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HomeMy WebLinkAbout168-96 Snows Cut Marina TownhousesPermit Class Permit Number NEW STATE OF NORTH-CAROLINA Department of Enviromnent; Health• & Natural Resources and Coastal kesources.Commission for: R Major Development -in an Area.of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 168-96 Issued to Snows Cut Marina Townhouses, do Northcrest Investment Co., 803 Canal Dr., Carolina Beach, NC 28428 authorizing development in New Hanover County at Myrtle Grove Sound, immed. south of Snows Cut , as requested in the permittee's application dated 8/7/96 including attached workplan drawings for upland development, 4, dated received 8/9/96. This permit, issued on \ 9_ — \\— Rko , 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. Upland Development Authorization 1) Any and all reference to new marina dock construction, marina basin excavation and other manna amenities is hereby deleted. Authorization is not provided for these activities unless this permit is amended. 2) The Division of Water Quality authorized upland development on October 1, 1996 under Storm - water Management Permit No. S W8960805. Any violation of the stormwater management permit will be considered a violation of this CAMA permit. 3) All bulkhead construction or repair will take place landward of wetlands. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Snows Cut Marina Townhouses Permit #168-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) The residential project will be carried out in keeping with all local state building codes and regulations. 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Permit Class Permit Number NEW 168-96 STATE OF NORTH- CAROLINA Department of Enviiotunent Health & Natural Resources and' Coastal k'esources.Commission P.rM. t. X Major Development in an Aria of Environmental Concern pursuant to NCGS 113A-'118. Excavation and/or filling pursuant to NCGS 113-229 Issued to Snows Cut Marina Townhouses, c/o Northerest Investment Co., 803 Canal Dr., Carolina Beach, NC 28428 authorizing development in New Hanover County at Myrtle Grove Sound, irnmed. south of Snows Cut as requested in the permittee's application dated 8M96 including attached workplan drawings for upland development, 4, dated received 8/9/96. This permit, issued on \ 9, — \\_ qlo , 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. Upland Development Authorization 1) Any and all reference to new marina dock construction, manna basin excavation and other marina amenities is hereby deleted. Authorization is not provided for these activities unless this permit is amended. 2) The Division of Water Quality authorized upland development on October 1, 1996 under Storm - water Management Permit No. S W8960805. Any violation of the stormwater management permit will be considered a violation of this CAMA permit. 3) All bulkhead construction or repair will take place landward of wetlands. attached sheet for Additional This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r Snows Cut Marina Townhouses Permit 9168-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) The residential project will be carried out in keeping with all local state building codes and regulations. 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Permit Class Permit Number NEW 168-96 STATE OF NORTH- CAROLINA Department of Environmeht,_Health* Natural. Resources and- CoastalResources.Commission 17 PrIIY.Itt_ Major Development'in an Area. of.Envifonmental Concern pursuant to NCGS,113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Snows Cut Marina Townhouses, c/o Northcrest Investment Co., 803 Canal Dr., Carolina Beach, NC 28428 authorizing development in Myrtle Grove Sound, immed. south of Snows Cut as requesterin tlj�pegnitXe's application dated 8/7/96 including attached workplan This permit, issued on \ 2 — \\— yAo is sub tttoro ance with the application (where consistent with the permit), all applicable regulations. special conditio d otes s f below. Any violation of these terns may be subject to a fine, imprisonment or civil action; or may cause it be null and void. Upland Development Authorization 1) Any and all reference to new marina dock construction, marina basin excavation and other marina amenities is hereby deleted. Authorization is not provided for these activities unless this permit is amended. 2) The Division of Water Quality authorized upland development on October 1, 1996 under Storm - water Management Permit No. SW8960805. Any violation of the stormwater management permit will be considered a violation of this CAMA permit. 3) All bulkhead construction or repair will take place landward of wetlands. (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 Chairman of the Coastal Resi the Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Si re of Permittee Snows Cut Marina Townhouses AD I NAL 4) The residential project will be carried o (tiuel regulations. Permit #168-96 Page 2 of 2 ing,�n't'�1j�i all local state building codes and /'I 5) If the permittee discovers any previously unkndNAq1.hi4toric c aeological remains while accomplishing the authorized work, he will immediate of e Wilmington District Engineer who will initiate the required State/Federal coordinati NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 22, 1997 Regulatory Branch Action ID No. 199603443 and State Permit No. 168-96 Northcrest Investment Co. ATTN: Mr. Steve MacCurry 803 Canal Drive Carolina Beach, North Carolina 28428 Dear Mr. MacCurry: Reference your application for a Department of the Army permit to dredge 4.6 acres of non -vegetated, shallow water, and construct a docking complex, incorporating 4.5 acres of open water, adjacent to Carolina Beach Yacht Basin, appoximately 500 feet south of the mouth of Snow's Cut, at the end of Spencer Farlow Drive, in Carolina Beach, New Hanover 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 enclosed plan. 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. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure yRECFIVEO JAN 241997 COiS SAL 69ANAGUIENT Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Highway, RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 "North 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 27936-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island - Beaufort, North Carolina 28516 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No.198000291 Name of PeLmittee: (•.onaral D„hlin Effective Date: August 5 1996 Expiration Date: August 4. 2001 DEPARTMMNT OF THE ARKr- - .? - GENERAL PHMIZT _ A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and.Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington - Corps of Engineers Post Office Box 1890 Wilmington,. North Carolina 28402-1890- TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES THAT RECEIVE PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF THE FOLLOWING AUTHORIZATIONS: A. COASTAL AREA MANAGEMENT ACT,.(CAMA) PERMIT. B. PERMIT TO DREDGE AND/OR FILL. C. WATER QUALITY CERTIFICATION (SECTION 401, CLEAN WATER ACT). a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of -a complete application by the NCDCM will initiate field review to include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an action identification number, acknowledged, and the appropriate Corps' Project Manager will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Project Manager's determination. -Notification to the applicant will include a brief description of the administrative process. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Quality (NCDWC) and the applicant will be .i -2- r informed regarding the applicant's need to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act. b. The NCDCM Environmental Consultant's Field.Report will be furnished by the respective NCDCM Regional Offices .to_the'Zorps. The Corps will provide copies of this Field Report to the U.S. Fish aad Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) and the U.S. Environmental Protection Agency (EPA). Receipt -of the Report will initiate the Federal Agencies' review. The agencies will be provided sufficient time by the corps, normally thirty (30) days, before their comments or recommendations, including any recommended modifications or conditions necessary to make the proposal acceptable, must be received by the Corps. Should the agencies not comment within the review period, -it will be assumed they offer no objections. Extensions of time will be granted for agency review only if judtified by unusual circumstances. If an -extension is -granted that would delay a NCDCM decision by the date on which an'NCDCM decision must be made, the application may be removed from this general permit. c. The permit review process conducted by the NCDCM is a public process involving public notices in local newspapers, public hearings and various public appeal procedures. To further inform the public, the Corps:` will distribute, at intervals of approximately two (2) weeks, an additional - public notice listing those permit applications received and being considered by NCDCM and the Corps under this general permit since the'preced=9 notice. The notice will invite, for not less than fifteen (15)-days;-public comments and/or requests for additional information and for public hearings. All comments will be considered in the overall State/Corps decision on a permit. d. This general permit does not, in any way, alter •"established procedures or responsibilities, as required by Federal laws, memorandum of agreements (MOA's) or administrative regulations with respect to the Corps' coordination with the review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. - e. After Federal review agency comments are received, they will be reviewed by the Corps and a coordinated Federal position will be prepared and furnished to the NCDCM, in Raleigh, within forty-five (45) days after receipt of the State- Environmental Field Consultant's Report. The coordinated Federal position will include all conditions (including recommendations for denial) recommended by the Federal agencies unless a changed or omitted condition has the prior written agreement of the affected agency. f. In those cases where the Corps does not concur with conditions or recommendations of one or more of the Federal review agencies, no coordinated Federal position will be furnished to the NCDCM until and unless Federal agency agreement has been reached including, if necessary, entering the referral procedures outlined by current memorandum of agreements (MOA's) between the Army and respective agencies. The Federal review agencies will be provided a copy of the coordinated Federal position at the time they are furnished to the NCDCM. -3- g. If the conditions (including recommendations for denial) from the review agencies are unacceptable to the NCDCM,'the NCDCM will contact the Corps within ten (10) days of receipt'of.the Federal position to resolve the conflict. If resolution.of_.the conflict.involves.changes to the conditions or recommendations provided by the Federal reviewagencies; the provisions of paragraphs e. and f. (above) will apply, including the procedures of the MDA's, if appropriate. I£'the conflict ji'resolved to the satisfaction of the Crops and affect review agencies, the NCDCM permit will be issued and the authority of the general.permit_will apply." h. If the conflict is not resolved within the time necessary for a decision by. the NCDCM, the NCDCM may proceed,. independently, to conclude the State action without inclusion of the Federal position. In such case, the applicant and the NCDCM will be notified. immediately, in writing, that the State permit does not satisfy the Federal permit requirements and that the proposal in question may not proceed without Federal authorization. i. If the coordinated Federal position is not in conflict with State agencies' positions, law, regulation or policy and is otherwise acceptable to the NCDCM, a State permit will be developed by the NCDCM fully incorporating the State and Federal positions. Copies of ,the permit will be furnished to the applicant and the Corps. When required, .a copy of- the Section 401 Water Quality Certification will be furnished to the applicant and the Corps. Issuance of both the NCDCM permit and the NCDWC 401 Water Quality Certification, if required, must proceed validation of this general permit by the District Engineer or his representative. . j. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that Federal authorization is denied without prejudice. k. No work may proceed under this general permit until and unless the District Engineer or his representative provides written validation that the procedures and conditions of the general permit have been satisfied. 1. Following issuance of a NCDCM permit, the project will be monitored by NCDCMpersonnel and inspected for compliance with NCDCM regulations and procedures. Monitoring and periodic evaluation will also be conducted by Corps, personnel. If, any time, a violation of the NCDCM permit is discovered which would also have been a violation of the Federal position, enforcement action may be taken by both the NCDCM and the Corps in. accordance with their respective regulations and policies. m. Any work performed in any area under the regulatory jurisdiction of the Corps of Engineers that does not comply with the terms and conditions of this general permit must have prior approval under the customary regulations administered by the Corps as found in 33 CFR 320-329. n. All activities identified and authorized by this general -4- permit must be consistent with the terms and conditions of this authorization. ,Any activity accomplished-, but not specifically identified . and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. General Conditions. a. All activities authorized by this general permit that " involve the discharge of dredged material in waters of the United States will be consistent with applicable water quality standards; effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the'proposed activity involves the discharge of dredged material in waters of the United States, before the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWC) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of " activities authorized by this general permit. c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within sixty (60) days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the work -site to a pre -work condition. d. The permittee must make every reasonable effort to perform the work authorized herein in a manner to minimize any adverse impact on fish, wildlife and aquatic resources. e. The permittee must perform the work authorized herein in a manner to minimize any degradation of water quality. The activity will be conducted to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the. turbidity in the waterbody is fifty (50) NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Water Quality (NCDWC),. twenty-five (25) NTU's or less in all saltwater classes and in all lakes and reservoirs, and ten (10) NTU's or less in trout waters, are not considered significant. f. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. g. This general permit does not convey any rights, either in . ft. real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, -but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAM)) Permit (N.C.G.S. 113A-119), an Basement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. h. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the beat public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five (5) years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. J. This general permit will not be applicable to proposed activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas that possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. -6- (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C'. 1531). 1. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. m. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedures for processing as individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: _c. Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer ll✓O-M-96• S)'ED 09:27 FAX 910 458 3229 NORTHCREST INVESTMENT 4 001 DATE: November 20,1996 TO: JOHN PARKER FAX #: 919-733-1495 FAX TRANSMITTAL RE: NORTHCREST CANNA PERNITT FROM; -NORTHCRESI' INVESTMENT COMPANY A'TTN: STEVE NIacCURRY FAX #: 910-458-3229 N C'NIBER OF PAGES MCLUDLNG THIS PAGE: T r'()NINIENTS: .10RN: LETTER REQUESTING ISSUANCE OF PERMIT FOR UPLANDS DEVELOPMENT. PLEASE (' i ? eW AND LET ME KNOW IF WE NEED TO DO ANYTHING ELSE. YOU CAN Itf.Ac 11 JfE AT 910-458-3229 OR ON MY MOBII.E PHONE 910-471-2301. STEVE 1F YOU HAVE ANY QLESTP NS REGARI)TtiG THIS TRANSMITTAL, PLEASE CALL OLR VOICE LINE Al 910-458-3229 11L4U-'p1UJ WGU UN:Zi tall N1U 352E SZZN NUKTRCCREST IN\-ESTMENT L0002 NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE C AROLINA BEACII, NC 28428 (910) 458-3229 FAX (910) 458-3229 November 20_ 1996 Mr. John R. Parker Jr. State of North Carolina Department of Environment, H:alth and Natural Resources Dig ision of Coastal Management PO BOX 27687 Raleigh, NC 27611-7687 Dear Mr, Parker: 1 am in receipt of your letter dated November 15, 1996 regarding the delay in the processing of our Cama permit application. Pursuant to our recent conversations 1 am requesting that you issue the permit for the upland development at this time; and the permit for the marina development after you complete the review of the environmental document. Thank you for your immediate attention to this matter. Sincerely. Steven H MaeCurry 1{En 09:28 FdX 910 458 3229 NORTHCREST INFESTMENT tO003 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 15, 1996 Mr. Steve MacCurry Northerest investment Company 803 Canal Drive Carolina Beach, NC 28425 Dear Mr. MacCurry: This letter is to follow-up on our telephone discussion of last Friday concernin;4 your Snows Cut Miu-ina Townhouse project. I informed you that permit application review was nearing completion; but there had been a delay in the review of the environmental document. Because of that delay, it is necessary to place further processing of your application in abeyance. By law, we cannot take final action on an application request when review under the N. C. Environmental Policy Act is required and has not favorably concluded. We regret this delay. Unfortunately, it will probably be mid -January before we can provide you with a final action. Very sincerely, Johk R. Parker, Jr. Major Permits Processing Coordinator JRP:j r'aw cc: Bob Stroud DCM-WilmingLon office P.O. Box 27687, -w 4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% ieCyoied/10'%o post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD A) 'APPLICANT: Northcrest Investment Corp./Snow's Cut Marina Townhouse 9' C) COUNTY: New Hanover LOCATION OF PROJECT: Adjacent to the Carolina Beach Yacht Basin at the end of Spencer Farlow Drive in Carolina Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 9, 1996 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be_Forwarded - N/A FIELD REPRESENTATIVE, Tere Barrett DISTRICT MANAGER REVII DATE APPLICATION RECEIVED IN RA PUBLIC NOTICE REC'D: v ADJ. RIP. PROP NOTICES REC'D: G E. Wilmington FEE REC'D: $ 1 G o RFD OF NOTICE DATE: !O-3 —5 b �DEED: REC'D: APPLICATION ASSIGNED TO: Qo-� ON: g_ \`%,5 L. 75 DAY DEADLINE: �/ y` o� — 150 DAY DEADLINE: MAIL OUT DATE: v(J d C 'G/ L // STATE DUE DATE: FEDERAL DUE DATE: FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE CO?4MENTS OBJECTIONS NOTES RETURNED YES NO Coastal Management Dist. Office Div. of Community Assistance Land Quality Section (u 2 Div. of Env. Marra emint 1 0 — 3 'S 3 e z } State Property Office _ C1G Div. of Archives & History _ D , Div. of Env. Health — IL0 Div. of Highways ,J Wildlife Resources Commission AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO IF NOTES pasta Div. of Water Resources / G Div. of Marine Fisheries r Recommendations Northcrest Investment Corporation/Snow's Cut Marina I recommend the project be authorized contingent on the following conditions: 1) ' , The boardwalk connecting the northern docking system to the existing pier to the south must be situated over open water. 3 2)F Excavation shall not be conducted within 10' of the marsh. 2 3)-I� In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. ¢ 4)t Excavation will not exceed 6 feet below the mean low water level. (M L_ w) '1�"L, , S 5)-6 No marsh grass will be excavated and/or filled. 6)F The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 8) F The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 9) L= The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 1 0 10)L� A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 1 11)� The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 12) <b Prior to occupancy of any new slips authorized under this permit, a marina pumpout sewage disposal facility will be installed and operable, and, maintained for the life of the marina. 16 13) b The marina will display a sign showing the location of the onsite pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 14) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 15) a This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this marina without permit modification. No non - water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. v 16) Q The authorized structure and associated activity must not cause an unacceptable interference with navigation. 17) An easement is required from the State Property Office prior to initiating construction. State of'NoiUr Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: I DFEE HNR September 11, 1996 TO: Zo6 D. Bruner, District Planner Division of Coastal Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Northcrest Investment Corporation/Snow's Cut Marina Townhou Project Location: Adjacent to the Carolina Beach Yacht Basin at the end of Spencer in Carolina Beach �EEIVED OCTIjii996 MANAGEMENT Proposed Project: Applicant proposes to convert a small marina/boat repair operation into a townhouse development, with pool and tennis court, and a 150 slip commercial marina. Please indicate below your office's position or viewpoint on the proposed project and return this form by October 2, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE �A/ 127 Cardrnal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer . A EDFEE HNR MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc: J. Harris, P. Pate, C.R.Stroud, Jr., T. Barrett FROM: Zoe D. Bruner, DCM District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Northcrest Investment Corp./Snow's Cut Marina Townhouses Carolina Beach, NC DATE: September 30, 1996 This permit consistency opinion is based on my review of the Northcrest Investment Corporation/Snow's Cut Marina Townhouses permit application, the Field Investigation Report (T Barrett, 9/9/96), and my understanding and interpretation of the policies presented in the Town of Carolina Beach 1991 Land Use Plan. The applicant proposes to convert a small marina boat repair operation into a 35-unit townhouse development with pool and tennis court and a 150 slip commercial marina. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation (AEC's)/Developed Future Land Use Element: Medium Density Residential/Commercial RELATED POLICIES AND IMPLEMENTATION MEASURES: AEC's (p. 38) ...Local officials will continue to have a policy of allowing those developments that meet current zoning regulations and all other applicable local, State or federal regulations affecting the AEC area. Constraints to development including Flood Prone Areas.. (p.38)Because so much remaining land area available for future development is either subject to flooding or consists of poor soil types, Town officials will not encourage development in these areas. However, developmentwill be allowed if all local, State and federal regulations can be met and all permits can be obtained for any proposed development. Myrtle Grove Sound(p.42) Because of the extent of the development along its banks, Myrtle Grove Sound is prone to many potential pollution problems, ranging from excessive dredging for marinas to increased stormwater runoff from streets and structures. Fortunately, the regular tidal flushings the Sound receives, along with the pollutant -trapping wetland vegetation (primarily) along the Sound's western edge and on its spoil islands, serve to help cleanse the water. In order to promote continued good water quality in Myrtle Grove Sound, the Town supports reduction in the amount of runoff from proposed developments, preservation of existing wetlands and associated vegetation, reduction of dredging activities to the minimum extent necessary to allow safe boat travel, and maintenance of the tidal flushing action that contributes positively to the water quality of the Sound. Commercial marina development consistent with local zoning regulations (see Future Land Use Element, page 59) shall be supported, so long as dredging activities are kept to the minimum extent necessary to allow safe boat travel. (Also emphasized on page 49, Marina Development) Upland Excavation for Marina Basins (p.50) Carolina Beach policy is to not restrict upland excavation for marina basins if such development meets all zoning and other local, State and federal regulations and all required permits are obtained. �- Damage of Existing Marshes by Bulkhead Installation (p.51) ...Only water dependent uses would be allowed and any bulkheads would be constructed landward of any significant marshland or marshland fringe in compliance with 15A NCAC 7 .0208(7)(B). Page Two, Northcrest Investment September 30, 1996 Policy, con't Future Land Use This area is designated for medium density residential (max 15 units/acre) and planned business development. CONSISTENCY OPINION: The quality of the waters of Myrtle Grove Sound is of considerable importance to the Town of Carolina Beach. All effort should be made to assure the Town that this project will pose no threat to the waters of the Sound. This project will be consistent with the Land Use Plan when the following conditions are met: 1. All bulkhead construction will be landward of any significant marshland or marshland fringe; and 2. dredging activities are kept to the minimum extent necessary to allow safe boat travel; and 3. all local State and federal regulations have been met and all permits obtained (Water Quality Stormwater approval must be obtained and every effort made to reduce stormwater impacts); and w 4. comments on this permit submitted by State review agencies should be considered and all recommended conditions met by the applicant. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt,Jr., Governor Jonathan B. Howes, Secretary A. Preston Flo ward, Jr., P.E., Director IL [DFEE HNR October 29,1996 New Hanover County DWQ Project # 960887 COE *199603443 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Steve Mac Curry Northcrest Investment Co. 803 Canal Drive Carolina Beach, NC 28428 Dear Mr. Mac Curry: You have our approval to dredge 4.6 acres of waters for the purpose of creating a marina and residential development at Snow's Cut Marina Townhouses, as you described in your application dated 24 September 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 except as modified below. 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 and any additional conditions listed below. Ms. Linda Lewis of the DWQ Wilmington Regional Office must be contacted for stormwater plan appraisal. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. 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 [order Section 401 of the Clean Water Act If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, (C-F; l'i%L(iNot 1141ss6Iton HoP ,Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM Linda Lewis; DWQ Wilmington Regional Office 960887.1tr 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 Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Steve MacCurry, President North Crest Investment Company 803 Canal Drive Carolina Beach, North Carolina 28428 Dear Mr. MacCurry: October 1, 1996 Subject: Permit No. SW8 960805 Snows Cut Marina Townhomes High Density Townhome Stormwater Project New Hanover County The Wilmington Regional Office received the Stormwater Management Permit Application for Snows Cut Marina Townhomes on August 9, 1996, with final information on October 1, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 960805 dated October 1, 1996, for the construction of Snows Cut Marina Townhomes. This permit shall be effective from the date of issuance until October 1, 2006, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an ajudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, 1 91,4 tm Bushardt, P.E. Acting Regional Water Quality Supe JBB/arl: S:\WQS\STORMWAT\PERMM960805.00T cc: Elizabeth Swinson, Hanover Design Services Tony Roberts, New Hanover County Inspections Ten Barrett, DCM Linda Lewis John Parker, DCM Raleigh Wilmington Regional Office, Central Files RECEIVED OCT 3 1996 WAVAL MANAGEMENT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action EmDlover State Stormwater Management Systems Permit No. SW8 960805 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations North Crest Investment Company Snows Cut Marina Townhomes New Hanover County FOR THE construction, operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered apart of this permit. This permit shall be effective from the date of issuance until October 1, 2006 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. All runoff from the built -upon area on the project must be directed into the stormwater treatment system. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 136,343 square feet of impervious area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. PA Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runo Classification of Water Body: If Class SA, chloride sampling results: Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Offsite Area entering Pond: Green Area entering Pond: Required Surface Area: Provided Surface Area: Required Storage Volume: Provided Storage Volume: Temporary Storage Elevation: Controlling Orifice: State Stormwater Management Systems Permit No. SWS 960805 DIVISION OF WATER QUALITY PROJECT DATA SHEET Snows Cut Marina Townhomes 960805 New Hanover County Mr. Steve MacCurry, President . North Crest Investment Company 803 Canal Drive Carolina Beach, North Carolina 28428 August 9, 1996 Carolina Beach Yacht Basin "SB" N/A 7.5 feet 4.2 MSL 136,343 square feet N/A 54,450 square feet 4,527 square feet 5,800 square feet 11,021 cubic feet 13,567 cubic feet 6 MSL 1.5" pipe State Stormwater Management Systems Permit No. SW8 960805 .4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built - upon area. 6. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. L Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 7. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. U. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in it's entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 4. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 0 State Stormwater Management Systems Permit No. SW8 960805 5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 6. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. M. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143- 215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The fling of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 1st day of October, 1996. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION G ) t A. Pres oward, Jr., P.E., Director Divisio of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 960805 F1 i a . . State Stormwater Management Systems Permit No. SW8 960805 Snows Cut Marina Stormwater Permit No. SW8 960805 New Hanover County Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Name 5n0Lu5 Cud' MaKc A10- 2. Location, directions to project (include County, Address, State Road) Attach map. 04So nape Fa lr,ls 93 /fro„+ 4e f�Xi}Plz, �o , Cc�Kolitin Nelck. Qew Uo,rtx c"e'R COuni+u 3. Owner's Name y4n0dS4 y L i:* Co Phone N S8 - py 5 r7 4. Owner's Mailing Address S03 CAt I 17 City tate 0 C. zip 24 (428 5. Application date $� �1 q � &50brn,f 9-(I-Q(. Fee enclosed $ yj$ 5.00 6. Nearest Receiving Stream -i (` 1) .p SO r r] C` Class -!Sw s. 7.Projectdescription 1-114L -51 since-�arcik r Resi er�}ia � Q 0n�k-S u,( rli,lahni� 3 }pv�i��S �,�L� i Poo H. PERMIT INFORMATION 1.Permit No.(tobefilledinbyDEh1) 2.PermitType_v-*' New Renewal Modification (existing Permit No.) 3. Project Type: _Low Density ,% Detention_ Infiltration Other:_ Redevelop _General _Dir Cert 4. Other State/Federal Permits/Approvals Required (Cheek appropriate brooks) CAMA Major Sedimentation/Erosion Control ✓ 404 Permit III. BUILT UPON AREA (Please see NGIc 2H.1oos thru .1007far appllcabk dem*y t nbs) Classification Allowable Impervious Area Total Project Area Drainage Drainage Basin Basin P C. ) 3, I ac Proposed Impervious Area 3,1606 % Impervious Area (,o % W. STORMWATER TREATMENT (Ovcribe bow the runoff will be Treated) Breakdown of Impervious A-e- (Pkare indicate below the deign impervious area) Buildings o (0b,5 ac Streets o 9 55v Parldng/Sw Q 'D of Other _ f . Qn C1Y . Totals �, V�j GLC , ri YU nrtp - t i 1 -P— Ai( ,Cl i MU 4G1 2 On r .nJ V• DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION I, _S-'eu.e Ma c-Coe-e , certify that the information included on this permit (Please print or type name Ilea l') application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. 1 authorize the below n ed son or firm to submit syormwater plans on my behalf. Owner/Authorized AgairrS ignature and Title DAtr VII. AGENT AUTHORIZATION (musTREcompLEran) Person or firm name Mailing Address 1J` 10, ( kyu u - te'e—e-A City UILt � % Stated Zip AN01 Phone ''5 5-366? Please submit application, fee, plans and calculations to the appropriate Regional Office. cc: Applicaut/WiRO//Central Files resubm�f �d `f-11�� STNMATE R n E C E I V E D AUG 0 91996 PROJ 9 IAI 9 4 Ole AUG`U 9-� POND MAI TIWANCE REQLTnu 1VIENTS 1996 .� PROJ # S(.V� R :• Project NamePUp�,.,S Cud MaetnQ log n, �n us, 5 Pmject No. y $q �, Responsible Party: UDA Caest -7 oes*rnp— Cp . Phone No. Address: S03 Ca,val D2. , CA901WO- by—,28-, Ali. e. agLia 8 I. Inspect monthly, or after every runoff producing rainfall event, whichever comes first A. Remove debris from the trash rack. B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown. mechanism, pump operation will be checked. A log of test. runs of the pump will be kept on site and made available to DEM personnel upon request. C. Check the pond side slopes; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repairs will be made as necessary. H. Quarterly A: Inspect the collection system (ie. catch basins, piping, grassed swales) for proper" functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for, obstructions. B. Pond inlet pipes will be checked for undercutting, riprap will be replaced, and broken pipes will be repaired. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. Eroded areas will be repaired immediately. III. Every 6 months A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The pond depth will be checked at various points. If depth is reduced to 75 % of original design depth, sediment will be removed to at least the original design depth. iv. u General STORMWATER nECEIVED Ilu�nnu�(( AUG 0 91996 PROJ S �`N'X_ K A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the system will be checked for clogging. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. Special Requirements hereby acknowledge that I am the financially responsible party for maintenance of this de ention pond. I will perform the maintenance as outlined above, as part of the Certification of Compliance with Stormwater Regulations received for this project. Signature: !�_ / ` _.� Date: N ors -4 allotary Public for the State of Norgl-) (2-arn i j Countyof_ Ck, ,dohereby certify that f:3JVLAP VA. MCC Urc--`! personally appeared before me this (_ day of Q 19-qL�_, and acknowledge the due execution of the foregoing instrument. Witness my h and official seal, My commission expires (0 -S - 2-00 4�jaA ,�pTAq� DA/arl: S:\WQS\STORMWAT\FORMS\08a\4-POND.1--OR pG2s, AUBL��' 2 ;CK CNee 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 , [DFEE HNF1 24 September 1996 TO: John R. Parker, Jr. DCM Major Permits Prcessing Coordinator FROM: P.A.. Wojciechowski 9/ SUBJECT: DREDGE AND FILL PERMIT Northcrest Investment Corporation/Snow's Cut Marina Townhouses Attached is the Division's reply for the above referenced project. If you have any qO tjons, please don't hesitate to contact me. PAW/bc SEP 25 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, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: •�EHNR September 11, 1996 TO: Mr. Bruce Freeman, Director Division of Marine Fisheries FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Nprthcrest Investment Corporation/Snow's Cut Marina Townhouses Project Location: Adjacent to the Carolina Beach Yacht Basin at the end of Spencer Farlow Drive in Carolina Beach Proposed Project: Applicant proposes to convert a small marina/boat repair operation into a townhouse development, with pool and tennis court, and a 150 slip commercial marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: 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 dTSe-p m the attached comments. �a SIGNED V l� DATE n}- I G -9 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer MEMORANDUM September 16, 1996 TO: John Parker FROM: Fritz Rohde SUBJECT: Northcrest Investment The Division has no obiin' tio�n to the above project even though significant dre gd g is involved. The project is not located in a primary nursery area and the area is closed to the taking of shellfish. State of North Carolina Department of Environment, Health and Natural Resources Dh&lon of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 20, 1996 1 _111MCI):L,10pis)3I TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNFR 0 r i9 6 44F _ SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: 7w's Cut Marina Townhouses/Northcrest Investment Corp. PROJECT LOCATIO End of Spencer Farlow Drive in Carolina Beach, New Hanover Co. PROPOSED PROJECT: To convert a small marina/boat rapair operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed and return this form by October 11, 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 memo. Signed, Llt5�d ) hd�&A Date %C—/d—,2/ P.O. Box27687, N" W 4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 IS4W An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 ycled/10%post-consumer paper ® NorCaroli th na Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing FROM: Bennett Wynne /�' E Habitat Conservation Program DATE: October 10, 1996 SUBJECT: CAMA/DREDGE & FILL permit application for Snow's Cut Marina Townhouses/Northcrest Investment Corp end of Spencer Farlow Drive, Carolina Beach, New Hanover County, North Carolina. The Wildlife Resources Commission has reviewed the subject application. A site visit was made on October 9, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A- 128). The project entails conversion of a 4.37 acre marina/boat repair operation on the Carolina Beach Yacht Basin to a townhouse residential development with extensive marina facilities. Dockage at the site would be expanded from 56 to 150 slips. A three building configuration of 36 townhomes is planned with associated roads, parking area, and recreational amenities. Dredging to a MLW depth of 6 ft. is proposed for 4.6 acres of estuarine bottom, 0.8 acres of which have not been previously dredged. Excavation would come within 16 ft. of coastal marsh. Spoil would be applied to diked high ground onsite and a Corps of Engineers spoil disposal site in Snow's Cut. Lush coastal wetlands occur waterward of existing, hurricane -damaged bulkheads and provide excellent habitat for wading birds and small estuarine organisms. Area waters are classified SB. Snow's Cut Marina October 10, 1996 Impervious surfaces have been held to 22% of the CAMA Area of Environmental concern. A pumpout station is to be provided and a locked head policy with extensive signage will be implemented. Boat docks will not exceed the existing pier head line and no fuel facilities are to be provided. We applaud these efforts to minimize adverse impacts, but remain concerned about turbidity effects on water quality during dredging, possible contaminants in dredge spoil, potential erosion of marsh by prop wash and/or boat wakes, and effects on wetlands of new or repaired bulkheads. Therefore, we recommend the following project modifications. 1. Avoid excavation between April 1 and September 30, a period of peak biological activity. 2. Have dredge spoil checked for contaminants before transfer to either of the two disposal areas. If contaminated, spoil should be treated as hazardous waste. 3. A buffer zone of undisturbed bottom at least 20 ft. in width will be maintained between coastal marsh and actual excavation to reduce the effects of erosion on the marsh. 4. All bulkhead construction or repair will take place landward of wetlands. Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: s:\boatfish\habcon\coast\d2 (snowscut.doc) V - 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 September 24, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries 1DEHNFR i Sip 2 5 1996 DMF PUB. TR./SUBLANIDS FROM: John Parker ©CT .��F Major Permits Processing Coordinator Q jq SUBJECT: CAMA/Dredge and Fill Permit Application Review 4`'fryr oj APPLICANT: now s Cut Marina Townhouses/Northcrest Investmen PROJECT LOCATION: di. Carolina Beach Yacht Basin at the end of Spencer Farlow Dr., Carolina Beach, New Hanover Co. PROPOSED PROJECT: Proposes to convert marina boat repair operation into a townhouse development. 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 ,V/ There are no known public trust conflicts with the project location or-desig*- There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed` Date 7i% P.O. Box 27687, I _J �FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, CAn Equal Opportunity/AHinyx3tive Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 20, 1996 lug 1 yiL[$77\Z�iilly TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator A1t 00 E� HNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review OCT a 1996 COASTAL NIANAGWENr APPLICANT: Snow's Cut Marina Townhouses/Northcrest Investment Corp. PROJECT LOCATION: End of Spencer Farlow Drive, Carolina Beach, New Hanover Co.. PROPOSED PROJECT: To convert a small marinalboat operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11, 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. approves or t See attached. This agency objects to the project for reasons described in the attached comments. �� Date Qt- _ - - - Q P.O. Box 27687, �� y. FAX 919-733-1495 Raleigh, North Carolina 27611-7687 % CAnEqual Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper YVPCH1111C111 VPGWAV11111C11L, Health and Natural Resources ` r Wilmington Regional Office f Division of Coastal Management James B. Hunt, Jr., Governor p E H N F10 Jonathan B. Howes, Secretary Roger N. Schecter, Director September 11, 1996 rSEP23 MEMORANDUM: TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Northcrest Investment Corporation/Snow's Cut Marina Townhouses Proj cation: Adjacent to the Carolina Beach Yacht Basin at the end of Spencer Farlow Drive in Carolina Beach Proposed Project: Applicant proposes to convert a small marina/boat repair operation into a Proposed townhouse development, with pool and tennis court, and a 150 slip commercial marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. Nil REPLY: This agency has no objection to the project as proposed. �o 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. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer P.1 State of Nor;h Department c Heaith and Nr Division of Coon V, a 11v1 1,. Resources post -it' Fax Note 7671 Dace -4k x ► Cc i� Ca - — Pnone x Phone e 7 Fax j� �—....- Fax James B. Hunt, Jr., Governor C.IV. Tr ....... - Jonathan B. Howes, Secretary G 11 1 V F-"%L Roger N. Schecter, Director September 20, 1996 RECEIVED MEMORANDUM SEP 2ee-, 19�6 TO: Ms. Linda Sewall, Director Division of Environmental Health DiV, �p ENNiSCttlnEf ;J I � FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CA'MAIDREDGF & FILL Permit Application Review APPLICANT: Snow's Cut Marina Townhouses/Northerest Investment Corp. PROJECT LOCATION: nd of Spencer Farlow Drive, Carolina Beach, New Hanover Co. PROPOSED PROJECT: To convert a small marina/boat repair operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11,1996, 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 changes�ar- incorporated. See attached. C LtL ,, s agency objects to the project for reasons described in the attached comme7`5�?, U Signedti!: P.O. Box 27687. <oleigh. North Corollna 27611-7667 voice ,, >''13-2293 Date �C- � %y FAX 919-7 33-14% An Equal Opportunity/Affirmativo Action Employer 50% recycled/ 10% p, ;t 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 September 20, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator [DEHNR Y 4L RFcEiVEp 1996 AfAIY4, NT ti SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Snow's Cut Marina Townhouses/Northcrest Investment Corp. PROJECT LOCATION: End of Spencer Farlow Drive, Carolina Beach, New Hanover Co. PROPOSED PROJECT: To convert a small marina/boat repair operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11,1996. 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. Date 4iZ P.O. Box 27687, ��FAX 919-733-1495 CAn Equal Opportunity/AffirmatNe 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 September 20, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator yr AN? ��' -- .Woo= EDEHNR r:►�; L AEI VEU BcCT 1996 t ec re 4GfIiENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Snow t Marina Townhouses/Northerest Investment Corp. PROJECT LOCATION: End of Spencer Farlow Drive, Carolina Beach, New Hanover Co. PROPOSED PROJECT: To convert a small marina/boat repair operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11, 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. REP 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 age obis the project for reasons described in the attached comments. Signed Date a %� P.O. Box 27687. ��y� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 rCAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293}!®- 50% recycled/ 10% post -consumer paper Vp State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: Aj A CEHNR September 11, 1996 TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit-Applis!tion Review Applicant: Northcrest Investment Corporatio l$now's Cut Marina Townhouses Project Location: Adjacent to the Carolina Beach Yacht Basin at the end of Spencer Farlow Drive in Carolina Beach Proposed Project: Applicant proposes to convert a small marina/boat repair operation into a townhouse development, with pool and tennis court, and a 150 slip commercial marina. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting daytiigque�ted. �, REPLY: This agency has no objection to the project as propose is agency has no comment on the proposed project. This agency approves of the project only if the incorporated. See attached. SEP 17 ibyb �ENZ �pr;.zE1< This agency objects to the project for reasons described in the attached comments. SIGNFJ� DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ` State of North Carolina Department of Environment, ,Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 20, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator WA A1, •: �w E)EHNFR BNB M CFWk7RpE8MFW SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: (Snow's Cut Marina Townhouses/Northcrest Investment Corp. PROJECT LOCATION: End of Spencer Farlow Drive, Carolina Beach, New Hanover Co. PROPOSED PROJECT: To convert a small marina/boat repair operation into a townhouse dev. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 11, 1996. If you have any questions regarding the proposed project, pleas contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are M, ested. � Cu. 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 attached comments. Date P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Niq - CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 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 October 28, 1996 Regulatory Branch Action ID No. 199603443 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 Northcrest Investment Co. for a Department of the Army permit to dredge 4.6 acres of non -vegetated shallow water, and construct a docking complex, incorporating 4.5 acres of open water, adjacent to Carolina Beach Yacht Basin, approximately 500 feet south of the mouth of Snow's Cut, at the end of Spencer Farlow Drive, in Carolina Beach, New Hanover 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 conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 4. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 5. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 6. No excavated or fill materials will be placed at any time, for any duration, in any vegetated wetlands or waters. •J �9 7. No vegetated wetlands will be excavated. 8. Excavation will not exceed 6 feet below the MLW elevation. 14- 9. All structures must be built a minimum of eighty (80) feet from the near edge of the Atlantic Intracoastal Waterway (AIWW). 10. No attempt will be made by the permittee to prevent the full and q free use by the public of all navigable waters at or adjacent to the I authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11. It is possible that the authorized structure may be damaged by Z 0 wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 12. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 13. 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 waterbody is 25 NTU's or less are not considered significant. 14. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. 15. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 16. This permit does not grant any property rights or exclusive privileges. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Fe, ey H'. hter ro3ect Manager Wilmington Regulatory Field Office 2 Copies Furnished: Mr. John Dorney Division of Water Quality 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 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolim 2763&3726 October 18, 1996 Lieutenant Colonel Terry R. Youngbluth District Engineer, Wilmington District U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 24802-1890 Attention: Jeff Richter Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service (Service) has reviewed the Field Investigation Report (FIR) and permit application for Action I.D. No. 199603443. The applicant, Northcrest Investment Corporation, proposes to excavate a 590' x 338' area to an average depth of 6' below the plane of Mean Low Water to facilitate the construction of a marina. About one sixth of the bottom area to be excavated has not been previously disturbed. The bottom area is principally sandy, non -vegetated substrate. Coastal marsh and fringe wetlands are within the project area, but will not be directly impacted by the proposed activities. There is a possibility that some contaminants associated with recreational boat use and other upland activities will be in the dredge spoil material. At the time the FIR was completed, the spoil disposal facilities were insufficient for the projected volume of material. The proposed activities are actually a renovation and expansion of an existing marina. The proposed facility will cover about 4.5 acres of public trust waters. The applicant proposes to construct three piers (214' X 61, 390' X 61, and 420' X 61); 107 finger docks (30' to 45, x 3' to 51), 150 mooring slips; and, a 134' x 8' boardwalk with a 16, x 16' gazebo on each end. Some of the existing facilities will be retained. The proposed structures will come to within 90' of the Atlantic Intercoastal Waterway. A pumpout station is proposed for the facility. The proposed activities will be at the end of Spencer Farlow Drive in Carolina Beach, New Hanover County, North Carolina. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). We do not object to the proposed activities provided that any contaminants in the spoil material are not resuspended, that runoff is minimized, and that construction of non -water dependant structures over public trust waters is avoided. The bottom sediments in and around Snow, s Cut are likely to be contaminated with polycyclic aromatic hydrocarbons, aliphatic hydrocarbons, and metals. The Service is concerned that the proposed dredging and spoil disposal method will facilitate the resuspension of these contaminants in area waters. Suspension is, in our opinion, equivalent in effect to introducing these contaminants into organisms. The materials are taken in through a number of pathways, and can bioaccumulate in many organisms. Inadequate handling of contaminated spoil material can be detrimental to the health of aquatic organisms and the associated community. Additionally, the areal coverage of aquatic habitat should be reduced. The proposed boardwalk and gazebos are non -water dependant structures, and should not be constructed over aquatic habitat. Our concerns are based on the extensive surface area covered by the proposed system of boardwalks, docks and piers. Significant aquatic habitat will be shaded or otherwise impacted by the docking facilities. Such structures have a number of adverse impacts to fish and wildlife resources. One observable impact is the paucity of vegetative biomass underneath docks and piers. Docks and piers create shaded areas where primary productivity is low. Another, more subtle (and controversial) adverse impact that extensive boardwalks, gazebos, docks, and piers have is to the health and integrity of local populations of aquatic organisms. Many species of fish, for example, at certain life stages, are behaviorally cued to seek shelter in areas with complex horizontal and vertical covers. Boardwalks and piles apparently trigger that cue, and abnormally high numbers of fish seek cover under and around such structures. This phenomena can be observed by comparing catch rates when fishing off of such structures versus catch rates off shorelines without docks or piers. The concern arises because such cover is overhead only, and the complex of horizontal and vertical structures that are associated with submerged trees or aquatic beds of vegetation, for example, is non-existent. The organisms cued to find cover in such environments are over -abundant under docks and piers, and are extremely susceptible to environmental stresses such as disease, thermal shock, or anthropogenic contamination. This exaggerated vulnerability is a concern of the Service, and we believe that locally large areas of dockage pose an unquantified risk to aquatic organisms. This risk can and should be reduced by limiting the areal size of docks. The Service is also aware of the argument that certain dock configurations and/or waterward extensions may create a perception of limited access to public waters. If this argument is correct, then the proposed activities will effectively remove the tidal zone and submerged areas within the pier head line from public access. The cumulative public trust waters directly removed from productivity and indirectly removed from public access (including removal from navigability) are extensive. Finally, the FIR states that about 22% of the estuarine shoreline affected by the proposed activities will become impermeable as a result of the activities. This will increase the surface runoff quantity, quality, and rate. Such results are deleterious to the environment even if the runoff is collected into municipal systems. Therefore, we recommend the District Engineer include the following Special Conditions if the subject permit is approved: 1. The dredge spoil material should be tested prior to the initiation of activities for: polycyclic aromatic hydrocarbons, aliphatic hydrocarbons, metals, total organic carbon, and grain size. The results of the tests will be reported to the U.S. Fish and Wildlife Service and other designated agencies to determine (a) the appropriate dredging and handling protocol, and (b) the appropriate storage protocol. Adequate storage shall be made available for the volume of spoil material before dredging commences. Adequecy may be influenced by the protocols used. 2. Non -water dependant structures (specifically the proposed boardwalk and gazebos) shall be constructed over upland habitat in a manner which does not adversely affect (by shading or drip impacts) existing hydrophytic vegetation. 3. A surface water runoff system shall be constructed to collect runoff from impermeable surfaces. This system shall not discharge into waters of the United States, and, shall incorporate runoff reduction technologies (including, but not limited to permeable swales and settling ponds) to the maximum extent practicable. We appreciate this opportunity to comment on this permit application. If you have any questions or comments, please call Kevin Moody of this office at (919) 856-4520 extension 19. Sincerely, Tom Augspurger Acting Field Supervisor CC: NCDCM, Raleigh, NC (John Parker) NCDCM, Wilmington, NC (Bob Stroud; Tere Barrett) NCWRC, Raleigh, NC (Frank McBride) EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn) NMFS, Beaufort, NC (Larry Hardy) FWS/R4:KMoody:KM/10/18/96:919/856-4520 ext.19:B:\KM-97001 ) 10 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA 28402.1890 1s , Iqq( Regulatory Branch ^1 Action ID. 1�1g1� G 3�+�+3 Applicant J VO�'��C' (�t.S� ' n VCj�Men� �O('S�• Waterway AcnNk,+w County N p �'�a�ovc^Type Work C)f g_c a C1OC Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Field Supervisor 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 ,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 W , \mi n cACW1 Regional Office Division Coastal Management North Carolina Department of Environment, Health and Natura Resources LJ',lm, s�or NC �$�`iCLS -8s 5 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to Regulatory Branch, ^ ^�}� Field Office, telephone Iglb1 7 rJ1 }lls3�o Sincerely, 12 �W f 1 O Jeffrey H. Richter RF� g \996 Project Manager Wilmington Regulatory Field Office L Enclosure QI Sf�Q G\E�� I�pNP ,C+6 Pnn W ® Rwry Pep, REPLY M ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 23, 1996 Regulatory Branch Action ID No. 199603443 . FCEIVEO Northcrest Investment Co. SEP 24 1996 ATM: Mr. Steve MacCurry v � 803 Canal Drive Carolina Beach, North Carolina 28428 Dear Mr. MacCurry: s 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 May 3, 1996, for Department of the Army authorization to dredge 4.6 acres of non -vegetated, shallow water, and construct a docking complex, incorporating 4.5 acres of open water, adjacent to Carolina Beach Yacht Basin, approximately 500 feet south of the mouth of Snow's Cut, at the end of Spencer Farlow Drive, in Carolina Beach, New Hanover 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. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to reduce wetland losses. Please show all that you have done, especially regarding development and modification of plans and proposed construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by November 22, 1996. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. 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. 199603443. It will be coordinated by the undersigned in our Wilmington Field Office. Should you have any questions, please contact me at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker V/ Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources' Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality 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 Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 23, 1996 Regulatory Branch CA6�� Action ID No. 199603443Mr. John Dorney Division of Water QualityNorth Carolina Department of Environment, Health andNatural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Northcrest Investment Co. for Department of the Army authorization and a State Water Quality Certification to dredge 4.6 acres of non -vegetated, shallow water, and construct a docking complex, incorporating 4.5 acres of open water, adjacent to Carolina Beach Yacht Basin, approximately 500 feet south of the mouth of Snow's Cut, at the end of Spencer Farlow Drive, in Carolina Beach, New Hanover 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 November 18, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copy Furnished (without enclosure): 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 Form DC1N1-MP-1 r .- APPLICATION (To be completed by all applicants) ) i r (c Tm 1��" ] b. 2 Ey, town, community or landmark l LCARQLII I� F3E/�G(i N.� . 1. APPLICANT J �� L�J 9 i99 �. trees address or secondary road number .a. Landowner: OF SPELcEm- F-,Np—Lav1 n12 COASTAL MMIAGEMEIJT Name MOM-14LI266T INVEhTMWT CO. d. Is proposed work within city limits or planning jurisdiction? ✓Yes No Address $03 CAF.IAL D21%4E e. Name of body of water nearest project (e.g. river, CityCAMUKU BEACII State I,�G creek, sound, bay) wyme 6RD%-/E Zip ?$4-28 Day Phone 42;R-6457 Fax 9/ O ` 4- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name STE%1E MAccoa2y a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address ®03 GAIJAL p�(�(E excavation and/or filling activities. BUILD 3GTo 1�1ia�SES, C-LL38 Q 6� City 6A20L) U& State tJG Zip 2842E Day Phone 4-59-04-57 Fax `�/' "Yf(=d qJ� c. Project name (if any) SIJO(.t)S GIST mxRj wA Town kooSE NOTE. Permit will be issued in mme oflmdowtter(s), and/or project mme. 2. LOCATION OF PROPOSED PROJECT a. County_1'iSyl F�IJ►.1��/F-!Z IdNa Kr!'t}^'d Exes%'.,,� ��il•2t`;vA b. Is the proposed activity maintenance of an existing project, new work, or both? iJEV.I c. Will the project be for public, private or commercial use? PRISWrE 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 Daces. G2>=ASTE 4zaOsl UG Revised 03/95 Form DCM-MP-1 4. LAND. AND WATER CHARACTERISTICS in. Describe existing wastewater trgatment facilities. ,-,,,,� � Ribe a. Size of entire tract 4- 31 I7�. n d location and type of discharges to waters I state. (For example, surface runoff, sanitary b. Size of individual lot(s) 1JC�l n�,r Q q 1996 wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHWIIa Ij iq ` r M I I i I M AL 6U P ALF 121�1UQ NWL -f-t3. D COASTL A14AGEMttb )L� d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Le- SAy 6 , N h 1`1�;J 1 o� L K)& BEIO-14 e. Vegetation on tract &PF=_AS OF lilt f. Man-made features now on tract EXI5T1Nls ML0404 w/ Q81.LSTe1) F&JUrigS g. What is the CAMA Land Use Plan land classification of the site? (Conrult the local land we plan.) Conservation ✓ Developed Rural __ Transitional Community Other h. How is the tract zoned by local government? Al 46- i. Is the proposed project consistent with the applicable zoning? _s/ Yes No (Attach zoning compliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes _ /No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eli lble property? Yes No 1. Are there wetlands on �th-site? _ Yes ✓No Coastal (marsh) � Other If yes, has a delineation been conducted? vll*� (Attach documentation, .,favailable) 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 cairy 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 1I" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that originaldrawings 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 apart of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCb1-bIP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A list of the names and complete addresses of the I understand that any perntit issued in response to this adjacent waterfront (riparian) lando"ers and in I ��- e u p cationcation ' The project will beallow only the l ubjecttto conditions ns signed return receipts as proof thatisit ct l`dwnir have received a copy of the application and plats and restrictions contained iq the permit. by certified mail. Such landowners mtis;lobe ad �jl,J[ Q ) rtiL that to the best of m knowledge, the ro sed that they have 30 days in which to submit comet n'fy y g > P Po on the proposed project to the Division of Coasfaliv `: Lactivity, complies with the State of North Carolina's Management. Upon signing this formZh—e.?ap`plidatit4APdAG4PIrai@ Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name DANIEL P. C PPA Address 5o0 13E%.1P6IZT 12fJ/ST7 Phone OGj-lE5TER11:J`( 14627736oZ Name DIZa\1el 1.161*(ES Address O C 'L-Zqq Phone CAR-OL1I3& BE 91`� 1-64-zo 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. 12,6—f -7 • 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 - I 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 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 ofS,�A , 19 Print Name Signature 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 MP4 Structures Information _ DCM MP-5 Bridges and Culverts _L/ 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 -Form DCM-MP-2 e 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 1v ¢.,,r basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth NIA MA yCa t- �,� r ScHS -%d,Nst .vy. �. m t: µme. �, tiFIR AUG 0 9 1996 D DIVlS(vii OF COASTAL MA14AGEMENT 1. EXCAVATION a. Amount of material to be excavated from below• MHW or NWL in cubic yards 30 000 b. Type of material to be excavated 9 0 Y, Sa-wj /') 14, J c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? — Yes X No d. Highground excavation in cubic yards /V onr42— 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal , ea S�� b. Dimensions of disposal area Y�X-Ta0 c. Do you claim title to disposal area? C 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 e. Does the disposal area include any coastal wetlands �- (marsh), SAVs or other wetlandsT -- Yes X No f. Does the disposal include any area in the water? Yes )< No If yes, water IV f A (2) Dimensions of fill area n.11 1- (3) Purpose of fill N / A in the b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION i�/� (marsh), SAVs or other wetlands? Yes x No • � 1 C(lj I D a. Type of shoreline stabilization _) ' ensions of fill area Bulkhead Riprap IIl``J- �` AUG 0 9 199$2j--Purpose of fill b. Length lV��ty» GF c. Average distance waterwazd of MHW or y^IASTAL Iv1AWAGEMEIJT d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes -- No 5. GENERAL a. How will excavated or fill material be kept on site andd erosion controlled? lQ-vlh-?aa-1 Z�^. T What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crassed in transporting equipment to project site? _ Yes _VC No .If yes, explain steps that will be taken to lessen environmental impacts. AppG jt or Name Signature Date Revised 03195 Fcrm DCAI-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, faci ities, units or structures prpposed 362 74bWOROLKe 111.'i -CS 1-GW F3HoL* E i. b. Number of lots or parcels. 34�0 c. Density (give the number of resident}' units and the units per acre) 3�o / , d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 3 G 4\e= e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 36 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the- Division of Land Resources? < Yes No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. ZZ °f r,\ vn AUG C 9 1996 DO Diy15iON OF COASTAL MANAGEMENT Projects that require a CAMA Major Developmen Permit may also require a Stormwater Certification Has a site development plan been submitted to thL Division of Environmental Management for review' -,— Yes No If yes, date submitted Describe proposed method of sewage disposal. SILL cg:i1Jk)e� To Mli/.i 10' ��{STP Have the facilities• described in Item L above received state or local approval? (Attach appropriate documentarian) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). VAI 1J Sv OL)w n pgop-osaEET Tr , '6�us 1. Describe proposed drinking water supply source -(e.g well, community, public system, etc.) SA Cal. V13 T To MCA nPA 5 ST61�A in. Will water be impounded? Yes No If yes, how many acres? I t n. If the project is a oceanfront development, when was the lot(s) platted and recorded? la A Appli t o�rJPrrajJect Name r�— 7 ��u`z-5� Signature' k h Date Revised 03195 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. f a. Dock(s) and/or Pier(s) (1) )!� Commercial _Community -' Private (2) Number 3 (3) (4) (5) (6) (7) (8) (9) (10) Length LIV ., Width G AUG 2 9 1996 DtvtJiON OF Mor'or�ing�uo sMW�/- EMENT (1) _ Commercial —Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance -buoy(s) to be placed beyond Finger Piers —Yes _ No shoreline (i) Number /° 9 (ii) Length 3 c —N..r' f. Mooring structure (boatlift, mooring pilings, etc.) All, (iii) Width 3 `CI (1) _ Commercial _Community _ Private Platform(s) X Yes No (2) Number (i) Number Z (3) Length (ii) Length /C/ (4) Width (iii) Width / *V 9 84 76 Number of slips proposed o 9 g. Othe;j (Give complete descrfpnfo ) Proximity of structure to adjacent riparian /So A%1w, r,//r' ` l 3 Y x property lines S. Si L Q /V S. �(, 7 i Width of water body Water depth at waterward end of pier at MLW or NWL s f'�i�.�t� b. Boathouse (including covered lifts) 11-1/4 (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) /N//- (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.)t✓14 (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands IVO N7% e,�r f ti. Applicant or Project Name Signature Date Revised 03/95 MARINA � � � s � ► N � MAC �JA (CM713 DEVELOPMENT 2 91996 (Required for the mooring of more than 10 vessels) DIVISION OF COASTAL MAIJAGEMENT 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. 1• MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public -4- Residential b. Will the marina be open to the general public? Yes �<_ No 9. Typical boat length vn -/v r y c7 t h• Maximum boat length 1. Are anv floating structures planned? � - If so, describe /o,i j ,� �., - Il . t 2" MARINA OPERATIONS C. If there is residential development associated with a• Check each of the following sanitary facilitie the marina, how many units or lots are planned and Will be included in the proposed project. Nt how many are currently developed? 'y, c - 1, Gn-i Office toilets x Toilets for patrons - c - /1/, . /4- Number 2- Location o f ( /4112-. d. Check all of the types of services to be provided. Tyyy �(�� Showers Ft- 0 Ful] service, including travel ]ifr and/or rail Nu Boat �= Boat holding tank pumpout location To Dockage, fuel, and marine supplies - _ X Dockage ("wet slips") only -'' '" �� -"I Number of slips / 4"� 91'r'-01-oS-- ( b. Describe treatment ^' a Dry storage type and disposal location fo Number of boats NIBS sanitary wastewater. _G-•(,_ S. LD Boat ramp(s) —I (a l -/t/0 Other (describe) e. Check below the proposed P Po type of siting, c. Describe the disposal of solid waste, fish; offal Land cut and access channel tras� disposal. /., i E' C a L - Open water with dredging for basin and/or /..`.�n��, T^ f� ' channel Open water, no dredging required Other (describe) - d. How will overboard disch ge of sewage from bo be controlled? el-, f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Y' e. Give the location and number of "No Sewa Discharge" signs propJosed/�- Revised 03/95 Z ��' yE J\ �� i7 Y < <•�• _� f. .Describe the special design, if applicable, for o. Is the marina proposed within? a primary containing industrial type pollutants, such as paint, secondary nursery area? ryes_ 1 sandblasting waste and petroleum products. /L/) A p. Is the marina proposed within an area oper shellfish harvesting? Yes No q. Give the location - 'and number of "Pumr Available" signs proposed. _ _ ) c) g. Where will residue from vessel maintenance be i� t �r 2 �(044 ^, disposed of ? IV lA ��/° 2me Apptina't Name r h. Give the number of channel markers and "NoSkmture /�y�P—rAjeed � /�S Wake" signs proposed. Ne.,l F L Give the location of fuel -handling facilities, and describe the safety'measures planned to prote t area water. quality. _ /V1 ly /E j. Describe design measures that promote boat basin O flushing or circulation and that reduce wafer quality impacts. AUG 2 9 1996 DIVISION OF COASTAL MANAGEMENT k. What will be the marina policy on overnight and live -board dockage? A10 �Zl. 1. Is the proposed marina located near any shellfish leases? Yes _ No If yes, give the name and,address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? T7 h, n. How many slips are now available? (o i Revised 03195 4 LOCATION AD 'A Pe Fear Pi E -S PA r—, ve JR A PROJECT LOCATION MAP SCALE IN MILES SNOWS CUT MARINA TOAlHO CAROLINA BEACH, NEW HANOVEC BY: NORTHCREST INVESTMENT CO 807 CANAL DRIVE N CAROLINA BEACH, N.C. DRAWN BY: WILLIAM H. WARREN, JR. If . N.C. SNOWS CUT MARINA TOWNHOUSES OWNER: 803 CANAL INVESTMENT COMPANY - \—A 803 CANAL DRIVE CAROLINA BEACH, N.C. 28428 OANEL P. CAPPA PHONE (910) 458-0457 — — -- — — — — ,` - II LOT IA f 4 4 I I\ LOT 2A I I, II • I I I I I ) ANNIE DRIVE I I 3W pUBNC RIGHT OF WAY I 1 I II II LOT 3A I I I I II — — — — — — — — — — II II II I II LOT L 1 I I7 I II II II LOT 5 II _ _ _ _ _ I I r II I`I J I LOTS I I >> •L I I -FARLOW DRIVE _ 6O' pUBNC WGIIT OF WAY rAa nmuWr ��. li me BNalo usnna ; I 1 WtW01'ar[ asao : .mw•frr azw _ a NTraur law A .pWwle irw MCI am I ► L • M al•12 Y1r AYAEARE S AREA mn As InOAi® CAMA MEAN NIGH WATER NNE h MT Mm AIL ABCIAD 4-1 $f1!]1AY PPE 9T f➢ £� ALL ARMD FlO51u14 PETAImIG SPOIL AREA SECTION A NOT TO SCALE Lft TYPICAL GAZEBO SECTION I .AT Y s1C O,GLEw O V. MT W/WA9PA5 AIP stun TAEAm ME a s-o- o>+fns NTTOI YAIR3 NOT 70 SCALE I I I I r C MK rtflilu U11 II I` a, IWm BMMN TYPICAL PIER SECTION B �T, ` 7,17 NOT TO 5CAI.E IUGCti1996`J COASTAL Nlm4AC.ENIENT 60' 30, 0' 60, 120' A r SCALE IN FEET SNOWS CUT MARINA TOWNHOUSES CAROLINA BEACH, NEW HANOVER COUNTY NORTH CAROLINA OWNER: NORTH CTREST INVESTMENT COMPANY 803 CANAL_ DRIVE CAROLINA BEACH, N.C. 28428 m 9 ' - TO AIM AT SNOWCUT' ~- N STERN EDOE 0: CHANNEL CAROLINA BEACH 4 mm 4 ULW _20 G.ASs 4 1 1 ■ ,�Illltlllllllllllll 0 -p5 11il 0A .\ 0 M7 Q9 M1 g -5y Al w o PROPEM M. DREW NOYES (DREDGING PERMIT PENDING FOR THIS AREA) �• � HLII N � :� 8 k� D GPAS 9.i;. �� :.�•• /.:: ' S0 � � \ � , c !: �� / J jL��'1 u V ...... Sx� A AUG C 9 1996 9j N 03'38•44.N, easa� A� DZT VY' 'J 1= "Da x :.: /SDR ARYYE COASTAL MANAGEMENT Y �tRp ......... CCREIMARRIE n 0(GY ` ........ •J \0 .. • N N DOCK AND DREDGE PLANTOWNHOUSES 60 30 O 60 120 "DiYAONGDA4DOWa3 O CAROLINA BEACH, NEW HANOVER COUNTY NORTH CAROLINA SCALE IN FEET OWNER: NORTH CTREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, N.C. 28428 28't FIXED PIER ACCESS RAIL 350't FLOATING DOCK SYSTEM \—DREDGED AREA TO —8.0 MSL SECTION C SCALE: 1"=30' HORIZ. =20' VERT. 214't FLOATING DOCK SYSTEM DREDGED AREA TO —8.0 MSL SECTION D SCALE: 1"=30' HORIZ. =20' VERT. - 1�14-1 wo//////////////////////////%i ZEDGED AREA TO —8.0 MSL SECTION E SCALE: 1"=30' HORIZ. =20' VERT. E w z J w 90't TO EDGE 6'ta OF A.I.W.W. CHANNEL II II �I II c9 6n i0 .r JJ I AUG 0, 19% 16't o DIV;ar�•;a - o COASTAL IMANAGEIVIENT ------------ SNOWS CUT MARINA TOWNHOUSES CAROLINA BEACH, NEW HANOVER COUNTY NORTH CAROLINA OWNER: NORTH CTREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, N.C. 28428 112't TO EDGE OF A.I.W.W. CHANNEL LL a LL _ HW=+2.0 _ LW=-2.0 HW_+2.0_ LW _2.0 _ — =ND =LEVA T ION• 1MMIRP O& 1I/6��:0' STAL MANAGEMENT SNOWS CUT MARINA TOWNHOUSES CAROLINA BEACH NEW HANOVER COUNTY NORTH CAROLINA OWNER: NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROUNA BEACH, N.C. 28428 PHONE (910) 453-0457 DAM DUNE, 1996 Haywood Newkirk, Architect. Wilmington, North Carollna, USA RlN@LIq Ow��avYPTou�l ^ AM Yin w,NwO,>f1.uoR�R.uLLR nR,M�RC State of North Carolina OTTIAWAA Department of Environment, Health and Natural Resources A. Nor, •0 Division of Coastal Management _ James B. Hunt, Jr., Governor - A� Jonathan B. Howes, Secretary ED EE H N R Roger N. Schecter, Director December 12, 1996 Snows Cut Marina Townhouses c/o Northcrest Investment Co. 803 Canal Drive Carolina Beach, NC 28428 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. 4sinearker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Me" FAX 919-733-1495 Raleigh, North Carolina 27611-7687 "Cfi An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper .�' cl LL CE a LL LL LL a a L AUG 0 9 1996 PROJECT LOCATION MAP DIV OF COASTAL MANAGEME :•;:�:.�.:,...:r fi; SCALE IN MILES SNOWS CUT MARINA TOWNHOUSES CAROLINA BEACH, NEW HANOVER COUNTY, N.C. BY: NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, N.C. DRAWN BY: WILLIAM H. WARREN, JR. State of North Carolina Department of Environment, AN Health and Natural Resources 'Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director November 15, 1996 Mr. Steve MacCurry Northcrest Investment Company 803 Canal Drive Carolina Beach, NC 28428 Dear Mr. MacCurry: This letter is'to follow-up on our telephone discussion of last Friday concerning your Snows Cut Manna Townhouse project. I informed you that permit application review was nearing completion, but there had been a delay in the review of the environmental document. Because of that delay, it is necessary to place further processing of your application in abeyance. By law, we cannot take final action on an application request when review under the N. C. Environmental Policy Act is required and has not favorably concluded. We regret this delay. Unfortunately, it will probably be mid -January before we can provide you with a final action. Very sincerely,, Jo R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Bob Stroud DCM-Wihnington office P.O. Box 27687, N%`CAn Equal OpporFAX 919-733-1495 Raleigh, North Carolina 27611-7687 Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Anthony Loren Mgwr Pat Efird Coanc,iman Joei beacon Coanciman Town of Carolina Beach 1121 North Lake Park Boulevard Carolina Burch, North Carolina 28428 910 458 2992 FAX 910 458 2997 October 7, 1996 John R. Parks, Jr., Major Permits Processing Coordinator NC Dept of Environment, Health & Natural Resources P.O. Box 27687 Raleigh, NC 27611-7687 RE: Comment on Northcrest Investment Corp./Snow's Cut Marina Townhouses Request for CAMA/Dredge and Fill Dear Mr. Parks: Kmberiy Roberta Mayor Pro T= Thank you for the opportunity to comment on the above noted project. This project has been reviewed by staff as a Conditional Use Permit application and has been deemed consistent with our Land Use Plan and Zoning Ordinance. I have also reviewed DCM Planner, Zoe Bruner's letter dated September 30, 1996 and fully concur with its recommendations. On July 25, 1996 our Planning and Zoning Commission recommended approval of the project subject to all provisions of Federal, State, and local laws to include CAMA. The project will be considered for action by the Town Council on September 8, 1996. Sincerely, 'Y CMANiA)GEMENT Jeff HarrisTown Planner JH/lp pc: Tere Barrett DEHNR Rid: Burroughs Coanclman George B. Rose ,Nanagsr State of North Carolina Department of Environment, Health and Natural Resources , • Wilmington Regional Office r Division of Coastal Management James B. Hunt, Jr., Governor ID E H N F� Jonathan B. Howes, Secretary Roger N. Schecter, Director September 9, 1996 Mr. Steve MacCurry c/o Northcrest Investment Corporation 803 Canal Drive Carolina Beach, NC 28428 Dear Mr. MacCurry: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to the Carolina Beach Yacht Basin at the end of Spencer Farlow Drive.' It was received completed on September 9, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 22, 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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, "3` Tere Barrett Field Representative s:\cama\jnajors\nhanover\nrtcrest.bio Enclosure cc: 7ohn Parker Bob Stroud Harry Oaks, LPO Jeff Richier, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Z 267 294 907 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) a m m i O IL IL Sinitic, N Stree! and No•� / Q %U '� / Teri ✓iM./ .. /f/ P 0 . Slate and ZIP Code Postage / Certified Fee / Special Delivery Fee Restricted Delivery Fee Return Receipt Showing Wnom & to Data Delivered - Return Receipt Snowing to Wnom, Date, and Addressee" reed TOTAL Postaoa a FeesF.'ti $ •_ Postman or ate rF Z 267 294 906 Receipt for Certified Mail No Insurance Coverage Provided ,e yga Do not use for International Mail (.See RP.vPnlel S<^.I to Sue an No P. . State d ZIP e 2-Z - Postage Carideo Fee 1 Special Delivery Fee Res:ncled Delivery Fee Return Recnot Showing o '.Mom & Dala Dat , 'so 1 A xrn Race,, Shovnng In Who,. Da!", and-ddreSeeB a A14";S "0'al Pollage SV Pos:mar�of-.13i9`.. n�� A!-!,'-'z 9 1996 COASTAL MNIVHGEMENT v SENDER: y • Complete items 1 and/or 2 for additional services. m • Complete items 3, and 4a & b. a • Print your name and address onthe reverse of this form so that we can return this card to you. le • Attach this form to the front of the mailpiece, or on the back if space does not permit. « • Write "Return Receipt Requested" on the mailpiace below the article number • The Return Receipt will show to whom the article was delivered and the date i 0 delivered. m 3. Article Addressed to:. 4a. Art EJ W' / �'�J•�-/' 4b. Set 1 also wish to receive the following services (for an extra feel: 1. ❑ Addressee's Address r� 2. ❑ Restricted Delivery t- ❑ Registered ❑ Insured rn / X Certified ❑ COD y W C"F rp x /"^ �.s�y�s� / ."C L ❑ Express Mail ❑ Return C-r r, _._ �_"_____ Mercha 2 Sgru I .IIJ I ¢ 6• 9 PS Form and fee is paid) - for fee. a c p Receipt for e_ ndise c if requested s c f— DOMESTIC RETURN RECEIPT s SENDER: !p • Complete items 1 and/or 2 for additional services. m • Complete items 3, and 4e & b. • Print your name and address on the reverse of this form so that we can • return this card to you. as • Anach this form to the front of the mailpiece, or on the back if space does not permit. O • Write "Return Receipt Requested" on the mailpiece below the article numbe • The RaNm Receipt will show to whom the article was delivered and the tlat 0 delivered. a 3. Article Addressed o: /Q�;= 4a. At �ftrif %� G I also wish to receive the following services (for an extra It fee): 1. ❑ Addressee's Address y 2. ❑ Restricted Delivery •a insult postmaster for fee. u m 4b. Service Type uE S-Civ _/Va,,,,, �L- f - �„* t ❑ Registered ❑ Insured i, �, Certified ❑ COD Q A"gcx -5 /I' y i r, �' ❑ Express pail P Return Marche 6cr E ir P c :eipt for 0 se O requested ar c m F DOMESTIC RETURN RECEIPT p_VIS:1CN OF COASTAL MaNIA=4N— ADJACENT RIPARIAN P=OPERTY OTWITER NOT-FIC'TTON/njV'RFORM �Ta:.= Cf Individual Applying For Permit: rc_ress Of Property: SPA -cam �vs r �rsS� L / (Lot or street P, street or Rcad, City & County) 7T4-,e Cc ). h i Sr- - oG --o c y - o 0 7, od; o Os I hereby certify -that I own property adjacent to the above - referenced property. The individual applying for this permit has described to me as shown on the attached drawid'�d the development) they are proposing. A description or drawing the dimensions _hcuid be provided with this letter. I have no objections to this proposal. AUG 0 9 1996 J DIVISfu,4 OF COASTa ANT FiAIVER SECTION I and=rstand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbaes_ must be set back a minimum distance of 15' fro- ry areaof riparian access unless waived by me. (If you wish to waive the setback, you must initial the aocrooriate blank below.) I do wish to waive the 15'setback requirement. I do not wish to waive the 151setback requirement. slanazure rint Name Telephone Number With Area Code Date DIVISION OF COAS• 2.- MA.NAGEM-N'7 ADJACENT RIPARIAN PRCPERTY OWNER NOTIFIC"TIOil /*n`TV-3 FORM Name Of Individual Address Of Property: Applying SPa��i Fcr Per -it: .i"/e.-I r c: 4a c �/ (Lot or Street t, Stre=_t or Road, City & Cc %-,r-,a Sc ), hf i S7f - bG --or- y - o o 7, c c s; o &g , oio I hereby certify -that I own property adjacent to the above - referenced property. The individual applying for thispermit has described to me as shown on the attached drawi7Tq--\ the development` they are proposing. A descrintion or drawing, with dimensssign should be provided with this letter. I have no objections to thi- proposal) AUG 091996 DIVISw N OF COuSTALMANAGEMENT as no objection if you have -been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15, from my area of riparian access unless waived ty me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15'satback requirement. I do not wish to waive the 151setback requirement. Signature Date Y . " • Print -Name 33� J�_ Telephone Number With Area Code E H R NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910)459-0457 FAX (910) 458-0457 August 28, 1996 Ms. Tere Barrett N.C. Department of Natural Resources And Community Development 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Dear Tere: D 5° D AUG 2 9 1996 DIVISION OF COASTAL MA14AGEMENT Pursuant to our meeting earlier today I am submitting the following: 1. A copy of the Postal Certified Mail Return Receipt's from the adjacent property owners. 2. Agreement signed by Drew Noyes and Northcrest Investment Company waiving the 15' Riparian Corrider Setback and establishing the property line shall be extended to the western edge of the channel line between the southern boundary of the subject and the Noyes property. 3. Form MP- 4 Structures. 4. Revised MP - 6. 5. Scale drawing highlighting the proposed dredge areas. If you require any additional information please contact me at the above address or phone number. Sincerely,, �i Steven H. MacCurry President NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910) 458-0457 FAX (910) 458-0457 August 9, 1996 Ms. Tere Barrett N.C. Department of Natural Resources And Community Development 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Dear Tere: I request that a permit be issued to authorize the work described in the enclosed application form and related plans. The property on which the work is to be completed is owned by Northcrest, or the appropriate authorization letters are enclosed. The adjacent property owners have been furnished copies of this application and related plans by registered mail. Pursuant to our meeting on June 8, 1996 I have enlarged the more detailed plans to a scale of 1" = 30' and included 26 copies. Additionally, 10 copies of an environmental assessment report have been delivered to your office. In the event that the review of the environmental assessment causes a delay in the processing of my application I am requesting that you issue the permit for the uplands development, and the dredging if possible, while the EA is being processed. If you require any additional information please contact me at the above address or phone number. Sincerely, teven H. MacCurry President I' AUG Q 9 1996 `J DIVISU;v OF COASTAL MA14AGEMENT .l Snow's Cut Landing, Inc. 613) 949-6251 June 7, 1996 Mr. Steven H. MacCurry Northcrest Investment Company 803 Canal Drive Carolina, Beach, NC 28428 Dear Steve: Fax (674) y4y-V000 D, AUG 0 9 1996 DIVISiuiV OF COASTAL MA14AGEMENT This letter shall act as my authorization for Northerest Investment Company and Steve vfacCurty to apply for a CAM permit for the property described in the attached deed, also known as tax schedule 988-06-004-008. CA/nm enclosure With �best �regards, Carl Anderson President Post Office Box 274147 • Tampa, FL 33688-4147 — - 02; 14/ 1995 22: 56 458-6446 DREW NOVES PAGE 01 NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910) 458-0457 FAX (910) 458-0457 August 1, 1996 T?%R!( lrti L� Mr. Drcw Noyes 1708 Carolina Beach Avenue North UVI, 2 9 1996 Carolina Beach, NC 28428 Dear Drew- COASTAL IVir;iAGEMi=NT Please review and sign where indicated. Northcrest Investment Company and Drew Noyes agree that for the purposes of the CAM.A permit to be submitted by Northcrest Investment Company that the property line between the properties known as tax schedule #'s 88-06-004-010 and 88-06-004-01 l shall be extended to the western edge of the channel line. Northcrest Investment Company agrees to waive all setbacks, as needed,and reflected on the'plan submitted to the Town of Carolina ach nd for CAMA major a �t submitted y Drew Noyes. rew Noyes agrees to waive it e riparian access etween the above parcels, and will indicate as such on the ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM (see attached copy) when it is presented. As indicated on the Carta major permit application drawingg submitted by Northcrest Investment Company. slip construction a d ow� uaki`p oft �he 35 foot slips on the southernmost dock will be by Drew Noyes. agree an cep e Northcrest Investment Q01ripany Date re Noyes Date By: Steven H. MacCurry � j L =8 1 :1 c AUG 0 9 1996 D0i;.a.j1q QF COASTAL MANAGEMENT Prepared by: Kenneth A. Shanklin 214 Market Street STATE OF �• P.O. Box 1347 QRT� j17 Wilmington, NC 28402 G��pt�NA ` ' EXcise Tax PC0575-DOC STATE OF NORTH CAROLI14A TRUSTEE'S DEED COUNTY OF NEW HANOVER THIS DEED, made and entered into as of this the j�day of March, 1992, by and between DAVID G. SNEEDEN, SUBSTITUTE TRUSTEE, of New Hanover County, North Carolina, party of the .first part, hereinafter referred to as "SUBSTITUTE TRUSTEE"; and SNOW'S CDT LANDING, INC., a North Carolina corporation, with an address of 231 N. Channel Haven Drive, Wilmington, NC 28409, party of the second part, hereinafter referred tc as "GRANTEE". The designation Trustee and Grantee as used herein shall include the parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W I T N E S S E T H: THAT WHEREAS, Yacht Brokers, Inc., executed to Dale S. Caines, Trustee for First Hanover Bank, a deed of trust recorded in Book 1409 at Page 514 in the office of the Register of Deeds of New Hanover county, North Carolina, conveying the lands and premises hereinafter described; and WHEREAS, by instrument recorded in Book 1554 at Page 473 of the -New Hanover County Registry, David G. Sneeden, the Substitute Trustee, was substituted in the place and stead of Dale S. Caines; and WHEREAS, the indebtedness secured by said deed of trust being overdue and unpaid, and the holder of said indebtedness having called upon the said DAVID G. SNEEDEN, SUBSTITUTE TRUSTEE, to foreclose said deed of .trust, the said DAVID G. SNEEDEN, SUBSTITUTE TRUSTEE, after service of Notice of Hearing on all parties entitled thereto, after an Order Permitting Foreclosure entered by the clerk of Superior Court of New Hanover County on August 6, 1991, after due advertisement as required by law and the terms of the deed of trust and the notice of sale having been mailed to all parties RMANED To J L/I AUU Q 9 1=0 entitled to such notice, offered said land for sal b,pn August 24, 1991 at 12:o0 o'clock noon at the premises, wti�,jg and 1c��i:�_ � 'a Ellis became the highest bidder at the price of-$ M1,�&N `6jtbsii, which will appear by reference to File No. 91 SP 268 in the office of the Clerk of Superior Court of New Hanover County; and WHEREAS, a report of said sale was made to the Cleric of Superior Court on August 26, 1991, and Richard Smith filed an upset bid on September 3, 1991; and WHEREAS, an Order of Resale was entered on September 4, 1991; and WHEREAS, a Notice of Trustee's Resale of Real Estate was filed on September 5, 1991 and was duly posted at the courthouse, mailed to all parties entitled to such notice and duly advertised, which offered said land for resale on September 30, 1991 at 12:0,0 o'clock noon at the premises, when and where Victor Del Pizzo became the highest bidder at the price of $350,000.00; and WHEREAS, a report of said sale was made to the Clerk of Superior Court on September 30, 1991 and First Hanover Hank filed an upset bid on October 9, 1991; and WHEREAS, an order of Resale was entered on October 9, 1991; and WHEREAS, a Notice of Trustee's Second Resale of Real Estate was filed on October 10, 1991 and was duly posted at the courthouse, mailed to all parties entitled to such notice and duly advertised, which offered said land for resale on November 4, 1991 at 12:00 o'clock noon at the premises, when and where Victor Del Pizzo became the highest bidder at the price of $500,000.00; and -WHEREAS, a report of said sale was made to the Clerk of Superior Court on November 4, 1991 and Hallmark Industries, Inc.; filed an upset bid on November 15, 1991; and WHEREAS, an Order of Resale was entered on November 18, 1991; and WHEREAS, a Notice of Trustee's Third Resale of Real Estate was filed on November 18, 1991 and was duly posted at the courthouse, mailed to all parties entitled to such notice and duly advertised, which offered said land for resale on December 9, 1991 at 12:00 o'clock noon at the premises, when and where Hallmark Industries, Inc. remained the highest bidder at the price of $525,o50.00; and WHEREAS, a report of said sale was made to the Clerk of Superior Court on December 9, 1991 and said bid remained open for more than ten days and no advanced bid was made; and 2 a i 5 1 ! A WHEREAS, said bid made by Hallmark Industries, Inc. has been assigned to Splash Marina, Inc.; and WHEREAS, Splash Marina, Inc. has changed its corporate name to Snow's Cut Landing, Inc. NOW, THEREFORE, the said DAVID G. SNEEDEN, SUBSTITUTE TRUSTEE, as aforesaid, in consideration of the premises and the sum of FIVE HUNDRED TWENTY-FIVE THOUSAND FIFTY AND NO1100 ($525,050.00) DOLLARS to him in hand paid, has bargained and sold, and by these presents does bargain, sell and convey unto the said party of the second part, its successors and assigns, the land sold as aforesaid, the same'lying and being in.the County of New Hanover, State of North Carolina,' and more particularly described as follows: BEGINNING at an old iron pipe at the intersection of the northerly line of Spencer-Farlow Drive (60 foot right-of- way) and the center -line of First Avenue (60 foot right- of-way) if said center -line were extended northwardly, as shown on map of "A. A. Spencer -Charlie Farlow Division" as recorded in Map Book 6 at Page 95 of the New Hanover County Registry. Running thence from said beginning point: 1. North 5 degrees 45 minutes East 169.40 feet along the easterly line of a 15 foot wide drive to an old concrete monument; thence 2. North 5 degrees 43 minutes 27 seconds East 40.02 feet along the easterly line of said drive to an old concrete monument at the northwesterly corner of Tract B as shown on said spencer-Farlow map; thence 3. South 84 degrees 06 minutes 48 seconds East 302.24 feet along the northerly line of said Tract B; thence 4. South 83 degrees 48 minutes 31 seconds East 7.29 feet to a point in the apparent high water line of Myrtle Grove Sound. Said point being located North 83 degrees 48 minutes 31 seconds West 34.33 feet from an -old iron pipe in said Myrtle Grove Sound; thence 5. Along the high water line of Myrtle Grove sound to a point on the northwest corner of a bulkhead that is South 37 degrees 39 minutes 18 seconds East 4.92 feet and South 86 degrees 04 minutes 22 seconds East 24.26 feet from the preceding point; thence 6. South 85 degrees 33 minutes 11 seconds East 39.93 feet along the face of said bulkhead to a point; thence 57 r 3 i' I (lu i t g. , �:n i55. 7. South 3 degrees 16 minutes 05 seconds West 64.28 feet along the face of said bulkhead to a poi at; thence 8. North 87 degrees 43 minutes 01 second West 0.67 feet along the face of said bulkhead to a point; thence 9. South 4 degrees 39 minutes 13 seconds West 3.77 feet along the face of said bulkhead to a point; thence 10. North 88 degrees 25 minutes 14 seconds West 10.54 feet to a point in said high water line; thence 11. Along said high water line in a southerly direction to a point in the southerly line of Tract A of said Spencer-Farlow Division that is: South 30 degrees 29 minutes 51 seconds East 23.70 feet South 38 degrees 10 minutes 56 seconds East 14.69 feet South 27 degrees 07 minutes 22 seconds West 9.27 feet South 26 degrees 13 minutes 51 seconds West 12.67 feet South 9 degrees 23 minutes 20 seconds west 12.12 feet South 12 degrees 31 minutes 58 seconds West 10.95 feet South 7 degrees 28 minutes 35 seconds West 9.69 feet South 13 degrees 16 minutes 28 seconds West 7.92 feet South 35 degrees 23 minutes 46 seconds West 3.51 feet South 44 degrees 57 minutes 49 seconds West 4.79 feet South 6 degrees 32 minutes 03 seconds West 12.21 feet South 16 degrees 02 minutes 18 seconds East 9.00 feet South 9 degrees 37 minutes 45 seconds West 11.00 feet South 1 degree 58 minutes 16 seconds East 10.65 feet South 6 degrees 02 minutes 58 seconds West 10.48 feet South 7 degrees 17 minutes 01 second West 10.94 feet and South 4 degrees 33 minutes 47 seconds West 8.04 feet; thence 12. North 84 degrees 06 minutes West 6.91 feet to a new iron pipe.; thence 13. Continuing North 84 degrees 06 minutes West 343.71 feet to an old iron rod at the intersection of the easterly line of said First Avenue and center -line of said Spencer-Farlow Drive, if said center -line were extended eastwardly; thence 14. North 5 degrees 45 minutes East 30.00 feet along the easterly line of said First Avenue to an old concrete monument at the intersection of said easterly line of First Avenue with said northerly line of Spencer-Farlow Drive; thence 15. North 84 degrees 06 minutes West 30.00 feet to the point of beginning. n ;' qi Ju HI j v ULj - �� �l tin. Ci96 i5C= The above described tract contains 2.07 acres and is all of Tracts A and B of said ",?. A. Spencer -Charlie Farlow Division." Being the same property described in that certain Substitute Trustee's Deed recorded in Book 1403 at Page 1372 of the New Hanover County Registry. SUBJECT to that certain Deed of Trust recorded in Book 1154 at Page 664 of the New Hanover County Registry, from Cape Lookout Resort, Inc. to Pender P. Durham, Jr., Trustee, and Pleasure Cove Marina, Inc. in the original principal amount of $208,000.00. SUBJECT, FURTHERMORE, to all present and outstanding ad valorem taxes due the County of New Hanover, specifically ad valorem taxes for 1990 and 1991, which the Grantee agrees to assume and pay. SUBJECT, FURTHERMORE, to utility easements of record and restrictive covenants of record, if any. TO HAVE AND To HOLD said lands and premises together with all privileges and appurtenances thereunto belonging, or in anywise appertaining to it, the Grantee, and its successors and assigns, in as full and ample a manner as the Substitute Trustee has power and authority to convey the same, subject, however, to all outstanding ad valorem taxes, assessments and restrictions of record applicable to said property and the above referenced Deed of Trust in favor of Pleasure Cove Marina, Inc., recorded in Book 1154 at Page 664 in the Office of the Register of Deeds of New Hanover County. IN WITNESS WHEREOF, DAVID G. SNBEDEN, in his capacity as the SUBSTITUTE TRUSTEE, as above described, has duly executed this Trustee's Deed and has adopted as his seal the typewritten word "SEAL" appearing beside his name, all as of the day and year first above written. �eCP�jBEAL) AAVID BNEEDEN Substitute Trustee IMEll (771 HIV E� Mo JU _5 AK 0 4 1996 0i V" COASTAL Wv iJAGSMEWT 4 y 4 i STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, P arr-,'. C r Q 1 u , a Notary Public in and for the State of North Carolina and bounty of New Hanover, do hereby certify that DAVID G. SNEEDEN, Substitute Trustee, did this day personally appear before me and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and notarial stamp or seal, this the 3 O'— day of March, 1992. [Stamp -seal] My Commission Expires: to-la-9 Z STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of parr\ Cx'T iq I a Notary Public of the County Of New Hanover, State of North Carolina, is certified to be correct. This the �O day of March, 1992. Rebecca Tucker Christian Register of Deeds of New Hanover County, N.C. e—U eputy/Assetarrt Ij Art" 9199E D!V; ! OF - COAST AL MP, ,ivAG�±!jE `!T nN t ti r_; l r Mom,? AUG C 1996 =� Dh/iSivr- ;J COASTAL klAivAGEZ 111ivT FRANCES H. LEWIS TRUST 418 FAYETTEVILLE AVENUE CAROLINA BEACH, NC 28428 (910) 458-8473 June 7, 1996 Mr. Steven H. MacCurry Northcrest Investment Company 803 Canal Drive Carolina Beach, NC 28428 Dear Steve: This letter shall act as my authorization for Northcrest Investment Company and Steve AfacCurry to apply for a CAMA permit for the property described in the attached deed, also known as tax schedule #'s 88-06-004-009 & 88-06-004-010. Sincerely, Frances H. Lewis Trustee :M 19.29 Drafted by Jack B. Styles When recorded return to and MAIL TAX STATEMENTS TO: neFrances H. Lewis 418 Fayetteville Avenue Carolina Beach, NC 28428 PAGE 1;1u VERIFIED SUE OOTS OF DEEDS PlEW HANOVER CO. NO '95 SEP 21 P.PI Z 2-4 910 RE1/EnE STAMPS r-f5� • 8�13 Real Estate ID 7 T ! %",c Z ^ _ 3 _ : = ^ QUITCLAIM DEED 000107 The undersigned declare that the documentary transfer tax is -0- Exempt: not a sale, transfer to trustees. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Frances H. Lewis, hereby grants to FRANCES H. LEWIS, TRUSTEE, of THE FRANCES H. LEWIS TRUST, DATED May 23, 1994 418 Fayetteville Ave., Carolina Beach, NC 28428 the beneficiary of which is the Grantor, Frances H. Lewis, the following described real property in the County of New Hanover, State of North Carolina: Consisting of two (2) separate parcels; the first parcel is described on attached EXHIBIT A, made a part hereof; the second parcel is described on attached EXHIBIT B, made a part hereof. TO HAVE AND TO HOLD said lands and premises together with all privileges and appurtenances thereto belonging, or in anywise appertaining, to her, the said party of the second part, and her heirs and assigns, in as full and ample a manner as the said Grantor has power to convey the same, subject, however, to any unpaid ad valorem taxes, assessments and restrictions of record applicable to said properties. Real Estate ID #: THE TRUSTEE AND ANY SUCCESSOR TRUSTEE(S) SHALL HAVE FULL RIGHT TO SELL OR ENCUMBER THE PROPERTY DESCRIBED HEREIN. plz I`l J� l AUG' 0 1996 i;DASTAL Boor, PAGE 1929 0885 Grantor shall warrant and defend title against the lawful demands of any and all persons claims and claiming title through the Grantor. In witness whereof, we have hereunto set out hands and seals, this the 6T`` day of Tc��� 193 (seal) Frances M. Lewis STATE OF NORTH CAROLINA) ss. COUNTY OF WAKE ) On To e 6 in and for 1995, before me, the undersigned, a Notary Public said County and State, personally appeared Frances H. Lewis known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal_ STATE OF NORTH CAROLINA New Hanover County The Foregoin / Annexed Cerlifiate(s) of Notary (Notaries) Public Is a certified to be correct. This the day s,Rc s )9 0 ` r of deeds by Deputy/gin —/� -�✓ _L ..j i BOOK 1929 0886 ERFM T A BEGINNING at an old iron rod at the intersection of Farlow Drive (60 foot right -of the �e-� Line of Spencer - foot right-of-wa -`"'aY) and the Easterly lino of Firsi t Avenue 0 Fastwardly, as syhown� said center line of Spencer-Farlow Drive were extend. Map Book 6, at Page 34 ao7 the 2P Of "Divis`ion of D.E. Lewis P�e,�* ceded in Point being the Southern;ost co w z the Hanover Cowmty Ke_,i men in rbe Easterly line Said g of. a tract conveyed to NauCc11 Associates; Trer ,no of said First Avenue L335, at Page 626, of said y deed recorded in Book point: Registry. Kunming thence from said beginning 1• South 84,degrees 06 minutes Cast 343.7I feet along the Southerly Lino of said tract conveyed to mautical Associates _ a nes iron pipe; thence 2. Continuing g South 84 degrees 06 uM ar'ls Ease 6_9I feet to a point in..the high water Line of Myrtle Grove Sound; thence - 3 - TnSoutherly direction along said is: water Rine cc a new iron pipe that:. South 14 degrees 48 minIIr South 37 degreetes 52 se S. 5conds West I0.4fi feet 7 minutes 29 Scucti minutessecondss East feet 0.4 10 degrees 04 minutes 14 seconds West 29.00 feet South 9 degrees 19 minutes 42 seconds West 45.86 feet South. 17 degrees. 23 minutes 40- seconds West 13.40 feet Sough 20 degrees. 17 minutes 16 seconds WeSt U.77 feet South 16 degrees 38 minutes 47 seconds West 23.53 feet South 12 degrees 57 m:L-=res 40 seconds East I5.03 feet South 8 degrees 58 r>arnntes 04 seconds East 45-66 feet and South 42 degrees 46 minutes 15 seconds East I3.00 feet fray the Point: thence pmumd,g 4• North 84 degrees East56 minutes West 364.32 feet to a new iron p� �. theerly- Line of said First Avenue; thence 5- Along- and with the Easterly Line 'of said First A minutes 00 seconds East 209vaxD .99 feet to the point of E_L- LerTis and wife Nardi degrees 45 The above described tract contains 1.66 acres and is that same_ . Francis Lewis by deed recorded in Book 786 at p� 731, of said Registry. Lewis property,.. samm also being Tract: 'qr, as shown on ;� mapp "Division of D.E. ,is property-... of • 'l it li 6 BOOK PAGE EXHIBIT B 1 9 2 9. 0 8 8 7 BEING all of Lot 20, on Block 80, of Carolina Beach, as shown on the Map thereof, duly recorded in Map Book 2, at Page 55, in the Office of the Register of Deeds of New Hanover County. li I i ice: � '`!� it v/ n AEG G 1?96 3IDA3 .,L iVANAGEMC-N NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910)458-0457 FAX (910) 458-0457 June 8, 1996 Daniel P. Cappa 500 Newport Road Rochester, NY 14622-3002] Dear Mr. Cappa: AUG 0 9 1996 DIVISi=Jib OF COASTAL MANAGEMENT This letter is to notify you as required by State and Federal regulations, that I am in the process of applying for permits to accomplish the work as described in the attached drawings. If you have no objections to this project no further action is required. If you do have objections to this project, please notify me, the Corps of Engineers, or the North Carolina Department of Natural Resources and Community Development (addresses are listed in the enclosed permit application). Thank you for your cooperation. Sin�crelyy,, % �% !,7 /' ' / Steven H. MacCurry NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910)458-0457 FAX (910) 458-0457 June 8, 1996 Drew W. Noyes 1708 Carolina Beach Avenue North Carolina Beach, NC 28428 Dear Drew: AUG 0 9 1996 DIVISION OF COASTAL MA14AGEMENT This letter is to notify you as required by State and Federal regulations, that I am in the process of applying for permits to accomplish the work as described in the attached drawings. Lf you have no objections to this project no further action is required. If you do have objections to this project, please notify me, the Corps of Engineers, or the North Carolina Department of Natural Resources and Community Development (addresses are listed in the enclosed permit application). Thank you for your cooperation. Sincrely, *Steven;H. MacCuny NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910)458-0457 FAX (910) 458-0457 June 8, 1996 U.S. Army Corps of Engineers Regulatory Branch Post Office Box 1890 Wilmington, North Carolina 28402 To Whom It May Concern: AUG 0 9 1996 D1VI0'.,,4 OF COASTAL MA14AGEMENT I request that a permit be issued to authorize the work described in the enclosed application form and related plans. The property on which the work is to be completed is owned by Northcrest, or the appropriate authorization letters are enclosed. The adjacent property owners have been furnished copies of this application and related plans by registered mail. If you require any additional information please contact me at the above address or phone number. Sincerely, Steven H. MacCurry President NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910)458-0457 FAX (910) 458-0457 June 8, 1996 1 %'l l Mr. Harry Oakes _1 City of Carolina Beach �' \^ , ! I i Planning and Zoning Department v AUG 0 9 1996 1121 North Lake Park Boulevard D I V I S i u N OF Carolina Beach, NC 28428 COASTAL MANAGEMENT Dear Harry: This letter is to notify you that I am in the process of applying for permits as required by State and Federal regulations to accomplish the work as described in the attached drawings. Sincerely, Steven H. MacCu —/ President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER M. 2030 The foregoing certificate of a Notary Public of County, PACE with the Notary's official seal thereto affixed,'is certified to be correct. STATE OF This instr Ncer vHil"O Couil�AROLINA fer County The Roregoing/ Annexed Certificate(,) of Registry on the 1996, at Ocloc) Nolary� (Notaries) Public /areccr11fi d � T at Page to be correct. n,l, uteMdayor N� Mary Sue Oots, Re i ero ecds ]9� B by Deputy Aft orth Carolina by7 AUG 0 9 199G DIVISIuN OF COASTAL MANAGEMIENT 3 PAGE 2038 0978 And the said party of the first part does covenant that she is seized of said premises in fee and has the right to convey the same in fee simple, save and except the above -described rights of way and easement, restrictive covenants and lease agreement; that the same are free from encumbrances; and that she will warrant and defend the said title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, said party of the first part.has hereunto set her hand and seal on this the day and year first above written. (SEAL) GENEVIEVE COVINGTON STATE OF NORTH CAROLINA COUNTY OF �SCQTCl9N AUG 0 9 1996 DIVISiul OF COASTAL MANAGEMENT I, ( OA31J; G..L)eArtz , a Notary Public of �'Sr_OHAAlci County, North Carolina, do hereby certify that GENEVIEVE COVINGTON, Widow, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for all intents and purposes therein contained. WITNESS my hand and Notarial Seal this the 1996. Notary Public Expires: BOOK PAGE 2038 0478 said beginning point and along the eastern side of said 15-foot drive, and beyond, North 5 degrees 45 minutes East 112.3 feet to an iron pipe in the northwestern corner of said Tract "C"; running thence South 87 degrees 07 minutes East 227.5 feet to an old iron axle, the'northeastern corner of said Tract "'C"; running thence the same course, South.87 degrees 07 minutes East about 40'feet to the high water mark of Myrtle Grove Sound; running thence southeastwardly along the high water mark of said Myrtle Grove Sound, about 146 feet to a point which is South 84 degrees 06 minutes East about 342 feet from the point of the beginning; running'thence North'84 degrees 06 minutes West about 40 feet to an iron pipe; the southeastern corner of said Tract "C"; running thence the same course, North 84 degrees 06 minutes West 302.2 feet to the point of the BEGINNING, containing 0.8 acres of land, more or less, and being a portion of a tract of land conveyed in Deed Book 564 at Page 54, New Hanover County Registry, the same also being Tract "C" according to the aforementioned Spencer-Farlow map, together with the land lying between said Tract "C" and the high water mark of Myrtle Grove Sound. y �� ��� � The above -described tract or parcel of lan U D � ���q is the same tract conveyed to Thomas T. Covington, Jr. and wife, Genevieve Covingt , by deed dated October 7, 1970, and recorde AUG 0 91996. in Book of Deeds 893 at Page 701, New Hanover County Registry. Thomas T. Covington; Jr. DIVISluigOF died a resident of Scotland County and COASTAL MANAGEMENT Genevieve Covington became the owner of the property as the surviving tenant by the entirety. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said party of the second part and its successors and assigns forever. This conveyance is made expressly subject to rights of way and easements of record, if any; restrictive covenants of record, if any; and all the terms and conditions of that certain lease agreement dated the 3 rc{-da �= Y of 1'�'Lc d 1996, incorporated herein by reference. NEW HANOVER COUNTY NC 05/30/96 REMOLD AND VERIFIED BOOK PAGE37 MARY SUE COTS $300.00 REGISTER OF DEEPS sTnrz TH 2 0 3 4 7 op o l-114 .( Real E Tex NEW HANOVER CO. NO Excise, 96 nny 30 Pf� 4.40 This instrument prepared by: John H. Horne, Jr. Gordon, Horne and Hicks, P.A. 609 Atkinson Street Laurinburg, North Carolina 28352 JaL-v 1 2n E.L(r t P- v 5(&) 4, - CoJ STATE OF NORTH CAROLINA - W A R R A N T Y D E E D- COUNTY OF NEW HANOVER THIS DEED, made and entered into this the 20th day of May, 1996, by and between GENEVIEVE COVINGTON, Widow, of the County of Scotland and State of North Carolina, party of the first part; to NORTHCREST INVESTMENT COMPANY, a Colorado corporation with an office or place of business in New Hanover County, North Carolina, whose mailing address is 803 Canal Drive, Carolina Beach, North Carolina 28428, party of e-tseGond_.part; W I T N E S S E T H AUG 09 1996 oF- COA',STAL MAIdAGEMENi- That the said party of the first part for and in consideration of the sum of TEN ($10.00) DOLLARS and other valuable consideration to her paid by the said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the said party of the second part, its successors and assigns, all of that certain tract or parcel of land lying and being in Federal Point Township, New Hanover County, North Carolina, and being more particularly described as follows: BEGINNING at an iron pipe in the eastern side of a 15-foot drive, said point being the southwestern corner of Tract "C" according to a map of the division of the lands of A. A. Spencer and C. Farlow as prepared by M. H. Lander, C.E., on November 10, 1958, and duly recorded in Map Book 6,at Page 95, New Hanover County Registry; running thence from Fjeturned To /ti'J