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HomeMy WebLinkAbout140-96 Nestor, JosephPermit Class NEW STATE OF NORTHCAROLINA Department of Environment,-1-Iealth'& Natural Resources j ,`,,,;. . and—',, n`•. Coastal Resources. Commission Prri�tt X - fora ,. - Major DevelopmenYin an Area_ofErivironmental Concern pursuant to NCGS X Excavation and/or filling pursuant to NCGS 113-229 Issued toJoseph Nestor, 42 Camden Point, Shiloh, NC 27974 Permit Number 140-96 authorizing development in Camden County at Albemarle Sound, 319 Sailboat Rd., Camden Point Shores S/D , as requested in the permittee's application datedreceived 7/30/96, including attached work drawings. 3, dated received 7//30/96. This permit, issued on `6 9 lO 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. Shoreline Stabilization 1) The bulkhead shall not extend waterward more than five (5) feet from the normal water level (NWL), except that in the deeply eroded pockets the bulkhead may extend further, not to exceed fifteen (15) feet. 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction.. 3) The bulkhead must be constructed prior to any backfilling activities. (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. - trrs RogerWS6ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Form DCM-MP-1 \N�_ 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 7+ acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 3 feet d. Soil type(s) and texture(s) of tract Sand, Sandy loam e. Vegetation on tract Yard grass, reeds on fringe f. Man-made features now on tract Single family dwelling g. What is the CAMA Land. Use Plan land classification of the site? (Cansalf the local laid we plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerfificare, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X 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 x No 1. Are there wetlands on the site? X Yes — No Coastal (marsh) X Other X If yes, has a delineation been conducted? X (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Septic tank, drainfield 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.) Surface runoff 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 tide 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 tide, 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 Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. o 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 Camden Point Association Address Box 9 Camden Point Phone Shiloh, NC 27974 Name Address 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. CAMA GP 8208A 1 duly '91 CANA GP 12732A 15 Sept. '93 • 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. i Ul j p i9;•': 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 day of , 19_ Print Name Signature Lando r or Authorized 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 -JaTeph /\look BULK HEAD Al r ,S - - - - - GR4De Level 1, , X 10 TIE RO 6X6' 4 X6 L BULK K HCADIADING �r-�-,j ALL 2.5SALT TReAT�dLUMDER 6'X 6" X 6' DEAD MAN F,L�er Cyy r H WQTeR LeveL BoT+om - ----- --- ' JUL 3 0 1996 l'0` Tlt-U Is 3'0" TO 46 OR 7o GR, N 0 T T, EXCEED 4' N ot- u THAN lS'c t I I I .. xposND `� DEADMrNy. I I CANAL ►.. I I I 1 GRAND I C-J)PA L /AREA 7"D eG' - R►+' RAPpEV SD' yL .. k XisT�r�� ERdDt 1'Ro pose Gl £3�IKhe�ol Ah�NMev NWL ` EX15T/alfr - CO)VUE) croalKhLo,4o rugr H43 kRODEb 1 \\EX15T►n��' RIB UPBOIKH6l Veb SIIORCkING AR1:A Ir' DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 13, 1996 Regulatory Branch Action ID No. 199G05005 and State Permit No. 140-96 Joseph Nestor 42 Camden Point Shiloh, North Carolina 27974 Dear Mr. Nestor: Reference your application for a Department of the Army (DA) permit to construct a wooden bulkhead and place riprap material along an eroding shoreline, on property located off State Road 1163, adjacent a manmade canal to the Albemarle Sound, in Camden Point Shores, Camden County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plans. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh land, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 -2- Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker Division of Coastal Management Yorth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries -Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 RECOVEO NOV 20 1996 MANAGEME11i State of North Carolina Department of Environment, Health and Natural Resources 1 • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director October 21, 1996 Mr. Joseph Nestor 42 Camden Point Shiloh, NC 27974 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. 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, 7o R. Parker, Jr. Major.Permits Processing.Coordinator JRPJr/amw Enclosure P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nig" C An Equal Opportunity/Afflrmative Action Employer Voice 919-733-2293 � 50% recycled/10% post -consumer paper Stc'te of N i t Carolina Departme t EnvironrT`c:r �t, F' Health an N h:<<.i Resout..eS Division of C ! Manor -ent James B. Hunt. Jr., Governor ;'; Jonathan S. Howes Secr:,tary r+ Roger N Schecter. ui:ectoi August 28, 1"6 RE , NIENIORAI`DUNI TO: Ms. Linda Sewall, Director Division of Environmental Health FROM. Jului Parker. Jr. Major Permits Processing Coordinator SUBJECT: CA_NIA;DRE1DGE & FILL Permit Application Rev ien APPLICANT: Joseph Nestor PRCIJEC T LOCATION: 319 Sailboat Rd. (SR] 1063), Albemarle Sowid, ( air.dcn, f):, : Co PROPOSED PROJECT: To ,.oustruct 252' of Nvooden bulkh.-ad and .i0' of nprap, e%- Please indicate below ya:u a_enc)'; poiibon or vid::point on the prarposec' project sand -eturn thus fC rr-a �y September 18, 1996, if you have any questions m.larding the propused projeeL please coutact J(Au, Pa, &.r at'33-2293. When appropriate, in-depth comments with suppc-ivq, draw arc re%luested REPLY-- fhis agencyhas no ;. bleoion to the ptvjec! 25 - TNs agency ha. no cornment un th- prop"sed nroj � _ This agency approves of the prat , .,nh. if the reconunerdee chanties are f(/ incorporated. See attached. f li> agenc)objects to t1.:_ project fur reason:, Junk ub8' :n th. ._!:i,! Signed 1 i r v P.O. sox 276e: Raleigh. North Carolina 2 j , Ma Cj ,uu C;^.portunitY/AfrrmarNc� Pctwr urG ay Voice 919-733-2291 rr.,r , a- ,, tacyclea•I pas!- rsumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Joseph Nestor 42 Camden Point Shiloh, NC 27974 Dear Mr. Nestor. AX.K;WA 17 EDEHNR October 11, 1996 Camden County DWQ Project # 960827 COE #199605005 You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose of stabilizing a shoreline at 319 Sailboat Road, as you described in your application dated 27 August 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM Sincerely, R.cAu'd, Jr. P.E. OCT 15 '1" t,s�rs 960827.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 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 RECEIVED Jonathan B. Howes, Secretary Roger N. Schecter, Director AUG 2 71996 96027 [DEHNFR ENVIRONMENTAL SCIENCES HV WASH NGTONEOFFICE August 21, 1996 AUG 2 6 I9t D.$IL MEMORANDUM TO: Mr. A. Preston Howard, Director , Division of Water Quality FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph Nestor Project Location: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Proposed Project: To construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. 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. Signed 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 nttanhoA nnmmvnta. Date TJD % 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AtflrmatNe Action Employer 50% recycled/ 10% post -consumer paper - - , DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph Nestor 2. LOCATION OF PROJECT SITE: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Photo Index - 1989: 147-7 (S-14,15, T-14,15) . 1984: 124-729 (G,H-18) 1978: (E,F-21) State Plane Coordinates - X: 2894000 Y: 895750 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/12/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 30, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Camden County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Field Planned - N/A (F) Type of Structures: Existing - Single Family Dwelling Planned - N/A (G) Estimated Annual Rate of Erosion: 0' at protected shorelines 2' at unprotected shorelines Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 208 square feet (B) Non -Vegetated Wetlands (C) Other Shallow Water Habitat 1,096 square feet (D) Total Area Disturbed: 1,304 (.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. SITE DESCRIPTION The applicant owns an approximately seven acre tract in the Camden Point Shores Subdivision, Shiloh Township, Camden County. The tract is bounded on the north by Sailboat Road, SR 1163, on the east by a man-made canal known as the "Grand Canal", on the south by the Albemarle Sound and on the west by a freshwater wetland area. The tract elevation is approximately three feet and the soils are sandy, most likely spoil from the adjacent canal. Man-made features include a single family dwelling with an outbuilding, a driveway, a 160' x 120' basin, approximately 585' of wooden bulkhead, 20' of rip rap and 150' of composition and concrete capped bulkhead which is failing. Remnants of, this bulkhead exist along the entire shoreline of the canal. CAMA General Permits 9208A and 12732A were issued 1 July 1991 and 15 September 1993 respectively, for the wooden bulkhead which begins at a washout of the existing composition bulkhead in the boat basin and ends on the Albemarle Sound at a sandy beach shoreline. The applicant constructed the wooden bulkhead two feet waterward of the composition bulkhead wherever he was allowed. Two washouts have occurred along the basin shoreline where the original bulkhead is missing and the original deadmen are exposed. Non -coastal wetland areas have emerged in these eroded areas with common reed (Phragmites) being the dominant plant. The tract is vegetated with yard grasses and is mowed regularly. Loblolly pine (Pinus taeda) is the prevalent tree species with a few bald cypress (Taxodium distichum) along the shoreline of the sound. Waters of the Albemarle Sound are classified as SB by the Division of Environmental Management. DEVELOPMENT PROPOSAL In order to protect his shoreline, the applicant proposes to construct 252 feet of wooden bulkhead with backfill along the shoreline of this basin and the Grand Canal. The average distance from shore of the proposed bulkhead is 4.3 feet with the maximum distance from shore being 15 feet. The applicant also proposes to rip rap 50 feet of the shoreline on the Albemarle Sound adjacent to the existing wooden bulkhead. The rip rap is to be placed above the NWL in the Estuarine Shoreline. ANTICIPATED IMPACTS _ The proposed bulkhead alignment will remove 1,096 square feet of shallow water habitat from the Public Trust and Estuarine Waters. Non -coastal wetland area lost will be 208 square feet. Approximately 96 cubic yards of material will be required for backfill of the bulkhead and 23 cubic yards of rip rap material will be required. The project will result in localized turbidity as a result of the construction activity. Submitted by: Frank A. Jennings, III Date: August 21, 1996 Form DCM-MP-i w APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Joe Nestor Address .42 Camden Point City Shiloh State NC Zip 27974 Fax b. Authorized Agent: Name Address City Zip Fax Day Phone (919) 336-4198 Day Phone c. Project name (if any) State NOTE: Pemsit will be issued in name of landowner(j), and/or project Mme. 2. LOCATION OF PROPOSED PROJECT a. County Camden b. City, town, community or landmark Camden Point c. Street address or secondary road number 319 Sailboat Road d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Man-made canal to Albemarle Sound 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. Bulkhead and backfill. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Private 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. Bulkhead to be constructed by jet pump, wooded construction with backfill. Revised 03195 Form DCM-MP-1 16" ���1c�` Hui IMYOX"MI TAWW" CHARACTERISTICS a. Size of entire tract 7+ acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or N)WI, 3 feet d. Soil type(s) and texture(s) of tract Sand, Sandy loam e. Vegetation on tract Yard grass, reeds on fringe f. Man-made features now on tract Single family dwelling g. What is the CAMA Land Use Plan land classification of the site? (ransuk the toeai rand we plan.) X Conservation Transitional _ Developed Community Rural Other h. How is the tract zoned by local government? No i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance eettifncate, if applicable) Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _x No 1. Are there wetlands on the site? X Yes _No Coastal (marsh) X Other X If yes, has a delineation been conducted? X (Aaach dacumentation, if available) in. Describe existing wastewater treatment facilities. Septic tank, drainfield 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.) Surface runoff 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 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 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 Camden Point Association Address Box 9 Camden Point Phone Shiloh, NC 27974 Name Address 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. CAMA GP 8208A 1 July '91 CAMA GP 12732A 15 Sept. '93 • 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 1 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 day of , 19_. Print Name Signature l� L Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3. Upland Development _ _ DCM MR4 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 03195 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. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth D:3�y C� byh5r�/ 3p1990 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 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 be available for future maintenance? —Yes —No If yes, where? 4. Revised 03/95 Form DCM-MP-2 `cam e. Does the disposal area mclude 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 t-� Bulkhead V Rpprap *b. Length aSa QalKdeam SDI Rp A°ap 0 c. Average distance waterward of MHW or NWL 4 �eeT d. Maximum distance waterward of MHW or NWL /A Feel e. Shoreline erosion during preceding 12 months c2 Fr P,— UNAko/4eCfFd 5/7ms - (Source of inform uion) Aoo/i C r)A) T' r, f. Type of bulkhead or riprap material Gy000e T SALT- TkEA7eD• g. Amount of fill in cubic yards to be placed below water level (1) Riprap O (2) Bulkhead backfill 7 y CUBIC Y�� 6M1 h. Type of fill material CLe.4A..7 6RY I&-/ // i. Source of fill material Ad l*A: l d 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 (2) Dimensions of fill area (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 (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? _ & 16K ,ad b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ERCKNOc c. Will wetlands be crzissed in transpyrting equipment to project site? _ Yes V No If yes, explain steps that will be taken to lessen environmental impacts. Signature c Date Revised 03/95 RUG-27-1996 09:00 FROM DCM-DMF E. CITY CAM a6- N n �,,.,-Y lJ TO 1 700 733 1495 P.01/01 map Post -it" Fax Note b. I TOTRL F'.01 -:! rrrp i AM, ; o� BULK HEAD N r,S - - - - GRCLDz LOveL rill" X 10' TIE ROD--1 6X6� 4 XG LBUULK K HeADIADiNG ALL 2.5 S ALT TReA7;2JLUMBER X 8' DEAD MAN F'tLrer C-LL r li WazeR LeveL BoT+o m — — — — — — — — — — prCEiV�n 3 0 1996 46 70.4, OR 7o GR; NOT T, EXCEED 4 I I w o �= tM -u SC J S Ros io nu FSCA A p McNT pie oposeli R I p p?A-F �4 BA.S�' /V-rs 3 r ye,6d+ Wes m VOL- .N I i 1 � EXPos�o D[:ADM ENy• Y 1 _.1 I I CHNnI� _I I I I , GRUID C-OIJA L OLgEMRRL6 -Sot/Alb RF'CENFD 1013 0 1996 /}RJR TO IV RlP RAPPE SD' To. n/eS+M SCAle moon .6uu 6 x,st�ag (jA5/n! asa' PRopnsed t3HiKheao AGSNMen� d ex�Nt'N(r CoNCREre" RaIKl,ea0 rugr 045 RSA Nw� uugol�HE�iDeo 3 HORe1-I NG' D�lc� ell/ivq Nw� � ERoDEC �7 aA k Roccb AR&A IL ... - — rej�Of `:•• •••` RECEIVED b $20.00 1 $1.00 MONT sr rc y • aanac r.a A 1hCa9STAMPS ATTACHED AND CANCRf) { G• $5.00 _ _'-•`. J rs[u. IT.. P/[e,elRr Ta. naeY a.W ran .. Pa . . _.................._.......__._..:.:...._ • L ............................... .............. Passed Idnniflar No. .._.............. T.. Let No ....................................... ...._..... V.rldod bY......................._._._................._................_.. Gent on the ................ day of ......._.........._........_..._.-......_ .................... ........._......._.............._.._....._.......--_. Y.II ..fine nee.dlnf W_..........................._......_................._.... .........................................�....__.......... _. O This In,truawnt was wr, prepared by .. •.... pied RL1eY[�� , Brief do.r119UOn for the led* NORTH CAROLINA GENERAL WARRANTY DEED l0eh..... ...Way........ .. .la 83 by Rod between THIS DEED road. thin day of . � rnAVTEE Gary W LaVigne and wife, Marjaleena LaVigne and Albea mrle Realty a Mortgage Company, Inc. Joseph Leo Nestor, Sr. and wife, Mariam G. Nestor Colors s glrgtlu. YbrY In o[Y Prb. ram, aWn[F a.e• 11 gPMwb, eYanwe,.1 ..0o..A .wpw.IW a Mnaa.Yt.. Tb. d.altnatlon Grantor ad Grams. a u..d he""[hail Induct. add Peru... shale heir., ....4 or., .ad .nlen, end ,hall Ind.d. dncul.r, plural, muculln., f+minlna or Rental eo r.9ulnd by nm..4 WITNESSET11, That the Great.,. for a valuable rondd... tw paid salt and [onvethe Createtll. Gnmal In Co. simple. all that .ehn.wladt.d. be. and by the-. Pro' also [na4 barcoln, Shiloh.........._. Tewnrhlm nrtdn lot ar Parent of brad dtu.teJ In tha Clly of . .......... Camden__ .................... C... ty, North C... no. and men D.,l,.1.rly d...rib.d or fallow : from the A lot, the point of beginning of which may be-detereaLned by measuring eouthnterne asideooC Sailboat ternRoad edgeas of thepoiGrand, shown oncanal at e thehe platOfeFishermanahe Village recorded in the Camden County Registrts y in al Book 2 n[ Bags 98, and from said point along the western edge of said canal !:oath l0• )9' West 721 .8 feet and North 79. 21, West 80 feet to the northuaat I:orner of the lot herein which 391'oint of West 120s foatlngl andthence North 79•h 2lc'st 150 ISO go fefrom said et,rat o[ thence North l0• )9' East 120 feed thence South 79. 21' East 15o feet nd egress the feett'of side extending fromThere Sailboat Roadtotheslot hereinedescribere d,on asaid 9easa 40 mant being described as follows, Beginning at the intersectson of runninthe twestern edge of Grand Canal with the South side of Sailboat Road, andalong the west side of Grand Canal South Ion 39' West 764.8 feat to A point[ Norehr109179heeaseN40e feet to' West a points feet thenceto the South 79' 21Cein Eascten40 feattothence point, thence North Joe 39' East 724.8 feet, more or less, to the south aide of northeastwardl at directionRto thehpointaofbeginning. Said easement Sailat eg the south side of s ShallDing a perning with thepetual with they ment for ingress, egress and regress, and shall be an easement run .n/........ Itll. 1 � 1 • 1111E � f. OLgFMnRL6 SOuaJb I • RCCFIV�D N All, 3 0 1996 AREA to a .,' RIP RT pED I 1 SO' . r=XpoS4:1) �� DCnnMrNy. Joseph A/foR Y 1 SCAIe, „ : LID . 1 { , CANAL I WooO .431IL911E00.. ... .. I I EX,s7,a� . .... .. Asrnl IVWI- EkDOCI AR[A asa' PRoposea� � . O4l k Ae-+o AhIAlm n Nw� � EWST/NG- r;oNCREiC- �71`L' .....I C ID D iKheAD ru�r NA5 Ispoord F/)Il-FD. - .ARC -A CIANA L U„guIKNeADen I I I �IIPR P, � 1 Ne . poac': �y •lace . ik : ,�, �apa�TATArAOIt�•N eT TPyOAF,' �y �+20.00 "" r" RECEIVED 20.00 1 >s+•oo -� inn(, a�Y "aYW\e I NOlM UPaIwA lrCO! &IAM17 . e ATTACHED AND CANCENID A G• `35.00 -� ..'_,._.N rash T. n,swdlaP Tlme,itmb aM Nle .. ._........................................ P.reol ldel,lider No...................................................:..........:..,...._ Tex Lod No ................................................. ......... la............ Yerlaed by ...................................................................... County on the .................... at ................................. ........ .................................................................. _............... ... . &fell after reeordlnf m............................................................ ..........................._ ................................. :........ ...................................................................................... .................._........ ...... . This Imlrument was vnpu.d by ---��;.d... Fred R110Y�r.. Attorney.. ...... ..... ._............................. ................................ � Iirlef de.erlptlon for the Index NORTH CAROLINA GGUR NAL \WARRANTY DL-CD lOth..... dpy al. .. .: .la el .. by and belwsen .MaY....... THIS DEED made thle ..... GRANTEE GRANTOR ,7oseph Lea NOBtOr, Sr. Gary W. LaVigne and wife, and wife, Mariam G. Nectar Marjaleena LaVigne and Albemarle Realty & Mortgage Company, Inc. ' Pelo Io 4popd.n &b.. fn n<a Prlp mwy eednu, .I. a gp.gHty r.antln at ..lilt. y .wlw.u.a er peM.ma10. Th. dolPmllan Granlar and Cr.nne ne uad h.reln .holl Induda sold Pottle.. their hrlr., sueee.on, .nd ndrna, aad shall Include dnruhr, pluol, Masculine' bminln. or neuter u. reguinJ by canwal. WITNESSETIE. that the Grantor, f.r . nduebb 'onbwroln�u 1`endb onvaYy the Gun- he Coutte Pin fee IOf mplq all `ihat ' .ek...l.dped. he. and by th... Pre..nl. doe. Inst. Shiloh .............. Tow..Alp. certain Pared of .nd dmuled In the CI1Y . nd.... . ... ............. „ • Camden ..................n ........ CenW, N.rtb C.rpl1nlno and mon PurlleuluriY duttlbod as follows: A lot, the point of beginning of which may be do by measuring from the south eideaaf Sailboat Road an said points are shown ane of the Grand Canal at tthe he iplat onto ftFleharmnn�he Village recorded Sn the Camden County ftegietry Sn 14ap Baok 2 at Pege 5R, and from said point along the western edge of said canal Louth 10° 19' West 724.8 feet and North 79° 21' West 00 feet to the norehuaet corner of the lad herein beginningSouthto •he point 120of e Poattnth thence Northgi and n79•h 21c'eWest m150 fesaid t] Point of thonca North 10' 19' East 120 feett thence South 79' 21' East 150 teat to the ' point of beginning. There is also conveyed an of hereiementn of scribingreed and d ease 40 feet wide extending from Sailboat Road to thet the lot herein described, said ease- fment It.eet atiGi nddescribed withttl tilewst so,lth aidenof9SailboatiRoad �and arunning n of ethancern along the west Bide of Grand Canal South 10. 09' Woet 764.9 foot to a point, Northvoyedl I391 EastthenceN 40t feet°tota point79- West 80 feet thence tSouth 790 211 East,o the lot herein n40 fastttonA 9. East 724.e feed, more or lees, to the south aide of point; thence North 10° 1 Sailboat Nandi thence pointaa En beginning. Said easement o shall ai 10 bea perpetual sease- direction to the dly s and regress, and shall be an easement running with the. mint for ingress, egres a..........:al i 1�•. II • •{ {' f i III (I j '<.•415ri �t`+i rd A f . �Y10 `t S.4 I O fl 1 1-1 d0i 1` �I 4MII{yJi*e+r5n it i�r�"` Qy,{i .'t \ p +.1 ll llry t 1` hM 011 iry:VY ♦Zr Lei W -. ! Et' 11 3+r� iry .�,7 f{ °Qt^i, � IE�e,hkl ♦iy4 U"? �9 f4+ a 7 t1Y '( 5f \ r fF ,JJ-id t r.<q K y Z t lyyb yLp s Fly tS[lh r1`r,' 1 !f' +p•�r o(�p Fp Ak '� �l�'' "�.T� i �f•ri r1,1 4 t �13'e4 P i it 1 s>a11N '8 LC t>�� G't,t 2 �r i .•i1 iH C""h r� f/] t C] ✓�1 O p i Yir �,iF fti}'( yF+FI tr'i Di d 0 • HI 1` (- I �rLiyr! i � u i C] O i (il a}.Nc E ,IV1 wt b 4 p �3,l" F \!t r 5 t� F' I..I-1 St S H ' ii?r�y p� pi,: + -- rl +HnW t7 H N L•lW G+n *�`"sdr ;7i'i,t,,.•dt� i I�jc ao iit+�ly tix 4'+L{fi/1� 1^[. �rw'4�irn 4� O �5 �C*J 4J £iQ .SN�.t9 Fl tl P.t Vll O�t':.H yli '.<� lu•i "' t u N e ! 1'4. ! f y 1 k r• �p lr t'(( 0 �Y yi tr'rh zl aPnis i�t 4vi �., �,� r . 1 lilt `m i' k a�Mn fs M!P {G]'H 11�4y't P. H [y 1. �' ✓k.5.0 `lr toss lgNH ,(C] �j to � tO>of] i` F f17'G1 [>1a 1 ''ff]-.ff)x �i' 1 CO 4Sf]8r �(� � A' hIM 1 1r vk ,+G !'f rV'j til ffl l' N N } '..N H4 ✓)' i � H FI l plt JrY+ N� w •i £i � �'ml ; y'S CIS 41�-1(fF O(O qY .fIL O .d JI (� x75 trl Jt otd�?N ry 1 7� H 5 is Y n . ri v fi t1',o G' n>,4l"�` e } fr ^I E } !'S•4i'N'�( �}Z YF�11�t 4 ! tls ��1 ed P Ix P i'w (I ` m J 1 i m [*1 ll 01.' wC i �L P P+ J tl..t 11 C7 dt + a'':I��xh,+�, ', Lk. t.!,.r,, .•, d*x1 ...1 .,?*;l r.. e�,ku ;; „z ,,.a k.�rlal ,21, Y�.9"-as."', .ti., TaxLot No........................................................................................... Parcel Identifier No........................................................................... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this Z.`...��yy... day of .............:...................._.......... 19by and between GRANTOR ( GRANTEE ALBEMARLE REALTY & MORTGAGE COMPANY, INC. and J. FRED RILEY, Substitute Trustee JOSEPH L. NESTOR, SR. and wife, MIRIAM G. NESTOR P. O. Box 61 •yl;:, a.',;. ..:, ia•Q` Knotts Island, North Carql��h',4795 Enter in appropriate block for each party: name, address, and, It appropriate, character of entity, e.q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context, I WITNESSETIL that the Grantor, for it valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ... ........... ..... ..................... ............ I ....... , .._....Shi.loh._.....__. _.. _._ Township, Camden ___.,,,.,,,, County, North Carolina and more pnrticulnrly described as follows: That certain parcel known as "Long Port," identified as Tract Five in.,Exhibit A attached to deed dated June 19, 1968 from Harry E. Pinkerton and .wife'to Albemarle Realty & Mortgage Company, Inc. recorded in Book 52 at' Page 484 in the Camden Registry, as follows: - - BEGINNING at a point where the west bank of Grand Canal meets tile s-,*iqr,&line of the Albemarle Sound, and from said point of beginning runninfj,-northwardly with the west bank of Grand Canal, crossing the mouth of the Harbor that has been dug into said western bank, to the southerly side of Sailboa't',§cad;-thence westwardly with the south side of Sailboat Road approximately nine feet to a point where the said road runs in a southwestwardly direction, South 74" 45' west; thence with the south side of said Sailboat Road South 740 45' West 365.8 feet; thence South 19" 39' West approximately 1,040 feet to the shoreline of the Albemarle Sound; thence eastwardly along the shoreline of the Albemarle Sound to the point of beginning, containing 10.7 acres, more or less, but excepting therefrom the lot that was previously deeded to C. T. S. Keep by deed dated May 25, 1971 recorded in Book 56 at Page 271.in said Registry. J. Fred Riley, Substitute Trustee, has executed this deed solely for the purpose of releasing the property herein described from the lien of those certain deeds of trust recorded in Book 64 at Page 807, Book 69 at Page 189 and Book 71 at Page 391 in the Camden County Registry, by consent of the Nt. Iln auoa reran Ne. r a I'll. ltol,eE Iell. ".n,.,.l,.n..n.•..., N c. so.,.o 4111. (CONTINUED) duurl RECEIVED JUL 3 0 1996 holder, C. T. S. Keep, as.noted hereon. The property hereinabove described was acquired by Grantor by instrument recorded in A map showing the above described property is recorded in Plat Book .................................... page......................... TO HAVE AND TO }TOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Such utility easements and rights of way as appear of record. IN WITNESS WREREOFu the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed an Its a !�eyf p ab.pocate name by its duly authorized oiflurs and its seal to be hereunto afllxea by ant or It. Ooar✓ eelurs, the oar and rear font shove wnuen. ALBEMARLE REALTY & MORTGAGE COMPANY,^ __ ____ _ _ _ _ _ __ _ ____ _____ __(E.M" INC.-------- :no. «N.m.i---------- J. F'RiD LEY, S ifu$e Trustee DYE -esldent -- M ATTEST: ---------------------------------------- ....... _______:___________________Secretary (corporate slaty J SEAL -STAMP'. a RY ,'sen L:STnmr rJ •,��.i n�IL�Vc.�i- ,A 9 mpenonanr appA,ed bring, me this Id1ay_+anpd.� ackmwledl p' hand and offlclal stamp ar .cal, this L�•Y MJ day of BIT commission exptrea:A�._a I _EN_______________ ________ __(SEAL) By Consent: ______________(SEAL) C. T. S. KEEP NORTH CAROLINA. ___?�aSg Qb4n)j___________-County. I, . Notary FILE[. of the county and State .hers..1d, certify that --J.----Fred_ RileygSub------- ----- stitute Trustee________________________________________________________ Granter, Instrument. W�lmest my 1, a Notary Public or Ile county and state aforesaid. certify Out __j_�.�5/-_!.1 R-T L__------ a personally time before me this day and acknowledged that _ J. he Iz --------------------------- Secretary of sAl}wm_wrle Realty_ 6_ Mortgage_ Comgany. ;ni .h carotins corporation, .m that by authority amY + 1Ven aOtl Is the act o1 the corporation, the fofesoing instrument was signed In Its name by Its A g p . President, sealed with Its corporate zeal and attested by ----------- a[ 1 • ____�__�__�____-��_-((-..-.----------/- 9artlarY. '� _,�(Ai1(YL[(LL__ , 19 CLa Rwtneu my hand and official [tame or seal. IhhaY of _� r Tilt MY commission expire.: Notary Public The foregoing cerllncale(s).ol--- Carolyn_S__Rogers,--(nee-.i-xon-)•t--a--Notary.Public-.of_Co=onweal-th-©t------ Vi rgi.nia.and-Joy-_Jackson,--a-Notary--P.uhli�--of--Rasquotank-Gountyl--------------------------------------------- I/are certified to be correct. This Instrument and this certificate ere duly registered at the date and time and In the nook and Page mown on the Elul P.C. bare.,. ._REGISTEM1 OF DEED9 FOM1 Cam_d_e__n---------------- *COUNTY ---�. Ely___________________________________________________________________n X,.ty/A..Ill.nl-R.IR1zr of Deed. N.C. liar Assoc. Form No. ] ® 1971, Revised 1917. - POOLE PRINTING CO. RAM P.O. BOX I7378 RALEIGH. N.G. 27619 rrinirJ ar 111-1nN G. e.r A„uwn. State of N rt Carolina Departure t Environment, Health an N tural Resource Division_of Co I Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM RED'•. F 9 DIV. OF ENVii;Oi'aFfKcNj L August 28, 1996 TO: Ms. Linda Sewall, Director Division of Environmental Health R E C E I V � Igor, DIV. OF ENVIRONME4in. ' _".:'N FROM: John Parker, Jr. RFCE�� Major Permits Processing Coordinator �q ® r.1619� kSr� 96 SUBJECT: CAMA/DREDGE & FILL Permit Application Review /`�"f 3ErbT APPLICANT: Joseph Nestor 9 PROJECT LOCATION: 319 Sailboat Rd. (SR1163), Albemarle Sound, Camden, _Dare Co. PROPOSED PROJECT: To construct 25T of wooden bulkhead and 50' of riprap, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18,1996. 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 bjects to the project for reasons described in the attached comments. Date O 3. Signed n� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 60WxiWCV0q rvis FAX 919-733-1495 An Equal Opportunity/Affirmative Acton Employer a/M 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD A) APPLICANT: Joseph Nestor COUNTY: Camden LOCATION OF PROJECT: 319 Sailboat Road (SR 1163), Albemarle Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 30, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank Jennings FFICE: Elizabeth City DISTRICT MANAGER REVIEW: I IC11 -q(o B) DATE APPLICATION RECEIVED IN/ iL HAUL 23 1996EEN •EE REC'D: $ PUBLIC NOTICE REC'D: OF N E DATE: i7 96 ADJ. RIP. PROP NOTICES REC'D: EED REC'D: 5 APPLICATION ASSIGNED TO: ON: a_ z s 9 C) 75 DAY DEADLINE: 10/ /p3 150 DAY DEADLINE: MAIL OUT DATE: —G� 6��� CI L��o�� STATE DUE DATE: — — FEDERAL DUE DATE: i y/ - i y FED. COMMENTS REC'D: oZ PERMIT FINAL ACTION: ISSUE ��— DENY DRAFT ON to-,'y' 9 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office _ Div. of Community Assistance Land Quality Section 7 /_ _ Kl Div. of Env. Management R 30-4t io-a-tic z lo- y-46 3otS �55, State Property office W-30-y( 10-3-q6 Div. of Archives & History G L0 1 71 Div. of Env. Health 4-s0-v6 �i. Div. of Highways �- /z - / 6 wildlife Resources Commission - 20-' w �ylf n5ial Div. of water Resources -1 Q- Div. of Marine Fisheries �310.9c 9 - d. /,`G/ 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: John Parker FROM: Frank Jennings SUBJECT: Joseph Nestor Major Permit Application DATE: September 12, 1996 IDEHNFR The applicant proposes to construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. I recommend this proposal be approved with the following conditions: 1) The bulkhead or rip rap will not extend waterward more than 5 feet from the NWL water level at any point along its alignment at the time of construction. 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. / 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 4) The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or 'IO material, are not considered riprap. 6 5) The bulkhead must be constructed prior to any backfilling SFA'�CF� 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer John Parker September 12, 1996 Page Two 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. L 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 for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 9) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 10) All fill material to be placed below NWL water level will be confined behind the permitted bulkhead. 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: John Parker FROM: John A. Thayer Jr. Al4P IDEHNFR SUBJECT: Major Permit Request By Joseph Nestor to Bulkhead And Rip Rap At 319 Sail Boat Road (SR 1163), Albemarle Sound, Camden County DATE: September 9, 1996 The applicant proposes to construct 252 feet of bulkhead, with backfill along the shoreline, canal, and a boat basin adjacent to the Grand Canal. Fifty (50) feet of Rip Rap along the Albemarle Sound is also proposed. The project intends to replace existing damaged or compromised bulkhead. The resulting impact will be the loss of 1,096 square feet of shallow water habitat from the Public Trust and Estuarine Waters. About 208 square feet of non - coastal wetlands will also be lost. Consistency Comments: The Camden County 1994 Land Use Plan certified by the CRC on July 29, 1994 was reviewed to consider a determination. The following is applicable: 2. from AEC's policy implementation strategy: The County will rely on the North Carolina Department of Environment, Health, and Natural Resources, Division of Coastal Management, to regulate development in coastal wetlands and along estuarine shorelines and to protect estuarine waters through the CAMA permitting process. Also, it will rely on the regulations of other state and federal agencies with regulatory authority, as well as on existing local development regulations to mitigate threats to AEC's. (pp.39 and 40) 10. The County supports the installation of properly engineered and permitt 13 _`_,-` ,/ bulkheads. (pp. 46) o, RfCEIV SEP 12199 co GNSIAt MANAGEMENT Page 1 7 U.S. 17 South, Elizabeth City, North Carolina 27909 An Equal Opportunity Affirmative Action Employer Telephone 919-264-3901 FAX 91 50% recycled/ 10% post -consumer paper JAI Nestor Request, Camden County The County Land Classification Map identifies the site area as "Rural'. Camden County's mapping does not delineate all AEC's and other wetland areas. Determination: Based on the above policies, the project can be determined to be consistent with the Camden County Land Use Plan policies. Page 2 State oT Norm Carolina Department of Environment, Heoith and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor RECEIVED Jonah iar B. Howes, Secretary Roger N. SChecter, Director AUG 2 % 1996 ENV 7P.ONMrNTAL 3G'EM;fo August 21, 1996 V12FORAA'AGM TO: Mr. A. Prestos Howard, Dineccor Division of water Qna'_ity FROM; John R. Parker, Jr. flajor Permits Processing Coordi-nator SL3JSCT: C;LtiL:./DREDGE x FILL Permit AsPlicati= Review Applicant: Joseph Nestor H i � RECEIVED I P'KsNINdTON OFFICE 11 UG 2 6 1996. Project Location: 3I9 Sailboat Rc,ad (SR 1153) , Camden Cc',=ntti, Able-,. rie Sot:nd Pr?Ao50d roj�Ct: To construct 252' of wooder, bul.'{head an average of 4.3 Peat waterward of :. nZ along a man-made wa_er•ody rind cone_rucr 50' of rip ran in the _stuarine Shore=_ne. pleaes i ndicat, below your cLae=,r, c pcsltion or v:e•+rpoint on tha_ prop oe..od a �;roI ea t. r.c return this °e1:-,1 by Sepce-tuber 111996. If yc+L have any T,:,eszionz rega.'31ng the proposed project, plea_e contact Frank Je:w;.ngs at !•919; 2G4-3901. W e.: appropriate. in-dep[,h comments with supporting data is rcTuested. Thia agen-mr has no objection to the project- a3 proposed. This a-?ency has no comment on the proposed project, ,his agency atprcves of t;"e p:cject only Lf the recommended ehnnges a_•e ircorpera;ed. See attaches:. Thin agency objects tc the p_'oj<ct for r=_a.cns described it the I ratrtached comments. Signed 1�1 `�tl_��� ry �j�.�✓' _ Dates 17 SaOth. Ei�ubolh iry. No th CaroAn 27 JV T�' bon o 9t47tr1.34P1 EAX 919-r6377. '1 E7JI11 O000rfury AfruriwtiVa Ac^on Fmclov GOu rvC}'L�n:�/ i� H OG_t•� O,"1Su!^orr p-C� r d' State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Ja m es S. Hunt, Jr., Governor Jonathan B. Howe%Secretary A. Preston Howard, Jr., P.E., Director October 11, 1996 Camden Counly DVWQ project : 960927 11 COE # 199605005 APPROVAL or 401 Water Quality Certification Mr, Joseph Nestor 42 Camden Point Shiloh, Nv' 27974 Dear Mr Nestor: You have our approval to place fill material in 0.03 acres of wetlands or taw.; for the purpose of stabilizing a shoreline at, 319 Sailboat Road, as you described it your application dated 27 August 1906 After reviewing your application, we have decided that this fill is cc�ered by Gcncral Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you des•: ibeu to ynur application. If you change )our project, you must notify us and you utay be rcgt ied to send us a net. aonlrcauon. Foi thi:; approval to he valid, you must follow the conditions listed in the attached certiticadan In addition. you should get any other federal, state of local permits before you go ahead with your project. If you do not accept any of the conidons of this certification: you grgv ask for an adjudicawry hearing. You trust act within 60 days of (be dart' that you receive this tenor. To ask for a bearing, send a written petition which conforms to Chapter 15013 of the North Carolina G eer:il SfattlteS to the Office o° Administrative Hearings. P.O. 'Box 27447, Raleigh. N.C. 2761 I-7447_ TLis certirrcanon a_^d its conditions are final and binding unless you ask for a hearing. I his letter completes the review or the Division of Water Quality under Scc6c;i 401 of the Clean Water Act. 1f you have any quesdons, please telephone John Dtmey at 919 733.1 86. Sincerely. ( I Jr. P.E.rPf Attachment ' cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dor iq Central Files John Parker; DCM 9608'171u Division of Water Quality Etivironmenlai Scienr ceo Branca Environmental Scencas 3ranc • cant Ready Creek Rd.. Rzleig`. NC 27bC7 Tehaphana 5tQ-?33.17t?° cAk s 79::•9.55 An Bcual Oppmtur, iiy Affirmative kaicn emptoycr 50'6 ra:`yc;a'11C"•t past r•.�surar paper Ift State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E H N F:1 Bruce L. Freeman, Director 24 September 1996 MEMORANDUM TO: John R. Parker, Jr. DCM - Major Permits Processing Coordinator FROM: P.A.. Wojciechowski/ V SUBJECT: DREDGE AND FILL PERMIT Joesph Nestor The subject permit has been reviewed and the following comments are provided for your consideration. The attached deed to the application does not convey the canal adjacent to Nestor's property. The Grand Canal is privately owned by someone. This person must provide permission to Mr. Nestor to construct anything on the bottom of the canal. Recommend we get copies of a map in Map Book 2 at page 58 and the deed with exhibit A recorded in Book 52 at page 484 for our files. These instruments will identify the property location and may provide us what information as to who owns the bottom of the canal. 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 W State of 1416rth 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 September 13, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker A •:' EDEHNFR rSCP 16 1996 i 1 i Major Permits Processing Coordinator f:�Co�. SUBJECT: CAMA/Dredge and Fill Permit Application Review 2$ 1996 APPLICANT: Jose h NestorPROJECT LOCATION: 319 Sailboat Road (SRI 163), Albemarle Sound, PROPOSED PROJECT: To construct 252' of wooden bulkhead 4.3 ft. Waterward a man-made canal. 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 Aejv&.f, Go✓fnwnrs .fer SID 41PW rli use-41frAgh T1.0-Signed There are no known public trust conflicts with the project location or design. 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. c NM iS Pi2 / ✓ATL f� o w.✓.Lo 7y�Pic�•�^ 9•r Y C ca, S9� w Ti✓w I iv T• Tif`/r C47-riA r- n/ cc r7 //Lh ✓�£ T/l`.£ /t aff?O �/i� �- ¢i1 d++� T/i t asp w//o NisT Date /L�c�.+,w,ro h-�' G.�T corny af' �ieP •2 �.�'-� •S8' .�,,� is+ of ,O.t,Co rC eoa/ 3'2 ;O?C`ot •//YY !+/71/ EAHidif iA �°� /CicE G R.9AV _c,9M11FI P.O. Box 27687, 7�FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N � Voice919-733-2293 50%recycled/10%post-consumer paper 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 MEMORANDUM EDFEE HNI1 3 September 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski. SUBJECT: DREDGE AND FILL PERMIT Joseph Nestor Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc F�ct�vED SEP 121896 MA6';l:vi�, (ri3 c'EgErfi 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 State of North Carolina Department of Environment, WA Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director August 21, 1996 r,., • � ,r. ,i.; TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph Nestor Project Location: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Proposed Project: To construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY I V 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 ,JD attached comments. G/ Signed X/a��...j�.li�i z..�Y,e---� Date 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmaflve 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 August 28, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Joseph Nestor PROJECT LOCATION: 319 Sailboat Rd. (SR1163), Albemarle Sound, Camden Co. PROPOSED PROJECT: To construct 252' of wooden bulkhead and 50' of riprap, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 18, 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 requestedrMANAGSEI�MlENT 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 incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed I I� �,�i Cno�, wiu� Date q "z3 fiG P.O. Box 27687, 7`y� C FAX 919-733-1495 An Equal Opportunity/AfflrmatNe Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 rr77S? ^T75C% 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 August 28, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator e�� EDEHNR tv"'i "P'Nats"I 39 AUG 29 1996 AfA u, 2 1996 �6[At Alifm4r SUBJECT: CAMA/DREDGE & FILL Permit Application Review '119 w 5 � APPLICANT: Joseph Nestor f� , PROJECT LOCATION: 319 Sailboat Rd. (SRI163), Albemarle Sound, Camden Co. / w6, G PROPOSED PROJECT: To construct 252' of wooden bulkhead and 50' of riprap, etc. � ( / Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 1"6. 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, �� C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice919-733-2293 � 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 MEMORANDUM TO: FROM: SUBJECT: August 28, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration John Parker, Jr. Major Permits Processing Coordinator [DEHFSJFR CAMA/DREDGE & FILL Permit Application • �ii J6199 Received a F� Homy ofSc, RECEIVED � OCT 3 1996 CUA6 ]'ps. NAMAGDAENT APPLICANT: Joseph Nestor PROJECT LOCATION: 319 Sailboat Rd. (SR1163), Albemarle Sound, Camden Co. PROPOSED PROJECT: To construct 252' of wooden bulkhead and 50' of riprap, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 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. med j, l D'%d� Date D q = N P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� 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 August 28, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Josep4]!j PROJECT LOCATION: 319 Sailboat Rd. (SRI163), Albemarle Sound, Camden Co. PROPOSED PROJECT: To construct 252' of wooden bulkhead and 50' of riprap, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18,1996. 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 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 State of North Carolina Department of Environment, IPWA Health and Natural Resources Division of Coastal Management A74j 0=.*ft000W*AWW ;, A James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director August 21, 1996 TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph Nestor Project Location: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Proposed Project: To construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50, of rip rap in the Estuarine Shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. 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 att ed omments. Signed Date YfCFIV" G 281996 AU MMN GEfc9Erq 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX An Equal Opportunity Afflrmotive Action Employer 50%recycled/ 10%post-consumer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management C&A James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director August 21, 1996 MEMORANDUM TO: Mr. Charles Gardner, Director SFA<C�Fo Division of Land Resources bj�y:� �19i� FROM: John R. Parker, Jr.'''c�;T. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph Nestor Project Location: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Proposed Project: To construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 11, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. 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 ttached omments. * �� Signed Date d ss� 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative 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 MEMORANDUM TO: FROM: SUBJECT: August 28, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator IDEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Joseph Nestor PROJECT LOCATION: 319 Sailboat Rd. (SR1163), Albemarle Sound, Camden Co. PROPOSED PROJECT: To construct 252' of wooden bulkhead and 50' of riprap,etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 18, 19%. If you have any questions regarding the proposed project, pleas, e� Parker at 733-2293. When appropriate, in-depth comments with supporting data are , Al REPLY This This agency has no objection to the project as proposed.—Z ko fq���& This agency has no comment on the proposed project. This agency approves of the project, only if the incorporated. See attached. ��T%his age n y ob' is to the project for reasons described in the attached comments. Signed Date 3 .r; P.O. Box 27687, `y4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nif tj An Equal Opportunity/Afflrmative Action Employer Voice919-733-2293 50%recycled/ 10%post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF September 24, 1996 Regulatory Branch Action ID No. 199605005 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Joseph for a Department of the Army (DA) permit to construct a wooden bulkhea an p ace riprap material along an eroding shoreline, on property located off State Road 1163, adjacent a manmade canal to the Albemarle Sound, in Camden Point Shores, Camden County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will be positioned in strict compliance with the proposed project plans. 1_/ 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. ✓ 4. No vegetated wetlands will be excavated or filled outside of the authorized project area. J 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 7. The authorized structure and associated activity will not cause an unacceptable interference with navigation. / 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the -2- waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. sincerely, 4 RaleiP.W.S. g Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 160 Alabama Street, SW Atlanta, Georgia 30303 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF August 29, 1996 Regulatory Branch Action ID No. 199605005 Joseph Nestor 42 Camden Point Shiloh, North Carolina 27974 Dear Mr. Nestor: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received August 23, 1996, for Department of the Army (DA) authorization to construct a wooden bulkhead and place riprap material along an eroding shoreline, on property located off State Road 1163, adjacent a manmade canal to the Albemarle Sound, in Camden Point Shores, Camden County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199605005. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office. Mr. Bland is available at telephone (919)975-1616, extension 23. Sincerely, AA-4 RaleBland, P.W.S. Regulatory Project Manager Enclosure -2- Copies Furnished (without enclosure) Mr. John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr.Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 rRECEEIVEO �SEPA2.1996 COAS )AL MANAGEMENT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS r P.O. BOX 1890 _ , 50' WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF August 29, 1996 Regulatory Branch Action ID No. 199605005 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Please reference the application of Joseph Nestor for Department of the Army (DA) authorization and a State Water Quality Certification to construct a wooden bulkhead and place riprap material along an eroding shoreline, on property located off State Road 1163, adjacent a manmade canal to the Albemarle Sound, in Camden Point Shores, Camden County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have' determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by October 28, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, V Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): rSEPIS Mr. John ParkerDivision of Coastal Management �Yorth Carolina Department of Environment, V Health and Natural ResourcesPost Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Regulatory Branch Action ID. ,AtM L O SO O J Applicant 5� Iyec Y Waterway R� G� le Soun County CAJO_Type Work ( I Vq Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Y. U r r Regional Office Division of Coasial Management North Carolina Department of Environment, Heallth and Natural Resources SO Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclose ur ct ommzgts rn / recommendations would be appreciated on or before 6W, �D , +� b Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland f_1 Regulatory Project Manager MPNPG��� Enclosure DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph Nestor 2. LOCATION OF PROJECT SITE: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Photo Index - 1989: 147-7 (S-14,15, T-14,15) 1984: 124-729 (G,H-18) 1978: (E,17-21) State Plane Coordinates - X: 2894000 Y: 895750 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/12/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 30, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Camden County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Field Planned - N/A (F) Type of Structures: Existing - Single Family Dwelling Planned - N/A (G) Estimated Annual Rate of Erosion: 0' at protected shorelines 2' at unprotected shorelines Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 208 square feet (B) Non -Vegetated Wetlands (C) Other Shallow Water Habitat 1,096 square feet (D) Total Area Disturbed: 1,304 (.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. SITE DESCRIPTION The applicant owns an approximately seven acre tract in the Camden Point Shores Subdivision, Shiloh Township, Camden County. The tract is bounded on the north by Sailboat Road, SR 1163, on the east by a man-made canal known as the "Grand Canal", on the south by the Albemarle Sound and on the west by a freshwater wetland area. The tract elevation is approximately three feet and the soils are sandy, most likely spoil from the adjacent canal. Man-made features include a single family dwelling with an outbuilding, a driveway, a 160' x 120' basin, approximately 585' of wooden bulkhead, 20' of rip rap and 150' of composition and concrete capped bulkhead which is failing. Remnants of this bulkhead exist along the entire shoreline of the canal. CAMA General Permits 9208A and 12732A were issued 1 July 1991 and 15 September 1993 respectively, for the wooden bulkhead which begins at a washout of the existing composition bulkhead in the boat basin and ends on the Albemarle Sound at a sandy beach shoreline. The applicant constructed the wooden bulkhead two feet waterward of the composition bulkhead wherever he was allowed. Two washouts have occurred along the basin shoreline where the original bulkhead is missing and the original deadmen are exposed. Non -coastal wetland areas have emerged in these eroded, areas with common reed (Phragmites) being the dominant plant. The tract is vegetated with yard grasses and is mowed regularly. Loblolly pine (Pinus taeda) is the prevalent tree species with a few bald cypress (Taxodium distichum) along the shoreline of the sound. Waters of the Albemarle Sound are classified as SB by the Division of Environmental Management. DEVELOPMENT PROPOSAL In order to protect his shoreline, the applicant proposes to construct 252 feet of wooden bulkhead with backfill along the shoreline of this basin and the Grand Canal. The average distance from shore of the proposed bulkhead is 4.3 feet with the maximum distance from shore being 15 feet. The applicant also proposes to rip rap 50 feet of the shoreline on the Albemarle Sound adjacent to the existing wooden bulkhead. The rip rap is to be placed above the NWL in the Estuarine Shoreline. ANTICIPATED IMPACTS The proposed bulkhead alignment will remove 1,096 square feet of shallow water habitat from the Public Trust and Estuarine Waters. Non -coastal wetland area lost will be 208 square feet. Approximately 96 cubic yards of material will be required for backfill of the bulkhead and 23 cubic yards of rip rap material will be required. The project will result in localized turbidity as a result of the construction activity. Submitted by: Frank A. Jennings, III Date: August 21, 1996 a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph Nestor 2. LOCATION OF PROJECT SITE: 319 Sailboat Road (SR 1163), Camden County, Albemarle Sound Photo Index - 1989: 147-7 (S-14,15, T-14,15) 1984: 124-729 (G,H-18) 1978: (E,F-21) State Plane Coordinates - X: 2894000 Y: 895750 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/12/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 30, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Camden County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Field Planned - N/A (F) Type of Structures: Existing - Single Family Dwelling Planned - N/A (G) Estimated Annual Rate of Erosion: 0' at protected shorelines 2' at unprotected shorelines Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 208 square feet (B) Non -Vegetated Wetlands (C) Other Shallow Water Habitat 1,096 square feet (D) Total Area Disturbed: 1,304 (.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along a man-made waterbody and construct 50' of rip rap in the Estuarine Shoreline. SITE DESCRIPTION The applicant owns an approximately seven acre tract in the Camden Point Shores Subdivision, Shiloh Township, Camden County. The tract is bounded on the north by Sailboat Road, SR 1163, on the east by a man-made canal known as the "Grand Canal", on the south by the Albemarle Sound and on the west by a freshwater wetland area. The tract elevation is approximately three feet and the soils are sandy, most likely spoil from the adjacent canal. Man-made features include a single family dwelling with an outbuilding, a driveway, a 160' x 120' basin, approximately 585' of wooden bulkhead, 20' of rip rap and 150' of composition and concrete capped bulkhead which is failing. Remnants of this bulkhead exist along the entire shoreline of the canal. CAMA General Permits 9208A and 12732A were issued 1 July 1991 and 15 September 1993 respectively, for the wooden bulkhead which begins at a washout of the existing composition bulkhead in the boat basin and ends on the Albemarle Sound at a sandy beach shoreline. The applicant constructed the wooden bulkhead two feet waterward of the composition bulkhead wherever he was allowed. Two washouts have occurred along the basin shoreline where the original bulkhead is missing and the original deadmen are exposed. Non -coastal wetland areas have emerged in these eroded areas with common reed (Phragmites) being the dominant plant. The tract is vegetated with yard grasses and is mowed regularly. Loblolly pine (Pinus taeda) is the prevalent tree species with a few bald cypress (Taxodium distichum) along the shoreline of the sound. Waters of the Albemarle Sound are classified as SB by the Division of Environmental Management. DEVELOPMENT PROPOSAL In order to protect his shoreline, the applicant proposes to construct 252 feet of wooden bulkhead with backfill along the shoreline of this basin and the Grand Canal. The average distance from shore of the proposed bulkhead is 4.3 feet with the maximum distance from shore being 15 feet. The applicant also proposes to rip rap 50 feet of the shoreline on the Albemarle Sound adjacent to the existing wooden bulkhead. The rip rap is to be placed above the NWL in the Estuarine Shoreline. ANTICIPATED IMPACTS - The proposed bulkhead alignment will remove 1,096 square feet of shallow water habitat from the Public Trust and Estuarine Waters. Non -coastal wetland area lost will be 208 square feet. Approximately 96 cubic yards of material will be required for backfill of the bulkhead and 23 cubic yards of rip rap material will be required. The project will result in localized turbidity as a result of the construction activity. Submitted by: Frank A. Jennings, III Date: August 21, 1996 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Joe Nestor Address 42 Camden Point City Shiloh State NC Zip 27974 Fax b. Authorized Agent: Name Address City Zip Fax Day Phone (919) 336-4198 Day Phone c. Project name (if any) State NOTE. Perndt will be issued in m of lmdawner(s), aid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Camden b. City, town, community or landmark Camden Point c. Street address or secondary road number 319 Sailboat Road d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Man-made canal to Albemarle Sound 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. Bulkhead and backfill b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Private 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. Bulkhead to be constructed by jet pump, wooded construction with backfill. Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. Septic tank, drainfield a. Size of entire tract 7+ acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, '"wash down" and residential discharges.) Surface c. Approximate elevation of tract above MHW or runoff N%VL 3 feet d.. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sand, Sandy loam e. Vegetation on tract Yard grass, reeds on fringe f. Man-made features now on tract Single family dwelling 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site. (Can:ult the localImd use plm.) In addition to the completed application form, the following items must be submitted: X Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then No forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Anach zoning compliance cerfificare, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? X (Aaach documentation, if available) Please note that original drawingsare 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 Camden Point Association Address Box 9 Camden Point Phone Shiloh, NC 27974 Name Address 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. CAMA GP 8208A 1 July '91 CAMA GP 12732A 15 Sept. '93 • 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 . day of , I9_. Print Name Signature f� Landow r or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-37 Upland Development _ DCM W-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM W-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 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. Access channel (MLW) or (NwL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Erictiog Project . Length Width Depth Depth i 1. EXCAVATION a. Amount of material Ito be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated 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 be available for future maintenance? —Yes —No If yes; where? Revised 03/95 Form DCM-MP-2 r01-11 e. Does the disposal^area mclude 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 V Riprap *b. Length a S ac lk iert d SO ?,p l f ;ac c. Average distance waterward of MHW or NWL 4 reeT d. Maximum distance waterward of MHW or NWL 1A FcBT e. Shoreline erosion during preceding 12 months a Fr /47 S/ j cS (Source of information) e O'�' C m) 4- e _ f. Type of bulkhead or riprap material W"Vca4, SALr 7-9P4TeD- g. Amount of fill in cubic yards to be placed below water level (1) Riprap D (2) Bulkhead backfill i y ette/C Y�+tf4rt) of fill material 0-4e.4,V &eY i. Source of fill material ltdi('* -1 d 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No l071 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area _ (2) Purpose of fill 5. GENERAL coastal wetlands a. How will excavated or fill material be kept on site and erosion controlled? &hCk-g,ad b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bficirlioc c. Will wetlands be cr:,ssed in transpyrting equipment to project site? _ Yes !/ No If yes, explain steps that will be taken to lessen environmental impacts. App�or Project Name Signature Date Revised 03/95 RUG-27-1996 09:00 FROM DCM-DMF E. CITY TO 1 700 733 1495 P.01/01, TE 4OC/r l 10A/ .+.+nCitlr=r if 5 Post -it' Fax Note 7671 Data a pr _ PIS CAM DCAI 70 7TGi �f a� 9� pages �•'; � .v``� E From � `�%�✓IN�C•• 40 COUP✓Ty �•'� • L� dGy- �S p i >a 1 Fax # Fax e eam.e e u e'er 17 �. V. \� 55 r Old hoe sx •ti Teaea rr Ifev ' 4 \ TOTAL P.01 Taseph A/ec- oR BULK HEAD N1r,5 - - - - - GRQDe LeYeL :.%8a' X ioTIE ROD S 4"x6' . T¢G BULK HeADING ALL 2.5SALT 7ReATRJLUrn5ER 6'X 6" X 8' DEAD MAN F,1-1 r WaTeFt LP-VeL BoT+om — —---- —-- fir 1,00vED JUL 3 0 1996 1'0` TiE-U 3'0" -r0 4'6 OR TO G% NOT T+ EXCBEtD 4 . I N ar. L.F 'i HAN 3'c -70 N tY�'aN s-L N �,Q1S'aN, r� Qr- T aasojOJd LNOW N c�i Sod/ =1 ��BCMr�ke.E SOunlb RECEIVED Jr ,in, 3 0 1996 RIP R APPPE D i SD' I 1 ♦`.. �Xpost_D DL""NUMFN-�, Y eph des qT*OR _ I ScAke I { . I CANAL i Ewrr,ag I la .... .. p�� ... A5/nl ERoDEC i)k -A PRoposeci &lllheaa AL4v \� EXIST INCr CDNCRtTE. GRAND BolKheAO r+lnr NRS r=RODeb rl)lge D. .. ARCA ('ANFl L BX)ST/NG .. R�ARAF l✓wa Uu(JUlK HeA Deb � SlIOReLINL' \ S/'�j/e r4'fu// � Dwell/Ng � J I I State of North Carolina Department of Environment, Health and Natural Resources 4 'Le Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director August 21, 1996 Mr. Joseph Nestor 42 Camden Point Shiloh, NC 27974 Dear Mr. Nestor: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 319 Sailboat Road (SR 1163), Camden County. It was received on July 30, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 13, 1996. 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 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper August 21, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Frank A. Jennings, III bs" Field Representative I FAJ/kh Enclosure cc: -IM Parker Richard L. Watts ♦ `� Al ff, ,f r' 'f a f *y f ,jii CAMA FERMIT APPLIED FOR PROJECT: To construct 252' of wooden bulkhead an average of 4.3 feet waterward of NWL along aman-made waterbody and construct 50' of r iip rao in the Sst„a,-;I- c..- ,:__ COMMENTS ACCEPTED THROUGH September 16, 1996 APPLICANT: FOR MORE DETAILS CONTACT Mr. Joseph Nestor THE LOCAL PERMIT OFFICER BELOW: 42 Camden Point NC Division of Coastal Management V Shiloh, NC 27974 1367 US 17 South Elizabeth City; NC 27909 CAMDEN POINT ASOCIATION BOX 9, CAMDEN POINT SHII OH, NC 27974 y RECEIVED 3uL 3 0 1996 July 10, 1996 - Mr. Frank Jennings Division of Coastal Management Route 6 Box 203 Elizabeth City, NC 27909 Re: Bulkhead Construction and Repair, Mr. and Mrs. Joseph Nestor Dear Mr. Jennings, The Camden Point Association, as property owner of Lot 72, adjacent to the Nestors property at Longport, has no objections to the bulkhead construction and repair proposed by the Nestors. Camden Point Association m SENDER: I also wis to receive the r v_ ' '0 :Complete items l and/or 2 for additional services. •Complete llama 3, 4a, and 4b. follOWing rvir<e�s (for0 �' u L ••1 .Print your name and address on the reverse of this form so that we can return this extra i0a): m d card to you. -Attachthis form to the front of the mailpiece, or on the back if space does not t, ❑ Arddfe dress a y permit. wWrila'Retum Receipt Requestod'on the mailplece below the article number. 2• ❑ Restricted Delivery to whom the article was delivered and the date m frl $ .The Retum Receipt will show livered. Consult postmaster for fee. • � • 3. Article Addressed to: ' 4a. Article Number 5� 1 u m pc ' 00.1 C4MdeNn9rNT ?/ 4b.Service Type. d - u e �a/N t box 9, Cato "' ❑ Registered Certified Insured ' ' N ❑ Express Mail ❑ y . .. ' . U, sh ��� A),C, ❑ RetumReceipt for Merchandse ❑ COD 0 / 7. Date of Delivery .a M, . ra. .20v�� eceivedB:(Pr,{RjN a R. Addressee's A jdjPq (Only ff requesteCl and fee 2 1p a. {/ham' 6.Signature: (Addressee or Agent) ` 2 p 199G m Domestic Return Receipt PS Form 3811, December 1994 Filed for registration on the 1,z_day of� JUL 3, 0 1996 �19y o.ii ncaymvs yr s+cv Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No........................................................................... VerifiedbyT.A•X..O•F.F.FC.E.................................... County on'the ................ day of ....................................... :................. 1 19............ by.............. MP.).....tOT'31..........................................................................................................................................:............................. Mail after recording to ..•. Hornthal, Riley, Ellis & Maland ....................................................................................................................... ........... ...................... I.................. Box ... 22 O.r....Eli zabeth,• C-itYj... NC...z..7..9 Q.9............................................................. This instrument was prepared by .......J. Fred RileY.l.., Attorney,.,.,... Brief description for the Index NORTH 'CAROLINA GENERALWARRANTY DEED THIS DEED made this .. day of .......... ........................................ 19.0...�...., by and between GRANTOR ALBEMARLE REALTY & MORTGAGE COMPANY, INC. and J. FRED RILEY, Substitute Trustee 1 Enter in appropriate block for each party; name, address, and, If appri GRANTEE JOSEPH L. NESTOR, SR. and wife,' MIRIAM G. NESTOR P . O. Box 61 "' ' ' •' Knotts Island, North Carq�iria , ,priate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of............................................................I ........ S;h,l S;hiloh ...................... Township, .Cam.den....... ............................. County, North Carolina and more particulnrly described as follows: .......... That certain parcel known as "Long Port," identified as Tract Five in•,Exhibit A attached to deed dated June 19, 1968 from Harry E. Pinkerton"and.'.wife'•to Albemarle Realty & Mortgage Company, Inc. recorded in Book 52 a.t`Page 484.in the Camden Registry, as follows: BEGINNING at a point where the west bank of Grand Canal meets ''Eiie 'si;ic7reline of the Albemarle Sound, and from said point of beginnin runnin" g g-northwardly with the west bank of Grand Canal, crossing the mouth of the Harb8r..that, has been dug into said western bank, to the southerly side of Sailboat,.f26ad;'•thence westwardly with the south side of Sailboat Road approximately nine feet to a point where the said road runs in a southwestwardly direction, South 740 45' West; thence with the south side of said Sailboat Road South 741 45' West 365.8 feet; thence South 19' 39' West approximately 1,040 feet to the shoreline of the Albemarle Sound; thence eastwardly along the shoreline of the Albemarle Sound to the point of beginning, containing 10.7 acres, more or less, but, excepting therefrom the lot that was previously deeded to C. T. S.'Keep by deed dated May 25, 1971 recorded in Book 56 at Page 271.in said Registry. J. Fred Riley, Substitute Trustee, has executed this deed solely for,the purpose of releasing the property herein described from the lien of those certain deeds of trust recorded in Book 64 at Page 807, Book 69 at Page 189 and Book 71 at Page 391 in the Camden County Registry, by consent of the N.C. nor Assoc. Form No. 1 s'1 1919, Revised 1911. P,imm by AF:<m,m.im m. N.C. e., ASIWA911. (CONTINUED) .. . n.M; 1,4 E, El";i4.`Y"Id- CD a) 1. 0.'I r� U) 0 IROM 1i VIM I K-0 r jl 44 rcl wnl $' �i.4 4 1,� UAs 1�, T� per.,. 0 4, Ri ""A ow i�.' 4 N"W -, o i, E 105� q . rx° 2�U) Si dr ir 4 . I7I wR. iE rt �Ou -n"-NH�.$ "tv, -I— V wli� nRI M-- 4"lT " v sA,V�r STATL OF , STATE O N T 1jAL a�L ices lAa LL•la[ TAX � sxc,oD 1 $t.00 ST TE OQ�' c � • L C ,- L■CI\L iAi $5.00 NORTH CAROLINA EXCISE b ATTACHED AND CANCELLED • JIOOK��..rtQ ' !AGE • l4 ,, Recording go" am PIP RECEIVED .................................. . parcel Identifier No ........................ I.............. .............. TaxLot Na...................................................... all ......:..... ...... county on the ................ day of .................................... V•rided by .................... .' by.................................................................... ........................................................................1...................... !fall after recording to . .......... 6 ....................... .......................... ............................................................................... This Instrument was prepared by •••.....J.•.• Fred Riley, .. Attorney........ ......................................... Brief description for the Index NORTH CAROLINA GGNLRAL WARRANTY D)v)uD loth..,,, ,. may_.. .. , 19 83-., by and between THIS DEED made this ...... day of • GRANTEE GRANTOR I Joseph Leo Nestor, Sr. Gary W. LaVigne and wife, and wife, Mariam G. Nestor Marjaleena LaVigne and Albemarle Realty 6 Mortgage Company, Inc. IEnter la •PPr•prl•b black he each WWI"pie, address, Dad, It ■p r PrAt•, rsanrltr at@Nall. g.� ■esp,nll•a,w "ni er■alp• The designation Grantor and Grantee as used herein shall Include raid parties, their heirs, successors. and assign$, sad shall Include singular, plural, masculine- fuminina or neuter us required by context. WITNESSETII, that the Grantor, for a valuable considurutiun paid by the Grantee, thr Granted of which la hereby aaknowledired, has and by these presents does grant, bargain, sell and convey onto the GShiloh file simple. Township, certain lot or parcel of land dtuulcd In the City Of . ........... ... ............. Camden. ......................... County. North Carolina and more partleulurly described as follows: A lot, the point o! beginning of which may be determined by measuring from de of the Grnd Canal the eouthaeideoof Sailboats SRoad with as9said pointsa aare shown aonttheiPlat olCFishermanshe County Registry in Map Book 2 at Page 58, and Village recorded in the Camden n edge of said canal South 10° 39' West 724.8 from said point along the wester feet and North 79° 211 WestWent of beginningi80 fast to eandrrunning`thence fromsaidpointOf beginning whichSoutis0°the p West f i feet; thence North 79. 21' West 150 feed thence North 100 391 East 120 feed thence South 79° 21' East 150 lest to the point of beginning. There is also conveyed an easement of ingress and egress 40 d ease — feat wide °describedfrom follows, Beginningthe atlot the intersection ofdescribed, theiw stern moat being hence edge of Grand Canal with then eolith side out of Sailboat Road, and running point, along the west aide of Grand Canal South 10. 39' want 764.8 Feat to a p Northrl0°139henceEasNorth rtfeet°t2la point8est0tfoot t tith 79. 21he lot YeEast, in n40 feet voyedl ttonae ence North 10° 39' East 724.8 feet , more or lose, points thto the south side o£ Sailboat r thence along the south side of Sailboat Road in a northeastwardly direction to the point of beginning. Said easement shall be a perpetual ease- ment for ingress, egress and regress, and shall be an easement running with the. MA1. au Awe Io- Mt. 1 P Uri. a,Ya.e n111 ry�y„yl�,,. W IY YC. Y er •IMI. ref 1 ff I fl .I I 1 • h i 1 I GRMD C'✓)IJA L AL gCMnRj-F- U'A); All-3 0 -1996 AREA to QL RIP. RAPPE fl SO' L Sds'ePh /Je4l)R ScAIe, 6XisT�r�� NWT (jFJs►nJ I ERbOt Ag&A PRoposecl 5ulk'Ae,4o Ah9NFlev ExsT/n)G- coNc�etrc �� . DulKheAo 7'119r• NAS kR0oE0 No►- UeijSUIKHe� Deb SIIORet.INE •�;�' pOOK�`�4 ' IAGE l4 6TATL Or aT TE O N AL i{cyw.aI, I•�1Ac (�pq1li74t7 Y genies te TAX RECEIVEDD 7,S $2000 $1.00 - arreo.//��rr j�ALc r 'NORTH CAROLWA 1aC15! b1AMH 1 `( ATTACHID AND CANCULID i C• ,. L■CIaL TA v1''t�^yA, $s.00 : ReeoW lax 7t:oe, ama am Pap Excise TAX idar No .................................................. .n Tax Lot No . ........................ ............ ................................................. parent Ideal ...... ............. 1111 ........... Verified by ......................................... .........I ................... County on the ................ day of .......................................... by ...................... •..................................... .................. .............................................. , , . Mail titer recording to...........................-.................................................. ................................:.....................:................................................................................ .. This instrument was prepared by ..••.•• ..J.... Fred Riley ..... Attorney • .................................................... ............................... Brief description fur the Index NORTH CAROLINA GrNLP.AL WARRANTY DEED loth . to 83... by and between ...MdY..... .. . T1119 DEED made this ...... ...... day of • ' CRA.yTEE � ••, GRANTOR Joseph Leo Nestor, Sr. Gary W. LaVigne and wife, and wife, Mariam G. Nestor Marjaleena LaVigne and Albemarle Realty S Mortgage Company, Inc. aad, 1t app•spalate, r►arseur d otl4. s.� erper■tMa w pne,nal0. Eager In appraprlaw hb,Y In eeeh pry, wau, adJnw, ants, )tu said parties. their holes, ■■■lane, and r and n The dnirofeminine or neuteroarequlead em,) t ahineldedngulagPlur1,secu, pt of hich the he creel WITNESSETII, that the Grantor. fora valuable ea rgain, sellaand c nveyGuntoethe t Granted In taw Implq all th hereby acknowledged, has and by these press nU does grant' Shiloh,,,._.. ..... .. Township, curtain lot or Parcel of land situated In the City of . ._ • Camden .......................... County, North Carolina and more particularly described as follows: . A lot, the point of beginning of which may be determined by measuring from the southseidaoo£ sailboats sRoad asg gsaid pointsawith the are shownaonttheiplat oftFisherman$ Village recorded in the Camden County Registry in Map flock 2 at Page 58, and from said point along the western edge of said canal South 10° 391. West 724.8 of the lot feet and North 790 21' West 80 feet topoint of beginning;eandrtheast runningtorner thence from said pointnOf conveyed which is the p beginning 'south 10° 39' Nest 120 feeti thence North 79. 21' West 1fe t to t . thence North 100 39' East 120 feet; thence South 79° 21' bast 150 feet to the point of exinnin. Thee is also tending fromrSailboat Roadvtoethan eaflongent of inress a lot herein described,asaid4ease 40 feet anent being described as Lollows, Beginning at the intersection of the western thence ede ad along f Grand Canal side with hrCanal South 10 the south side Of °a391 WestSilboato764.8nfeetntona point, in Nornerl0°i3thencetNorth 790toce la point80thence South 79foot to° 21'the lot eEast,n40yfeettdona points thence North 10° et East 724.8 feet•, more or less, to the south side of ease - Sailboat Rto l thence along of the nningd in a northeast south Said oaeomentside of oshalat l be a perpetual with th y ment for ingress, egress and regress, and shall be an easement running with the. M.e, Me, A.M. re,. Ne., a 1919. M,eud Icri. s.nM•e ...c. w•....a. __ I' N ._...•............._..4._............v.w...a_.�r�w_riu-r _..aa..� .....'.rrr� LAw areas WHITZ, NAM \ MULLIN 3N R11AMLe a aa. LLIZABLTH Cl": N,C. Reference Is herein made to that plat entitled "Hunter's Park, Subdivision by Camden .Island Corporation, marked Tract Two" and dated Janunry 6, 1971. TRACT THREE: Beginning at a point on the northerly side of Broad Creek Road, which point lies 5,568.5 feet easterly along the northerly side of Broad Creek Road from the point where the northerly side of Broad Creek Road intersects the easterly aide of the public road from Old Trap to Albemarle Sound (presently known as State Route )43), running t.henck along the northeasterly side of Broad Creek [load South 670 101 East 2,134 feet more or less to the point at which the northeasterly side of Prond Creak Road intersects the northwesterly side of Finl,ermauls Road; thence northeasterly along the nor'.hwr.st.erly side of Fisherman's Road North 37° 021 Fart 7,053.1, feet to a point; thence South 86" 201 East, 2,417.2 feet more or less to the northeasterly side of Little Creek Drive; thence along the northeasterly side of Little Creek Drive South 38. 15t East 6,Ul9 feet t.r, point; thence South 130 )91 West 684 feet more or Icss to a point in the northwesterly boundary of TRACT 610IIT described in that Deed to Albemarle Realty A. Mortgage Co., Inc„ dated June 19, 1968, recorded in Deed Book 52, page 484 in the Camden County Recorder's Office, said boundary being the course and distance' appearing between the fourth and fifth semicolons in the description of said TRACT EIGHT; thence along said boundary South 51. 451 West 5,410 feet to a point; thence North-670 West 5,400 feet to a point (being the.course and distance appearing between the third and fourth semicolons in the description of said TRACT EIGHT); thence South 230 West 1,990 feet more or less to the southerly side of SailbonC Road (being, the course and distance appearing, between the second and third semicolons in the'description of said TRACT EIGHT); thence along the southerly side of Sailboat Roadthe following, courses and distances; North 670 251 West 560 feet, north 65' 15t West 1,100 feet, North 84. 481 West 675 feet, and North 63• )71 West 1,633.6 feet to the point where the westerly side of Willow Run intersects the southerly side of Sailboat Road; thence along said westerly side of Willow Run North 260 251 East 1,518.74 feet more or less to a point located South 1. 301 West 139.7 feet from a point,in the southerly line of Camden Point Road (the letter point being 2,350.1 feet east of intersection of said southerly line of Camden Point Road and the easterly LAW MICH wmit. MALL ► MVLLte Joe kR [N BLD6. tLIZABETH CITY, H.C. 45' West 1,798.3 feet more or less to the northerly side of Little Creek Drive; thence South 380 151 East 300 feet to a point; thence South 410 55' West 2,309.3 feet more or less to the shore line of Albemarle Sound; thence south— easterly and easterly along the shore line of Albemarle Sound to North River Point; thence northwesterly along the shore line of North River to the moat westerly point on the easterly side of the mouth of Little Creek; thence continuing in a northwesterly direction along a straight line drawn from said last mentioned point to the most northeasterly point of said Lot No. 14; thence southerly along the westerly shard line of Little Creek to the point of beginning; said tract containing 582 acres, more or lees. Subject to the rights, it any, of the federal, state and local governments in and to Waterways which intrude into the tract, And the lands under such waterways, and to existing rights of way and ease— ments, if any, over existing roeda or,canals, If any, Reference is made to that certaih plat attached hereto and marked Tract One, entitled hThe Point, Subdivision by Camden Island Corporation,h dated January 6, 1971: TRACT TWO: Beginning at the southeast corner of Lot No. 14 in Broad Creek Club, a subdivision in Camden County, North Caroline, according to a plat thereof recorded in Camden County Recorderis Office on November 23, 1966; in Plat Book 2, page 43A, and from said point of beginning running in a northwesterly direction along the northerly side of Little Creek Drive North 38. 15' West 51l5O.foot to a point; thence South 510 451 West 4,36o fast more or lees to the southerly side of Sailboat Road; thence along the southerly side of Sailboat Road South 65' 05' East 6#394,22 feet more or less to a point in the westerly boundary of a tract containing 582 acres more or lees; thence North 41. 551 East along said westerly boundary 1,469.3 fast to a point (being the point described in the second course and distance in the description of a tract containing 582 acres more or leea); thence North 38. 151 West 300 feet more or less to the point or place of beginning; edid tract containing 391 acres, more or less Excepting, however, from this conveyance that of the land described above canals or easements as the they may be shown on plate hereof. comprising roads, same may now exist of record as of the portion drives, or as date 5 5)b 8F ,.s"q LAW OFFICES WHITE. HALL 9 M1141" 304 RMMLB BLDG. "'IAB1TH CITY, N.C. NORTH CAROLINA WIDER COUNrT DECLARATION OF RESTRICTIVE COVENANTS AUG 2 9 1993 THIS DECLARATION, made this the T.Tmt day of February, 1.971, by CARDER ISLAND CORPORATION, a North Carolina Corporation, with its principal office at Old Trap, North Carolina, State of North Carolina, hereinafter called the "Declarant"; fW IT NE881T H: THAT WHEREAS, Declarant is the owner of all Lands descri hereinbelow and as shown on the attached maps hereinafter refe to, and whereas, Declaraht desires to subject all of said prop to certain protective covenants and use restrictions for the benefit of all. of the owners of the property within said area; NOW, THEREFORE, Declarant hereby covenants with all other persons, firma or corporations now owning or hereafter acquiring any property in the ores owned by it and referred to above, end all of the lots owned by Declarant, being four tracts described as follows: TRACT QNE: Beginning at the point in the shore line of Tittle Creek where the southeasterly boundary of Lot No, 14 in Broad Creek Club (a subdivision in Camden County, North Carolina, according to a plat thereof, recorded in Camden County Recorder a Office on November 23, 1966, in Plat Book 21 page 43A) intersects said shore line, and from said point of beginning running in a southwesterly direction Along the southeast- erly boundary line of said Lot No. 14 south 51D BOOK_ PAGE_�2(p p NORTH CAROLINA CAMDEN COUNTY Filed fqr registration on the p/ cloy of %inx�sv�i i 19Q� ,Q•�Ried"gisl7� DECLARATION OF REVISED REBTAICIIVE COVENANTS made this I9th dry of October 1986 by Camden Point Association Inc. By Declaration dated February I, 1971 and retarded in the Camden County Registry at Pnol: 55 Page 699, Camden Island Corporation subjected to certald restrictive covenants, the land shown an the plats entitled TIIE 111 11, HUNTERS PARK, EOGENATER and THE ITIOLANDS Iorat ad In Sh I ah IoxnshIp, Camden County, North Carolina. The Camden Point Association Inc. now deems It desirable, and I accordance with Its By-laws and Paragraph 9 of the above cited Declaration of Restrictive Covenants, does Change and Amend such Declaration of Restrictive Covenants as follows, I. Herealter, the following paragraphs of the above cited Declaration of Peslrictive Covenants will not apply to Properly In the Point, Hunters Park and the Midlands% '3. APPROVAL OF PLANS.' '1. SUBDIVISION,' 'S. PROPERTY USE., 7. Property In the Plat of Edgewater shall be divided Into 3 sections, Edgewater East, Comprised -of Lots 39 through 60, 95 through 114, and 149 through 1631 Edgewater Central comprised at Lots IS through 30, 73 through 9e,'and 177 through I101 Edgewater Nest coeprised of Lots I through 14, 61 through 77, and IIS through 176. All the provisions of the they, cited original Declaration of Restrictive Covenants %hail remain In effect for all sectlont of Edgewater. The owners of a majority Of the lots In any oar of the three Edgemater Plats may record an Instrueent In the Camden County Register of Deeds Dlllce agreeing to change only the three paragraphs 1 3. Approval of Firms, 1. Subdivision, S. rropeaty Haul in whale or In part. Such change to apply only to the Section of which the owner of a majority of the lots have executed the Instrument of change. 3. The owners at a majority of the late In rich of the subdivisions of the Point, Hunters Park, and the Midlands may I l jowl to record in Instrument In the Camden County Register of Deeds Office agreeing to add restrictions, In the general mntmat of the three paragraphs 1 3. Approval of Plans, 1. Subdivision, S. Property Usei. Such Restrictions to apply only to the Smatlon of which the owners of a majority of the lots have wecuted the Instrument of change. ' A. The remaining paragraphs and provisions of the original Declaration of Restrictive Covenants recorded by Cmmden Island Corporation shall retain In effect }mad shall not he changed macept In accordance with paragraph 9 therein. The above Declaration of Revised Restrictive Covenants was approved by A majority aF the probers of the Camden Point Association Inc. at the regularly scheduled Annual Meeting of the Association, October 19, 1996 proper notice haring been given, and In accordance with the Association Bylaws and Paragraph 9 of the Original Declaration of Restrictive covenants by Camden Island Corporation. IN NIINESS NHEREOF, the Corporation has caused this instrument to be signed In its corporate name by Its duly authorized Officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first above written. CAMD_ENNPOINT 'ASSOCIATION INC. 9... ,,, GQQ_ ..ldent l� ' ;: ,t•. �_ 0�, Secretary Y Corporate Seal :..:.,alit . •` NORTH CAROLINA CAMDEN COUNTY ` • • 1, A 'Notary Public of the County and Stale aforesaid, certify that fed{Rfl1.._t:____QR_LLUEE@�t....... per nosily cite before methisday and acknowledged that $6he Is the Secretary of _�111j1P_Erd__1�!EY l__CIS?l2�lf_yl lD,d/ .-TRa ..................... a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed In Its pane by Its Provident, sealed with its corporate seal and attested by FRCP✓ a Its secretary. Nl tares my hand and official stamp or seal, thls dAL11 day of C* .. . My commission expires .`f _�i_ Qli'j{il_?Ql4_IIAL Rotary Public 731-kC• The foregoing certificate of Donna B. Stahel ,_a Notary Public of Camden County is certified to�beeccorrect. eg ste�f Dee s L ���wi ww.ww w•we w Oew 99„ �. �9S R , v.n ..... „ ,. ,�, �.._.--.. .._.. .. ,. ,. .... , - , , ......•.-....,'1,. awe+.Hst�swnne,. ,;•..!tAaaw.wwvvt'a�um••m... v. ,�,-r--...• Mr. Frank Jennings August 28, 1995 Page 2 Please advise if you have any further questions. Thank you for your further consideration of the Reynolds application. I am Sincerely yours, e M. H. Hood Ellis MHHE/he c.c. Mr. and Mrs. William T. Reynolds L P. HoRxrrnu. Js. J. FREO RxI.ET M. H. Hoos Etas MARE M. fi1. DON m G. PRENTIEE ROSS= B. Hosss, Js. Joan D. LsxnT MIGn L P. SANDERS LEE LEWIS LEIDY Pxxu p K WOO.$ HoRNTH.&L, RILEY, ELLIS & MAT AND, x_I_P. ATToBNEYs AT LAW ELIZABETH GITY, NORTH GAHOLINA 27909 August 28, 1995 Mr. Frank Jennings Department of Natural Resource & Community Development Division of Coastal Management 1367 U.S. Hwy 17 South Elizabeth City, N.C. 27909 MAILINA ADDRESs- POST 01110E Box 220 E=I ,,zn GITT. NG 27907-0220 orrxcxs: 3ol EAST MAIN STREET Euz zTR GITT. NG 27909 TELEPRONE (919) 335-0671 TEUIre (919) 335- 223 Orrlcss Also IN NAos HE , NG j( ....i-`r... .7,) inn, AUG 2 " 10 I1 9, yar 0 y`96 RE: William T. Reynolds and wife, Charlene G. Reynolds Lot 142, Edgewater Subdivision, Camden Point, N.C. Dear Frank: As per our conversation last week, I understand that Mr. and Mrs. Reynolds have applied for a permit to construct a bulkhead and pier in conjunction with the lot referenced above. Upon inspection, your office noted that several neighbors have erected such facilities, but that you were concerned that the Reynolds plat did not show that they owned fee title to a strip of property between their lot and the Albemarle Sound. Said strip being designated "Community Use Property." I enclose herewith a copy of the 1971 Restrictive Covenants applicable to Edgewater and related Camden Point subdivisions together with a supplement thereto in 1986. I do not believe the Supplement contains any relevant information pertinent to the issue at hand. However, Section 5(e) and Section 6(c) of the 1971 declaration provide that the Reynolds haves an easement in common with other owners in the "Community Property" and that the Reynolds, as owners of a lot adjacent to the water, are permitted to install a pier, wharf, bulkhead and pile heads in the location adjacent to said lot. I believe this should be sufficient for your office to process the permit. However, you will further note that Section 3 of the 1971 declaration requires approval of the Camden Point Association prior to construction. Thus, the permit issued by CAMA could be conditioned upon such approval if you deem this necessary in light of the "Community Use Property" shown on the Reynolds plat. BOOK. .PAGE IF holder, C. T. S. :Keep, as,noted-hereon. The property hereinabove described was acquired by Grantor by instrument recorded in .............. A map showing the above described property is recorded in Plat Book .................................... page ......................... ' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: I• Such utility easements and rights of way as appear of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed in Its corporate name by its duly authorized officers and Its seal to be hereunto affixed by au[ of Its Board of Pirect-tS, the day and year first above written. ALBEMARLE REALTY & MORTGAGE COMPANY „ __ __________________________(SEAL) •------- ---------- ^. iRED LEY S itute Trustee i rpor to Name) 1.7 r INC. r, <, By Con sent�: t yam i V _(SEAL) ATTEST: � .-... — ___.___________.____K_EE_________________________ [` ______________ ----------------------------------------------------------- CT. SP ____ -____________________Secretary (Corporate Seal) W (SEAL) •.I1 i1111 M1„y SEAL -STAMP', NORTH CAROLINA, ___ AggVOtgn]S____________ county. d 1, a Notary Public of the County and State. aforesaid, certify that _J_ Fred_Rilev,-_Sub_ _____ 4 stitute Trustee cantor, personally appeared before me this day and acknowI d ed the execution of the foregoing Instrument. Witness my e I I Ptn Imp p hand and official stamp or seal, this LAY _V_!day of __ -- -� f--(-�--{',11 My commission expires: -- _ I_ _�------------------f- '`--- �••�`--" --- Notary Public .'S SALT$TAMP 1, a Notary Public of the County and State aforesaid, certify that j 1 r'1 �• ,y personally came before me this day and acknowledged that he Ia Secretary of t I j Ay -Albemarle Realty_ &_ Mortgage_ Company_t anNorlh Carolina eorpo[atlon, and that by authority duly l u �r7 C1 fT �l given and as the act of the corporation, the foregoing instrument was signed In Its name by Its U f. Secretary. President, sealed with Its corporate seal and attested by ___________ as A! 9 "'•`' (;i P Witness my hand and ofticlal stamp or seal, this _ By of __ ---, -- (-j- __ I si afy commission expires:�( �;,•', Notary Public/ CLT Y)1 X1-1111 The foregoing Certiflcate(s).ot --- Carolyn- Sr-Rogers.,--Gn€'e--D xon-kl--a--Notary"public-of-Con=rweal-th-©f ------ Vi r{3iniar-and-Jay _Jacicsonr-a_Notar-y--Ptabli--r--of--Pascluotank- Dour)ty------------------------------------------------ ------------------------------------------------------------------------- ------------------------------------------------------------------- Is/are certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the first Page hereof. ___`/� �__� Olden_________________COUNTY ________________REGISTER OF DEEDS FOR___________ ______ By-------------------- ------------------ Deputy/Assistant -Register of Deeds N.C. Bar Assoc. Form No. 9 O 1976. Revised 1977. - Primed by AI'eemenl wllb Ibe N.C. Bar A.W..1911. POOLE PAINTING CO., INC. P.O. BOX 17919 nALEIGN, N.C. 27619 NW OrricE.5 WHITE, HALL L MULLid .106 NRAMEP 01 M FI 17APETI1 CITY. N.0 square feet, advertising the property for sale or rent or one sign not exceeding six (b) square feet, used by the Declarant or a builder cl: advertise the property during the construction and sale period. Except that: . b. Commercial Use. Commercial activities may be conducted on Edgewater Lots numbered 1, 14, 15, 34 thru 43, 94, 95, 11.8 149, 170, 171 and on contiguous lots in'any ILB) area to the extent of not more than 109E of the land area of such (LB) area. Such commercial use shall be limited to provision of sertices, supplies, lodging, dockage and marine fabrication for the general public, in structures of not more than three ()) stories in height occupying no more than 1/3 of the area of the original lot or assembled adjacent lots with th remaining 2/3 of the area open and available for parking and landscaping. Inventories shall be kept under roof or in well screened enclosures on such commercially used lots. C. Residential Complex Use. Parcels combined or sub- divided to RC status shall be used only for multiple dwelling units such as cluster, row, town- house, apartment, condominium, mobile home village and other such family unit permanent structures and shall not be used for rooming houses, communes, motels, hotels or other such transient purposes. Such permitted structures shall be restricted in .height to the lower of three stories or 35 feet and shall be set back from all property .lines by a distance of not less than 200 feet. Except that contiguous lots in LB areas and in Edgewater may be combined for construcl.icn of adjoining cluster, row or townhouse tvpe dwel.11.nFs on such assembled lots provided there are no more than one and one half (11) family units constructed per each original Iot 115,000 sq. ft.) of said assembled Lots, that all remaining space be used for gardens, lawns, driveways and parkinp, faciliti.ee and that building set backs comply with paragraph 5a, hereof.' d. Transient Residential Use. Parcels combined or subdivided to TR status shall. be used for trailer camps, motels, hotels, rooming houses and other sucl installations for the provision of transient or Syr LAW OFFICES WHITE. HALL A MVLLLe 3M KR Vt OLDC, ELIZABETH CITY, N. C. b. PARCELS, as alpha numerically identifted in this Declaration and as created under ha(T) hereof, may be contiguously combined or further subdivided: (I) into residential est..nte-, (RF). each of not less than two (2) ncres area which shall not be further subuivided; (II) into residential complex properties (RC), eact of not less than 5 acre area which cannot be further subdivided; (III)into transient residential. properties (TR) of .,not less than 20 acre area which cannot be further subdivided. (IV) into Lot/Block areas as per paragraph 4a(II) hereof. c. Lots subject to this declaration shall not be further subdivided except that contiguous lots may be combined and re -subdivided into lots each of which shall exceed 15,000 square feet in area. The owner of two or more adjacent lots may build on the common lot line of said adjacent lots provided such building shall be placed thereon prior to exercise of the easement reserved in paragraph 2 hereof; in such case, the so combined lots shall not be subdivided in any manner. 5. PROPERTY USE. Property subject to this declaration shall be used only in the manner and for the purposes herein prescribed: A. Single Family Dwelling Use. No building of a permanent nature shall be erected, placed or permitt to remain on any lot, residential estate or undivid parcel of land subject to this declaration other than one detached single-family dwelling not to exceed 21 storied in height and containing at least 600 square feet of floor space in heated areas, exclusive of porches, exterior storage and attaches! garages. Notwithstanding the foregoing, accessory structures such as garage, greenhouse and pet house may be erected and maintained, as detached structut on any such property, after or concurrently with the erection of the permitted single-family dwell- ing. Any such permitted structure shall be under roof with the exterior material applied and all doors and windows in place within 180 days from the start of construction. No such structure shall be located on any such property within 40 feet of any street line or within 15 Teat of any interior, side or back boundary line. No sign or any kind of advertising deice shall be permitted on any such property, except one sign of not more than two (2) square feet identifying the owner(s) or occupants of the property, one sign, not exceeding eight (8) 3. APPROYAL OF PLANST All plans for property subdivision conditional use, structural construction and placement of structur on any property subject to this declaration shall be submitted to Camden Point Association in written and pictorial form as pre- scribed by said Association or its designated successors or assign for approval prior to any execution thereof. Approval or rejectio of such plans shall be based on considerations regarding best interests of the community, public health, welfare, safety and architectural harmony as these considerations may reflect upon the applicant's property as well as the properties of other Association members. The Association shall act upon each application within 30 days of plan submission, reporting its find- ing to the applicant in writing. Work under a plan may not be started until affirmative findings have been received by the applicant from the Association. In case of dispute, the applicant may request that the Association call a full membership meeting to hear the factors of the dispute. Such meeting shall be held within sixty days of the date of written request for same. At such meeting all persons wishing to speak on thequestlon in dieputl shall be heard. Written presentations shall be read aloud to the meeting by the secretary of the meeting. The Board of Directors of the Association or its designated alternate shall rule In the dispute within the five days next following the meeting and shall post its findings by mail to all Association members who attended the meeting or provided data thereto. Said rulings shall be final and binding except as invalidated by a Court of lnw. 4. SUBDIVISION. The properties subject to this Declarati are sub -divided into four major districts, The Point, Hunters Park Edgewater and The Midlands, as shown in attached maps. The districts are further sub -divided into open land areas, alpha - numerically identified parcels and numbered lots. a. Open Land Areas may be contiguously combined or further subdivided: (1) into parcels each of not less than 10 acre area which shall not be further subdivided except as provided in 0 hereof; (I1) into lot/block (LB) areas each of not less than 25 acres which may be subdivided into lots, each of not less than 15,000 square 'foot area; (III)into unrestricted blocks (UB) each of not less than 50 acre size which may be further subdivided to any residential unit size that is compatible with health, safety and welfare regulations or stipulations of concerned government agencies, and complies with all other requirements of this Declaration. LAW OFFICES WHITE, HALL { MOLL H 306 MWER III.M. ELIZABETH CITY. N. C. Corporation by deed from Harry E. Pinkerton and wifel Dorothy N. Pinkerton, dated January 2, 1970, filed for record January 30, 1970, Book 54, page 6441 Office of Register of Deeds, County of Camden, State of North Carolina. The above described lots are hereby subjected to the following restrictions as to the use thereof, running with said properties by whomsoever owned, to wit: 1. ASSOCIATION CONTROL, The administration, control and enforcement of the use covenants and restrictions herein set forth are hereby granted by the Declarant to Camden Point Association, hereinafter called the Association. The rights of the Declarant in all right of ways, roads and canals now existing on Camden Point Penninsula oast of North Carolina State Road343 together with its rights in proposed roads and canals subject hereto and recreation properties set aside or to be set aside by Declarant for the purposes of the Association are, and shall hereafter be, the rights and properties of the Association. The owner of any property subject to this Declaration shall automatically become e member of the Association at the time he receives his deed to such property and shall from that day forward have rights, privileges and obligations in accordance with the Association's By-laws, including but not limited to voting rights, rommon property privileges and Association dues and assessment obligation Dues and assessments of the Association shall be n lien on the property owned by each member and If not paid wirhin 60 days of the established due date may be col.Lected by the Asse0 ation at-, provid by law for sales under mortgages and deeds of trust, rhr Assoclat shall collect dues from each member, except the Declarant, et the fixed rate of $120.00 per year through 31 December, 11/6; nfter that date, dues and fees shall be established annnnlly by member- ship meeting to cover budgeted annual expenditures of ' the Associat as determined by said meeting in accordance with lly-laws of the Association. 2. PERPETUAL EASEMENT. Camden Island Corporation for it- self and its successors or ass[gns, hereby reserves and retains a perpetual easement, privilege and right for utility purposes on, in, above and under a ten foot strip of land along all road, canal and right-of-way boundaries of the subject property and on, in, above and under a five foot strip of land along the interior property lines of all original land units subject to the Declaration. LAW OfricES WNRI. HALL Y NULLEN 006 K...[h DLDG fLIFADETN CITY N.C. o1 SAW or ZICES WRIT(. R4L & MULLON 006 KRAMZR ELM ZLIZANT,1 CITY, N. C. line of State Route 343); thence North 1" 301 Enst 3,049 feet to a point; thence North 88^ 51,1 Fast 3,227.5 feet to a point; thence North 10 101 East 1,451 feet more or less to the point of beginning; said tract containing 1,77y.5 acres, more or less. Excepting, however, from this conveyance that portion of the land described above comprising roods, drives, canals or easements as the same may now exist or as they may be shown on plats of record as of the date hereof. Subject to existing service and utility easements, if any, and to any such easements shown on plats of record as of the date hereof. Reference is herein made to that plat entitled "The Midlands, Subdivision by Camden Island Corporation, marked Tract Three" and dated January 6, 1971. TRACT FOUR: Beginning at a point on the shore line of Albemarle Sound, which point is the southwestern corner of TRACT FIVE described in the Deed from Harry E. Pinkerton to Albemarle Realty & Mortgage Co., Inc., dated June 19, 1968, which is recorded in Deed Book 52, page 484 in the Camden County Recorder's Office, and from said point of beginning running northeasterly with the westerly line of said TRACT FIVE 1,040 feet more or less to the southerly side of Sailboat Road; thence with the southerly side of Sailboat Road South 748 451 West 575.2 feet to a point; thence North 65° 041 West 1,995 feet to a point; thence North 68. 291 West 2,325 feet, to a point; thence North 69. 39t West 1,100 feet to a point; thence North 670 25t West 420 feet to a point; thence South 23- West 600 feet more or less to the shore line of Albemarle Sound; thence southeasterly along the shore line of Albemarle Sound to the point of beginning; said tract containing 100 acres, more or less. Subject to service and utility easement along the northerly boundary of said tract. Reference is herein made to that plat entitled "Edgewater, Camden Island Corporation", and dated June 1, 1970. BEING the same properties conveyed to Camden Island name by its Vice President, sealed with its corporate seal, and attested by herself as its Assistant Secretary. Witness my hand and notarial seal, thiaWSJ- day of u , 1971, . otar rublic Mi cq�mmiseion expires: iota 19r, NORTH CAROLIHA CAMDEN COUNTY The foregoing or annexed certificate of Gloria Johnson a Notary Public of CdAden County, State of North Carolina, is certified to be correct. 0 This 23 day of February A.D. 1971. -e4 . egister o Dee By; V e� puty— Filed for registration on the Z33 day of 4-4 19 i/ at 3%3c77 o'clock P. 14, and registered on the ..7.3 day of Id- 19_.Zl , at -1 .e o o'clook ! Register o ee s LAW WrIC0 WHITE, NAIL R MULLIN ZRE KRAMER RLM. ELIZARETII CITY, N. C. binding on all parties and all persons claiming under them. Enforcement shall be by proceedings at law or in equity against violating or attempting to violnte any covenant, either to restrain violation or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shn.11 remain In full force and effect. IN TESTIMONI WHEREOF, Declarant has caused these presents to be executed in its corporate name by its Vice President, attested by its Assistant Secretary, and its corporate seal to be hereto affixod, all by order of its Board of Directors duly given, the day and year first above written. CARD/Ej\N1 ISLAND CLy1O�RPO'RATION BI�I Vice President ATTEO: Zr 7, 1 a Secretary STATE OF NORTH CAROLINA COUNTY OF I, ^, •�•. ��o ;�, a Notary Public, certify that lL;. (c�S personally appeared before me this day and acknowledged thstshe is Assistant Secretary of CAMDEN ISLAND CORPORATION, and that,lby authority duly given and as the act of the corporation, the foregoing instrument was signed in its LAW OFFICES WHITE. HALL L MHLLIN 306 NNAMEN BLOC. ELIZAREDI CITY. N. C. e. Each property owner or tenant shall be responsible for the disposal of all trash and garbage on his property and shall, prior to disposal, retain such material in covered containers in a sanitary condition at least three (3) feet inside his pror�er line. f. To maintain an attractive physical appearance and reduce fire hazards, each owner shall keep his lot(s) free of tall grass, dead trees, trash and rubbish. 8. The Declarant, its successors or assigns, shall have the right to make additional properties subject to this declaration. Such additions shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the Covenants and Restrictions of this Declaration to such property. Such Supplementary Declarations may contain such complimentary addition and modifications of the Covenants and Restrictions contained herein *as may be necessary to reflect the differing, needs, If any, of the added properties. In no event shall. any Supplementary Declaration revoke the Covenants established by this Declaration on the properties described herein, except as said revokatlon may be approved In writing by majority vote of Camden Point Association. 9• These restrictions shall be binding on the land and all parties owning some or in possession thereof for n period of twenty-five years from date hereof and shall be extoHded f�,r• successive periods of ten years therearter unless prior to the expiration of said twenty-five near period or of any such ten year period an Instrument signed by a majority or the owners nr' record of the property subject to this Declaration ':,is been recorded revoking or nullifying said restrictions; I,•:wTever, 0- purposes of the foregoing limitations and restrictio-ra being t insure the use of the properties for nttrar.t.lve resilential :Inc! commercial uses, to prevent nuisances, to prevent imn3rm=nt •,r the attractiveness of the property, to malntaln the den:rab. Ity of the community and thereby secure to each owner the full r.!nefir and enjoyments to his property with no greater restriction unir the free and undisturbed use of his property thnn are necessary to insure the same advantages to other owners, any reasonatLe change, modification or addition to the foregoing shall be considered by the Association and, if approved in accordance with its by-laws, will be recorded and when recorded shall be ns bind it as the original Covenants. These covenants are to run with the land and shall be Low orris" WHITIL HALL{ MOLUN ]B! BBAMLn ELM ELIZABETH CITY, N.C. Waterways and Canals adjoining )r within propertie. subject to this declaration are essential to storm water control, wild life maintenance and limited navigation and shall, therefore, be mnintnined and regulated by Cnmden Point Associntion, its success, and assigns, subject to the following: (I) Bridging of canals less than 30 fne}, wide sha be permitted subject to pr,,vislmms a" paragra 3, hereof, and provided design of stir?- bridge assures a minimum boat chnnnel r.learanne of a least 10 foot width by twenty four inch he.igh above mean high water and provided further th. no bridge abutment shall project Into a then existing, road bed as a hazard to normal tr•atf on said road. (1I) Canals exceeding 75 feet in width shall be us as waterways and mooring sites, provided that piers, bulkheads, wharves and pile heads may only be installed by or for the owner(s) of property adjacent to such installations and may not extend more than 4 feet into the cans providing for boat mooring parallel to shore line except that at Edgewater Lots 36-41 such structures may extend up to 55 feet into the canal, perpendicular to said lots and, except that at an Edgewater access path, a dock, pier or pile head structure not more than 6 feet in width may be constructed perpendi.cula to the canal bank to a length up to 35 feet and provide perpendicular mooring to vessels up to 30 feet in length. (1I1) Maximum boat speed on interior waterways shal not exceed 5 miles per hour. (IV) No raw or treated sewage, garbage, hydrocarbo fuel) lubricant or other waste material shall be discharged into any waterway subject to th declaration. 7. SANITATION. a. All structures intended for occupancy, both come and residential must be equipped with inside plum facilities. b. All sanitary plumbing and disposal of waste shall conform with the minimum requirements of the Heal Department of Camden County, North Carolina. c. Each septic tank installation shall be located with its source building between it and any canal adjoining the building site. d. Each well shall be located at least 50 feet dista from any septic tank installation. "W orncu WHITE, HALL L MULLBH 306 RRAMFR BLOC. BLIZABrrH CITY•N. O. fashion, not constituting a public nuisance or hazard and when subject to special assessments by Camden Point Association to cover disproportionate use and loading of common properties facilities and services of said Association. (VM)Hospital, medical clinic, geriatric center rest home and nursing home when structurally occupying less than half of contiguous land owned or controlled by such organizations, and when subject to special assessments by Camden Point Association to cover disproportiol ate use and loading of common properties and service facilities of said Association. g. Prohibited Usage of properties subject to this declaration shall include: (I) Motor vehicle racing (II) Came hunting and dog running (III) Noxious, offensive or immoral activities which shall constitute an annoyance or grievance to a neighboring property or the community as such annoyance or grievance shall be ruled valid by Camden Point Association. 6. ROADWAYS, WATERWAYS, ACCESS EASEMENTS AND COMMON PROPERTIES. All properties subject to this declaration shall shar with the Declarant in its rights of way over roads and waterways adjoining the four major districts hereof and, through Camden Poin Association, in rights of way over roadways, waterways, access easements and common properties dedicated or to be dedicated to said Association from time to time by Declarant including but not limited to', Parcel P)), North River Road, Center'poi.nt Lane and Sound Road at The Point; Central Lane and Westcut Way at Hunterts Park; Canal Road, Broad Creek Road Extension, Camden Point Road Extension and Fishermans Road Extension at The Midlands Edgewater Way, Sound View Drive, Beach Road and Lora numbered 126, 127 and 172 at Edgewater. a. Maintenance. Policing, development and modification of the right of ways and other common properties subject to this Declaration shall be the responsibi ity of Camden Point Association and its successors or assigns. b. Road Right of Wens, access paths and common properties shall be kept clear of all obstructions including, but not limited to parked vehicles, construction material and equipment, fences and temporary structures except such structures as may be briefly involved in construction, maintenance and repair of roads, paths and common properties. Speed limits shall be as marked but at no point may exceed 25 miles per hour. North Carolina vehicular safety regulations shall be applied to al. vehicles operated on subject roads.