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HomeMy WebLinkAbout6-96 Miller, Paul & NancyI Permit Class Permit Number _Issued authorizing development Oriental STATE Department of Env , as requested in This permit, issued on J/,T/ 96 \ with the permit), all applicable regulations, special condi be subject to a fine, imprisonment or civil action; or may dated 10/16/95 and attached work plan pliance with the application (where consistent forth below. Any violation of these terms may to be null and void. 1) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will be conducted below the normal water level and will not exceed -4 feet below the normal water level. 3) To prevent siltation into the adjacent water body, the existing bulkhead shall remain in place during the high ground excavation and the new bulkhead installed before the old bulkhead is removed. (See attached sheet for Additional Conditions) This permbLaction 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. ger N. Schecter, Director Di rsion of Coastal Management This permit and its conditions are hereby accepted. Paul & Nancy Miller ADDITIONAL CONDTTIONs Permit #6-96 Page 2 of 2 4) All excavated materials will be confine Bove normal high water and landward of regularly or irregularly flooded marsh be ' ' s other retaining structures to prevent spillover of solids into any marsh or surround in t s. 5) The bulkhead must be constructedOto!a:5--attiffilling activities. 6) The bulkhead must be structurally tight o to ent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed f e �od, concrete slabs, metal sheet piles, or other suitable materials approved by Departm rsonnel. No excavation is permitted, except in the area shown on the 10-18-95 work plan and that necessary for the construction of the bulkhead wall and deadmen cables, etc. 8) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. Material excavated from the high ground basin would be suitable backfill material.. General 9) All disturbed areas as well as the spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. Permit Class Permit Number STATE Department of Env -y Major Devi pursuant to _ Excavation and/or Resources Concern :un Quan g puisuant to NCGS 113-229 to Paul & Nancy Miller, P. O. Box 932, Oriental, NC 28571 authorizing development in Pamlico County at canal adi. Greens Creek, Mainsail Point S/D. Oriental —,as requested in the permittee's application dated 10/16/95 and attached work lean dr_ ate^ 2, datPd 10/1 R/9/5 J This permit, issued on 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) ' In order to protect juvenile shrimp and fuifish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will be conducted below the normal water level and will not exceed -4 feet below the normal water level. 3) To prevent siltation into the adjacent water body, the existing bulkhead shall remain in place during the high ground excavation and the new bulkhead installed before the old bulkhead is removed. (See attached sheet for Additional Conditions) This permit action may be appealed by the pemtince 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. pager N. Schecter, Director Di• rsion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Paul & Nancy Miller Permit #6-96 Page 2 of 2 ADDmoNAL CONDITIONS 4) All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded marsh behind dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Bulkhead 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except in the area shown on the 10-18-95 work plan and that necessary for the construction of the bulkhead wall and deadmen cables, etc. 8) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. Material excavated from the high ground basin would be suitable backfill material. General 9) All disturbed areas as well as the spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. V" Permit Class Permit Number STATE Department of Envi ,.y I� Major Devi pursuant to -Iir Excavation and/or Natural Resources Concern '_'U25 "'.- x QUAY..,ACSR' to NCGS 113-229 to Paul & Nancy Miller, P. O. Box 932, Oriental, NC 28571 authorizing development in Pamlico County at canal adi. Greens Creek, Mainsail Point S/D. Oriental ,as requested in the permittee's application dated 10/16/95 and attached work plan drawing,;, I, dated 10/1R/9J5 This permit, issued on J/J-�9� , 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) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries.. 2) Excavation will be conducted below the normal water level and will not exceed -4 feet below the normal water level. 3) To prevent siltation into the adjacent water body, the existing bulkhead shall remain in place during the high ground excavation and the new bulkhead installed before the old bulkhead is removed. (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. i ger N. Schecter, Director Di ision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Paul & Nancy Miller Permit N6-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded marsh behind dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Bulkhead 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except in the area shown on the 10-18-95 work plan and that necessary for the construction of the bulkhead wall and deadmen cables, etc. 8) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. Material excavated from the high ground basin would be suitable backfill material. General 9) All disturbed areas as well as the spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. State of North Carolina Department of Environment, LTIWA Health and Natural Resources / • Division of Coastal Management James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary E Roger N. Schecter, Director January 16, 1996 Paul & Nancy Miller P. O_Box 932_ Oriental, 285 NC 71 Dear Sir & Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the --- Office of Administrative Hearings, 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, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer -%%recycled/ 10% post -consumer paper Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT D/i,,c �a / a. Landowner: Name /'9uL E 114We- X ///s L LL'/l Address bootMAanrPNL Omen(r R4 c3 Po Ole �r82 City (De ,c>✓ >a � State /y/ C Zip;2757/ Day Phone Vlo"J49 /Yq3 Fax b. Authorized Agent: /1jN�K f/A�OtYh,4A1 Name &)01, al /�JariNe ( �iac70rrj Address I1995 TQG� I�ABB/T L�4NE City 4eui Berxi State Nd 9/9- Zip �115/P 2 Day Phone (03S—(o1/0'7 Fax c. Project name (if any) NOTE: Permit will be issued in name of lando r(s), and/or project wme. 2. LOCATION OF PROPOSED PROJECT a. County fAgl"&CO 1'.1 rirnt (1 1 05 c. Street address or secondary road number &00% A01,417- Rd d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 69A/AL r0 6ree,u5 ('reek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. EXCf! ✓gT6 4 /t rounl W a e2 .t/ ^#A045 C19/V , q /,✓cL4E .60,g7 b. Is the proposed activity maintenance of an existing project, new work, or both? Vew We k c. Will the project be for public, private or commercial use? Pr i v a fe d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. TowA) o;'I%r,ea,4a1 - ei,,r a. Size of entire tract �CrJ1C �Zctcre (sees' oey)n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" an residential discharges.) R/ofa,c,1 c. Approximate elevation of tract above MHW or S u rc e �v n� o NWL S d. Soil type(s) and texture(s) of tract S/�NDV//—LDi41t'�I/ I p e. Vegetation on tract w'd^a5e, o_ra f i Ne / 4t oe09 woop � f. Man-made features now on tract 9DVuS , BvlkhPGd g. What is the CAMA Land Use Plan land classification of the site? (Cowult the local land we plan.) Conservation Transitional Developed ✓Community Rural Other h. How is the ft;,aact zoned by local government? Kt'S r (11eiy�)14z- i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach Zoning conphance cenificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No 1. Are there wetlands on the site? _ Yes _✓No Coastal (marsh) Other If yes, has a delineation been conducted? (Atach documentation, if available) o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION 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 7I.02031 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 Revised 03/95 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 _V1 Address /o � Phone B4 Name Address Phone Name Address Phone or/ v¢a /,, A(C a2F57j • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • 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. The 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 --46— day of Oc -r , 19-L. Print Name /PA U L eJ iil t L C CA - Signature 5LV twido~r or6oAorizd Agent Please indicate attachments pertaining to your proposed project. 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 of each form. Revised 03/95-..wk Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards / �5 ��•✓d5 , b. Type of material to be excavated 5/i VO Average FuW L,eagt6 Width E'6 Depth Pro Depthpth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? _ Yes ✓No channel o2Ob ajr. jO Lf (MLW) or (NWL) d. Highground excavation in cubic yards i!9O�, Canal 2. DISPOSAL OF EXCAVATED Boat / MATERIAL basin 5c.2 (p Group J Lf PrbF&5e-d r/ l r�uu��tre� a. Location of disposal area Boat 0A) C&C'r17/nkl ramp _ b. Dimensions of disposal area 3 0 x f ,15 Rock groin Rock breakwater Other (Excluding shoreline stabiluAtion) 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 be available for future maintenance? _ Yes _✓�To If yes, where? L "cold 17mue -Fa be trucked 5" e. NOV 0 1 =5 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 3. SHORELINE STABILIZATION a. Type of shoreline stabilization "Bulkhead Riprap b. Length J�OegfUK 70 c. Average distance waterward of MHW or NWL /!nbe- ti,a,d ev/st:et.ri bu/kbead d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months ,(/o,vr- (Source of information) f. TyIpeRo�f bulkhead L our Bp /y1;X)1A/E � g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill /Q/ /% h. Type of fill material All //9 i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes .-'No If yes, (1) Amount of material to be placed in the water All.R (2) Dimensions of fill area 1 /YT (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area AiA (2) Purpose of fill N//9' 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? 5, t4 EeA-ices w 1/ be use-d 0 .,e 0 A;6 f wov/d be a P�ublev» b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? i i-ae-k- hoe oe 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. --:Z�A' f//-� Appikant or Project Name /tit e ,e- Signawre fo-- /g- 95 Date Revised 03/95 /4'w,grc-R DEPTH At EXj5rjN6 B(J(KI{F qo -�-- 30 C-O?eURL xisr= 1 K he,d I' �e i �d 10 L o�.o- a de� b oQ 1,104lo� pAtd LINe � 9,q b� 9okk,&A ode ��t P�°��s Ll b tLp,c5�be f° 1 Khe -v' $GALE 'Af r-3; Nov 0105 �hkka� Q 1 RRm 60 R 10- 18- 95 f7f-0Pose d aoiq7 P FXCAV19rro1)+ PvlkhfoJ For Mr. ►oavl PION VieU) Grourro Lee I � e� �e P`Dop ► (o / �o b e exco v A L►' wpT6RDEPTk 5/4N D $a04+,D l l , me- k NOV 0 1 i� � ► �MMi�� •..w•wwwwwwis. Cross View or QroP u 1 heck -4 FXc,9vw710A) Fog Pllv/ Miller to- ►B-R� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul & Nancy Miller 2. LOCATION OF PROJECT SITE: Pamlico County, near the town of Oriental, in Mainsail Point Subdivision, at 6001 Mainsail Point Road, adjacent a manmade canal off Greens Creek. Photo Index - 1989: 2 120 4 (indexed by R-11) 1984: 52-1234 (indexed by F-7,8) State Plane Coordinates - X: 2,685,200 Y: 470,500 Oriental Quad "LL" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 25, 1995 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - November 1, 1995 Office - Morehead City 6. SITE'DESCRIPTION: (A) Local Land Use Plan Pamlico County 1992 Land Use Plan Update Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private boat slip (E) Wastewater Treatment: Existing - Town of Oriental sewer Planned - None (F) Type of Structures: Existing - Single family dwelling, storage shed, bulkhead Planned - Bulkhead (G) Estimated Annual Rate of Erosion: None Source - Site inspection 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other High ground 902 ftZ 3,750 W (D) Total Area Disturbed: 4,652 ftZ (E) Primary Nursery Area: Yes (F) Water Classification: SC NSW HQW Open: No 8. PROJECT SUMMARY: The applicants propose to excavate a 16' X 52' boat basin out of high ground and to bulkhead the resulting shoreline. FIELD INVESTIGATION REPORT: PAUL & NANCY MILLER/PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The applicants own lot #18 in Mainsail Point Subdivision near Oriental, adjacent a manmade canal off Greens Creek in Pamlico County. A single-family dwelling and storage shed are located on the .5-acre high ground lot. A 200'-long X 25'-wide X - 4'-deep access channel/canal provides access to Greens Creek. This canal adjoins the northeast comer of the property and flows in a northerly direction. As it approaches the applicants' property, the canal turns to the east and widens to 30'. It continues past the applicants' property for another 200' where it ends. Approximately 80' of the northern property line adjacent the canal is bulkheaded and about 70' of the eastern property line. An extensive black needlerush Juncus roemerianusl and giant cord grass S artina cynosuroidesl marsh is located along much of the northern and western property lines. A concrete boatramp adjoins the property to the east while a wooded area adjoins the property to the south. Greens Creek and the adjoining canal are designated Primary Nursery Areas. Greens Creek is classified as SC NSW HQ waters. The area is closed to shellfishing. Project Description Tilt ;r The applicants propose to excavate the corner of there bulkheaded lot to create a 16' X 52' private boat basin. The proposed depth of excavation would be -4' below NWL or the same as the controlling water depth of the adjacent canal. The shoreline created by the 16' X 52' cut would then be re-bulkheaded. Excavation behind the old bulkhead would be completed and the new bulkhead installed before the old bulkhead is removed. The spoils would remain on the site but would be placed on high ground near the western property line. Silt fences would be utilized to prevent any sedimentation/runoff problems. Anticipated Impacts The excavation of the basin would convert approximately 832 fP of high ground area into public trust waters and shallow estuarine habitat. The excavation project would remove approximately 100 yds3 of sandy material from high ground and another 125 yds3 from below the NWL. Approximately 70 W of high ground would be disturbed by the installation of the bulkhead tie -backs. Another 3,750 ft2 of high ground area would be consumed by the resultant spoils. Limited increases in turbidity would be anticipated as a result of the timing and methodologies used during the construction/excavation. M. Ted Tyndall - Morehead City Office - November 13, 1995 Form DCM-MP-1 ' APPLICATION (To be completed by all applicants) b. City, town, community or landmark Ds/e.,y 1. APPLICANT -la- / a. Landowner: Name PquL M,L L LrA Address 6001 ftl&w5 e Porn!- 0, Po 53or IT-3-9- City _ oa,6-ry -,-a L State /c,/ C Zip a F5'7 / Day Phone !710 218 / yq 9 Fax b. Authorized Agent: Name 60a5TQl A141/A)e �pi�/7/QCTOIS Address )g9� TQ�I; 1��82/T Li4NE City Al ea) 3 e ✓ xA State 9L1 L 9/9- Zip Day Phone &39-L/D'7 Fax c. Project name (if any) N07E: Perms, will be issued in name of /andowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County co c. Street address or secondary road number _ & DDI IWINSA/C AO/NT Rd d. Is proposed work within city limits or planning jurisdiction? Yes i/ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) _ E,9.VAL rD G'CeeNs Cree% 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. ExcfJV,97-9 /9 /e, x 5•2-area- 6 h,4L1 4 -OVAld O,V GZ YYI/¢,t/-/yl/1tiE c, AI GD,Q /a Pr, ✓ail S0A7' Slip . b. Is the proposed activity maintenance of an existing project, new work, or both? A)ew W61, k c. Will the project be for public, private or commercial use? 10r; ve 1�e 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. Exert 114 TW fo 2 V ' 1995 Revised 03/95 .� ........... ��waaa i�R Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER Toao v CHARACTERISTICS a. Size of entire tract �Ol01� t�2QCre (5eesutvey)n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash AlOfnao-1 down" and residential discharges.) c. Approximate elevation of tract above NEW or 5 v r-F&(_-e NWL S' d. Soil type(s) and texture(s) of tract o. Describe existing drinkingg water supply suurce. S4140V e. /—zaf4�+ ,t/ Vegetation on tract a dA&5,5 Yard . �—, l+AkbWOOD f. Man-made features now on tract l{oo5z Bultho d ti y S. ADDITIONAL INFORMATION g. What is/ the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Comutt the local land use plan.) following items must be submitted: Conservation Transitional Developed ✓Community Rural Other h. How is the Oct zoned by local government? KG5 i (1leAi;1l.4L i. Is the proposed project consistent with the applicable zoning? VYes No (Attach zoning conphance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes ✓No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli ible property? Yes No 1. Are there wetlands on the site? _ Yes No Coastal Coastal (marsh) Other If yes, has a delineation been conducted? (Attach donunentation, if available) • 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 8 112" 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 Revised-03195 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 Address Phone Name Address Phone Name Address Phone 0ree-uy`a-/,, A/C aS'S7/ • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • 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. Revised 03/95 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. The project will be subject to conditions and restrictions contained N 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 hermit 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 _/ day of Oc -r , 19�C-: Print Name /Pa uL c/Q . M s L C.C2 Signature T �L2 Y . bua"�,— lada ner or A rized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP4 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 of each form. Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project r nnoth Width Denth Deoth Access channel (MLW) or (NWL) eK15h< Canal Boat basin .� {erared Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabiliwion) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards IA5 cu,yafi b. Type of material to be excavated ?fiN4 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 ic�0 cu c�S, 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area r�rp�i �reu u�a£e� o.v Lo<rgTroa! b. Dimensions of disposal area 3 O K 1 A5 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 be available for future maintenance? _ Yes ti1lo -< If yes, where? /-U fU re y" A TES-° v19 L r�vvfd ! a�ve �a be true fed 4.0 a d 1 S Nov71-.: 0 1 1995 +� Revised 03/95 ,..._-_..____._--.-__......_. Ll ' ' ' ' 5�2 140 6'00 D q 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 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ✓Bulkhead Riprap b. Length14.e 2/'DK 70 " c. Average distance waterward of MHW or NWL /lv' bzh�ad Qxrsf;a.ia bU/khe�d d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months d lo.vr� (Source of information) f. Type of bulkhead or riprap material rn1;,k9;A✓E IRROff 2 g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill W bg h. Type of fill material n / I'y i. Source of fill material 411,,V 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes ✓No If yes, (1) Amount of material to be placed in the water A11,6 (2) Dimensions of fill area N�/e (3) Purpose of fill A' 1A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes I —No If yes, (1) Dimensions of fill area n/ A (2) Purpose of fill Al/l`> 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? 5 14 Fe.c44e5 io d be used aE I wl�e�e T-u uaf u,6alZ by a :�roblev» b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? T�ae-k-hoe — 3acP-1noe C. Will wetlands be crossed in transporting equipment to project site? _Yes LNo If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Pro ect Name �p�Q Mr. Paul A7'-wer Ml- /9- 9s Date Revised 03195 vy Lys mot\. `Lr' SCRLE MrER DEPtH x!r exrsr,N6 BvlxljFID _�*__ ?0"CrftvRC. x�S�K hectd b�t00 kk r`eL) P(DrA�vs LA e $v � dWyYM�w����• iiiiiiiNY�1 6DRt R �- ProPoSe�t Zoo-, 5)),fo 9:XCAvigTioA) + So Ikh, a For Mr. Paul M (l"" 491M VIeU-) Gr-ourto Leese I 60 " - o 6 e exco 1)/4 LI. VVATEROePTk sAH D $off+on , rve- I� I CrO5 5eelrowpt, View of �r�Pas� J;u lkheod a EXcr3v�1T/o�1 FoK P�rvl m�r��r BOOK 909, PACE 653 IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside each name, the day and year first above written. 2j,111 �I%t � �! —(SEAL) J seph C. McIntosh (SEAL) Maedene T. McIntosh NORTH CAROLINA PAMLICO COUNTY I, Teresa Faye Lane, a Notary Public in and for said county and state, certify that JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal/stamp, this day of June, 1995. My commission expires: ����SI, FA ye M NOTARY NORTH CAROLINA v� SEAL PAMLICO COUNTY ��cp COUNT The foregoing certificate of TERESA FAYE LANE, a Notary Public in and for Pamlico County, North Carolina is certified to be correct. Regis ei o Deeds BY: Assistant Register of Deeds PREPARED BY HOLLOWELL 8 HOLLOWELL ATTORNEYS AT LAW BAYBORO. NC. 28515 FILED ['►� l C Iit ." '95 JUL 31 Pn 3 51 NORTH CAROLINA . �tJO�j !OYCE E. CARAWAN 0 tdOV 0 OF DEEDS PAMLICO COUNTY,. �.i17 CJ , r v, .. .,..................w.wwn:. THIS DEED, made and entered into this 31st day of July, 1995, by and between JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, hereinafter called "grantors", and PAUL'.J.°MILLER and wife, NANCY M. MILLER, Post Office Box 932, Oriental, North Carolina 28571 , hereinafter called "grantees"; W I T N E S S E T H• That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, a certain lot or parcel of land in Number Five (5) Township, Pamlico County, North Carolina, particularly described as follows: Lq ,t y x Being all of Lot Eighteen (18) as shown on the map a entitled "Plan of Mainsail Point near Oriental, Pamlico H County, North Carolina", prepared by Floyd L. Suitt, CC.r-_ w m Jr., dated April 1973 as revised March 6, 1984 and tiq (D X recorded in Plat Cabinet A, Slide 13-2, Pamlico County {K CC ul Registry. Said lot is also shown on a map entitled "A SURVEY FOR PAUL J. MILLER and wife, NANCY M. MILLER', prepared by �3trr A. Hugh Harris, Jr., PE-RLS, dated June 23, 1995, copy of which is attached hereto and incorporated herein by reference. = a oF� Said land was conveyed to Joe C. McIntosh by Joseph E. W Qom, Rhodes and Arthur H. Rosen, d/b/a Mainsail Point Associates by deed dated July 22, 1983 and recorded in Book 222 at Page 77, Pamlico County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, in fee simple forever. And grantors, for themselves, their executors and administrators, covenant with grantees and their heirs and assigns, that they are seized of said premises in fee; that they have a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever, except those hereinabove stated; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. PREPARED BY HOLLOWELL 8 HOLLOWELL ATTORNEYS AT LAW BAYBORO. NC 28515 o WNN Y N N eooK 309 PAGE 654 E/p - EXISTING IRON PIPE S/P - SET IRON PIPE NPS - NO POINT SET CM - CONCRETE mowbENT � N N C1 z m O ci m J" m {. C-1 . �'o<s � >1'' •C.� me ��4%-pROLI490 416 ��,9tiy iu lNo :L• SP,O4• 3 65 Cop SIT � VICINITY MAP 15 i 30 CHANNEL ti k� �• N s pW1f111NG yd cn (olel � 15 485 40 �. Y! g 41' 2O EO p0 C .SCALE : I" = SU 0' 25' S0' 100, PREPARED BY A. 11UG11 IIARR/S , IR. PROFESSIONAL ENGINEER REGISTERED LAND SURVEYOR ORIENTAL , N.C. DATE: JUNE 23. 1995 JOB NO. 1940 SCALE: t' = 50' DRWN. BY ,6W NO. REFERENCE: A DEED, RECORDED IN DEED BOOK 222. PAGE 77. OF THE PAMLICO COUNTY REGISTRY. REFERENCE -A MAP OF 'MAINSAIL POINT'; RECORDED IN MAP BOOK 6, PAGE 47, OF THE PAMLICO COUNTY REGISTRY, BASED ON FLOOD INS. RATE MAP NO. THIS PROPERTY S LOCATED IN AN A57FLOOD ZONE, AND IS WITHIN THE !00 YEAR FLOOD BOUNDARY. • THIS SURVEY IS OF AN EXISTING PARCEL. RIPARIAN RIGHTS HAVE NOT BEEN OETERMRVED OR CONSIDERED BY THIS SURVEY. Ei0U 0 1 a.� I:! A SURVEY FO,Q Paul L/.- Miller And Me Nancy M. Miller MoInsoll Polnl" j TOWNSHIP PAMLICO COUNTY ,I. DMSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING R A) a APPLICANT: Paul & Nancy Miller COUNTY: Pamlico LOCATION OF PROJECT: @ 6001 Mainsail Point Road in Mainsail Point Su manmade canal off Greens Creek, near the Town of Oriental DATE APPLICATION RECEIVED COMPLETE BY FIELD: November 1, 1S FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES l y l 1 M ON;7 MN:N:1. Y V:V Y N/:t=I l=`�I lPfif Cl i t DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN RALEIGH: DISTRICT OFFICE: RfC4 Ov NOV 15+19a MA11�uzf'ENT a FEE REC D: $ PUBLIC NOTICE REC'D: (qA\n&jod> / END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: \�� ON: C) 75 DAY DEADLINE: _ 1 S . q MAIL OUT DATE: D FEDERAL DUE DATE: 150 DAY DEADLINE: /.2- t3-ri f STATE DUE DATE: (,Z - 8 — FED. COMMENTS REC'D: sr �o PERMIT FINAL ACTION: ISSUE DENY DRAFT ON / - 3 - y� AGENCY DATE CON39ENTS RETURNED OBJECTIONS YES NO NOTES r N rA i -i --s Coastal Management Dist. Office _ Div. of Community Assistance Land Quality Section (Z--If (a 14f, W.1jr-4.) Div. of Env. Management State Property Office Div. of Archives & History I� % Div. of Env. Health Div. of Highways ! d� Wildlife Resources Commission q/ Div. of Water Resources J — Div. of Marine Fisheries y. �Z�_01 S L�9 MEMORANDUM iA N95 I i TO: Doug Huggett FROM: lvi"FAMiftdallx � SUBJECT: Field Recommendation and Conditions for Paul & Nancy Miner's Major Permit Application -- Pamlico County DATE: December 18, 1995 The applicants propose to excavate a high ground boat basin and to bulkhead the resulting shoreline. And although the applicant could have made minor changes in the size of the basin to fall within the criteria for the General Permit for high ground basin excavation, the fact that the canal adjacent to Greens Creek is a Primary Nursery Area prevented use of the GP. Consequently, the applicant applied for a permit through the CAMA Major Permit process. The proposed development is consistent with the General and Specific Use Standards for both 7H.0208 and 7H.0209. Therefore, I have no objections to the project as proposed but do offer the following conditions: 1. In order to protect juvenile shrimp d fmfish populations"excavation filling will be permitted between D andof any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2. Excavation will be conducted below the normal water level and will not exceed -4 feet below the normal water level. 3. To prevent siltation into the adjacent water body, the existing bulkhead shall remain in place during the high ground excavation and the new bulkhead installed before the old bulkhead is removed. 4. The bulkhead must be constructed prior to any backfilling activities. 5. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 6. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except in the area shown on the 10-18-95 work plat and that necessary for the construction of the bulkhead wall and deadmen cables, etc. 7. All backfill material will be obtained from a highground source and confined behind Doug Hugget memo December 18, 1995 Page 2 the permitted bulkhead. Material excavated from the high ground basin would be suitable backfill material. 8. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 9. All disturbed areas as well as the spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. cc: Charles Jones Raleigh Bland, COE 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 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: November 14, 1995 Kathy B. Vinson, District Planner Division of Coastal Management John R. Parker, Jr. Major Permits Processing Coordinator ID FE F=11' CAMA/DREDGE & FILL Permit Application Review Paul & Nancy Miller Proposed Project: °'� RECEIVED DEC 6 1995 .. M1RAS:..�ciriE1YT , 0 6001 Mainsail Point Road in Mainsail Point Subdivision, adjacent a manmade canal off Greens Creek, near the Town of Oriental, in Pamlico County to excavate a boat basin and construct a bulkhead Please indicate below your office's position or viewpoint on the proposed project and return this form by December 5, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: i/ This office has no objection to the project as proposed. CA2yyyr� GGr�lcc� This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIG (/Irtyry�, DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper MEMORANDUM: TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Paul and Nancy Miller, Mainsail Point Subdivision, Pamlico County DATE: December 4, 1995 The Millers' property is located at 6001 Mainsail Point Road in Mainsail Point Subdivision, adjacent a manmade canal off Greens Creek, near the Town of Oriental, Pamlico County. They propose to excavate a 16' by 52' boat basin out of high ground and to bulkhead the resulting shoreline. AECs impacted by ,the work include the Estuarine Shoreline, Estuarine Waters and Public Trust Areas. Waters at the site are classified as SC NSW HQW and are closed to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 1992 Pamlico County Land Use Plan (LUP) Update and offer the following comments. The general area of the project is classified as Rural with Services, while the AECs impacted by the work are classified as Conservation I (Estuarine Shoreline) and Conservation IV (Public Trust Areas and Estuarine Waters). The Pamlico LUP establishes a permanent conservation zone within seventy-five feet of the mean high water level for all shorelines bordering Primary Nursery Areas and other estuarine and public trust waters. Development activities in this zone (which corresponds to the Estuarine Shoreline AEC impacted by this proposal) are strictly limited for properties subdivided pursuant to the County's Subdivision Ordinance after January 26, 1990. According to the Pamlico County Inspections Office, this subdivision predates the effective date, and therefore these restrictions do not apply to the Millers' property. Pamlico County allows all uses which are consistent with the 15A NCAC 7H Use Standards in the Conservation IV classification. Applicable LUP policies include Resource Production and Management Policies for Marine Resource Areas (Page IV-14). These policies restate Pamlico County's support for the use standards for Estuarine and Public Trust Waters as specified in 15A NCAC 7H. Bulkhead policies are included on Page IV-10 of the LUP and also state support for bulkheads which are constructed in accordance with the state minimum standards and the North Carolina State Building Code. The Pamlico County LUP also places density restrictions on properties located in the Rural with Services classification. However, the LUP exempts subdivisions and platted lots in existence prior to the adoption of this plan (July 20, 1992) from the Rural with Services density requirements. Since the Mainsail Point Subdivision predates the effective date of these requirements, no determination of consistency with these particular policies is required. Based on the above policies and land classifications, this proposal appears to the-consiaftnt with the 1992 Pamlico County Land Use Plan, provided all state requirements are met. CC: Preston Pate Charles Jones Ted Tyndall Joan Leary Im 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 November 22, 1995 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul & Nancy Miller PROJECT LOCATION: Mainsail Point S/D, 6001 Mainsail Pt. Rd., Pamlico Co. ROPOSED PROJECT: To renew Permit #132-89 which authorizes a 99-slip marina. Please indicate below your agency's position or viewpoint on the proposed and return this form by December 13, 1995. 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 �ML, WQ-dc0�' Date i Z - 5-- ezat$4•rl J4,1 ; kt- Coord; ��, NCw12C 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/ 1 o%post-consumer paper ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: �� William Wescott, Coastal Habitat Coordinator Habitat Conservation Program DATE: December 8, 1995 SUBJECT: CAMA/Dredge and Fill Permit Application for Paul and Nancy Miller, Mainsail Point S/D, Green Creek, near Oriental, Pamlico County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on December 7, 1995. °/, 6L ments are provided in accordance with provisions of the Fish and Wildlife Coordi Plr c, �44e„„* 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management SGo 4,,,.h} ;-h 113A-128). The applicants propose to exca 52 ft. private boat basin. The propost same as the controlling water depth G„/� r.qs C4 �G f ed lot to create a 16 ft. x s� -4 ft. below NWL or the ft. cut would then be re-bulkheaded. Waw., and are closed to shellfishing. The waters at the p, , Area. ene created by the 16 ft. x 52 Aassified as SC NSW HQW .o classified as Primary Nursery The primary adverse impact anticipated to result from the project is turbidity associated with dredging. Elevated turbidity could reduce water quality in this area and stress marine organisms. Excessive turbidity is particularly damaging to egg and larval life stages of marine organisms. The project site is located in high quality waters and a primary nursery area; therefore, we recommend that excavation be prohibited between April 1 and September 30. We also recommend that silt booms be placed across the canal during excavation to contain turbidity. Silt booms should remain for 72 hours after project completion. I Thank you for the opportunity to review and comment on this project. If you need fiuther assistance or additional information, please contact William Wescott at (919) 927-4016. W W/fin SN�R�9 va MEMORANDUM TO: JOHN R. PARKER, JR. FROM: Katy West DATE: DECEMBER 22 1995 SUBJECT: Paul/Nancy Miller Mainsail Pamlico Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) 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 November 14, 1995 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator 1\ ' E)l FE 1=1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul & Nancy Miller Project Location: Q 6001 Mainsail Point Road in Mainsail Point Subdivision, adjacent a manmade canal off Greens Creek, near the Town of Oriental, in Pamlico County Proposed Project: to excavate a boat basin and construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 5, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. 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. JVIV 4 4, A., L. ✓. 6, - i to This agency objects to the project for reasons described in the attached comments. SIGNED )64 &Ce, % DATE I E- 12ec, , Lk /9 i c P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management �I James B. Hunt, Jr., , Secretary ID C u F1 Jonathan B. Howes, Secreta C l�l N f� A. Preston Howard, Jr., P.E., Director Division of Environmental Management Water Quality Section MEMORANDUM W `" 6"" O�C��''�N,ENt To: John Parker fp vNpG From: John Doqp < Date: December 18, 1995 9 Subject: Paul and Nancy Miller project Pamlico County DEM has no objections to the issuance of the CAMA project to excavate a boat basin out of high ground and construct a bulkhead. Please call me at 733-1786 if you have any questions. cc: Washington DEM Regional Office Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper an 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 MEMORANDUM TO: FROM: SUBJECT: December 12, 1995 P. A. "Ski" Wcjciechowski Division of Marine Fisheries John Parker Major Permits Processing Coordinator \` • *� IDEHNF1 CAMA/Dredge and Fill Permit Application Review ��Ertr�p GUA,�IAL 1GEMENT APPLICANT: Aral & =_ '�4 �- PROJECT LOCATION: In Mainsail Point S/D, at 6001 Mainsail Pt. Rd., Pamlico Co. PROPOSED PROJECT: To excavate a boat basin out of highground and bulkhead the resulting shoreline. 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 infra -agency commenting. REPLY 4h// There are no known public trust conflicts with the project location or 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 J /0100, P.O. Box 27687, Weigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper priv 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 November 14, 1995 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator rr � C> FE F1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul & Nancy Miller Project Location: Q 6001 Mainsail Point Road in Mainsail Point Subdivision, adjacent a manmade canal off Greens Creek, near the Town of Oriental, in Pamlico County Proposed Project: to excavate a boat basin and construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 5, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: ,i 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 j % . DATE / 4r P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper s 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 November 14, 1995 MEMORANDUM: TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator •�' IDEHNF1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DEC, 1p9" MA%j 6ENT Applicant: Paul & Nancy Miller Project Location: Qa 6001 Mainsail Point Road in Mainsail Point Subdivision, adjacent a manmade canal off Greens Creek, near the Town of Oriental, in Pamlico County Proposed Project: to excavate a boat basin and construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 5, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �i/�`i` c/ �� DATE /Z T P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 811-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper W 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 November 22. 1995 MEMORANDUM A4 E:)EHNF1 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul & Nancy Miller PROJECT LOCATION: Mainsail Point S/D, 6001 Mainsail Pt. Rd., Pamlico Co. PROPOSED PROJECT: To excavate a boat basin out of highground, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 1995. 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 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 November 22, 1995 MEMORANDUM ALT!?FA IT7 JrA E:)FEE HNR TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul & Nancy Miller PROJECT LOCATION: Mainsail Point S/D, 6001 Mainsail Pt. Rd., Pamlico Co. PROPOSED PROJECT: To renew Permit #132-89 which authorizes a 99-slip marina, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 1995. 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 art ed comments. Signed L2 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 November 22, 1995 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History A&4 E),FEE HNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul & Nancy Miller PROJECT LOCATION: Mainsail Point S/D, 6001 Mainsail Pt. Rd., Pamlico Co. PROPOSED PROJECT: To excavate a boat basin out of highground, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 1995. 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. dw This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date /S�l P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919.733-1495 An Equal Opportunity Affirmative Action Employer 5o%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 November 22, 1995 MEMORANDUM RECEIVED �•• 8i596 DEC 4 1995 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Paul & Nancy Miller PROJECT LOCATION: Mainsail Point S/D, 6001 Mainsail Pt. Rd., Pamlico Co. PROPOSED PROJECT: To excavate a boat basin out of highground, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 1995. 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. 1145, This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date /' 3 S 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul & Nancy Miller 2. LOCATION OF PROJECT SITE: Pamlico County, near the town of Oriental, in Mainsail Point Subdivision, at 6001 Mainsail Point Road, adjacent a manmade canal off Greens Creek. Photo Index - 1989: 2 120 4 (indexed by R-I1) 1984: 52-1234 (indexed by F-7,8) State Plane Coordinates - X: 2,685,200 Y: 470,500 Oriental Quad "LL" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 25, 1995 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - November 1, 1995 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County 1992 Land Use Plan Update Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private boat slip (E) Wastewater Treatment: Existing - Town of Oriental sewer Planned - None (F) Type of Structures: Existing - Single family dwelling, storage shed, bulkhead Planned - Bulkhead (G) Estimated Annual Rate of Erosion: None Source - Site inspection 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other High ground 902 W 3,750 ft2 (D) Total Area Disturbed: 4,652 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SC NSW HQW Open: No 8. PROJECT SUMMARY: The applicants propose to excavate a 16' X 52' boat basin out of high ground and to bulkhead the resulting shoreline. FIELD INVESTIGATION REPORT: PAUL & NANCY MILLER/PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The applicants own lot #18 in Mainsail Point Subdivision near Oriental, adjacent a manmade canal off Greens Creek in Pamlico County. A single-family dwelling and storage shed are located on the .5-acre high ground lot. A 200'-long X 25'-wide X - 4'-deep access channel/canal provides access to Greens Creek. This canal adjoins the northeast corner of the property and flows in a northerly direction. As it approaches the applicants' property, the canal turns to the east and widens to 30'. It continues past the applicants' property for another 200' where it ends. Approximately 80' of the northern property line adjacent the canal is bulkheaded and about 70' of the eastern property line. An extensive black needlerush Juncus roemerianusl and giant cord grass S artina cynosuroidesl marsh is located along much of the northern and western property lines. A concrete boatramp adjoins the property to the east while a wooded area adjoins the property to the south. Greens Creek and the adjoining canal are designated Primary Nursery Areas. Greens Creek is classified as SC NSW HQ waters. The area is closed to shellfishing. Project Description T hair The applicants propose to excavate the corner of there bulkheaded lot to create a 16' X 52' private boat basin. The proposed depth of excavation would be -4' below NWL or the same as the controlling water depth of the adjacent canal. The shoreline created by the 16' X 52' cut would then be re-bulkheaded. Excavation behind the old bulkhead would be completed and the new bulkhead installed before the old bulkhead is removed. The spoils would remain on the site but would be placed on high ground near the western property line. Silt fences would be utilized to prevent any sedimentation/runoff problems. Anticipated Impacts The excavation of the basin would convert approximately 832 ftZ of high ground area into public trust waters and shallow estuarine habitat. The excavation project would remove approximately 100 yds3 of sandy material from high ground and another 125 yds3 from below the NWL. Approximately 70 ftZ of high ground would be disturbed by the installation of the bulkhead tie -backs. Another 3,750 ftZ of high ground area would be consumed by the resultant spoils. Limited increases in turbidity would be anticipated as a result of the timing and methodologies used during the construction/excavation. M. Ted Tyndall - Morehead City Office - November 13, 1995 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management James B. Hunt, Governor p FEE N Fit B. Howes, Secretary Roger N. Schecter, Director NJ& and Mrs. Paul Miller Post Office Box 932 Oriental, NC 28571 Dear Mr. and Mrs. Miller: November 13, 1995 The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 6001 Mainsail Point Road, in Mainsail Point Subdivision, adjacent a manmade canal near Oriental in Pamlico County. It was received on November 1, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 15, PPW.. 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, M. Ted Tyndall Field Representative MTT Enclosure cc: John Parker Charles S. Jones P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier it 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper BOOK 306 PACE 653 IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside each name, the day and year first above written. v (SEAL) J seph C. McIntosh (SEAL) Maedene T. McIntosh NORTH CAROLINA PAMLICO COUNTY I, Teresa Faye Lane, a Notary Public in and for said county and state, certify that JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal/stamp, this day of June, 1995. My commission expires: 61gl q NORTH CAROLINA PAMLICO COUNTY The foregoing certificate of TERESA FAYE LANE, a Notary Public in and for Pamlico County, North Carolina is certified to be correct. r i` BY: Assistant Register of Deeds PREPARED BY HOLLOWELL 8 HOLLOWELL ATTORNEYS AT LAW BAYBORO. NC 28515 QL U. yi ) X „ U) F ,._ _I rn w m 4V N X ¢w i Q =Z O o a m V PREPARED BY HOLLOWELL 8 HOLLOWELL ATTORNEYS AT LAW BAYBORO. NC 28515 BOOK . �t . j w-, 10,- FILED '95 JUL 31 PN 3 51 NORTH CAROLINA NOV 0 1 U JCYCE E.CARAWAN OF DEEDS PAMLICO COUNTY ,,i,yT•{ �, THIS DEED, made and entered into this 31st day of July, 1995, by and between JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, hereinafter called "grantors", and PAUL J. MILLER and wife, NANCY M. MILLER, Post Office Box 932, Oriental, North Carolina 28571 , hereinafter called "grantees"; W I T N E S S E T H• That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, a certain lot or parcel of land in Number Five (5) Township, Pamlico County, North Carolina, .3articularly described as follows: Being all of Lot Eighteen (18) as shown on the map entitled "Plan of Mainsail Point near Oriental, Pamlico County, North Carolina", prepared by Floyd L. Suitt, Jr., dated April 1973 as revised March 6, 1984 and recorded in Plat Cabinet A, Slide 13-2, Pamlico County Registry. Said lot is also shown on a map entitled "A SURVEY FOR PAUL J. MILLER and wife, NANCY M. MILLER', prepared by A. Hugh Harris, Jr., PE-RLS, dated June 23, 1995, copy of which is attached hereto and incorporated herein by reference. Said land was conveyed to Joe C. McIntosh by Joseph E. Rhodes and Arthur H. Rosen, d/b/a Mainsail Point Associates by deed dated July 22, 1983 and recorded in Book 222 at Page 77, Pamlico County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, in fee simple forever. And grantors, for themselves, their executors and administrators, covenant with grantees and their heirs and assigns, that they are seized of said premises in fee; that they have a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever, except those hereinabove stated; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. ter- �� •ia 1 Y x lul R7 co •• f- 11_1 W y f'- 47 N X air r[ w FILED '95 JUL 31 PM 3 51 NORTH CAROLINA 'CYCE E•CARAR'AN r)�V ® iU1 R101'aTFR OF DEEDS PAMLICO COUNTY ytlytiwewwwww..ww.ww.w wwFNft#kn THIS DEED, made and entered into this 31st day of July, 1995, by and between JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, hereinafter called "grantors", and PAUL!J.'MIhLER and wife, NANCY M. MILLER, Post Office Box 932, Oriental, North Carolina 28571 , hereinafter called "grantees"; W I T N E S S E T H• That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain,'sell and convey to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, a certain lot or parcel of land in Number Five (5) Township, Pamlico County, North Carolina, .3articularly described as follows: Being all of Lot Eighteen (18) as shown on the map entitled "Plan of Mainsail Point near Oriental, Pamlico County, North Carolina", prepared by Floyd L. Suitt, Jr., dated April 1973 as revised March 6, 1984 and recorded in Plat Cabinet A, Slide 13-2, Pamlico County Registry. d bw Said lot is also shown on a map entitled "A SURVEY FOR PAUL J. MILLER and wife, NANCY M. MILLER', prepared by A. Hugh Harris, Jr., PE-RLS, dated June 23, 1995, copy of which is attached hereto and incorporated herein by reference. - Q _Z Said land was conveyed to Joe C. McIntosh by Joseph E. Qom, Rhodes and Arthur H. Rosen, d/b/a Mainsail Point Associates by deed dated July 22, 1983 and recorded in Book 222 at Page 77, Pamlico County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Paul J. Miller and wife, Nancy M. Miller, and their heirs and assigns, in fee simple forever. And grantors, for themselves, their executors and 0o administrators, covenant with grantees and their heirs and O assigns, that they are seized of said premises in fee; that they I- M have a perfect right to convey the same in fee simple; that the z�- same are free and clear of all encumbrances whatsoever, except D w those hereinabove stated; and that they will warrant and defend H M o the title to the same against the lawful claims of all persons whomsoever. PREPAKE" BY HOLLOWELL 8 HOLLOWELL ATTORNEY5 AT LAW BAYBORO. NC 28515 P 26O 347 251 US Pastel Servica Receipt for Certified Mail No Insurance Coverage Provided. Do flat use for Inlernntinnal Mall 1q. mvmm�t Swe to r , VIP -501-DN Sir I8 4v bw 1 /+ Post I1ca, 5fa10.11 Coo Postego $ Cer%ad Fee SPedal CaNmryFee RcslrlGed Doli.ery Fee neWrn Reciig't '-- Whwn &Cate M remd RerunWlro'TA ToYAM, raia,d Adnras F65ees t TOTALyas� PoSCneik Cf\d21 ' 2LO 347 252 US Postal Sorvico Receipt for Certified Mail Ho Insumnco Covofago Proviued. Do not use for Interns 6naar se.m ra..., ... G'.t 6"X Izr.;y f'os1 O�iice, Slafo, 8 ZIP C o Postage s r C Iifed Foe SPedal0oliveryFee Roshfctad O+'.'cry Fca N c Rnlum RocelplShmnng to OW iOIALPo1rge&Feos C9 PeSiine(I; Or OaIO ' W UD I LI iJ I fA rn T BOOK J6:1 FACE 653 IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside each name, the day and year first above written. l,l. ( SEAL ) J seph C. McIntosh ( SEAL ) Maedene T. McIntosh NORTH CAROLINA PAMLICO COUNTY I, Teresa Faye Lane, a Notary Public in and for said county and state, certify that JOSEPH C. McINTOSH and wife, MAEDENE T. McINTOSH, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal/stamp, this day of June, 1995. My commission expires: /g/q01� , N FAY, Y� NOTARY a SEAL NORTH CAROLINA �,y V PAMLICO COUNTY ��cp COU[S� The foregoing certificate of TERESA FAYE LANE, a Notary Public in and for Pamlico County, North Carolina is certified to be correct. PREPARED BY HOLLOWELL 8 HOLLOWELL ATTORNEYS AT LAW BAYBORO. NC 28515 BY: Assistant Re of Deeds