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2-96 Hines, John
Permit Class Permit Number STATE Department of Em X Major Devi pursuant to X Excavation and/or 9unna Concern to NCGS 113-229 ---I-Issued-to-JobnHines,.P.0. Box _166.Farmv_ille,_NC 27828_-______ authorizing development in Carteret County at Gallants Channel as requested in the perminee's application dated 9128/95 including attached work plan drawings, 3, dated 9/28/95. This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicab 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. Excavation 1) Excavation will not exceed 6 feet below normal low water. 2) No vegetated wetlands will be excavated. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) All excavated materials will be confined landward of the normal high water (NHW) 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. (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 furtherDepartmental 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. Ro Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John Hines ADDITIONAL CONDMONS Archaeological Resources Permit #2-96 Page 2 of 2 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Division of Coastal Management; and the Wilmington District Engineer who will initiate the required State/Federal coordination. - ---------------- --- ----- -------------- ----------------------- --- General 6) This permit does not authorize the interference with any existing or proposed- Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the 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. Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT F3 > CJ2 t a. Landowner: Name J-O#Al P I Al FS Address PO Box / 6 6 City r-4t?i /N V/t , er— State A/L Zip, - c/� Day Phone 4/ 9 7.53 Sc500 Fax G/Q 753 'R4402 b. Authorized Agent: Name CN.x. ' 8 7' Address RO �©Y 6,n O City /4/1OAf44F 46 O-L%Y State 4�` Zip u28 7 Day Phone 9t,? -7v28 4/4/ Fax q1ef 72$ -Vi4 2 c. Project name (if any) AIA NOM Pernut will be issued in ww of landowner(s), and/or project inure. 2. LOCATION OF PROPOSED PROJECT a. County O A Revised 03195 c. Street address or secondary road number IID AVAI S-7k SW i d. Is proposed work within city limits or planning jurisdiction? ✓ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) (OALLAe7:5 Cf V fr L 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 15-s[Gs4 V A--F / a A/ b. Is the proposed activity maintenance of an existing project, new work, or both? N2�i:-r-t/ c. Will the project be for public, private or commercial use? P.iO i VA---2FF Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. CLAMZ H,, 25-M Ar/ONC�� �Fog F'Q c V L� 5 L ✓/-v , / P - /L A4 d-7-�M i TO e3E Pi-Ac-,P a: a Al la4QG.4E A4/77 of 'Lro AiJ1.� ,ovTO L7C(mP T.QweK' S Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract AC, 2ES b. Size of individual.lot(s) c. Approximate elevation of tract above MHW or NWL + 5- d. Soil type(s) and texture(s) of tract >ANO e. Vegetation on tract CRASS T.Q91=_5 f. Man-made features now on tract Nom E g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land we plan.) Conservation Transitional �r Developed Community Rural Other h. How is the tract zoned by local government? u_� n i. Is the proposed roject consistent with the applicable zoning? Yes No (Attach zoning compli—ce cernficate, if applicable) j• Has a professional done for the tract? If yes, by whom? archaeological ass went been Yes V No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ell''�ible property? Yes V No Are there wetlands on the site? _ Yes _ No Coastal (marsh) f 'Other If yes, has a delineation been conducted? V _ (Aaacb documentation, if available) 1 � I 1 m. Describe existing wastewater treatment facilities. ^jyr,-iPA-!. gs—K_S ,.i/I n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) N6Av t, o. Describe existing drinking water supply source. 101tNiG1 PA-t_. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name TAs P>=-2. 5 kl k i A/ Address loo AIVV si. SgwuPa/Z7— A/C__ Phone `72�9 i S?aq Name /[_t /Ay Address lam i=.Q_oA i 57W�> Phone '72_8 -,%-778 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit nu bers permittee, and issuing dates. 114 90 q 4 �q5 4/6- 3Fs- qI -Y. tJ . SA//PsS t�N i Z�00 ,0� /`t 9 I • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. 'Ile project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 2I1 day of -SAW199? Print Name VV qAl 141A/E_S Signature Landow er or Authorized A t Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. OCT 0 6 1995 n Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabiliution) Average Final Existing Project Length Width Depth Depth I q0 5-0 3 6 v� 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 777, 7% b. Type of material to be excavated SAND c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes 1f No d. Highground excavation in cubic yards - 0- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area RAO10 1, 12" —, �:) 77 D ,ram-� c�,vsT. e--,O, PAOnE.4-T�' b. Dimensions of disposal area 2COx 400 C. Do y p claim title to disposal area? ✓✓ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? L/ Yes _ No If yes, where? .S,Ann F Revised 03195 OCT06» Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal inclu any area in the water? Yes �o 3. SHORELINE STABILIZATION a. Type of shoreline stabilization /VA Bulkhead Rpprap b. Length c. Average distance waterward of MHW or NWL 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 NA (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? toA-Z030 b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr ssed in transporting equipment to project site? _ Yes If yes, explain steps that will be taken to lessen environmental impacts. MWN Applicant or Pro'ect Itla Signature I I= Revised 03/95 pROPOSwUOCK/g- x c g Vq I'M JOMN M. MINES SCALF I" = 40' A7DNDIAVS AT MEAN IOW WA/FR () PLAN BY T. D. FURF CONSTRUCTION, INC. 1yb-r-5 " '�K PL2rtr-.ar� n l4 SOR TOWN IMEEK 14o c� �t 1 ARaA TO 3E r1j"?FR E XGAVATra7 (?) /J/// FUMNO FIR MARSH R /RaN STAKE -- r 170'-0" FT ✓ONN M. NINFS O �J. A. SWAIN 3 fe Ifo w �NMmtFFr OCT 0 6 fooANNstRW !8 BFAUMT, N. C. iv 1 3OWA) i4IAJES L-WIE406L� PQf�-s�T OCT 0 6 1995 S/ViL AQr-,A bm 1 S6u-T44 Sz.$v g-to.4j SPo/L AAFA c405S - s6cT1 L64J T_ L) , F� ties PRaOEoci-s' RAiZ)ro IsL-AVL> SCALE- I : /+ v !0/s/a c caz/ L w %.,, ?FO N Al "i rvs S GQoS,S soc'TYaN aoo o�3U o+SO /+00 i Aar�A ro e3F OXCA VA'T'lw-L7 Sc-A L-k:-- I % ZD r OCT 0 6 15 Permit Class Permit Number STATE Department of Env Major Dev( pursuant to X Excavation and/or Resources Concern QUAM V1D�sS=' pursuant to NCGS 113-229 -Issued to- John Hines,_P_._0. Box 166. Farmv_ille,_NC_ 27828 _ _._ _ _ __ _ _ _ _ _ _ _ _ authorizing development in Carteret County at Gallants Channel , as requested in the permittee's application dated 9/28/95 including attached work plan drawings, 3, dated 9/28/95. This permit, issued on , is subject to compliance with the application (where consistent with the permit), all applicabl(- 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. Excavation "'- 1) Excavation will not exceed 6 feet below normal low water. 2) No vegetated wetlands will be excavated. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) All excavated materials will be confined landward of the normal high water (NHW) 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. ' (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Ro Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. .Signature of Permittee John Hines ADDITIONAL CONDITIONS Archaeoloeical Resources Permit #2-96 Page 2 of 2 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Division of Coastal Management; and the Wilmington District Engineer who will initiate the required State/Federal coordination. --- --- ------------- --- -----------General -------------------------- -- 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the 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. Permit Class PermitNumber NEW 2-96 STATE OYNORTH=CAROLINA Department of Envionnient, Health°& Natural Resources % Major Development-in'an`Area of Eriv}ro imental Concern pursuant toNCGS 113� T18' fan ,�j QUAM X Excavation and/or filliri"g pu s6ant to NCGS 113-229 1 -Issued to- John Hines. _P._0 Box 166, Far_mville, _NC _27828 ------------------------- authorizing development in Carteret County at Gallants Channel as requested in the permittee's application dated 9128/95 including attached work dated 9/28/95. This permit, issued on ail yia- , is subject to compliance with the application (where consistent with the permit), all applicabl 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. Excavation 1) Excavation will not exceed 6 feet below normal low water. 2) No vegetated wetlands will be excavated. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) All excavated materials will be confined landward of the normal high water (NHW) 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. (See attached sheet for Additional Conditions) This permilLaction 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. Ro . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee John Hines ' Permit 02-96 Page 2 of 2 ADDITIONAL CONDITIONS Archaeological Resources 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Division of Coastal Management; and the Wilmington District Engineer who will initiate the required State/Federal coordination. General -- -- - - -- - -- --- -- 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the 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. Permit Class Permit Number STATE Department of Env X Major Devi pursuant to X Excavation and/or Resources Concern QiJFWl fir'"' �9 pnis2tlt to NCGS 113-229 --�- Issued to-John_Hines,P,O.Box 166,_Farmyille,_NC_27828 authorizing development in Carteret County at Gallants Channel as requested in the pennittee's application dated 9/28/95 including attached work dated 9/28/95. This permit, issued on 3 , is subject to compliance with the application (where consistent with the permit), all applicab 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. Excavation 1) Excavation will not exceed 6 feet below normal low water. 2) No vegetated wetlands will be excavated. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) All excavated materials will be confined landward of the normal high water (NHW) 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. (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 ppermit 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. Ro . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John Hines ADDITIONAL Archaeological Resources Permit #2-96 Page 2 of 2 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Division of Coastal Management; and the Wilmington District Engineer who will initiate the required State/Federal coordination. ----------------- General 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the 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. State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Coastal Management rA James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary U) FEE r® 1 Roger N. Schecter, Director January 9, 1996 Mr. John Hines - ------P-.0.Box 166-- ------ ----- - - -------- --- ---- Farmville, NC 27828 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the—. Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John . Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Hines 2. LOCATION OF PROJECT SITE: 110 Ann Street, Gallant's Channel, Beaufort, Carteret County Photo Index - 1989: 1-8 15-J 1984: 38-1219 6-M State Plane Coordinates - X: 2699400 Y: 362100 3. INVESTIGATION TYPE: CAMA & DREDGE & FILL 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 6, 1995 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - October 6, 1995 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Beaufort Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Town Sewer Planned - None (F) Type of Structures: Existing - House Planned -Pier (G) Estimated Annual Rate of Erosion: 0 Source - Personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none (B) Non -Vegetated Wetlands 7000 sq. ft. Shallow Bottom (C) Other (D) Total Area Disturbed: 7000 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate an area 140' long x 50' wide near his dock. r FIELD INVESTIGATION REPORT: John Hines/Carteret PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is an approximately 1 acre developed tract of land located adjacent to Gallant's Channel, at 110 Ann Street, in the Town of Beaufort, Carteret County. The property is approximately 170' wide along Gallant's channel with a fringe of Coastal Wetlands measuring approximately 50' wide along the shoreline. A General Permit has been issued to the applicant which authorizes the construction of a pier but has not yet been built. Water depths at the project site range from -3' to -6' at the end of the permitted pier. Waters at the project site have been classified as SC and are closed the harvesting of shellfish. The property is located within the Beaufort Historic District which is listed on the National Register of Historic Places. The applicant now wishes to excavate an approximately 140' long x 50' wide to -6' deep mean low water (MLW) boat basin. The excavation would begin approximately 30' offshore of the fringe of Coastal Wetlands. The spoils material would be placed on a barge by a clam shell type bucket and disposed of on high ground away from the site. Major Permit #38-91 was issued to the adjacent property owner to the north of this site and authorized basically the same type of excavation which the applicant is now proposing. 10. ANTICIPATED EUPACTS: The applicant proposes to excavate an approx. 7,000 ft.z of bottom area of.Gallant Channel with approx. 778 cubic yards of sandy mud material being removed. The material would be placed directly on a barge and disposed of on high ground. An increase in turbidity should be expected during the periods of excavation but this should be short term in duration. The project is within The Beaufort Historic District and may contain archaeological resources. PREPARED BY: Charles O. Pigott DATE: October 16, 1995 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF January 23, 1996 Regulatory Branch Action ID No. 199600214 and State Permit No. 2-96 Mr. John Hines Post Office Box 166 Farmville, North Carolina 27828 Dear Mr. Hines: Reference your application for a Department of the Army permit to excavate an area of nonvegetated shallow bottom 140 feet long by 50 feet wide for the purpose of creating a boat basin in Gallants Channel, on Taylor's Creek, at 110 Ann Street in Beaufort, Carteret 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. Enclosure Sincerely, G. Wayne Wright Chief, Regulatory Branch ftM W 0 RWVCW Pa M Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. 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 Field Supervisor 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. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 LM %, Te"A/ 14 nr15-S C.Q SS r , G.a7 a.3o 1 � *01¢4 To 3i BxCA vA %,—=C7 ///// Se -A j.E 1 % ZO O+SD /�00 i r OCT 0 6 1995 ;I FOR JOHN M. HINES SCALE I" _ 40• $OW D/NOJ AT MFAM LOW WAM r ) PLAN BY T. D. SURE CONSTRUCTION, INC. ir t,4 so4 TOWN rEEK Evilnow i 70•-0,• 78,-0" %4 0,�, iLOA7/NC DOGE �• 1r 1 fw" rO•d � ! _ PiR6�! TO FS 7MG FIER E=A VATZO (:) ly - AON AAMF no•-o^ JONM M. MINES J. 0? SWAIN RESIDENCE OCT 0 6 ' 100ANNSTREET I ►0 W MN STREET BEAIIFORT, N. C.. �_ ,:-�Y -nu44A) 14INbS L:W�'.D6L° P4tT—sc�-r- 5qUrnr , � OCT o 6 1995 I'l; `wr••w•«•«••m.M.• Sou -I Sml-&VA,-10.4j G,04AIIIi5 CAf*vma L SPB IL cQoss - sT, Y�.t1 SCALL DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: John Hines COUNTY: Carteret LOCATION OF PROJECT: 110 Ann Street, Gallant's Channel, Beaufort DATE APPLICATION RECEIVED COMPLETE BY FIELD: October 6, 1995 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Pigott DISTRICT OFFICE: Morehead DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN EIGH: Id JFEE REC'D: $ PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: i - Z ' y S 150 DAY DEADLINE: / MAIL OUT DATE: q STATE DUE DATE: FEDERAL DUE DATE: �% - b �J� / FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 11-�51-95 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section h1 Div. of Env. Management M _ State Property Office _ I - _ -- Div. of Archives & History Div. of Env. Health Div. of Highways 1 Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries (_/� MEMORANDUM: TO: JOHN PARKER FROM: CHARLES O. PIGOTT SUBJECT: COMMENTS & RECOMMENDATIONS - MAJOR PERMIT- APPLICATION JOHN HINES / CARTERET COUNTY DATE: December 18, 1995 I would have no objections to the proposed project, however I would offer the following recommendations: 3 1. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 2. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 3. 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. 4. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. cc: Charles S. Jones Jeff Richter, COE State of North Carolina Department of Environment Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: October 16, 1995 Kathy B. Vinson, District Planner Division of Coastal Management John R. Parker, Jr. Major Permits Processing Coordinator EDFEE HNF1 CAMA/DREDGE & FILL Permit Application Review �EC NEON NOV 2 1995 tpAsrAt !MANAGEMENT Applicant: John Hines Project Location: 110 Ann Street, Gallant's Channel, Beaufort, Carteret County Proposed Project: to excavate an area 140' x 50 near existing dock Please indicate below your office's position or viewpoint on the proposed project and return this form by November 6, 1995. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY:'-,,j 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_ v DATE /d/0 y/f s- P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Cornier it 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, John Hines, Town of Beaufort, Carteret County DATE: October 27, 1995 Mr. Hines' property is adjacent to Gallant's Channel, at 110 Ann Street, in the Town of Beaufort, Carteret County. He proposes to excavate a boat basin near a dock which has been permitted, but not yet constructed. AECs impacted by the proposed work include Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SC and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. Mr. Hines' property is located within the Beaufort Historic District and may contain archaeological resources, as noted on the Field Investigation Report. I have reviewed this proposal for consistency with the 1990 Town of Beaufort Land Use Plan (LUP) Update and offer the following comments. The general area of the project is classified as Developed, while the AECs impacted by the work are classified as Conservation. Page III-2, Land Classification System, discusses uses allowed by the Town of Beaufort in conservation classified Estuarine Waters and Public Trust Areas. Uses consistent with the 7H Use Standards will be allowed in these areas. The only exception to this policy is the prohibition of floating structures, which does not appear to be applicable to Mr. Hines' proposal. The Town's concurrence with the 7H Use Standards for development in Estuarine Waters and Public Trust Areas, is reiterated on Page IV- 7, Resource Production and Management Policies for Marine Resource Areas, where this policy is also discussed. Fragile Areas, Historic and Archaeological Sites are discussed on Page I-37 of the LUP. The Plan notes that in addition to the Historic District, there are potentially significant historic and archaeological sites scattered along Beaufort's shoreline areas. The Town recommends that the North Carolina Division of Archives and History be contacted prior to any land or water bottom disturbing activities. Based on the above policies, this project appears to be consistent with the 1990 Town of Beaufort Land Use Plan, provided all state requirements can be satisfied. In addition, the Division of Archives and History should review this proposal for potential impacts prior to construction. CC: Preston Pate Charles Jones Charles Pigott Gordon Davis 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 October 26, MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinat, Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator • �EHN1� SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: John Hines PROJECT LOCATION: 110 Ann St., Gallant's Channel, Beaufort, Carteret Co. PROPOSED PROJECT: To excavate an area near his dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 16, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed I Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Betty Ray McCain, Secretary November 30, 1995 MEMORANDUM TO: John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of Engineers, Wilmington District FROM: David Brook Deputy State HiKo�evn Off/ SUBJECT: John Hines, 110 Ann St., Gallant's Channel, Beaufort County, ER 96-7772 We have reviewed the permit application for the above project. Division of Archives and History William S. Price, Jr., Director The project is located within the boundaries of the Beaufort Historic District which is listed in the National Register of Historic Places. Due to the project's location, our comments will address several concerns we have regarding the potential impact upon archaeological, underwater archaeological, and architectural resources. We have reviewed the permit application concerning proposed plans to excavate an area near Mr. Hines' dock. Your agency and the applicant should be aware that submerged archaeological remains are likely due to the long maritime use associated with historical Beaufort. Alerted by this information, our staff inspected the project specifications carefully and determined that the excavation constituted a minor bottom disturbing activity. We, therefore, recommend that no underwater archaeological investigation be conducted in connection with this project. We would like to notify you that this project should be undertaken with caution. If during construction submerged archaeological materials are encountered, such as shipwreck remains, it is the responsibility of the Army Corps of Engineers - Wilmington District to notify this office immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: salvage of Abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving resources in 1nQ Fast mots Strut . Ralrioh Nnrth r'amlina 770;ll-7Rt17 state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard Kimmel State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management _ James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary ID E H N FI A. Preston Howard, Jr., P.E., Director December 18, 1995 MEMO To: John Parker, DCM From: John Domey, DEOP Re: Hines ality comments hn Hject Cartere unty DEM # 951111 D as no objectio to this project plans to excavate 7,000 square feet of water or wetlands at 110 Ann treet, Gallant's Channel, Beaufort.. Please call me at 733-1786 if you have any questions. cc: Wilmington DEM Regional Office Central Files 951111.dcrn P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 509E recycled/ 10%postconxxner 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 October 26, 1995 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator /, •�• L E:>FEE HNF=1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: John Hines PROJECT LOCATION: 110 Ann St., Gallant's Channel, Beaufort, Carteret Co. PROPOSED PROJECT: To excavate an area near his dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 16, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed - Date 2 gl�5 P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper UL 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 October 26, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator /\ E:)FEE HNF10 DIVISION OF WATER SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: John Hines PROJECT LOCATION: 1107Cnn St., Gallant's Channel, Beaufort, Carteret Co. PROPOSED PROJECT: To excavate an area near his dock. RECEIVED NOV 16 1995 CGn µpNRGi-�F_NT — Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 16, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date e P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources AF • Division of Coastal Management or A_ James B. Hunt, Jr., Governor A9 p111116 Jonathan B. Howes, Secretary E H N Roger N. Schecter, Director October 26, 1995 MEMORANDUM ti 0Ci 1995 .7 ti RECEIVED a) N H iht r TO: Mr. Charles R. Fullwood, Jr., Director N CailsOn a' Wildlife Resources Commission p Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator C*4* SUBJECT: CAMA/DREDGE & FILL Permit Application ReviewAPPLICANT: Hines PROJECT LOCATION: 110 Ann St., Gallant's Channel, Beaufort, Carteret ROPOSED PROJECT: To excavate an area near his dock . Please indicate below your agency's position or viewpoint on the proposed and return this form by November 16, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agenc no objection to the project as proposed. X_ This agen has o co ent on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. signed�Ca'l'l fib"1+ Date NCwr?{ P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper )f North Carolina tment of Environment, and Natural Resources of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 26, 1995 MEMORANDUM TO: Ms. Linda Sewall Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator fZEr E IV70 OCI 0 195 DIV. OF tiEALTH SUBJECT: CAMA//DDREDGE & FULL Permit Application Review APPLICANT: John Hues PROJECT LOCATION: 110 Ann St., Gallant's Channel, Beaufort, Carteret Co. PROPOSED PROJECT: To excavate an area near his dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form b 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. c /, l Signed i' 4161 l/lil�%aDz1 Date �`f/61Z4'y ��9d-✓�d �t ye 9�dc%�/i�)7a�'—�'59S P.O. Box 27687, Rcielgh, North Carolina 27611-7687 Telepho19.733-2293 FAX 919-733-1495 An Equal Opportt Affirmative Action Employer 60%recycled/ 10% post -consumer paper 17— A s v d D MEMORANDUM TO: JOHN R. PARKER, JR. FROM: LOUIS DANIEL DATE: 7 NOVEMBER 1995 SUBJECT: HINES BEAUFORT CARTERET Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) 1W 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 K Schecter, Director October 16, 1995 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator IDFEE HNF1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Job Hines 7 - Project Location: 110 Ann Street, Gallant's Channel, Beaufort, Carteret County Proposed Project: to excavate an area 140' x 50 near existing dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 6, 1995. If you have any questions regarding the proposed project, please contact charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: " ' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. issaage objects the project for reasons described in the attached comments. SIGNED ✓ ' DATE (o A O3 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper 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 October 26, 1995 UNUTT , ►V11111 u i TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator \� EDEHNFR NO�co 1n� 014N A SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johl(\Hines PROJECT LOCATIONS 110 Ann St., Gallant's Channel, Beaufort, Carteret Co. PROPOSED PROJECT: To excavate an area near his dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 16, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the ache mments. Signed �(/ - Date 3 / P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina '�@M2WT� Department of Environment Health and Natural Resour OCT 18 1995 • • Division of Coastal Management _ James B. Hunt, Governor p E H N R Jonathan B. Howes, Secretory Roger N. Schecter, Director October 16, 1995 D MEMORANDUM: OCT 1 D 3 1995 TO: Mr. A. Preston Howard, P.E., Director DIVISION OF Division of Environmental Management COASTAL MANAGEMENT FROM: John R. Parker, Jr. 11 Major Permits Processing Coordinator f4 J SUBJECT: CAM 7ines EDGE & FILL Permit Application Review RECE-7 1995 Applicant: John OC Project Location: 110 Ann Street, Gallant's Channel, Beaufort, Carteret County Proposed Project: to excavate an area 140' x 50 near existing dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 6, 1995. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY-�,4 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED h C c V_ � h I' � � C r DATE I� - c �' P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 23557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor — Jonathan B. Howes, Secretary Roger N. Schecter, Director October 16, 1995 MEMORANDUM: TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator A ' w*YW LT74 *e An E)FEE HNR I 001 1 8 1995 DIVISION OF COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED ko T 261995 Applicant: Joh Hines COASTAL ANAGEtdENT Project Location: 11 �1nn Street, Gallant's Channel, Beaufort, Carteret Coun Proposed Project: to excavate an area 140' x 50 near existing dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 6, 1995. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY\ This agency has no objection to the project as proposed. V 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. r SIGNED DATE_ va P.O. Box M9, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 16, 1995 10 rc�17\.1�IIl,3a TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator OCT 18 1995 DIVISION OF COASTAL MANAGEMENT SUBJECT: CAM REDGE & FILL Permit Application Review Applicant: Jo Hines Project Location: 110 Ann Street, Gallant's Channel, Beaufort, Carteret County Proposed Project: to excavate an area 140' x 50 near existing dock Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 6, 1995. If you have any questions regarding the proposed project, please contact Charles Pigott at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. __�is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1012 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF December 7, 1995 Regulatory Branch Action ID No. 199600214 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 John Hines for a Department of the Army permit to excavate an area of nonvegetated shallow bottom 140 feet long by 50 feet wide to a depth of 6 feet below mean low water (MLW) for the purpose of creating a boat basin in Gallants Channel, on Taylor's and Town Creek, at 110 Ann Street in Beaufort, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: All work authorized by this permit must be performed in strict compliance with the permit plans. 50' A All excavated materials will be confined landward of the mean high water T (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. Any 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. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. X — No vegetated wetlands will be excavated. Excavation will not exceed 6 feet below MLW. The permittee's scheme of development, of which the authorized work is a part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the Pnnted on 9 Recycled Paper easement. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. `i No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the 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. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work, will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with this direction, the Secretary or his representative may restore the waterway, by contract or otherwise, and recover the cost from the permittee. 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. The authorized activity will not cause an unacceptable interference with navigation. 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 wate_rbody is 50 NTU's or lees in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the ilmington District Engineer who will initiate the required State/Federal coordination. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. This permit does not grant any property rights or exclusive privileges. This permit does not authorize interference with any existing or proposed Federal project. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. MAINTENANCE DREDGING: The work authorized herein includes periodic maintenance which may be performed for ten years from the date of issuance of this permit provided: a. The permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. b. The proposed area to be dredged, method of dredging and disposal of dredged material will be in strict accordance with that authorized by this permit. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, Ernest Jahnke Wilmington Regulatory Field Office 3 Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental ,Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt 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 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY atWILMINGTON DISTRICT, CORPS OF ENGINEERS GO• P.O. BOX 1890 J WILMINGTON. NORTH CAROLINA 28402-1890 November 13, 1995 Regulatory Branch Action ID No. 199600214 Mr. John Dorney RECFIVEO Division of Environmental Management NOV 1 5 1995 North Carolina Department of cc Environment, Health and L'(;�'a1AL Natural Resources MANAGEMENT 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 9 5 Enclosed is the application of Mr. John Hines for Department of the Army authorization and a State Water Quality Certification to excavate an area of nonvegetated shallow bottom 140 feet long by 50 feet wide for the purpose of creating a boat basin in Gallants Channel, on Taylor's Creek, at 110 Ann Street in Beaufort, Carteret 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 qua3,i4y 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 January 12, 1996, the District Engineer will deem that waiver has occurred. 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 Copies 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 Primed w is FecydW Pepe, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 W ILMINGTON. NORTH CAROLINA 28/02-1890 NF"LyRUM To -- Regulatory Branch Action ID. �-1-11DL1 ✓�� Applicant �C\ I_ksn� Waterway <c�ti�or s C(cOc CountyCar VL�-'t Type Work Z �u� i�o4t Mr. Larry Hardy National Marine Fisheries Service, NOAA - Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Fosc Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: 1j aS 1 n 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 M�. Ch4r�t5 J0r,2,s MofChCacl C,+., Regional Office Division of Coastal Management North Carolina Department of Environment, Health and Natural Resourc s Osi 0-M'_c. 0X _I(A MAPe\tAd Ci "1-1 Nor-tr, Cq(V��nq �1,$ 55 1 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 ap(4reciated on or beforeNov '3rnO 1CtCA.5 \ Questions or comments may be addressed to I"_ ir. Regulatory Branch, Field Office, telephone F10) ^..51 - 4631.. Sincerely, V. e Wrigh Chi , Regulat Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 I191.Y ro AnBRDN OF October 30, 1995 Regulatory Branch Action ID No. 199600214 Mr. John Hines Post Office Box 166 Farmville, North Carolina Dear Mr. Hines: On February 11, 1991, enclosed), which provides that receive authorization NOV 1 1995 M IiAG 27828-0166 we renewed general permit No. 1980002.1 (copy Federal authorization for construction activities from the State of North Carolina. 5W A review of your application received October 18, 1995, for Department of the Army authorization to dredge an area 140 feet long by 50 feet wide for the construction of a boat basin, on Gallants Channel in Taylor's Creek, at 110 Ann Street in Beaufort, Carteret 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. Ph m 0 PAVYded Peg, -2- b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize 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 indicate 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 20, 1995. 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. 199600214 and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office. Mr. Richter may be contacted at telephone (910) 251-4636. Sincerely, Ernest Jahnke Manager Wilmington Regulatory Field Office Enclosure -3- Copies Furnished (without enclosure): M ohn Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Area office Manager North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Chuck Bissette Post office Box 650 Morehead City, North Carolina 28557 p ;'envIn: Compete items 1 anNor 2 for additional services. I also wish to receive the •complete- items 3, 4a, and 4b. following sentices (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the front of the mailpiece, or on the back it space does not 1. ❑ Addressee's Address permit. • WHte'Refum RaceipPRequested'on the mailpece below the article number. Q, ❑ Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. Article Addressed to: �Cr92q� /iI1 C- Z-&S)6, rntler IP35-/P;,- ❑ Registered ❑ Express Mail ❑ Return Receipt and fee is paid) ❑ Insured ❑ COD d xa U3 n d U ¢ IE IE Decemher 1QM UNITED STATES POSTAL SERVICE Postage &Mall Postage &Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • F0 ,80sr 6-s InDA' �T#O40 a��7 O�OrT 12 �995 BEAUFORTJ NC 26516 (919)728-W2 OFFER TO PURCHASE AND CONTRACT S. JOHN M HTNES AND TFEM M. MINEShereDvarfers to ourchesR and rlrvW eurmv uaon e,xwoie new ,.r.ww ,.rre,,;.,w!. I%t tlLanl cc_yz•. ;t okhel plot, place ul pal uel of IdIIU UeaCIIbeU 561aly 4Fn+s en .R.i ouch porouirel pi ups, I as Is ❑ale" DUIOW (1119 fbAl AHd pireonal properly are collecllve.to arrnrdanro wtlh Il.w Slnndnrd pro•rle6no on lho RCYCROC Cly IDC I IHAPOF Oil ATTAGRMt:IV 1711d upa11111e161h I. REALPROPERTY: Located In the Cilvol RRATipnRT UleteullatnulLAlUinlg,BNI(I(JNflbWf4ARflE]MbVepadculary esc as: Countrof . StreetAddress 110 ANN STREET ziF Legal Description DEED BOOK 574. PAGP. UM raomcoeM nnn.rm- 2.PERSONALPROPERTY: NUT INULUDED WD TRT W/D COPPER HGr FREEZER COR CUB/i 3. PURCHASE PRICE: The Purchase pricelsf 555, 000 and shall be paid as follows: (e)s201000 , in earnest money paid by 1)ERSONAT r,H CTi n All to a. as (cash; bank, certified, or personal check) with thedellvery, of thlicontrect, tobe held In eicrowby BEAUFORT REALTY as agent until the sale is closed. At which lime it will be credited to Buyer, or unlit this contract is otherwise terminated and It is disbursed In accordencewllh the Standard Provisions on the REVERSE SIDE HEREOF ORATTACHMENT; (b) f by assumptlod of the unpaid Principal balance and all obligations of Seller on the existing loan secured by 6 dead of trust on the Property; (C)f bye promieeorynoteiscured by spurchaiemoneydeed oftruiton the Property with Interest prior to default at the rate of NA % perannum payable as follows: NA =r=y$11c1 rr rusuroaons ano ror penalties, If any, shell be: or rrensier ugnts, If any, (d)A. 535,000 , thibalance ofthipurchiseprlcelncishitClosing. 4. CONDITIONS: (Stale N/Alneschblankofpamgraph4(a)and4(b)lhatlsnotacondilionlothiscontract.) (a) The Buyer must be able to obtain a firm commitment on or before N/A ,, fora__ N/A effective through lhedate of the closing loan in the rinci alamountoff N/A interest rate nottoexceedN/A p p IoratermofN/A vear(s)alan %perannum, withmortgage loandiscount points not toexceedN/A % of the loan amount. Buyer agreeslo use his beat efforts to sacure such commitment and to advise Seller Immediately upon receipt of the lender's decision: If Seller is to pay any loan closing code. thosecostsareasfollows: N/A (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the remainder of the loan term, atcnInterest rate not toexceed NA % per annumfixed (or describe type ofloan) .NA with mortgage loan assumption and/or discount points not to exceed NA%oflheloanbalance. (See Standard Provisions No. 2). If such assumption requires the lender's approval, approval must be granted on or before NA . Buyeragrees ere as follows: NA louse his best efforts to secure such approval and to advise Seller Immediately upon his receipt of the lender's decision. It Seller Is to pay any loan assumption Costs, those costs (c) There must be no restriction, easement, zoning or governmental regulation that would prevent the reasonable use of the real properly for RESIDENTIAL s.ASSESSMENTS: Seller warrants that there ire no special assessments, ellher pending or confirmed, for sidewalk, paving, water, sewer or other improvementson or adjoining the Property, except is follows: NONE (Insert"None"or the identification of such assessments, if any. The agreement for payment or proration of any assessments Indicated Is to be tat forth In paragraph 6 below.) B. OTHER PROVISIONS AND CONDITIONS: (a) Allof the Standard Provlslonson the REVERSE SIDE HEREOF ORATTACHMENT are understood and shall applytothis instrument, except the following numbered Standard Provisions shall be deleted: (if none are to be deleted, state "None".) 2, 3 W 11 IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE ABOVE AND ATTACH HERETO. 7. CLOSING: All partiei agree to execute any and ell documents and papers necessary In connection with closing and transfer of title on or before NOVEMBER 30 1995 at a place designated by BUYER IN CARTERET COUNTY The deed is to be made to JOHN M. HINES AND TERRY M.* HINES &POSSESSION: Possession shall be delivered g2+ CTO4TNC s not delivered at closing,(hen Seller agrees to pay to Buyer the sum of f N/A In the event that Buyer has agreed that possession iper day from antl including the dale of closing to and Including the dale that possession is lobe delivered as above set forth. 9.000NTERPARTS: This offer shall become a binding contract when signed by both Buyer and Seller. It is to be signed in FOUR (4) counterparts with a signed counterpart being retained by each party hereto and the escrow agent, If any. DateofOffer: JULY 28, 1995 %.'\, I) i 4/ Date ofAcceplance: Buyer:_ hereby 113 REALTOR- Seller (SEAL) tQC^L) Seller (SEAL) orlhe earnest money herein set forth end agree to hold and disburse the same In accordance with the terms hereof. Firm JOE H. CHRISTIAN/BEAUFORT REALTY SelungAgent/Firm Usting Agent his Slandard Form has been Pproved jointly by the: =1rm JOE H. CHRISTIAN/BEAUFORT REALTY NORTH CAROLINA BARASSOCIATION as Fnnu No. 2 NORTH CAROLINA ASSOCIATION OF REALTORS 0, INC. as Slandard Form No. 301 i I Ibn errs Agent I I Sellers suh(agaa 1 I Dust Agent as I I Seller's (sah)ageol I I Dnal Agent IO'd 119E—ESL-616 SaULH UWE' VtZ=60 96—OT--4a0 r 1-P%%Jrva[ I Mr —AL 1 Y P 0. BOX 659 " 9 9U«6ORTW2 C zas,s OFFER TO PURCHASE AND CONTRACT JOHN M. HINES AND TERRY M HINES as Buyer, hereby offers to purchase and r crrvrnprr,rc oxxTmv , s Buyer, upon arcapran�. „r .a,n „u.,, ;,.., ,,__lund c__\.v,. c,, oF.tet plot, plece ui paiuel of Iattu BeSCIl6ed BBIaW, ttlge1R81 Nl(t1 rill Impf6v9niAAls located 4P•rasn aad such perounel piupu,ly as is IisIBu d®IOW ([hs 1801 9hd personal property are collectively referred to as "the Property"), in Arcnrdan,•aa,l,,.,n., Standard Previsisneonthc nCYCROC 3IDC IIBRCOjiORATTALRMhN I and llpdh tee 16116w,ng terms and conditions. 1. REALPROPERTY: Loca!edinlhe Citvof RFATIF;IRT_ .Goun!ror CARTRRFT JIBI@UI Iquill IMb I,dIUlll2.LWill(J kfiC4Uf4 aS 9A9 ?b padicuiady escr, des StreetAddress 110 ANN STREET Zip 28516 Legal Descnntioa_ DEED BOOK n74. PArR a5n r^n amcovm nnrrxrmv nonrr. me•r, 2. PERSONAL PROPERTY: (2) REFRIG, D/W DBL OVEN RANGE TOP S HOOD, DISP. INCL NO INCLUDED AD TRT q D COPPER HG FREEZER,COR CUB/FAM RM, HALL_CNDL 3. PURCHASEPRICE: The purchase priceis s _ 555,000 and shall be paid as follows (a).5201000 mearnestmoneypaid by__PERSONAL CHECK _( Cash, (cash, bank, certified, or personal check) with the delivery of thlscontracl, to be held In escrow by BEAUFORT REALTY ,as agent until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed inaccordsncewllh the Standard Provisions on the REVERSE SIDE HEREOF OR ATTAC HMENT, (b) S by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured bye dead of trust on the Property; (c)s , bye promissory note secured by a purchase moneydeed of trust on the Property with Interest prior to default at the rate of NA % Per annum payable as follows. NA rrepsymentrestrictions andlor penalties, if any, shall be: Assumption or transfer rights. If any, shall (d)$535, 000 , the balance of the purchase price In cash at closing. 4. CONDITIONS: (Stale N/A In each blank of paragraph 4(a)and 4(b) that is not acondition to this contract) (a) The Buyermust he able to obtain a firm commitment on or before N/A ,elfedivethrough theists otitis closing, fora N/A loan in the principal amount ofs_ N/A foratermolN/A year(s)atan Interest rate notto exceed N/A _% per annum. with mortgage loan discount points not toexceed N/A %oftneloan amount Buyer agrees to use his best effor!stosecure such commitment and to advise Seller Immediately upon receipt of the lender's decision It Seller is to pay any loan closingcost,,, those costs are as follows._ N / A (b)The Buyer must be able to assumethe unpaid principal balanceof the existing loar, described in paragraph 3(b) above for the remamderof the loan term, at cn interest rate not to exceed NA % per annum fixed (or describe type of loan) NA with mortgage loan assumption and/ or discount points not to exceed NA %of the loan balance. (See Standard Provisions No 2) ll such assumption requves the lender's approval, approval must be granted on or before NA ,Buyer agrees to use his best efforts to secure such approval and to advise Seller Immediately upon his receipt of the lender's decision. If Seller is to pay any loan assumption costs, those costs areas follows: NA (c) There must be no restriction, easement, zoning or governmental regulation that would prevent the reasonable use of the real properly for RESIDENTIAL purposes S. ASSESSMENTS: Selterwarrants thatthere Slane special assessments, eltherpending or confirmed, for sidewalk, paving, water, sewerorolher improvements on or adjoining the Property, except as follows: NONE (Insert"None" or the identification of such assessments, if any. The agreement for payment or proration of any assessments Indicated Is to be set forth In paragraph 6 below ) G. OTHER PROVISIONS AND CONDITIONS: (a)Allot the Standard Provisionscn the REVERSE SIDE HE' ATTACHMENT are understood and shall apply to this instrument, except the following numbered Standard Provisionsshall bedeleted: (Ifnonearefolec. •.rate "None".)2, 3 IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE ABOVE AND ATTACH HERETO. 7. CLOSING: All parties Was to execute any and all documents and papers necessary In connection with closing and transfer of title on or before NOVEMBEF. _30. 1995 ,ataplacedesignatedby BUYER IN CARTERET COUNTY Thedeedistobemadeto JOHN M. HINES AND TERRY M. HINES &POSSESSION: Possession shall be delivered AT TOSTNC In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyerthe sum of $ N A including the date of closing to and Including the date thal possession is to be delivered as abovesetforth. / perdayfrom and 9.000NTERPARTS: This offer shall become a binding contract when signed by both Buyer and Seller Itistobesignedin FOUR (4) counterparts with a signed counterpart being retained by each party hereto and the escrowagent, if any Dateof Offer. _JULY 28, 1995 1 Date of Acceptance n —x=-`-i/,;-! - (btAL) Seller (SEAL) Buyer �_ G��,y rf/�c..G(�Cj[� (SEAL) Seller Date--U-wledge celjpt of the earnest money herein set forth and agreelo hold and disburse the same in accordance with the terms hereof. Dale 07/T.8/95 Firm JOE H. CHRISTIAN/BEAUFORT REALTY By Selling ggent/Firm_JOE_ H. CHRISTIAN/BEAUFORT REALTY _ Actirgas ' IlM 1Asan REAL3 ticller'e .ulxegtm i I Uuui :\ytuI Listing Agent/Firm _ JOE H. CHRISTIAN/BEAUFORT REALTY This Standard Form has been Actingas SaidSdIe'.All bol Ant NORTH CAROLINA BARASSOCIATIONas Form No,2 it Uoal Agrni approved jointly by the. NORTH CAROLINA ASSOCIATION OF REALTORS INC. a, Standard Form Nu 301 TO'd 119£-E9L-6T6 saULH ULIOC VVZt60 96-01-'-400 12- 5 d � 4 J197?b EXHIBITPA - - -- - -- ------------ - - �11D2 : is -SENT BY� Lying and being in the Town of Beaufort, Beaufort Township, Carteret County, North Carolina, and being more particularly i described as follows: BEGINNING at a point which is located S 39-00 W 235.62 feet along a 12 foot perpetual ern r andsNment 51-31rw,, 418 feetint lfromewherehthe southern way of Ann Street, right of way of Ann Street would intersect with the western right of way of Moore Street if same were. extended; thence from said E 87.2 feet to an POINT AND PLACE OF BEGINNING, runnenceing 40-10 50 170,02 feet to an existing iron pipe;running Wr running thence N 53-•21 W, 209.79 feet to an existing Iron pipe; existing iron pipe set in the high water mark of Town Creek; running thence with the high water mark of TTow nCCre k,, N 09-OS E8-47 , 150 feet to a point; continuing thenceela on thence S 55-00 E, 169 51 feet to an existing iron pip , k feet to the POINT AND PLACE OF BEGINNING. Included in this conveyance is a 12 foot perpetual easement leading from Ann Street to the above described tract and being more particularly described as follows: :. BEGINNING at a point in the southern right of way of Ann Street, said point being further identified as being located N 51-31 W, 418 feet from where the southern sight of way of Ann Street would intersect with the western right of way of Moore Street if osne were extended; running thence S 39-0o W, 235.62 feet to a p running thence N 55-00 w, pointfeet the southern might of way of Ann 00 E, 235.62 feet, to a Street; running thence along the southern .right of way of Ann Street, N 51-31 W, 12 feet to the POINT AND PLACE OF BEGINNING. Seesurvey urf mp re dat d augur 14.H30, ines and Terry M. Hines by Collier ey any i:,9er%d9a\h1n68.1 't ! ay\dr y.. !, �. s .a ✓tyX0.`F�'}[t7 f..+d atr TF t lam. .. �u {�'Y xf ," te?`-iy�i`Y trite.\ in +ol ..f W ta7 x )1 r nF1aNi Wry 4SMfa , SM1nr S S r 4`y? i r " "4. 1�°,�,Wc J� nr> rl j r+ t, t f . r t5•� it N t i •.i�< "� a rs�. t -.f r�k�S.°.(>l1y(..� FS �'� •r,a e�Jr Y'I%y�'r FY�rl4a lii�l L ryn i.z :.MSi�t 3un••,`!� PM t'a�r t.............t�/ 7 R S r ' t a C�ff��'M1�w $iiaa�'. ki rt F' 'ta. ( r ,y. 4�`�A', A�,s�fjFar•3f j'Y J"s ^ti"rp1.�.iV tk 4µ1t 'i. ''W. r!.'fx 'V.F: ^ ay,)�ry S4� r %�Y . r ,I t 9•� -Tr } �7..� b "tt�}°4 <..r �,;a _r R i ,M4�7 . f y ill. a a .. s. ���P>{^�',11}•r[Y)�N4� sCr�a�WS#'r :�2<-fi x� � � t�� ear. K�j<�t.'�'g: i%�� i rli t Sffp �iyi1) x c 9t1� 9� �}} ��Y),�>� � F„ai�'ys�pL4`uw^' 'r%}�4n r � o-i � �',rGt s'f� a � t n /'•ia } Ly,t i 7��� t i Z i�i���',S @ �•,y t rt t:� ru 4y rAN t Y,t ^� �'1 rr�; .. NORTH CAROLINA CARTERET COUNTY I, WendDU is , Notary Public of the County and State aforesaid, certify that Vivienne Smith personally appeared before me this day and acknowledged the due execution of the foregoing document. WITNESS my kiand and notarial seal this they day of November, 1.995. ( 1 . - ,d M C1.. In N}�i k4 3 IPA My Commission Expires; 12/12/99 4F o�pllr A C+y oU�v NORTH CAROLINA CARTERET COUNTY The foregoing certificate(s) of is(are) o certified to be correct. This instrument Pfesented for reg ation and recorded in this office in Book 1 , , Page (Jtrh s/.e i day. of ''iii 19�, at o'clock M. 0 is\ssr\docd\hroes SHARON FINER i REGISTER OF DEEDS As nt, Deputy PAGE 5r/U -- prepared bys J. chriaty Marouies, Attorney -at -.Law, Bedufart, N.C. , NORTH CAROLINA Pin .#730617012110 CARTERET COUNTY WARRANTY DEED THIS DEED, made this 22nd day of November., 1995, by and between Vivienne Smith, of Carteret County, hereinafter referred to as "Grantor" and John M. Hines, of PO Box 685, Farmville, NC 21828, hereinafter referred to as "Grantee — W I TA E. S S E ,T H• -- That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by � these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Beaufort Township, Carteret County, North Carolina and being more 11 2 particularly described as follows: �� I w N see Attached "Exhibit A" DEC S 1995 X TO HAVE AND TO HOLD the aforeaaid lot or pa 1 MRn °r 40k all 11 Cr LU privileges and appurtenances thereto belonging tort a Grantee fee simple. 9 g And the Grantor covenants with the Grantee, that Grantor is x? seized of the premises in fee simple, has the right to convey the o-4,same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated; 1. All rights of way, conditions, easements and restrictive covenants of record. 2. Ad valorem taxes for 1995. The designation Grantor and Grantee an used herein shall include said parties, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to b;: signed in its corporate name by .its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Director, the day and year first above written. ��11�c.•L � _(SEAL Vivienne Smith PAGE: v �,:� �nr�t1[ll�n OCT06IM PS, �l�G*t��C3Lc.'+9�►�Lib20 7?04 u State of North Carolina Department of Environment, Health and Natural Resources 4 • � Division of Coastal Management r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N ri Roger N. Schecter, Director October 16, 1995 Mr. John Hines P. O. Box 166 Farmville, NC 27828-0166 Dear Mr. Hines: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 110 Ann Street, on Gallant's Channel, in Beaufort, Carteret County. It was received on October 6, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 21, 1995. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 111-12-09 Telephone 919-726.7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper ,October 16, 1995 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, Charles O. Pigott s� Field Representative COP/dh Enclosure cc: John Parker Charles S. Jones >CryILICn: •Compete items 1 andtor 2 for additional services. I also wish to receive the •Complete items 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to you. P • Attach this form to the from of the mailplece, or on the back if space does not 1. ❑ Addressee's Address 2 perms. • Write *Return Receipt Requesfed'on the mailpiece below the article number. 4 2. ❑ Restricted Delivery 4 •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. C 4 7,46P6%-7 Scu 4 IN 160 AyN ST B-X*L- a./ Nrc .2 £sSl6 ne..e...t.e. 4a. Article Number i PC�) 2-0 4b. Service Type ❑ Registered [J-t rtified a ❑ Express Mail ❑ Insured a ❑ Return Receipt for Merchandise ❑ COD 7. D27 of Delivery 8. Addressee's Address (Only if requested c and fee is paid) i F lrn UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • `I 7 ,1 :-w �O ry sT. UFO rp 2� � 1995 7