more, called GRANTEE, with IV Sire"'r A);/^: a mailing address of �o,. N c .2 834' 03 WITNESSETH THAT: The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to him in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in Brunswick County, North Carolina, described on the attached Exhibit "A" incorporated by this reference. SUBJECT TO 2005 ad valorem real property taxes; Applicable restrictions and easements of record; All local, county, state and federal laws. and regulations relative to zoning, occupancy, subdivision, usage, construction and development of the described property. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, rtenances thereunto belonging, or in easements, tenements and appu anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple forever. RECEIVED DCM WILMINGTON. NC DEC 2 9 2006 a