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Home My WebLink About61-96 Kenan, TomPermit Class Permit Number NEW 61-96 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission ;P�I1 it fo Xr.. - . _. _ Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 -:4w X Excavation and/or filling pursuant to NCGS 113-229 Issued to Tom Kenan, P. O Box 2729 Chapel Hill NC 27515 authorizing development in New Hanover County at Rich Inlet, Lots 61-62, Beach Rd., N., FIgure 8 Island as requested in the permittee's application dated 11/8/95 including attached workplan drawings, 4, dated received 12/18/95. This permit, issued on APRIL 29- 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the first line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer prior to construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought iti from an outside' source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (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 Departmental approval. All work must cease when the permit expires on December 31. 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Tom Kenan Permit #61-96 Page 2 of 2 ADDITIIONAL CONDITIONS 4) Sand used to strenthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. 5) The walkway must be elevated so as not to disturb the substrate and vegetation in the area. NOTE: The U. S. Army Corps of Engineers approved the wetland fill on the property under Nationwide Permit No. 18 dated January 19, '1996. Permit Class NEW Permit Number 61-96 STATE OF.NORT11tUARUL11vA Department of Environment,'. Health-& Natural Resources CoastalResonrces Commission X Major Development,„m an'' of Envtro imental Concern pursuant to NCGS 113A=P18: Excavation and/or filling pti"fsuant to NCGS 113-229 Issued to Tom Kenan P. O Box 2729 Chapel Hill NC 27515 authorizing development in New Hanover County at Rich Inlet, Lots 61-62, Beach Rd., N., Figure 8 Island as requested in the permittee's application dated 11/8/95 workplan drawings, 4, dated received 12/18/95. including attached This permit, issued on APRIL 29, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the first line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer prior to construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (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 Departmental approval. All work must cease when the permit expires on December 31 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Tom Kenan Permit #61-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) Sand used to strenthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. 5) The walkway must be elevated so as not to disturb the substrate and vegetation in the area. NOTE: The U. S. Army Corps of Engineers approved the wetland fill on the property under Nationwide Permit No. 18 dated January 19, 1996. Permit Class Permit Number NEW STATE Department of Env 6 X M ajor Develop# pursuant to NCC X Excavation and/or Natural Resources Concern VUAM}Ct puisuaiit to' NCGS 113-229 61-96 Issued to Tom Kenan, P. n Box 2729 Chanel Hill NC 27515 authorizing development in New Hanover County at Rich Inlet, Lots 61-62, Beach Rd., N., Figure 8 Island , as requested in the permittee's application dated 11/8/95 including attached workplan drawings, 4, dated received 12/18/95. This permit, issued on APRIL 29, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the fast line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer prior to construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (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 Departmental approval. All work must cease when the permit expires on December 31. 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Tom Benan Permit #61-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) Sand used to strenthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. 5) The walkway must be elevated so as not to disturb the substrate and vegetation in the area. NOTE: The U. S. Army Corps of Engineers approved the wetland fill on the property under Nationwide Permit No. 18 dated January 19, 1996. Permit Class NEW STATE Department of Env X w.;r, _ Major Developmei pursuant to NCGS X Excavation and/or & Natural Resources Concern r pursuant to NCGS 113-229 Permit Number 61-96 Issued to Tom Kenan P. O Box 2729 Chapel Hill NC 27515 authorizing development in New Hanover County at Rich wet, Lots 61-62, Beach Rd., N., Figure 8 Island as requested in the permittee's application dated 11/8/95 including attached workplan drawings, 4, dated received 12/18/95. This permit, issued on APRIL 29, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the first line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer prior to construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (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 Departmental approval. All work must cease when the permit expires on December 31, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Permit Class Permit Number NEW STATE OF-NORTH-CAROLINA Department of Enviionthe8c nt,'Hdalth Natural Resources ;� ,' 11 * and''s`' �L;'a, Coastarkesources Commission n Major Developmetit ih an Area. Environmental Concern pursuant to NCGS 113A=Y18 X `F Excavation and/or filling pursuant to NCGS 113-229 61-96 Issued to Tom Kenan, P. O Box 2729 Chapel Hill NC 27515 authorizing development in New Hanover County at Rich Inlet, Lots 61-62, Beach Rd., N., Figure 8 Island as requested in the permittee's application dated 11/8/95 including attached workplan drawings, 4, dated received 12/18/95. This permit, issued on APRIL 29, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the first line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer prior to construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (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 Departmental approval. All work must cease when the permit expires on December 31._1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Q�La .� Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Form DCM-MP-I APPLICATION 1. APPLICANT a. Landowner: Name oAA ke n1 AW (To. be completed by all applicants) b. City, town, co�mC��,,munity or landmarkak c. Street address or secondary road number d. Is proposed work within city limits or planning jurisdiction? Yes x No Address P O Ho tC Z72 9 e. Name of body of water nearest project (e.g. river, City C[I Rne I II State jN C creek, sound, bay) IV Zip 275-/S Day Phone q19 - 967- 3&0 (v DESCRIPTION AND PLANNED USE Fax J J��\�1 1)OF PROPOSED PROJECT b. Authorized Agent: NOV 17 1995 Name Ce1y7V ru 46 Qese.j DIVISION OF a. List all development activities you propose (e.g. '1.S.TAL MANAGEMEN$uilding a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P O BeA XO67 3u i)d;4 A tie tyoor/ ly.9A -{a SAdre, City 1 iW ; xla-L6.J State l(— Zip 2 S4o 2 Day Phone 9/o-763-o/-1/ Fax 74 3- 4191, c. Project name (if any) NOTE, perndt will be issued in name of"downer(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County New #Anrave/ b. Is the proposed activity maintenance of an existing project, new work, or both? _ _ ve,3 C. Will the project be for public, private or commercial use? _gyp r i V A�' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. All TIOMC�. CONStruc /•d �i% 7� TAP no��d n3lx Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract * 'A;n . f. 2 Acres b. Size of individual lot(s) 0 .6 Au,l 1J.6 c. Approximate elevation of tract above MHW or NWL G' Ai,v, nn 9 �V d. Soil type(s) and texture(s) of tract e. Vegetation on tract YZ e V C ! 1 in. Describe existing wastewater treatment facilities. A� n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) N O J' SJ/Na &S �(�Jo. Describe existing drinking water supply source. �:/ '�" r�L)yte ii is /,C .v CI NATr Ili 7 1995 f. Man-made features now on tract ue�v1/dNA DIVISION QL ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land we plan.) Conservation Transitional beveloped Community Rural Other h. How is the tract zoned by local government? Res ;de,, -.,g ( i. j- k. Is the proposed project consistent with the applicable zoning? ✓ Yes No (.lttach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes ✓ No If yes, by whom? Is the project located in a National Registered Historic District or does it involve . a National Register listed or eligible property?. Yes ✓ No Are there wetlands on the site? ✓ Yes No Coastal (marsh) � Other 4b4 ¢ If yes, has a delineation been conducted?e (Attach documentation, if available) In addition to the completed application form, the following items must be submitted: ' ' • A copy of the *deed (with state application only) or other instrument under which the applicant claims title to the affected properties.. If the .applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the.owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Q.de A Alfa Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Ul << Ann i. f'tru�ell Address tFrlti.*n Cyllefe- Elf'nh z'« 6ZO29 Phone Name j,4 . r h A eJ Address 2-1g Al- York A e . Mf. A:ru AIC 47034 Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 0fido.t rv31:vJ d USA-CUe �u/ _lye f InNd r • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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. 'Ile project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 6 day of A, 19 9S . Print Name D)o,-m/d R. R dl e •- �n Signature Lo," P • X" L4ndowner or Authorized Agent Please indicate attachments pertaining to your proposed project. V/DCM MP-2 Excavation and Fill Information ✓DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space,provided at the bottom oench form. NOV 171995 r DIVISION OF COASTAL MANAGEMENT Form DCM-MP-2 EXCAVATION, L 1 C 18 1995 AND FIIn DIVISION OF (Except bridges and culverts) COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. b. Type of material to be excavated A4qq Average Ftdal Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater - > Other (Excluding shoreline stabilization) c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future _ No Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill S c�,Sn.c / Tnld b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION sh), SAVs or other wetlands? Yes No IYes, a. Type of shoreline stabilization I) Dimensions of fill area Bulkhead Riprap DEC 18 1995 Ig!57 A-z Ac (2) Purpose of ill oe u r'o''•= �• DIVISION OF „ / t;F1a iio�d +•. N•iM,•�` b. Length � ' "ANAGEMENT ' ZJA.�' n� 'v' (Na Sets/%c \V AYIeS1 c. Average distance waterward of MHW or NWL ra/r^ �/' �' sir ve,! wo i%A.rd6a—., '- r d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? V Yes No 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? lI b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr,ssed in transporting equipment to project site? —Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name � d oenna.2Q Q. Signature Date Revised ON95 Form DCM-MP-3 UPLAND o ITICITT7171 D DEVELOPMENT DEC 071995 Div15iUN OFF (Construction and/or land disturbing activities) COASTAL MANAGEMENT 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. a. Type and number of buildings, facilities, units or structures proposed ONr? AAd h-Aoa Accers MA/k✓�N b. Number of lots or parcels y 2 /eir jj:�ti A/ue- a JM . AI Ck-A;6i c. Density (give the number of residential units and the units per acre) 1 u ��/ 'Jci� d. Size of area to be graded, filled or disturbed including roads, ditches, etc. hii eye ad -L5&. j:L in.�c /-Gd,4ry roA m - 2S' e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes /J 4 No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. nA 0a/ CAwNP rdy /;JPuiA..r g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. It. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes $J A No If yes, date submitted i. Describe pyroposed method of sewage disposal. 0 Si -le Senf--e- 4dAd�c Apo/111.r/ FI focal f;f.q/A de, OA/ MIA,7 j. Have the facilities described in Item i. above received state or local approval? f}jn�T (Attach approprixe documentation) N; fT,� k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). ti0 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) _ F'w Jee R ISIANof IY47CQ m. Will water be impounded? _ Yes ✓ No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? 2 AT . '?w RJA-r 4, /dM KPNBnr _ Applicant or Project Name &,iwj h . &A Signature //-7-95 Revised 03/95 O 93101171T DEC 18 1995 N�sc DIVISION OF COASTAL MANAG MT�yyse E 11 TIDAL WETLAND/OPEN WATER TIDAL WETLAND/OPEN WATER f I4 i Orwnav swan ax nmuulr iwz aincer 1 c�c�.cfn�:anay t ! � T ME OF STABLE VEOETATON j' U it FRS NE OF STABLE W91TAT1014 / MEAN HICH WA NE 'i LOT 82 C i i Leae d FKSNFD ELEV. 9.3 1 OISPOSN- FELD DISTURBED AREA FILL Wetlands U Uplands —W— WATER LINE MHW MEAN HIGH WATER VEG VEGETATION i �TEWNE OF PAVE LOT 63 Michael King 9.3 PLAN LOT 61 & 62 BEACH ROAD NORTH 1 "=40' CENTURY/von Oesen aaNaa. ENw. ° PurnEBs Iw00 �"ryq�iu�r' rl�wq�rur 1 OF 3 9 8 7 6 5 4 9 8 7 6 5 4 9 8 7 6 5 4 (SEPTIC TANK DISPOSAL) w FILL LINE SECTION "A" SECTION "C" EXISTING GRADE 2 DEC 18 1995 "'03,17TI, ISION OF MANAGEMENT 6! 1 SCALE: I" = 40' HORIZ. CENTURY/von Oesen 1" = 4' VERT. TM�Wn �.�.�.� ") w .. 3 OF 3 N T372� E / TAT 33� TIDAL WETLAND/OPEN WATER gi g2�A Flo / A TIDAL WETLAND/OPEN WATER U , i .fit 1 0 wit v ® F2 U °' e c q U ARU -� 2a sE sP W .ass. U a 60 10, M YTW LOT 2Sa Sr. U 0 10 20 40 80 190 SCALE: 1"=40' MAY 17, 1994 C]E1y�TLT]!t](/zon Oesen CONSULTING ENGINEERS k PLANNERS 80e NOR1H nr$11 Mllf1Gr01y flc 2ea10 rmollc: (wv) rea-m41at rue (vTv) n}nee U U LOT 62 $ " DIVISION OF 8 COASTAL MANAGEMENT B 2 U ®�n W 9 U '(® 9 A16:A t�eW LOT A CIDe2v.v ss. U N Al, \M11M LaT ol ez A ® U xr. AAA W W ps Tom- UT.1 u. LOT 63 UH Ac ,T gMEA NIIM ST. X/` ltt2 SF. ROAD NORTH E 0 MAP OF WETLANDS DELINEATION LOTS 61 & 62 BEACH ROAD NORTH FIGURE EIGHT ISLAND, N.C. FOR OWEN KENAN W TSB DEC 81995 'S DIVISI N OF COASTAL kNAGEMENT N75115a e TIDAL WETLAND/OPEN WATER MEAN NICII WATER LINE In 6 1 611L TIDAL WETLAND/ OPEN WATER � u a RST LINE OF STABLE VEGETATION u u W FIRST LINE OF STABLE VEGETATION -LOT 63 AND MEAN HIGH WATER LINE LOT 62 Michael King u Vr d t/W `Ot 61 1 m � m N1 BQ, N J- D0 N •� U FOOL TYPICAL n ,\ i B.B. r pW 60 ep ! BWELL Mi g l u LEGEND: i .T u WETLANDS TO BE FILLED `.e`o� W —W— WATER LINE OAD NORTH MHW MEAN HIGH WATER ae'� VEG STABLE VEGETATION PLAN LOT 61 & 62 BEACH ROAD NORTH T._w. EDGE : PAYE CENTURY/won Oeaen OONSULTINO BVQIEERS ! PLAxans ...a," Please Use this card to schedule a pr6-construction conference Immediately BEFORE you begin work on your permitted project. The pre -construction meeting will give you the opportunity to discuss permit conditions, construction techniques and any questions you have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out this card and mail It to the Division of Coastal Management at the address on the reverse side. Thapkjoa.---._ Permit number. \(� j Expiration date: Issued to: t o Contact person: t )0AJ\6 1_31A�'k`3 County: t3e4,) ' V 04 a,-ev Telephone number: j) 0' z5& -0t o 3 Project starting date: 3 )Zl9 8 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director January 6, 1998 Mr. David James. David James and Co. 1812 Elease Lane Wilmington, North Carolina 28403 RE: Permit Number O.JJ6 Tom Kenan / Lots 61-62, Beach Road North Figure Eight Island New Hanover County Dear Mr. James: �t4 NCIENRNA ENVIRONMENT AND NATURAL RESOURCES 0 4 co ,C'Fj�,F 9sT91 9 19 �iq�,gC��98 Per our phone conversation today, my November 24, 1997 to Mr. Donald Butler indicated that the first line of stable natural vegetation survey as established by Division of Coastal Management staff on November 4, 1997 would be valid for 60 days. Since construction was not initiated within the 60 day period, at your request I have conducted a site visittoday and have determined that the first line of stable natural vegetation established on November 4, 1997 is still valid and will remain so for an additional 60 days unless there is a major shoreline change during that time period. If construction has not begun by March 6, 1998 please call this office so that an additional site visit can be scheduled to reestablish the line. If you have any questions concerning this matter, do not hesitate to contact this office. Sincerely, I A Pregson Fi Represrtabve cc: Charles Jones John Parker Rick Civelli, New Hanover County Donald Butler, P.E., Century von Oesen Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10°/ post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director October 23, 1997 Mr. Donald R. Butler, P.E. Century von Oesen 805 N. Third Street P.O. Drawer 2087 Wilmington, North Carolina 28402 RE: Permit Number 61-96 Tom Kenan / Lots 61-62, Beach Road North Figure Eight Island New Hanover County Dear Mr. Butler: ! ® f C)E-E ■ l RECEIVED OCT 2 4 1997 COASTAL MANAGEMENT This Office has reviewed your October 7, 1997 site plan for the referenced lots to determine the current applicability of your platted setback from the first line of stable vegetation. As you are aware, condition 2 of Permit Number 61-96 requires that setback measurements be made prior to construction and that these setback measurements will be valid for 60 days unless there is a major shoreline change. Preliminary measurements made on October 23, 1997 indicate that the 60' setback from the first line of stable vegetation, as shown on the October 7, 1997 site plan, does not accurately represent current site conditions. It is recommended that you schedule a meeting on site with DCM staff so that a current vegetation line can be established. Sincerely, JI Gregsrnntabve Fi d Repr cc: Charles Jones 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director November 24, 1997 Mr. Donald R. Butler, P.E. Century von Oesen 805 N. Third Street P.O. Drawer 2087 Wilmington, North Carolina 28402 RE: Permit Number 61-96 Tom Kenan / Lots 61-62, Beach Road North Figure Eight Island New Hanover County Dear Mr. Butler: fflV4U1;;1WFA '/� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES RECEIVED NOV 2 5 1997 COASTAL MANAGEMENT This Office has reviewed your November 18, 1997 site plan for the referenced lots. The site plan adequately depicts the 60' setback from the first line of stable natural vegetation as established by Division of Coastal Management staff on November 4, 1997. Please be advised that construction must begin on or before January 4, 1998 or the setback measurement will be void and the first line of stable natural vegetation will have to be reestablished. If you have any questions concerning this matter, do not hesitate to contact this office. Sincerely, Yv GregsB n Field Representative cc: Charles Jones John Parker Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 7, 1996 Mr. Conrad H. Lowman 8537 Bald Eagle Lane Wilmington, NC 28405 Dear Mr. Lowman: �A: �� EDEHNFR This will respond to your letter of March 26 to the Director concerning a CAMA application request by Mr. Tom Kenan. I have delayed responding in order to be able to inform you of a final action. After careful staff review, it has been determined that Mr. Kenan's request could be approved. It is our finding that this permit issuance would not be inconsistent with the intent of the N.C. Coastal Management Program and the Rules of the Coastal Resources Commission. We appreciate your interest in this matter and also the photographs which you provided. Very sincerely, J . Parker, J Major Permits Processing Coordinator JRP:jr/aw cc: Terry Barrett DCM--Wilmington Enclosure P.O. Box 27687, 7W � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 3, 1996 Mr. Tom Kenan P. O. Box 2729 Chapel Hill, NC 27515 Dear Sir:: [DEHNFR 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 I I3A-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, P.O. Drawer 11666, Raleigh, NC 27611, (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 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. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, y� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Ni"CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Y: CONRAD H. LOWMAN 8537 BALD EAGLE LANE WILMINGTON, NC 28405 910-686-1410 March 26, 1996 ~ Roger Schecter MPRCp 6��1ENt Division of Coastal Management 6r rA�NP PO Box 27687 Raleigh, NC 27611-7687 Dear Mr. Schecter: I am writing to you in regard to public comment on the proposal submitted by Mr. Tom Kenan for building a home with a pool on lots 61-62 Beach Road North, Figure 8 Island. This property is located adjacent to Rich Inlet and is in the Inlet Hazard Area. Tidal inlets are the most dynamic of all coastal environments. They are subjected to episodic changes in channel location, orientation, size, configuration and sediment transport dynamics. I hope that CAMA will have the sensibility to deny this project. Please refer to rule 7H. 0310-1 which refers to the setbacks beyond the 1st line of stable vegetation. I am enclosing 2 aerial photographs which show the location of the area in question. The photographs were taken in 1993 and 1996. The north end of Figure 8 on the eastern side has filled in over the past 5-6 years. But on the west side of the island the rate of erosion has increased. This particular lot has a row of trees and bushes growing on the extreme west side. These plants had grown to be 10 -15 feet tall but have now either died or have fallen in to the water. This line of vegetation is not stable. It seems that Rich Inlet after moving to the north quite drasti- cally over the past three years is now starting to move south once again. How far will it go? I hope that in the best interest to all the citizens and taxpay- ers of North Carolina, you will deny this request. Shell Island Resort is a perfect example of what can happen in an Inlet Hazard Area. Please don't let the north end of Figure 8 Island repeat the same lesson. Sinc rely, Z7- L- Conrad H. Lowman F^6A-65 SeN-* '-o Ro9erz Sctec+eG CONRAD H. LOWMAN 8537 BALD EAGLE LANE WILMINGTON, NC 28405 910-686-1410 March 26, 1996 Roger Schecter Division of Coastal Management PO Box 27687 Raleigh, NC 27611-7687 Dear Mr. Schecter: I am writing to you in regard to public comment on the proposal submitted by Mr. Tom Kenan for building a home with a pool on lots 61-62 Beach Road North, Figure 8 Island. This property is located adjacent to Rich Inlet and is in the Inlet Hazard Area. Tidal inlets are the most dynamic of all coastal environments. They are subjected to episodic changes in channel location, orientation, size, configuration and sediment transport dynamics. I hope.that LAMA will have the sensibility to deny this project. Please refer'to rule 7H. 0310-1 which refers to the setbacks beyond the 1st line of stable vegetation. I am enclosing 2 aerial photographs which show the location of the area in question. The photographs were taken in 1993 and 1996. The north end of Figure 8 on the eastern side has filled in over the past 5-6 years. But on the west side of the island the rate of erosion has increased. This particular lot has a row of trees and bushes growing on the extreme west side. These plants had grown to be 10 -15 feet tall but have now either died or have fallen in to the water. This line of vegetation is not stable. It seems that Rich Inlet after moving to the north quite drasti- cally over the past three years is now starting to move south once again. How far will it go? I hope that in the best interest to all the citizens and taxpay- ers of North Carolina, you will deny this request. Shell Island Resort is a perfect example of what can happen in an Inlet Hazard Area. Please don't let the north end of Figure 8 Island repeat the same lesson. Sincerely, (/.- ';�- ^__C 14 Lc'^ ---- Conrad H. Lowman ENGIo5o2e Z-SK'/ Ph040S Cc 3ok... Qael�t 7/ 13 I i. I %J (OCi "*" 14 cows "m /tg6 f<, Al,: CDGN.ao COWw..'A. Mt 3 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Tom Kenan COUNTY: New Hanover ' LOCATION OF PROJECT: Adj to Rich Inlet at the north end of Figure 8 Island, Lots 61 & 62, Beach Road North DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/18/95 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - no kiu�o off-,CONSISTENCY DETERNIINATION: Attached - N/A To Be Forwarl a�EFIELD REPRESENTATIVE: T. Barrett DIS CT OFFIC� Wilmington DISTRICT MANAGER REVIE EL 27,95 B) DATE APPLICATION RECEIVED IN H: EE REC'D: I i kli[INL.. PUBLIC NOTICE REC'D: OF NOTI% ATE: ADJ. RIP. PROP NOTICES REC'D: 9 )c$p C'D-.---�, APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: — 150 DAY DEADLINE: MAIL OUT DATE: _, - �- Cf STATE DUE DATE: - - FEDERAL DUE DATE: FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE IDENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance l _ r ld_ ct b Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History v Div. of Env. Health 16 - / 6 Div. of Highways Wildlife Resources Commission ? _ Div. of Water Resources Div. of Marine Fisheries (�' \ Recommendations for State Permit - Tom Kenan -�1 There are proposals that meet the intent of the rules and regulations, but cannot be authorized because they do not meet the specific language set forth in the regulations. This project represents the flip side of that coin in that the designed structure meets the ORW and Inlet Hazard specific conditions, but does not appear to meet the intent of the rules. Construction of a residence in an area as dynamic as Rich Inlet has proven to be in recent years, showing evidence of a 21'/year erosion rate, cannot meet the intent of the rules. T15A: O7H .0303 (b) states that "The purpose of these Rules shall be to further the goals set out in G. S. 113A-102(b), with particular attention to minimizing losses to life and property resulting from storms and long-term erosion...All indicators on this property, as well as photographic evidence and historic research indicate that this area of Figure 8 Island is unstable and constantly shifting. This specific property has lost approximately 100' to erosion over 5 years. The property has only enough room to meet the minimum required setbacks, and history would suggest that the home would be threatened within 3 - 5 years. ' If the management objectives set forth in the mles are intended to support and justify the subsequent specific conditions, then I have no choice but to recommend the authorization of this project. However, if the management objectives are intended as an addendum to the specific conditions stated in the mles, then I strongly recommend denial based on the above mentioned inconsistencies with the management objectives of the Ocean Hazard System. I made this same recommendation 6 months ago for a project on property two lots removed from this one - Whisper Knits, Inc. - in the same system and the same precarious situation. While it is true that without the necessary wetland fill, the project could have received a CAMA Minor permit, I would argue that the very fact that there are wetlands in this inlet hazard area would indicate the uncertain and ever changing conditions in the area. If the permit is to be issued over my objections, I would recommend the following conditions: 1) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. 2) The structure must set back 60' from the first line of stable natural vegetation. 3) The permittee is required to contact the Local Permit Officer construction to arrange a setback measurement which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. 4) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to removed from the lot. J 5) The walkway must be elevated so as not to disturb the substrate and vegetation in the area. Mate of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director [DFEE HNF1 December 22, 1995 MEMORANDUM: CJAN3 TO: Zoe D. Bruner, District Planner Division of Coastal Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tom Kenan Project Location: Adj to Rich Inlet at the north end of Figure Eight Island, Lots 61 & 62, Beach Road North in New Hanover County Proposed Project: To construct a residence and pool within the Inlet Hazard area, requiring the fill of delineated Section 404 wetlands Please indicate below your office's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact W Bps at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. FEPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. ✓Thus office objects to the project for reasons described in the attached comments. SIGNED DATE Z 127 01,,,01nal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 4 0 �FA UFEE HNR MEMORANDUM TO: John R. Parker Major Permits Processing Coordinator OUCH: C. Robert Stroud, Jr., District Manager FROM: Zo€ D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Tom Kenan, Lots 61/62, Beach Road North, Figure 8 DATE: December 29, 1995 This permit consistency opinion is based on my review of Tom Kenan's permit application, the Field Investigation Report (T. Barrett, 12/21/95), and my understanding and interpretation of the policies presented in the Wilmington/New Hanover County 1993 Land Use Plan. The applicant proposes construction of a residence and pool in an Inlet Hazard Area which would require the fill of 1875 sf of 404 wetland and 15,393 sf high ground. The adjacent waters are SA/ORW, open to shell fishing, and primary nursery area. In addition, the site is vulnerable because of the active movement of the inlet. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation CLASSIFICATION DESCRIPTION: Lands placed in the Conservation class are generally the least desirable for development because: 1. They are too fragile to withstand development without losing their natural value; and/or 2. They have severe or hazardous limitations to development; ... Generally, estuarine areas of environmental concern (AFC's), as defined by the State of North Carolina, and adjacent lands within the 100-year floodplain have been classified as Conservation. Conservation areas should be preserved in their natural state. Woodland, grassland and recreation areas not requiring filling are the most appropriate uses. Exceptions to this standard are limited to water -dependent uses (i.e., uses that cannot function elsewhere), shared industrial access corridors, and those exceptional development proposals which are sensitively designed so as to effectively preserve the natural functions of the site. The following guidelines clarify these Conservation area objectives: 1. Water dependent uses - may include: utility easements, docks, wharves, boat ramps, dredging, bridge and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, moorings, pilings, navigational channels, simple access channels and drainage ditches. In some instances, a water -dependent use may involve coverage of sizeable land areas with limited opportunities to integrate the use with the site's natural features. This would require reclassification of the site. By contrast, water dependent uses which can be designed to preserve a site's natural features may not require reclassification. This would be the preferred type of devel- opment. 3. Exceptional developments preserving natural features are projects which are sensitively designed so as to harmonize with the site's natural features. Such projects minimize erosion, impervious surfaces, runoff and siltation; do not adversely impact estuarine resources; do not interfere with access to or use of navigable waters; do not require extraordinary public expenditures for maintenance; ensure that ground absorption sewage systems, if used, meet applicable standards; and do not damage historic, architectural or archeological resources. Kenan Consistency Determination, 12/29/9 1 RELATED POLICIES AND EMPLEMENTATION MEASURES: 1.1(1) DEVELOPMENT ACTIVITIES IN OCEAN ERODIBLE AREAS, HIGH HAZARD FLOOD AREAS, AND INLET HAZARD AREAS SHALL BE CAREFULLY CONTROLLED. THE PROPER LOCATION AND DESIGN OF SHORELINE STRUCTURES AND THE PRESERVATION OF NATURAL PROTECTIVE FEATURES SHALL BE REQUIRED. 1.1(3) DEVELOPMENT ACTIVITIES WITHIN THE 100 YEAR FLOODPLAIN SHALL BE CAREFULLY CONTROLLED TO MINIMIZE DEVELOPMENT, ENCOURAGE LOW INTENSITY USES SUCH AS OPEN SPACE AND RECREATION, AND ENSURE STRICT COMPLIANCE WITH STATE AND FEDERAL REGULATIONS CONCERNING WETLAND PROTECTION. 1.1(5) DEVELOPMENT ON CLASS IV SOILS AS DEFINED IN THE 1981 TECHNICAL REPORT, CLASSIFICATION OF SOILS IN NEW HANOVER COUNTY FOR SEPTIC TANK SUITABILITY SHALL BE LIMITED AND SEPTIC TANKS SHALL NOT BE ALLOWED. 1.1(6) DEVELOPMENT ACTIVITIES WITHIN THE ESTUARINE WATERSHEDS SHALL BE CAREFULLY CONTROLLED TO PREVENT THE DEGRADATION OF WATER QUALITY IN THE CREEKS AND SOUNDS, AND TO ENSURE THE PROTECTION OF THESE VITAL NATURAL RESOURCES... 1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISHING IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. Implementation: 1. State standards for development in ocean hamrd areas shall continue to receive support. 4. All land areas falling within the 100 year floodplain will be designated Conservation on the Land Classification Map. Resource protection implementation measures 8, 9 and 10 (page 24 of the Policy section) reinforce the County and City's concerns about the effect of development on the area's estuarine watersheds. The County is the recipient of a 1994-95 grant from DCM which funds a Watershed Management Plan for Futch's Creek, thereby implementing one of the steps outlined for resource protection and underscoring the local government commitment to protecting its estuarine waters. Futch Creek drains into the AIWW landward of this ORW inlet area. 1.2 PROTECTION OF CAMA-DEFINED AREAS OF ENVIRONMENTAL CONCERN 1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALL BE PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS. 1.2(3) DRAINAGE FROM LAND USE ACTIVITIES SHALL HAVE A RATE OF FLOW AND VOLUME CHARACTERISTICS AS NEAR TO NATURAL CONDITIONS AS REASONABLE. 1.2(8) THE COUNTY AND CITY SHALL TAKE ALL NECESSARY ACTIONS TO PREVENT FURTHER DETERIORATION OF ESTUARINE WATER QUALITY AND LOSS OF PUBLIC TRUST USES IN THE CREEKS AND SOUNDS AND TO BRING ALL COASTAL WATERS UP TO THE HIGHEST QUALITY POSSIBLE. 1.2(13) THE COUNTY SHALL PURSUE A POLICY OF "RETREAT" ALONG OUR ESTUARINE SHORELINES IN ORDER TO ACCOMMODATE FUTURE SEA -LEVEL RISE AND WETLAND MIGRATION. Implementation 10. All coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters shall be designated Conservation on the Land Classification Map. Kenan Consistency Determination, 12/29/9 2 LAND USE PLAN CONSISTENCY OPINION: The Policies for Growth andDevelopment section of the Wilmineton/New Hanover County Land Use Plan sites three primary land use planning issues identified for the 1993 update. They are: water quality, environmental issues, and overdevelopment. Construction and landscaping associated with the Kenan permit application within the Conservation land classification relates to the first two of these issues. The following discussion of the Plan enumerates reasons for a finding of inconsistency. Residential development is permitted by the Plan in areas designated Conservation as long as the design is exceptionally designed "so as to harmonize with the site's natural features." It does not appear that any attempt has been made to preserve the '404' wetlands on the site. Policy 1.1(1) requires specifies careful control of development in inlet hazard areas, and this lot is in an inlet hazard area. The policy specifies the preservation of natural protective features. Wetlands serve as filtration for stormwater and storage for floodwaters. The Soil Survey of New Hanover County, North Caroltna(USDA-SCS, 1997 maps 13, 21) indicates that wetlands in this area are Tidal Marsh. Policy 1.5(5) above specifies that Class IV soils may not be filled for the purpose of septic tank installation. Class IV soils include Tidal Marsh, Pamlico muck, Dorovan and Johnston soils. The application does not include soil identification. Implementation measure fir for the Resource Protection Policies looks to the state to control development as it occurs in these areas. Because of the volatility of this particular inlet and the dangers to health and safety which continued inlet migration would present; and because of the Outstanding Resource Waters, primary nursery areas, open shellfish areas, and areas of environmental concern in which this project is proposed; it is vital that this project meet the letter of state and federal regulations. The policies of section 1.2, Protection of CAMA-Defined Areas of Environmental Concern, also stress the desire of the County to protect the quality of water in the estuary. It is my opinion that the filling of wetlands adjacent to outstanding resource waters and within a 100-year flood area on applicant's lots when high ground is available on the site; and when the location is in an Inlet Hazard Area of Environmental Concern and is especially vulnerable to inlet migration; and when the site is adjacent to SAIORW and Primary Nursery Area and OPEN to shel fishing is inconsistent with the New Hanover County Land Use Plan. cc: T. Barrett R. Shaw D. Hayes cU.=. Kenan Consistency Determination, 12/29/9 State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 22, 1995 IoIMIS[e)7 ►I\ 1)i1�5ii TO: Mr. Bruce Freeman, Director Division of Marine Fisheries FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Tom Kenan Project Location: Adj to Rich Inlet at the north end of Figure Eight Island, Lots 61 & 62, Beach Road North in New Hanover County Proposed Project: To construct a residence and pool within the Inlet Hazard area, requiring the fill of delineated Section 404 wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. Y 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 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer k, State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director 9 January l al5(i77. li14i TO: John Parker FROM: P.A. Wojciechowski, Fritz Rohde 1T fir' ' I�EHNR 96 v9ti *g a 6.F1� '�'Fgy4`9`96' SUBJECT: CAMA/Dredge and Fill Permit Application for Tom Kenan The proposed project is located adjacent to outstanding resource waters and is designated primary nursery area and is open to the taking of shellfish. This area is also an INLET HAZARD AREA, which would appear to be a poor place to build a house with a septic tank system. The attached plan of lots 61 and 62 on Beach Road North, shows the two disposal fields forward of the 100' sanitary system set back line. It is recommended that these fields be moved landward of the set back line. The septic tank and the disposal field has a real possibility of failure, the Division of Marine Fisheries has strong reservations regarding this project. A septic tank failure would seriously impact the water quality of the ORW. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 10101�rC� •�' Al 14 tiv� y AM IL IDEHNF3, December 22, 1995 TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Tom Kenan Project Location: Adj to Rich Inlet at the north end of Figure Eight Island, Lots 61 & 62, Beach Road North in New Hanover County Proposed Project: To construct a residence and pool within the Inlet Hazard area, requiring the fill of delineated Section 404 wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. c This agency approves of the project only if the recommended changes are C16incorporated. See attached. * 54TiPt 1.2 4eA-r !S 6,&DED qz R OMT A SED.: M5104 C-oaTieot JgAA1 MurT 86 SuBMjTTED. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1--)EC- Z Z , 1$9S 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 19, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski - - -Division-of lV!arTae isTenes -- - - - - - - - `er o lFf.a 2 21996 W& QE MARINA FISHERIES FROM: John Parker LMANAGEMENT Major Permits Processing Coordinator SUBJECT: C e and Fill Permit Application Review APPLICANT: He PROJECT LOCATION: Lots 61 & 62, Figure Eight Island adj. Rich Inlet, New Hanover Co. PROPOSED PROJECT: To construct a residence and pool within the Inlet Hazard Area. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY\ \� There are no known public trust conflicts with the project location or design. AILGU,00il--r vp 1*'fmx 5,- .�/�/�c l c d+rr-.. s/S 'l�,c s.�.•,� '�S 1`41 k� ON 4ee,0 7ytc.i91 S. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed �Date 2,a 2 C P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: �1W0W9TMr-*, A& DEC ? 71995 . ........................ E H N Il December 22, 1995 TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAjY WDREDGE & FILL Permit Application Review Applicant: Tom Kenan Project Location: Adj to Rich Inlet at the north end of Figure Eight Island, Lots 61 & 62, Beach Road North in New Hanover County Proposed Project: To construct a residence and pool within the Inlet Hazard area, requiring the fill of delineated Section 404 wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. 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. SIG DATE 127 Ces ' Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 gR*LL/ An Equal Opportunity Affirmative Action Employer OfWT 12 D ._y �.� _ rn � `., •, ... I _ _'_1 FEB 16 '96 In:44wM State of North Carolina Department atad Ro�--HHlhnNatEnvironment al esu ces Division of Coastal Management " Jame piu f; Jr�, GoveinoD JOnot $: kowes, Secretary Roger N. S"cter, Director January 5, 1996 ME�1ORAlr'DUM TO: Ms Linda Sewall Director Division of Environmental Health /� Nk C� FE F 1 A. :OM: John Parker, Jr. Majnt Permits Processing Coordinator SUBJECT: CA. /DREDGE & FILL Permit Application Review APPLICANT: T K a,a PROJECT LOCATION: Adj. to Rich Inlet. lots 61 and 62, Figure 8 Is. New Hanover Co. PROPOSED PROJECT: To construct a residence and pool within Inlet Hazard Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, picase contact John Parker at 733-2293• When appropriate, ir.-depth comments with supporting data are rcquested. REPLY This agency has no objection to the project as proposed. This agency has no continent on the proposed project. This agency approves of the project, only if the �recom rm�^eended changes are incorporated. See attached cGe4-/Cs�c JG�l 1 --h:, coca -gate G Inc ov.�rr,Ect �(J This agency objects to 411c project for reasons oescribed in the attached comments. Signed Date P.O. Box 27687. Rpleigh, North Corolino 2701 -7687 Telephone 919-733-22y3 FAX 919-733-1495 An E4uoi Oop'lturry 4, fl4 mo"rie Acton Empioyet 5.73,racy Jed! 1^9, pwh �,cneu�-a: pope State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5, 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways T/•�' [DFEE HNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Tom Kenan PROJECT LOCATION: Adj. Rich Inlet, lots 61 & 62, Figure 8 Is., New Hanover Co. PROPOSED PROJECT: To construct a residence and pool within the Inlet Hazard Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 attac d c nts. Signed - Date % P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director January 5, 1996 MEMORANDUM PN 1996 TO: Mr. Charles R. Fullwood, Jr., Director RrNc, Wildlife Resources Commission �nP Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Tom�kenan PROJECT LOCATION: �. Adj. Rich Inlet, lots 61 & 62, Figure 8 Is., New Hanover Co. ROPOSED PROJECT: To construct a residence and pool with the Inlet Hazard Area. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 v—�.1,4aiL�w —% % l4&ZL Date May 21, 1993 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History 7 'IA E:>EHNR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: C DREDGE & FILL Permit Application Review APPLICANT: To Kenan PROJECT LOCATION: 'Adj. Rich Inlet, lots 61 & 62, Figure 8 Is., New Hanover Co. PROPOSED PROJECT: To construct a residence and pool with the Hazard Inlet Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 C 4 Date (Z `i /lG P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919.733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper .a�tate of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director I Y!;WA IDEHNR December 22, 1995 MEMORANDUM: ^ )fC�ED co BAN 111996 TO: Mr. William A. McNeil, Director MANM;ErMENT Division of Community Assistance FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMAADREDGE & FILL Permit Application Review Applicant: Tom,Kenan Project Location: Adj to Rich Inlet at the north end of Figure Eight Island, Lots 61 & 62, Beach Road North in New Hanover County Proposed Project: To construct a residence and pool within the Inlet Hazard area, requiring the fill of delineated Section 404 wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. \�izThis 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 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer EL State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 5 1996 aUXUVT4 ►lit Iul TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator AT E:>EHNR FIC I IV �, JAN 23 lft6 DIVISION OF WATER RESOURCE SUBJECT: CAMA/DREDGE & FILL Permit Application RECEIVED FEB 6 1996 MACNMEMENT APPLICANT: Tom Kenan E PROJECT LOCATION: Adj. Rich Inlet, lots 61 & 62, Figure 8 Is., New Hanover Co.. PROPOSED PROJECT: To construct a residence and pool within the Inlet Hazard Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. Signed X 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. �Date ZP/ P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Department o' Health and Nc Division of Coastal James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary Roger N. Schecter, Director 4*9 FEB 281996 MpNA6EMENT W �^f E) HE N January, 1996 MEMORANDUM JAN 1996 ,rceivec Y state TO: Mr. JoeHenderson, Acting Director�.e Property Office State Property Office e"10L 6 B 1. 9s,06 Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: C REDGE & FILL Permit Application Review APPLICANT: To Keuan PROJECT LOCATION: Adj. Rich Inlet, lots 61 & 62, Figure 8 Is., New Hanover Co. PROPOSED PROJECT: To construct a residence and pool within the Inlet Hazard Area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 26, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 Cttaacch comments. / Signed G Data qtO P.O. Box 27687, Rdelgh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper APPLICATION FOR CAMA PERMIT THOMAS S. KENAN, III #4365 This application is for a permit to construct a single residence on Lots 61 and 62 (544 Beach Road North) on Figure Eight Island. There are no structures on the site at this time. The residence will be connected to the Figure Eight Island water system. Wastewater disposal will be accomplished by an on - site septic tank system. The system is under review by the health department and approval is expected shortly. The zoning allows development of the site for residential housing. The U.S. Army Corps of Engineers has been on -site to locate wetlands and they have agreed with the delineation of the areas. We are presently requesting property. The walkway to the wood planks laid on the surface. the filling of the sites on the shore will be concrete pavers on 00", NOV 17 1995 T DIVISION OF COASTAL MANAGEMENT CENTURY/von Oesen Consulting Engineers Wilmington, North Carolina 4/ DIVISION OF COASTAL MANAGMVIENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tom Kenan 2. LOCATION OF PROJECT SITE: Adjacent to Rich Inlet at the north end of Figure 8 Island, lots 61 and 62, Beach Road North. Photo Index - 1989: 176-10; gr. L-12 1984: 19-1552; gr. Q-13 State Plane Coordinates - X: 2386600 Y: 200000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/22/95 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - cc: 12/18/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - N. Han. Co. Land Classification From LUP - Conservation (B) AEC(s) Involved: OH, ORW-ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Septic system (N) Type of Structures: Existing - None Planned - Residence, pool (G) Estimated Annual Rate of Erosion: 21'/yr; adjacent ocean hazard area - 2'/yr. Source - DCM Data 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Delineated 404 wetlands 1857 sf (Myrica cerifera, Smilax spp.) (B) Non -Vegetated Wetlands (C) Other High ground 15,393 sf (D) Total Area Disturbed: 17,250 sf (E) Primary Nursery Area: Yes M Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a residence and pool within the Inlet Hazard Area, requiring the fill of delineated Section 404 wetlands. r� ' Tom Kenan ✓ Paged 12/21/95 The project site is two lots, #61 and #62 Beach Road North, located at the extreme north end of Figure 8 Island. This site is within the Inlet Hazard Area AEC, as well as the ORW Estuarine Shoreline. The site fronts Rich Inlet at Middle Sound. Given the dynamic nature of this inlet, both systems are functioning at the site. The tract is approximately 1.2 acres in size, subdivided into 2 lots. The property averages 6' in elevation above mean high water. The high ground on the tract is partially vegetated with Wax Myrtle, Cedar, and Yaupon, and partially void of vegetation. Aerial photography reflects the overwash activity evident on site that has apparently prevented vegetation from establishing in this area. The substrate is sandy with shell fragments, and appears to be spoil deposition. There are three delineated 404 wetland pockets to be effected by this proposal. These areas are vegetated with Smilax sue. and Myrica cerifera There is a 4' escarpment at the inlet on the westernmost lot; this gradually decreases to 18" on the easternmost lot. The first line of stable, natural, vegetation is Sea Oats mixed with Spartina patens on the eastern lot, and oaks and wax myrtle on the western lot. The brushy vegetation is severely undercut and collapsing into the inlet. The Long Term Average Annual Erosion Rate (LTAAER) for this area has not historically been calculated because it is within an inlet. Regulations assign the adjacent Ocean Hazard setbacks to the inlets. The LTAAER for the adjacent Ocean Hazard Area is 2'/year, making the small structure setback 60'. The 100 year storm recession line for this adjacent Ocean Hazard Area is 265'. However, aerial photography for this site indicates a 100' loss of shoreline in the 5 year period from 1/85 to 11/89. According to Caroline Bellis, who has been instrumental in calculating the most recent draft LTAAER, the most updated and complete information available for this area indicates a 21'/year erosion rate. According to the National Flood Insurance Rate Maps, this lot is located in Zone V-14 with anticipated waves reaching 15' in elevation. In recent years, as the inlet has shifted, a berm has been accreting in a northward direction on the waterward side of the north end of the island. This minimal protection has allowed for the colonization of Spartina alterniflora in the pocket to the back side of the berm. The project site fronts this wetland system. The New Hanover County Land Use Plan classifies the area as Conservation. The Division of Marine Fisheries has designated this portion of Middle Sound as a Primary Nursery Area, and it is open to the taking of shellfish. The Division of Environmental Management has classified the waters SA-ORW. The applicant is proposing to construct a single family residence with a footprint of 3850 square feet straddling the lot line. This structure is located 60' from the first line of stable, natural vegetation. A porch is proposed to the east side, a walkway northward to the inlet, and a pool on the west side. The house would be serviced by a septic tank, and tie into to the Figure 8 Island community water system. The fill and grading for the home, .pool, septic tank, and driveway will total approximately 17,250 square feet. Of this; approximately 1857 square feet of the above mentioned wetlands will be lost from jurisdiction. The proposed walkway is 80' x 10' . In the application, the applicant represented the upland fill area considerably less than is shown on the plat work; I believe he merely left out those areas to be graded, or "disturbed", and interpreted the question to mean only those areas where fill is to be brought in. The areas to be filled will increase in elevation an average of 3.51 . The finished built -upon area on the site will be approximately 18.8%. 10. ANTICIPATED IMPACTS The project as proposed would require the filling and removal from wetland status of approximately 1857 square feet of isolated 404 wetlands. Approximately 15,393 square feet of high ground are also to be graded and filled. The built -upon area incorporated by the proposal is approximately 18.8 %. The project meets the required CAMA setback of 2' per year assigned to it by proximity to the adjacent Ocean Hazard Area. The greatest anticipated impact to be incurred by this development is the threat to the applicant and his investment caused by constructing in a very dynamic area. This poses a threat to life and property, as well as the possibility of septic tank failure in an ORW area. Submitted by: T. Barrett Date: 12/21/95 Office: Wilmington ` State of North Department o- Health and Nc Division of Coastal James B, Hunt, Jr., Governor Jonathan B. Howes, Secretai Roger N. Schecter, Director tAP RECEIVED 2 9 1996 Ms. Ann Hines, LPO ---County-ef-New Hanover-------- ---- 414 Chestnut Street Wilmington, NC 28401 Dear Ms Hines: The attached application request for permits under the Coastal Area Management Act, and/or other State/Federal authorization is forwarded for your review and comment. We ask that written comments be submitted within three weeks of receipt of this submittal. This is the same review period allowed for State agencies. Necessary time extensions will be considered upon request. If we do not hear from you by the action date, we will assume that your office does not wish to comment. The Division of Coastal Management feels it is very important to have a given application record reflect the position of the local government. Under Rules of the Coastal Resources Commission, the Division must not approve applications if the project is inconsistent with local regulations or land use plans. Should you have questions on the content of this mailing, do not hesitate to contact me or the area field consultant for this project. Very sincerely John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw� s+eLe -�'�`�'� Attachment�- P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources / • Division of Coastal Management _ James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary E) E H N F1 Roger N. Schecter, Director March 11, 1996 Mr. Tom Kenan P. O. Box 2729 Chapel Hill, NC 27515 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a residence and pool within the Inlet Hazard Area, requiring the fill of delineated Section 404 wetlands on property located adjacent Rich Inlet, Lots 61 and 62, Figure Eight Island, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 16, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, John .Parker, Jr Major Permits Processing Coordinator JRP: jr/aw cc: Tere Barrett DCM--Wilmington P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ i o% post -consumer paper REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS (OLK Po. Rox laso WILMINGTON, NORTH CAROLINA 2B402-1890 January 19, 1996 Regulatory Branch Action ID No. 199602624 and Nationwide Permit No. 18 Mr. Tom Kenan Post Office Box 2729 Chapel Hill, North Carolina 27515 Dear Mr. Kenan: Please reference your application of November 29, 1995, for Department of the Army (DA) authorization to discharge fill material into 0.04 acre of jurisdictional wetlands on your property located at lots 61 and 62, Figure Eight Island, near Wilmington, New Hanover County, North Carolina. The stated purpose of the work is to construct a single family residence on the lots. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided by Nationwide Permit No. 18 for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards in open water areas; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; Your project is sited in the coastal area. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions, the submitted plans, and any required State authorization. A consistency determination is required from the North Carolina Division of Coastal Management (NCDCM). Contact Mr. Steve Benton, telephone (919) 733-2293 for this consistency determination. A Section 401 water quality certification is also required from the North Carolina Division of Environmental Management. Contact Mr. John Dorney, telephone (919) 733- 1786 for this certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked, which will occur prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits, which will be announced by public notice when they occur. If you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation, to complete the activity under the present terms and conditions of this nationwide permit. ftmw w ® RwvdW Paper Questions or comments may be addressed to the undersigned, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4466. Sincerely, Matthew Flint Regulatory Specialist Enclosure Copy Furnished (with enclosure): CENTURY/von Oesen Attn: Mr. John P. Ryder 805 North Third Street Wilmington, North Carolina 28401 Copies Furnished (without enclosure): r. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Department of Environment, Health and Natural Resources "A \` Wilmington Regional Office *Ai Division of Coastal Management tip. r� � James B. Hunt, Jr., Governor p E H N FF1 Jonathan B. Howes, Secretary Roger N. Schecter, Director December 22, 1995 Tom Kenan P. O. Box 2729 Chapel Hill, North Carolina 27515 l�ZyT�luC#,T�Si .� The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 544 and 546 Beach Rd. North on Figure 8 Island. It was received completed on 12/18/95, and appears to be adequate for processing at this time. The projected deadline for making a decision is 03/03/96. 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. Sincerely, T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area High Hazard Flood Area '/, Inlet Hazard Area Date Lot Was Platted: 2 78 This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission d•es not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean eraSion rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as pXgS jeet landward in a major storm. The flood waters in a major storm are predicted to be about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. Applicant's Signature NO'.« /qS Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this ESE December 31 of the third year following the the permit was issued. Shortly before work project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If the property has seen little change and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. It is impor- tant that you check with the LPO before the permit expires for official approval to continue the work after r the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: %l V t5 r uh (9 F( 0A'->Tia 1 nLQT lad (wail, I i . PFZr•, Ia�,1 Address ag {05 DEC 18 1995 DIVISIOiv OF COASTAL MANAGEMENT Revised 11193 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront struc- tures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are in- tended to avoid an unreasonable risk to life and property and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune and set back from the first line of natural stable vegetation a dis- tance equal to 30 times the annual erosion rate (a minimum of 60 feet). Large structures (multi -family residential struc- tures greater than 5,000 square feet and non-residential structures greater than 5,000 square feet) must be set back from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate or 120 feet, ' SETBACK SETBACK t FIRST LINE OF R � �- STABLE 1� 60 x AL AVERAGE ALI AVERAGE 30 x ANNUAL VEGETATION 01� IEROSION I EROSION IRATE ^ I RATE 00 I A (STRUCT�RUCTURES1 PERMITTED - STRUCTURE; ADEQUATE SETBACK whichever is greater. If the erosion rate is greater than 3.5 feet/year, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers", taking the beatings of the winds and waves and protecting the inland areas. By setting back 30 or 60 times the annual Ion term erosion rate, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June of 1979, might prove a hardship for some property owners. Therefore, they estab- lished an exception for lots which cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1,1979, and not capable of being enlarged by combining with adjoining land under the same ownership, (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line, (3) no development can take place on the frontal dune (4) special construction standards on piling depth and square footage must be met and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot area as calculated from vegetation line piling length needed to extend 4 feet below MSL PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PRE -STORM BEACH PROFILE � POST -STORM BEACH PROFILE ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. LIMIT OF TIDAL WETLAND Fl N xx ]♦ E 1ex N ee•NI E 1+e u x e♦�Ib R N 11 E Fl N 812i1 1 E V T) f/ N el'M I/ f ]IM Fl/ N lJ1l [ x1.1♦ 'rDEC U1V f •f DIVISION OF COASTAL MANAGEMENT AREA 'A' AREA 'S' AREA 'C' AREA 'D' AREA 'E' IN o-Kc asTNltE NE nW a INCE p1 d MI 111 daft a1 o-5141 dNECMYI dnNKE AI tp % Y 111 BI IIp 1 N pl N E .1 B BTI W %4T Al N b V 1Aw BJ N 6/t4E 10 8 1'b W 1 ]t E IA nlp E 6p AN / Y 1221 wN /♦l I E IlN N E 1 11 DS N W p.81 N In/N E 6 - / 1 W 1 .eJ - N 6T RJ E 1].1 N ♦ E M M W 1]. WETLANDS AREA TABULATION AREA 'A' 1151.1 S.F. mu 'B' 905.6 S.F. AREA'C' 136.4 IF. AREA'U' 475.7 Sr. AMA *E' OAS S.F. TOTAL 9938.5 IF. LEGEND W - Ndl-YD& WE S U - Uft DS a, - TEn 97 A2 - I MI4&P ®- P NT NMMR mp181C n w RININ BY us mmy O w ENdlx]16 THIS CERI TNT MIS OORY 6 TNB 91R1£Y NAT ACCINATEIT OEPIOTs ME BWMMr w AaeedOIKNBL WElI m UNMR /ECIpN ♦M w TF dlMl WATR ACT AS d3118D BY RIESNT ! W A141 RE N)NS M MMB NDI BY ME IMDERSIdm LN NS MM U NIM IS A DNN IN ME IAW w aM wws adAATIVR. ms DETEMIdAMK 7 $CIYJI b A SNCMM unr BE R M UPON FOR A PElem R M FY RW 1F.1NS Eaau NIS BATE 1xIx IAYO NNCIIGb M.."N us ~ QYIPs a ENaxunS WWNOTCN 051aM1 1M1lINCttM, N.G /< aETLA1415�.. EA QIAPRFPIMD BY: PROWed1AL� 18FAT' Nn 100•WC0.TMIM TmCENTURY/von Oesen CONSULTING STFM 11RS dE PLANNERS eB6 (0 iNEtd 9111EES F I (14 NG I10 � (ny lsablb rAe (nf) Tu-bee CENTURY/VON OESEN CONSULTING ENGINEERS 100A^ EFERENCE NO. I DATE VENDOR NO. VOUCHER INVOICE DATE INVOICE NUMBER INVOICE AMOUNT DISCOUNTS PREVIOUS PAYMENTS NET AMOUNT Cama Perm.ts Job 4365 250.00 TOTAL Cll-il C1 1l N.l�R /von Oesen UNITED CAN. N.C. 28401 BANK 10049 WILMINGTON.C. CONSULTING ENGINEERS 66-822-531 CHECK DATE REFERENCE NO. 805 NORTH THIRD STREET • DRAWER 2087 11-9-95 10049 WILMINGTON. NORTH CAROLINA 28402 AMOUNT T o Hundred Fifty Dollars and 00/100-- 250.00 PAY: TO: NC DEHNR u1000 i004911' 1:0 53 10a 2 2 iI CENTURY/VON OESEN &— ��j 04 2 L 5094a9111' FRPn 12.97. 1995 14114 P. 2 floou PACE ic39 .col ,'he property hereillabove described wan ncaulred by Uronlor by lusirument recorded in ..,. tonk 123na loop" t479 .............._....... -. .... .......... .. ...... ... .. ... A shop allowing the above ddAckibed property Its pope recorded in plot gook . TG HAVE AND To HOLD lire aforedaid lot or parcel of land and ail privileges and appurtenances thereto belonging to the Grfibteo In fee simple, And the. Grantor covenanta with tile (it'nnter, that Grantor is seized of tile. prernlxce in red aifnple, fifth the right to convey tilt same in tee simple, that title in AfAlketnble and free And clear of fill tncumbroncah, and that Grantor tvnl warrant and defend the title Against the Inwful CIA; '"A of all persona wllntnnoevcr except for the exeeptinum hdrelnafler totaled. Title to the properly hereinabove deaer{bed la Alibi act to the faflowinif exreplionaf 1, oho Ile" of ad Va{of eft taxes fps 1992r oow ; ^; Id"t11bd5yr5'', eArh, 2. Such ellsemtnths cavolreotar conditions, raat t onsl end other matl:eray appear of re"ord. DEC 0 7 1995 DIVISION OF COASTAL MANAGEMENT oft W"NeAll wNtaan r, the 6"'llm has b,reuht. set hl- head alto at* . n1 It ceeemate h., rallied tilt. Intl an. Af I. fir ai nra 1n be ►w at# name ky its shot .nthortaed n/tosser u,d its "M to ho (,rrovnrn afltwo� fir AwhneNr e� 14 range or Illrrrtdn, �be n.v ant# yr,.r Ilnt ..L •., r to+qal+te mime) Other G. Kenan Y.. nil _.......,.,.............. ......_.„..:....., 1 Y ._... _...,,-;..:............ Itislaenl .� 1 91 Kenil .,..,...,.._.t..... ....... .. t �TtK6T1to V rt, :x��•4>..;.+s,6teleiary ICarponft aeall yf a IF d1w '' + �A.� e!^!!./:2R...(7?�tf121<��reality, y /, a Nuiarr Pabul of the Cnaafy she alai, NalHald, t,,tft that .. �`ve1i1 ,G. Kenan sad It{6 NS fps 9 Sterling ff. Kenai) ...... .. ...... hunter, hp r 1! ARLYI#%A tM&rt'M tor* fire this day Ono atkh**Ird{ed tilt execution at the teleaohis 1"Alramest. tVnntss illy r:•t. a. t . fir MY oA1 oo"7M 1817G5 /,, l ' 1xYMICg1111Y1hen(fr1 tl, r oR teat. the .,•�.�._ 4a d �1FC�4Lf1.�ry1fC....... .... ... tsJ • krdra nAv Mary MM tk4ow In '' mytnmdllnnnr**r r..'..?:' 1 i_ y��•lfl,�a°i.c' �7t.`.f .A.. f a ' a •.... Nntrry pnhut SkAl..STAAIW NORTH CAROLINA. .....................................county. f, a rl.wy result of the C640ly lino alai* sleft'Ald, "soy that ..._...._. .,, •_... ..... ..... _. .. .. Apetlanally tune estate rot torn day a04 aaknow1eoa,4 that .,._ he it .................... ......... Rrtrrbry of .....,.•„^-- ...... ....:....... a North CArrtll"a enr"nralbn. *"d that by aalherlty Alloy dlren sold As the *of of the rhrpoullon, the #bittern# 1n,lrumrnt veN soaat'M rat 11% "Am, by Its ................ s Pee.htrnl, v.le4 whh r4 tprphnte seal and otttslyd by .. ............ Ae It, ... _. aerreiary•, wo"Ist my land who efflelnl $Isn't. or s*al. this ,.......dAy nr ........... • ,•.,_........._.. 1►..,....., Alyrmnndtdnrt eal4l rtt ..... ..... ......... ... ....... _.... ,.........,.. ... ..,... N*tary rn611r Tilt rbrednlhR vet rU/hoe/ ""—' _• ---- ...... No#ary.Public Ift N,YRRe 414 eselitlea eb be lblfRtR This Imlrnmenl sad n 1t" RRtl""t* are 'Maly fealrt"" At tilt d*IR *nil 11-4 6n4 In the "Oak nhd , en Rae shaven ear MARY SUE OOTS Nnw Hanover ....__+.........................•,,.......,...Rg9toT Ck Oy nrtns rnR,...,.,,....... ,.....,... ..... ... ...-. CntrNTY nr ! '-•.. ... �. �.��:':......•...... .........mpnt>fAodtTabr•Rnnhr a "teas 14C ad! Asa" T woo No a t t9ra. nert*rnf r9r: Naito by Ag!en,nm+l »4o 11M r4.c Aar ASS" Panll! PdMl,y1 (;a b." PO a l WAr. nala ph.11 r. 21rir. AOQ BOOK 1639 Ilru Na,,bPtp co PACE 1300 at 1.t-t3 Z50%. 00 P AIF Or G��()UNA Real Estate 1yr Excise Tax Ewriac'Inx $502.00 ADMITTED TO RECORD -DAY or- 9 iittj3 AT,�--•— _ _M MARV SUE DOTS REGISTER OF DEEDS NEW 14ANOVER COUNTY tienndb.a Tlmc, 0ook Aud PAae Tax I.nt No. _. ... ....._.... I'arrei Identifier No. _ .... .. Verified by . __ . County on like day of l9 by .. .. .. Mail after recording to Kennedy Covington. t.ohdeti_ a_Hlokman, Natlona0ank. Corporate Center, Sul to 4200, - 100 North Tryon ,Street, Charlotttt Nortil Cercilna 28202-4006 This inatnrnkent wAs prepared by ._NennAdy. Cpvlogton loh1ie11 a Ihcknkan.. JAB)- .. Brief description (nr the Index-Lots'6t bad 62, 1'i ure.Ei ht_ island NORTH ('.AROLINA GHNI IZAL WARRANTY I)1:UH) Tills UY;F17 made this . '. J. :. day of . ......Ubcrmkar........... ... . 1992 , ht• And between IIItANTOR r 01UH � (:ItAN 'RE 1S DEC0 1995 Owen C. Konan and wife, Sterling N, Ihamaa S. Kenon, ill DIVISIO OF P. 0. pox 2»•) COASTAL MAN GEMENT"18'el 'till, North Carolina 77515-7779 Qi)t?�.1�`'iu Eu/rr In apprnprlArr Mark tak Mrh pally: nArn4 Addkru, And, It sppr,nniale, rhnrAcier 61 en/lty, c.o. retp,onllan a1 pA.ineflldp. The. designation ttrnntor find Orantee fin fined kercin sholl inriude Sold pnrllen, lhtir heirx, nu!•eeakors. Arid msigna, and shA❑ Include kinfulnr, plurfil, Ino tulillp, femhdne or Itettter as requlrcd by caut"t' W11'NFSfipTil. that life Y:rnnlnr, for A vntunble rnnairletatIon paid by the (bowler., tilt, receipt of which is herthy Acknowledged, hkA And by these PtYneAta dote grunt, hnigain, sell and convey auto the (iraolee Nl fee wimple, All that ccrlAHr tut fir pnrrc) of land sQuntat in the City (i! I . ' Harnett Township, New Hanover County, North Carolina nod mole p;u•livuis, rly deAcrUkad a$ folloun: DF.INC all of Lots 61 end 62, Melt D, Section 10, of figure Fight island Subdivision as shown and described on that certain plat entitled '!figure Eight Island,, recorded it, Map Book 16, page 88, to ti.e Office of the Register of 0eeda of Non ilanover County, North Carolina, to w1110h Said plat reference is hereby made. for A IntStreetsaands uatksl shown on l the oaboveo-rrefereneedgether hmap,l and^ SAY and l all rxiatingn common lkothers, Street,sand ewalks rough or upon Providing across to this tract.o1n33 roCftslEw{thWilli e rootpect tosthe m/iguro CIigr�ts, a Okhtio to r.lub� relating t toatile nti sold SkidallOt Cr antorks oN,cr * watvinggif. Konen, her marital~ire of Nright$ and doesC. notkJoini In in any lofe thetkrrarrbntaxantion of ril� dead containedtor the herein,sole purpose of RETURNEOTO RAW NA'. no, Ali-, rare. He. , • if),' Amnia krll. 111( �U`' . Hoar; Tact. ` 1G3J 1g 00 fILSl Iasnnpki, PV BrarF OF N�RpLINl1 "ll,.;�' Real Estate P Excise Tax ADMITTED To RECORD _ _Dar or 1L, (— 3 (;) A3 .-) •j AT----- ___ ^..._— M MARY SUE DOTS REGISTER Or OEE[?S NEW HANOVER COUNTY t:xrl!:c 2nx 5502.00 I Itrcotding Time, tsaok And I•aee Tax N t No. .... .. ... .............. I'Arre1 Identifier No. .. .. . Verified hY . ....... .. ... f:ounly on the . day of .. .n'to toy Mail after recording to Kennedy Covington.LabdelT..R..IIIekm»n,.Natim+stiank,Carporato.Crnl:er, Sirtto 4200, too tlprth Tryon Strent, Charlotte, flori9, Carolina 1,0202,11006 Thfe lontromont wall prepared by . .., Kenttnoy. Cavlugl;p0 lohttot 1. d Ilicl,unn:..l•17u1 ....... Brief doneription flit the Index 1.ata ct and G2 Pf ura F3'ht Island NO1Z'.I'H C.'.AliOLINA GENERALWAf212ANtJ'Y Tali 11VI!rt made this day of ......... .. .... .. . 1002 bg and betrreeu T C T4 DEC 0 owaa C. Kanan and wito, Sterlfag IL Konan* DIVISIO COASTAL MAI n+Jt?friu V T D t1 it A NTKE 1995 lho,�se 5. Kcuan, I11 OF r, o. P,rx 27" lirEMENTi'tianal I1111, Nort1+ Carollum 27415-7724 r!nlrr In rparnprinYr hlnrk tn+ i•nrh 1+ar1.1'� nn roe, ndarrsa, and, It nppriM,tlalc, rhntncf;Y of enOry, r.4. re+oro rllnn nr gyrinrtAtdP•-^��!^-^ _...._.��_..._„_..,� v......1. n,,.y_r_.nnt.:,•.�.u_t�aed_hnfcinnil ,nrlud,• nnid Pnrlira Iheh' hAira, nur•cenaurs, thrill n��glrtna, nn4 FROM 12. 07. 1995 14: 14 P. 2 PAGE ] �i 0 l ..... .•........................................................ — nt — ----- -- --- -- A mop yellowing thp, above dcar.rlhed properly to recordedlit i'Int BpnkTO HAVE' ANI) TO 1101.,I) the nforeeedd lot or tvlrcel of lend and fit) privileges and nppartenonceo (hereto belonging to the firnhle , to too etmpie, Arid the Granter cevonaotd will, the ("Verltce, flint Grantrir to se{xe<I of tile prrmlteR In sec reimpler lino the 19KId in rana•ry thy, Battle In teo nimplo, (Ant !Ills la mnrke ithle and tree find onser of 411 nnculnhll ncnd, find Ibni Crm,lor well warrant fief( defend the tole hgpina! the Inwfol ria{nrn of sell peree na wholndeever nxcrpt for the exceplimlre herelnfeflor related. Title to the properly hero{nnbovo deaeribed (a hol,joet to the tollntving Cki P.ptlelin: 1, lho teen of ad valorem taxes for 1997, norr lD ^o4o'4'��, d�nllt> Jr,l n veers. 2. 5uph en RemontA, envmllntsl coed(t(onet, rest t ! posy end othoe mdtl:ara s Ay appear of reoarJ. DEC 0 7 1995 DIVISION OF COASTAL MANAGEMENT IN wItNKAA N'N GneU�', flit Oephloe real hereunto sal lilt hand ntld eta1. M11 It corporate. hn round ibis InflffumpAI to 1t dtneA In ns tmrola{b hunt hY Ile duly n11wr1aeA flfrfq Ilul lit teal In be hirtunta at/trend by mulnielle, of It, b.ntd or nllietAIN, Ilit day and yI,, tifst remyt w f hoof / (eo4.u1Mt Nine+ .A Onnh C. Kenna rive a t }. r ,A •f 11nli.•Kenah ....r.. r..._.i. L... .....,........... Iftp,Al.l /.. -+ronn;i ; ,;;.. M1 ��' , ;d•�: ,r.'f«�4:. ,:..i, 6ecstlaty.tcoteolate teal) 1 ♦t�1- fa lit r1. ....ppsii.... ...... ...... ............... .................... .... .taCAl.) y 1 1 Nn{atY t'1i411c Ili Ilia CntnilY solid male alnt4kfiA, rrflltY that ..,?rfnli_ti. Npnnn and Ili c�w(fp.• . S Sterling 11 Kennel"` .............. ......................... ... _.._. ....... .. fitFM1laf. 7kj] tover the Ihle day end 1clthbwtedgeA the txadllon of tilt resettling Inatthmfnt. Wryness my sa'ti (.tYggOMMMION lit 1MNIC8r./•. j .. ... .. ........ 0 lit seal thin.asetf ..zA.4I,J+Ilmalmmt,h{nt.:._,tr �'i,j(.,.,.... l �°rc f7t...�•' (..�f a t;>:•:' Woolly rllbryr tr.Atsrn ib WORTH CAROLINA. ......... ..........................country, 11 a Notary Fehtie of she rminlY and Again afntMalA, faLLlty that ..................,....... ..... ... _...... ........ .. .. 9 pssnndty taro. before Inc this nay Aug arknowledttA that ,.... lit I . .............................. Aterelasr Ill Y................................._.. a North L'arrdtna tnrinnalbn. FAA that by anlhnrily Only given "I'd as nor aft el tilt rbfpOrallon. (lit tbftchhoe; indfdnitnt was dented Ili III uarne Ay Its ....... _.., 1'uelAtnl, s•a)fd with IN tofj,nrald 1e11 and attesltd by ....... as Its .......... .... ....... .. .. ....: street.. y. «` WIII1fil my hand and elflrinl dame set flat. this ....... day set ........... _,......,...,......_., It.,:...... Mi'rdinmhrlbu tvphol! ......................... ........ ...................... ..... ,,,..., tertiary rnbilr The forigbo.r Cenitka vest or .. ' .............................. NOr Ibfrta/etdlllld to b8 rosette. Thle In,lnirnenl and this bHllinsite art duly feglatfied at Ihr Olt' and Irene Mod In the 11 m.k and race alwwn an the llrfi rite h<rrat. MARY SUE OOTS nlnw 1•lanover .. t..... ..........,...,,,............,.._,.... .:.... HII0131' Kli nor ht:dht I'nit.......................... ....-... ...._COONIY by .. �:A.:':•..1. ...'. rr.�!'.. .............................. nrpplyJMaHtgeY-ni[nter of trredr 14,0 No Avon. fonntie 11, 1416. He Ised l9r7 minted by Ayleernpni wit. Ill, N.r, Oar Alin P(rnln l`rinp+:gGn.inr,.I`S)l4n bithnr. ry:doiph, llr'. 71f0.n UNITED STATES POSTAL SERVICE I II II I s� Official Business `� L�'i'F011 ¢itl M E U gl/pI�RW OF POSTAGE, M, 4 t DEC 181995 DIVISION OF COASTAL MANAGEMENT Print your name, address and ZIP Code here a s CENTURY/von Oesen Consulting Engineers P. O. Drawer 2087 o SENDER: D a Complete items t and/or 2 for additional services, a a Complete items 3, and 4a & b. a Print your name and address on the reverse of this form so that we can Y return this card to you. D •'Attach this form to the front of the mailpiece, or on the back if space o does not permit. L a Write"Return Receipt Requested" on the mailpiece below the article number Ca The Return Receipt will show to wham the article was delivered and the date delivered. ° 3. Article Addressed to: 4a. Art I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery ,nsult postmaster for fee. Number q-070 ( aP 4b. Service Type 8 /A�/� /K ❑ Registered ❑ Insureo H 1"-(�P�r'y`� M d uR �" rtified El COD Receipt for f ' "f I/ r /� ❑ Express Mail ❑Return I Merchandise --� ¢-57 Signature (Addrlssee) xl 6. Signature (Agent) 0 0 PS Form 3811, December 199' ✓ �0� O. MUVICJCCC D MUU,.,, IVllly 11 rcyuca tau and fee is paid) t F n u!) Po: 1e92-307-530DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business USE NALIXFC E IiSK POS' V DEC 18 DIVISION OF ^'�rr Print your namie,, ItAgsl j*Mw.WW & CENTURY/von Oesen . Consulting Fngineers P. O. Drawer 2087 Wilmington, North Carolina 28402 ➢R� LJJL,L�I��IIL�IrILIIILIIL�drIIJ��II��IJI��Llllil ! Complete items I and/or 2 for additional services. • C6mplete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach thi's form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date delivered. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 3. Article Addressed to: 48. Article/ umber / �utY (; aAl T Farwell 3 0 0,/ 9 a� 4b. Service Type Prin Ct� a —1 ❑ Registered ❑ insured E na` I Z L- (p 2-0 2 PKICertified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of DtUr2 0 1QOA 5. Signature (Addressee) S. Addressee's Address (Only if requested j and fee is paid) I I 1991 it U.S.41P.0.:19112-307-sw DOMESTIC RETURN RECEIPT