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HomeMy WebLinkAbout94-96 Eury, LynnPermit Class Permit Number NEW authorizing development in Carteret County , as requested in the permittee's This permit issued on is subject to c m e with the application (where consistent with the permit), all applicable regifa od ns, special conditions and notes set orth 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. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. attached sheet for Additional " This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must, be accessible on -site to Department personnel whenthe 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. f ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. of Lynn W. Eury ADDITIONAL CONDITIONS Permit #94-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent fo 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. 4) 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 to the authorized structure or work, or injury which may be caused existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors be c d the structure in order to make it more visible during hours of darkness r in t eather, Ge a fL' 5) The permittee will maintain the authorized work in tion and in conformance with the terms and conditions of this permit. The permittee i o ieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960410. Permit Class Permit Number NEW STATE Department of Env X Major Devi pursuant to Excavation and/or r Resources Concern to NCGS 113-229 authorizing development in Carteret County at Taylors Creek Town ofReanfort at 703 Front Street as requested in the permittee's application dated 411 /96 including attached workplan drawings. 4. dated 4/3/96. This permit, issued on v�6 is subject to compliance with the application (where consistent with the permit), all applicable reguala on ns, 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. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. attached sheet for Additional " This permitLaction 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. A6� RK9erN. Schecter, Director Division of Coastal Management This permit and itsconditions are hereby accepted. Signature of Permittee Lynn W. Eury Permit #94-96 Page 2 of 2 ADDITIONAL CONDITIONS 3) No attempt will be made by the permittee to prevent the free and full 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. 4) 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 to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. General 5) 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960410. Permit Class Permit Number NEW STATE Department of Env X Major Devi Resources Concern pursuant to NCGS 113A-4'l8. '---' s Excavation and/or fillingputs cant to NCGS 113-229 authorizing development in Carteret County at Tad lore Creek, Town ofReanfort at 703 Front Street , as requested in the permittee's application dated 4/12/96 including attached worknlan drawings. 4, dated 4/3/96. This permit, issued on �6 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. attached sheet for Additional his 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. .-Iv, WgerN.Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Lynn W. Eury ADDITIONAL CONDITIONS Permit #94-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent fo 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. 4) 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 to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. General 5) 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (919) 726-7021 prior to commencement of any such activity for this determination. OTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960410. Permit Class Permit Number NEW STATE Department of Env :7 7f _ Major Developinenl pursuant to NCGS 1 Excavation and/or f Natural Resources in Area`of Enviironmental Concern 118J'e'w,- Q�A.M vti3;. g pursuant to NCGS 113-229 authorizing development in Carteret County at Tay tors Creek Town ofReanfort at 701 Front Street ,as requested in the permittee's application dated 4/12/96inclndingattachedworkp lan drawings. 4. dated 4/3/96. This permit, issued on // /6 , is subject to compliance with the application (where consistent with the permit), all applicable regg—dTTatiions, 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. Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. attached sheet for Additional ..: his 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. ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Lynn W. Eury Permit #94-96 Page 2 of 2 ADDITIONAL CONDITIONS 3) No attempt will be made by the permittee to prevent the free and full 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. 4) 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 to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. General 5) 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (919) 726-7021 prior to commencement of any such activity for this detennination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960410. Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission hermit for % Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 authorizing development in Carteret County at Taylors Creek Town of Reanfort at 701 Fmnt Street , as requested in the permittee's application dated 4/12/96 including attached worl pl-rm drawings. 4. dated 4/3/96. This permit, issued on 4�V is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. It MRt;T71F>;7 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. -e'er Wger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Lynn W. Eury ADDITIONAL CONDITIONS Permit #94-96 Page 2 of 2 3) No attempt will be made by the permittee to prevent the free and full 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. 4) 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 to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. General 5) 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960410. 1 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 31, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. 11 Major Permits Processing Coordinator IDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Lynn Eury PROJECT LOCATION: 703 Front St., Taylors Cr., Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. Please indicate below your agency's position or viewpoint on the proposed project and return ir"S% j 1 May 31, 1996. If you have any questions regarding the proposed project, please contact Jc�e 4v 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. (itAy���'1ENT 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 yf/Li Date `I �It d P.O. Box 27687, Nig" CAn Equal OpportFAX 919-733-1495 Raleigh, North Carolina 27611-7687 unity/Affirmative Action Employer Voice 919-733-2293 z 50% recycled/10% post -consumer paper %, - PA �� a� .,.. Form DCbI-NIP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major ei Ise. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) d/or Pier(s) (1) Commercial _Community _ Private (2) Number l wtlk rttmP (3) Length 8 13 (4) Width 6' (5) Finger Piers _Yes __.:_No (i) Number (ii) Length f. (iii) Width (6) Platform(s)Ye�s No (i) Number I sf&4.onnr�T 0.&Kt (ii) Length 121 20' (iii) Width 10' /of (7) Number of slips proposed )s ;n rewni rvw4g. (8) Proximity of sttr[uu�tnre to adjacent tpazian property lines M4. Fcc+,r�hge., 7114. (9) Width of water body 860 (10) Water depth at waterward end of pier at MLW or NWL 51 O�b. Boathouse (including covered lifts) (1) Commercial (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) (3) Average wetlands - Maximum wetlands _ Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline Mooring structure (boadift, mooring pilings, etc.) (1) ­L Commercial _Community _ Private (2) Number 2. (3) Length J 13' (4) Width ✓71 Other (Give rorplsle description) Private k LAn n LAO t OrH Appkadt or Projec ame ,/r/_ ztM Signature 1«19� Date distance from MHW, NWL or distance beyond MHW, NWL or APR 1619% Revised 03/95 f �T OFFIGt5 APR 10 1996 FRONT STjZEET /20I IV d I� &izA,1AFAJ ` LL ?AJL c I — j n2 3 198 � 12F1G 9pj W H 1 BOLFOMAD I _ L a MOW 7 I STR�iNvA2'�f y7�[k �W9LkWAyS 6 • 30 • .• I /VVT 3N•VN lye • o e o • • r -lo • ei I 4 I I ao 7�FtAnr�n�r; L- i DoCR • - I pwE 3' T=W&ER HERS I r I kDD FI,oAT/NG 1'YX't 1 - „SEE' SHFF2-'$ F6Y. oT/f� ADD<7701i�5. II I I T/WL-07Z5 @12EEK i,.LA) ,EURV q-3--96 BO/VT SLIPS F'IRONTSr��p-RJForT NC. SCALE I"-4Ol SHEET I Off./{' T I EAP�oPE'xTY of 4/0- Evrc 1995 v � -- WAITEX �CJ-Ci - - LL _3ulklFFltD l2 X:I44; - - � � _ - - --'ro4re yiEP A - - 5Ta-rioN_'o" DOek - A _ ' �_- IN TNrS AIeFR kr- T -- -0Jo- ELEVATION J3 r ,�' .Tis n - Ki— N 4- -- - - FLoATINe. Doe -- Ve `�`/Lf��S CREEK (3� r9DD -StR7r 4PYDG�CrEr FLDAT/Nb__ _ k.W. Eop-y I.�t rEsSa rnTED WALxWrtys ��I) SOLID LINES IWE Exist rNG Foea-rTiES ZAsyED Limes A;YE PROPOSE, FaGtcrT/Es BOAT SL r PS FRONT $T, B�aU FORT �►t, .ShIEET 2 Dc •� �Si,4TioN�!-� Y 1ao c � No�Fo CONSTRUeT[oA) To SNec.t7Dt q)P7ZoPR14TF AhA)PRAAL!5 &)ty !-7) .rNCLUDk' CA91A)C T IJi-r# Dvf3ZE -S/Aw, ."(, acckoK� 1rf �o�s�5 15��1s ,46 8(auuy BEAT 5L,lfS F�oNT -T T/ ? FA U FAo 7 N.0 SFtFET 3 0 F" FRDnITsT B;6AI)FDP—T NG Sf�EEj y Air cf DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 4890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 2, 1996 Regulatory Branch Action ID No. 199603692, General Permit No. 197800056 and State Permit No. 94-96 Mr. Lynn Eury 4109 City of Oaks Wynd Raleigh, North Carolina 27612 Dear Mr. Bury: Through coordination with NC Division of Coastal Management, we have learned of your plans to remove one finger pier and construct a stationary platform, a floating platform with associated walkways, and construct two boat lifts on Taylors Creek, at 703 Front Street, in Beaufort, Carteret County, North Carolina. Your proposed work is authorized if you can comply with all general permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Should you have questions, please contact the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 996 IAL CMANdGEMECT Mr. Charles Jones, District Manager Morehead City Regional office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 4 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 1994 Expiration Date: December 31, 1999 DEPARTMENT OF THE ARMY GENERAL PST A general permit to perform work-in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOATSHELTERS, MOORING PILES, DOLPHINS, JETTIES AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. 1. Special Conditions. a. Structures authorized by this general permit are piers, docks, boathouses, boatshelters, mooring piles, dolphins, jetties and breakwater structures conforming to the standards contained herein. The piers, docks, boathouses and boatshelters will be pile -supported or floating structures. Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. Other construction activities, including excavation or the discharge of excavated or fill material, are not authorized by this general permit. b. This general permit does not authorize any structure closes than 85 feet to the near bottom edge of the Federally maintained, 90-foot-wide channel of the Atlantic Intracoastal Waterway (AIWW). c. This general permit does not authorize construction across or into any natural or manmade channel or waterbody so as to adversely affect navigation by the general public. No structure may be placed within 15 feet of a property line extended perpendicular to a channel without the concurrence of the adjoining property owner. d. Piers, docks, boathouses, boatshelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water (MHW) elevation contour or to the minus 4-foot mean low water (MLW) elevation contour, whichever is closer to shore (distance/depth in relation to the normal water level (NWL) elevation contour in non -tidal areas). The width of a pier will not exceed 6 feet, and adjoining boathouses, r -2- boatshelters, docks and "L" and "T" sections will not have a cumulative maximum floor area larger than 500 square feet. e. Wooden jetties will not extend farther than 100 feet waterward of the MHW or the NWL elevation contours. f. This general permit does not authorize the installation of fueling facilities on authorized structures. g. Decking for piers, docks, boathouses and boatshelters will accommodate loads not less than 50 pounds per square foot. h. Wood will be pressure -treated except in erase of boathouses or boatshelters protected from the weather. Metal or pre -cast concrete pilings are acceptable. i. Metal pilings or beams w}11 have a minimum section thickness of 3116 inch. j. Floating structures will be supported by material that will not become waterlogged or sink when punctured and will be installed to provide for fluctuations of water elevation and not break away. k. Breakwater structures will be no longer than 500 feet. They will have a minimum of one inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. 1. 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 Laird party. m. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittea. n. It is possible that the authorized structure may be damaged by wavewaeh from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the -United States liable for any such damage. o. This general permit does not authorize any structure or associated facility for nonwater-related use. p. Structures and their attendant utilities, authorized by this general permit, located on lands subiect to an easement in favor of the United States for the operation, maintenan 3, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW) will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the United Staten, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. -3- q. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7N.0208(b)(5). r. This general permit is not applicable to any work on Atlantic Ocean beaches. 2. General Conditions. a. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. b. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre -work condition. C. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. :.H d. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be a° conducted'in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTD's or less in all rivers not .,. designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTD''s or less in all saltwater classes and in all lakes and..- reservoirs, and 10 NTO''s or less in trout waters, are not considered significant. e. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. E. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C-.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C-.G.S. 113A-118), an Easement to Fill (N.C.G.s. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. g. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public. interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. -4- h. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. i. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. j. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in'tection 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion `-n the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). k. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. 1. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for ocessing an individual permit in accordance with 33 CFR 325 will be avail e. BY AUTHORITY OF THE SECRETARY OFlGeorc4ca' `. Ca a Colodel, Corps,,6f District Engineer 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 June 11. 1996 Ms. Lynn W. Eury 4109 City of Oaks Wynd Raleigh, NC 27612 Dear Sir: A '5�'r EDEHNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator cFAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer WSPROWW411 50% recycled/ 10% post -consumer paper r DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING R A) APPLICANT: Lynn Eury COUNTY: Carteret LOCATION OF PROJECT: 703 Front Street, Taylors Creek, in the Town of Beaufort DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 16, 1996 FIELD RECOMMENDATION: Attached - YES To Be Forwarded - N/A CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FIELD REPRESENTATIVE: Charles Pigott DISTRICT MANAGER B) DATE APPLICATION RECEIVED INR, PUBLIC NOTICE REC'D: tIX OFFICE: Morehead '-REC'D:$ IS71 -(,V DATE: S -Z Z - 9C ADJ. RIP. PROP NOTICES REC'D: EED REC'D: C � APPLICATION ASSIGNED TO: \.-)sue ON: C) 75 DAY DEADLINE: 7-f- 150 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: �- FED. COMMENTS REC'D: — PERMIT FINAL ACTION: ISSUE ✓ DENY DRAFT ON 6 y fC AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office 4- 3o- 116 Div. of Community Assistance I Land Quality Section / ✓� Div. of Env. Management �.- State Property Office 6 Div. of Archives & History `- N ` //�,� /.n C v'') rr� iht Vci64/ Div. of Env. Health Div. of Highways Wildlife Resources Commission �1 Div. of Water Resources Div. of Marine Fisheries IisIDiuC", Illlluii TO: JOHN PARKER FROM: CHARLES PIGOTT SUBJECT: COMMENTS ON APPLICATION BY LYNN 46JRY / CARTERET COUNTY DATE: April 29, 1996 I have no objections to the issuance of a permit with the following conditions: 1. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 2. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 3. 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. 4. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 5. 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 to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 726-7021 prior to 04 commencement of any such activity for this determination. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. cc: Preston Pate Jeff Richter, COE Charles Jones State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E), FEEH N F1 Roger N. Schecter, Director April 29, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lynn Eury Project Location: 703 Front Street, Taylors Creek, in the Town of Beaufort, PR VE8 MAY 22 I ft Q)AS[AL Proposed Project: to remove 1 finger pier, add a platform with a ramp leading to a floating dock, and construct 2 boat lifts Please indicate below your office's position or viewpoint on the proposed project and return this form by May 20, 1996. 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 office has no objection to the project as proposed. C r<v OF � 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. SIGNEDCeZ6&c, DATET7/yr6 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 TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Lynn Eury, Town of Beaufort, Carteret County DATE: May 17, 1996 Mr. Eury's property is located at 703 Front Street, adjacent Taylors Creek, in the Town of Beaufort, Carteret County. He proposes to expand an existing docking facility by removing one finger pier, adding a platform with a ramp leading to a floating dock and constructing 2 boat lifts. Areas of Environmental Concern (AECs) impacted by the proposed work include Estuarine Waters and Public Trust Areas. The waters of Taylors Creek at the site are classified as SC and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. 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. The project is also located in the Beaufort Historic District. Pages III-1 through III-3 of the Land Use Plan discuss the Land Classification System. The Town of Beaufort allows uses consistent with the 7H Use Standards in conservation classified Public Trust Areas and Estuarine Waters. The only local policy which exceeds the State's minimum standards prohibits floating structures in the Town's jurisdiction, and does not appear to be applicable to Mr. Eury's project. Resource Production and Management Policies for Marine Resource Areas (Page IV-7) repeat the Town's support for the 7H Use Standards for development in Estuarine Waters and Public Trust Areas. Cultural/Historic Resources (Page IV-4) state the Town's intentions to support and protect the Historic District and to coordinate projects in this area with the N.C. Division of Archives and History. Provided all state and local requirements can be satisfied, this project appears to be with the 1990 Town of Beaufort Land Use Plan. CC: Preston Pate Charles Jones Charles Pigott John Young 9�oclo 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: April 29, 1996 Mr. A. Preston Howard, P.E., Director Division of Environmental Management John R. Parker, Jr. Major Permits Processing Coordinator A �� • � ID FE F1 CAMA/DREDGE & FILL Permit Application Review 1171-T F`711 MAY Q 1 1996 DIVISION UIF COASTAL MANAGEMENT Applicant: Lynn Eury Project Location: 703 Front Street, Taylors Creek, in the Town of Beaufort, Carteret County Proposed Project: to remove 1 finger pier, add a platform with a ramp leading to a floating dock, and construct 2 boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 20, 1996. 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: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (� I I c V (� I , DATE- ec :i6km bo" w.R0 F;Iei P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #' Telephone 919-726-7021 FAX 919-247-3330 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer r1EOVED 1Y.6.1996 COASTAL State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM TO: John R. Parker, Jr. Major Permits Processing Coordinator FROM: P.A. Wojciechowski �. SUBJECT: CAMA/DREDGE & FILL Permit Application Lynn Eury A74 I�EHNF� 23 May 1996 Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 29, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator IDFEE HNF 1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lynn Eury o ���JlNou1 D APR Ices DMF-PUB. TRAUBLANDS Project Location: 703 Front Street, Taylors Creek, in the Town of Beaufort, Carteret County Proposed Project: to remove 1 fmger pier, add a platform with a ramp leading to a floating dock, and construct 2 boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 20, 1996. 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: v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. to the project for reasons described in the attached comments. SIGNED/' -- l� % DATE 1a J 9 R P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier Ml 1-12-09 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 May 10, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator 4FIol 40 EDE�HNFR CAMA/DREDGE & FILL Permit Application RECEI EO MAy 221996 COASTAL MANAGEMENT APPLICANT: Iy PROJECT LOCATION: 703 Front St., Taylors Cr., Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by May 31, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. '1` This agency objects to the project for reasons described in the attached comments. ll� Signed .i�: , (p&,4,l Lo� Date s-ei-4lc rltw�� May 21, 1993 P.O. Box 27687, ��FAX 919-733-1495 C An Equal Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 R7 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May i 5, 1996 TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries EDEHNFR MAY 1 6 1990 TUSUBLANDS FROM: John Parker "D tijAY/(/F Major Permits Processing Coordinator MACp,O1 19 SUBJECT: CAMA/Dredge and Fill Permit Application Review 6f 47- APPLICANT: L30NOW PROJECT LOCATION: 703 Front St., Taylors Creek, Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. s It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. %1fjs VAa a/oa/t A,-r Signed ='G% ��/� Date /7� w S af ��/S Got if 6kHiNo .T//c ��tT orFic� .!•✓D rleT0 .�� 7-0 G�o,•T 9i: �'Ec/J O/f!9 T1�i cj✓eir �i��,��� may. 4„1 sv �.Pd �d�recfim� E.tiu s �,°+6-6 oilrrm�y4eAP.O. Box 27687,FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%� An Equal Opportunity/AfflrmafNe Actlon Employer Voice 919-733-2293 ? 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources DMsion of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: May 31, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator 1DEHNR CAMA/DREDGE & FILL Permit Application Review APPLICANT: vnn W PROJECT LOCATION: 703 Front St., Taylors Cr., Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 31,1996. If you have any questions regarding the proposed project, please contact JoonTarker at 733-2293. When appropriate, in-depth comments with supporting data are requested,,.,, -- REPLY This agency has no objection to the project as prop MANAGEIAENT MAY 21 1996 COASrAL �r VZ This agency has no comment on the proposed project. krj� This agency approves of the project, only if the incorporated. See attached. This age n obj cts the project for reasons described in the attached comments. Signed Date P.O. Box 27687, ���FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N N C An Equal FAX Action Employer Voice 919-733-2293 9 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 /\ ' C) FEE HNF1 April 29, 1996 Ir MAY 01 1996 MEMORANDUM: DIVISIuN OF COASTAL MANAGEMENT TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lynn Eury Project Location: 703 Front Street, Taylors Creek, in the Town of Beaufort, Carteret County Proposed Project: to remove 1 finger pier, add a platform with a ramp leading to a floating dock, and construct 2 boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 20, 1996. 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. �\ vg6 REPLY: In agency has no objection to the project as proposed. �P This agency has no comment on the proposed project. -�Pvo�G�� This agency approves of the project only if the recomm incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 14SIGNED k, DATE P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 811-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 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 Iu1WrA[11:7:\►11110AA TO: FROM: SUBJECT: April 29, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator IL P WA IDEHNF1 CAMA/DREDGE & FILL Permit Application Review I� E7T U MAY Q 1 1996 J -J COASTAL MANAGEMENT Applicant: Lyvin Eury Project Location: 703 Front Street, Taylors Creek, in the Town of Beaufort, Carteret County Proposed Project: to remove 1 finger pier, add a platform with a ramp leading to a floating dock, and construct 2 boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return thi rm by May 20, 1996. If you have any questions regarding the proposed project, please contact Char * 726- 7021. When appropriate, in-depth comments with supporting data is requested. �o E�� a HJIAL MANAGEMENT REPLY: This agency has no objection to the project as proposed. %�29 This agency has no comment on the proposed project. 4 This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE P.O. Box 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 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: May 31, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration John Parker, Jr. Major Permits Processing Coordinator IDEHNFR CAMA/DREDGE & FILL Permit Application Review Lynn Eury PROJECT LOCATION: 703 Front St., Taylors Cr., Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. RECEIVED MAY 311996 COAS i MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 31, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. __%,Z This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. ( /� �en objects to the project for reasons described in the attached comments. Date Sot I C1 P.O. Box 27687, ���C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Mog An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 31, 1996 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator [DEHNFR CAMA/DREDGE & FILL Permit Application ARE E►VEa JU �pt�S1A196 �p��EF1EF1i APPLICANT: Lynn Eury PROJECT LOCATION: 703 Front St., Taylors Cr., Town of Beaufort, Carteret Co. PROPOSED PROJECT: To remove one finger pier, add a platform with a ramp, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 31,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed i ( Date P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 7 z 50% recycled/10°k post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lynn Eury 2. LOCATION OF PROJECT SITE: 703 Front Street, Taylors Creek, Town of Beaufort, Carteret County Photo Index - 1989: 1-7, E-14 1984: 33-1204, S-12 1995: 42-525, U-15 State Plane Coordinates - X: 2702100 Y: 359600 3. INVESTIGATION TYPE: CAMA only 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit 4-16-96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 4-16-96 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, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - none Planned - none (F) Type of Structures: Existing - 9 slip docking facility, bulkhead & platform Planned - 1 pier, 1 platform, 1 ramp, 1 floating dock, 2 boat lifts (G) Estimated Annual Rate of Erosion: 0' yr Source - bulkheaded (observed) 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands none ,. (B) Non -Vegetated Wetlands none (C) Other 706 ft.z open water (pier and boatlift footprint) (D) Total Area Disturbed: f 700 ft.2 (E) Primary. Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to remove one finger pier, add a platform with a ramp leading to a floating dock and construct 2 boat lifts. i� FIELD INVESTIGATION REPORT: LYNN EURY/CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's property is located at 703 Front Street, in the Town of Beaufort, Carteret County. The property is bordered on the south by Taylors Creek, on the north by Front Street and is bulkheaded. The property along Taylors Creek is approximately 120' long and is 98' deep. Existing on and adjacent to the property are 5 finger piers and 2 decks, one on high ground and the other over open water. The applicant received Major CAMA Permit #37-86 for the construction of a 12' x 12' deck over Public Trust Water and this work has been completed. The docking facility has 9 slips which are rented to the public. The typical boat using the facility is in the 20'-25' range. Waters at the project site are classified as SC and are closed to the harvesting of shellfish. Water depths at the project site range from 0' near the bulkhead to a -5' mean low water (MLW) near the end of the proposed floating pier. The project is located in the Town of Beaufort's Historic District. The applicant is proposing to remove the finger pier and 3 pilings on the east side of the property. A walkway, 8' long x 6' wide, would lead out from the bulkhead to a "L" shaped 12' long x 10' wide platform. A ramp, 13' long x 3' wide, would connect the platform to a 20' long x 10' wide floating dock. The floating dock would extend out beyond the existing docking area footprint by approximately 15'. A boat lift would be installed in the area where the finger pier was removed. Another uncovered boat lift would be installed in the slip on the west side of the adjacent finger pier. 10. ANTICIPATED IMPACTS: The project as proposed will result in the reconfiguration of existing boat slips and the placement of two uncovered boat lifts. The total amount of Public Trust Area impacted (shaded) would be approximately 700 ft.z One boat slip would be lost due to the construction of the deck and floating pier decreasing the number of boats using the facility to 8. The floating pier would extend out beyond the existing footprint by approximately 15' but would not be beyond the pier head alignment of adjacent riparian property owners. (CAMA Major Permit #59- 93 was issued to Mr. George Frazier to build a docking facility ± 170' beyond the bulkhead. The applicant is proposing to go out ± 150'.) The boat lift on the east side would be approximately 8' from the riparian property line but the neighbor has waived the 15' setback in writing. The total amount of platform or deck area would be approximately 524 ft. z PREPARED BY: Charles Pigott DATE: April 29, 1996 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management A74 James B. Hunt, Governor p FEE H N F� Jonathan B. Howes, Secretary Roger N. Schecter, Director April 29, 1996 Mr. Lynn W. Eury 4109 City of Oaks Wynd Raleigh, NC 27612 Dear Mr. Eury: The Division of Coastal Management hereby c o� wledges receipt of your application for State approval for development of your property located at 703 Front Street, Taylors Creek, in the Town of Beaufort, Carteret County. It was received on April 16, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is Jv46J,1996. An additional 75day review period is provided by law when such time is necessary to complete the review. a not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right -of --way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Cordially yours, Charles O. Pigott Field Representative COP/dh Enclosure cc: John Parker Charles S. Jones 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 Lynn W. Eury n Mr. Charles Pigott Division of Coastal Management PO Box 769 Morehead City, NC 28557 Dear Mr. Pigott: APR 19 1996 anow"nuaos•maendsi*4W** 4109 City of Oaks Wynd Raleigh, NC 27612 April 17, 1996 Enclosed is a copy of the deed to my water front property located at the 700 block of Front Street on Taylors Creek in Beaufort, N.C. This is a supplement to my permit application sent to you by letter dated April 12, 1996. Also enclosed are copies of the receipts showing that certified letters have been mailed to and received by the adjacent riparian property owners -- the Town of Beaufort and Mr. George Frazier. Copies of these letters were included in the application package that was sent to you on April 12, 1996. To the best of my knowledge this completes all items needed to complete the application. If you have questions I should either be in Raleigh at 919-787-6295 or in Beaufort at 728-2117 for the next several weeks. Sincerely,, ,KY W. Eur r� Enclosures: 1. Copy of property deed 2. Copies of certified mail receipts Lynn W. Eury 4109 City of Oaks Wynd Raleigh, NC 27612 April 12, 1996 Mr. Charles Pigott O7AFR r�I`u.;I :. Division of Coastal Management PO Box 769 Jn1619�Morehead City, NC 28557' Dear Mr. Pigott: Enclosed is an application ( including check for $250.00 for application fee) and associated drawings requesting a permit to remove a finger pier and construct a fixed dock, a floating dock, and two boat lifts on my property on Taylors Creek in Beaufort, N.C. Letters and copies of the application and associated drawings have been sent to adjacent riparian property owners by certified mail for comment. Copies of those letters are enclosed. Copies of the certified mailed receipts will be forwarded as soon as they are received. The property on the eastern boundary is owned by Mr. George Frazier and the property on the western boundary is the Grayden Paul Park owned by the Town of Beaufort. Mr. Frazier has already concurred in the construction of a boat lift within eight feet of his property line at the closest point. A copy of that document is also enclosed. A copy of the deed which was not on hand at the time of this mailing will be sent to under separate cover next week. The redesign of facilities results in reducing the number of boat slips from nine to eight and provides for the addition of two boat lifts, a stationary dock and a floating dock. The slips are leased for dockage of pleasure boats. The facilities have been designed to minimize platform space while considering effective utilization and safety. The fixed dock to be constructed is 10' x 12' or 120 square feet. The new floating dock is 10' x 20' or 200 square feet. An existing platform 12' x 16' 9" represents an additional 201 square feet. The total area of proposed and existing platform space will be approximately 521 square feet. I appreciate very much the help and guidance you have given me in preparing this application. If you have questions please call me. I should either be in Raleigh at 919-787-6295 or in Beaufort at 728-2117 most of the time for the next several weeks. Sincerely, (y.�'c ynn W. ury�. 1 Lynn W. Eury Enclosures: 1. Application 2. Check for application fee 3. Project drawings 4. Copy of letter to Town of Beaufort 5. Copy of letter to Mr. George Frazier 6. Copy of document signed by Mr. Frazier 2 Mr. John Young Town of Beaufort PO Box 390 Beaufort, NC 28516 Dear Mr. Young: 4109 City of Oaks Wynd Raleigh, NC 27612 April 12, 1996� m APR 16 19% r7rNNNNNf1fNNtY�� On February 20, 1996 I sent to you information regarding improvements to my water front property adjacent to Grayden Paul Park to which you kindly responded. The Division of Coastal Management has since determined that a major permit is required since a portion of the work extends farther into Taylors Creek than the existing pilings located on my property. The improvements will still not extend as far out in the creek as the town pier at the park. A major permit requires that adjacent riparian property owners be sent a copy of the permit application along with project drawings by certified mail for review and to allow comment. You will find these documents enclosed. If you have comments, they should be made within thirty days of receipt of this letter to: Mr. Charles O. Pigott Division of Coastal Management PO Box 769 Morehead City, NC 28557. If you have any questions call me at 919 787 6295 Sincerely Lynn W. Eury copy to: Mr. Charles O. Pigott 4109 City of Oaks Wynd Raleigh, NC 27612 April 12, 1996l� — Mr. George Frazier AFR 16 ink 705 Front Street 1J' Beaufort, NC 28516w.e�a�����a..����� Dear George, On February 20, 1996 I sent to you information regarding improvements to my water front property on Front Street to which you kindly responded. The Division of Coastal Management has since determined that a major permit is required since a portion of the work extends farther into Taylors Creek than the existing pilings located on my property. The improvements will still not extend as far out in the creek as the pilings at your dock. A major permit requires that adjacent riparian property owners be sent a copy of the permit application along with project drawings by certified mail for review and to allow comment. You will find these documents enclosed. If you have comments, they should be made within thirty days of receipt of this letter to: Mr. Charles O. Pigott Division of Coastal Management PO Box 769 Morehead City, NC 28557. If you have any questions call me at 919 787 6295 Sincerely Lynn W. Eury -VIcopy to: Mr. Charles O. Pigott I �YYGMYYAyYY � it PY�l0001 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/UNCOVERED BOAT LIFT) 1 hereby certily that I own property adjacent to hxntl.�Y..and_J=axe X_Es�Ly� property on the 700 block -of FrQnt-&Leet on Taylors -Creek in Beaufort, N.C. iie has described to me, as shown below, the development he is proposing at that location, and 1 have no objections to his proposal. I understand that a pier/uncovered boat liR nuist he set ha,:k a minimum distance of fifleen feet (15') from my area of riparian access tmless wai,: ed by me. I d.2Uvt wish to waive the setback requirement. 1 si9_ wish to waive the setback requirement DESCRIPTION AND/OR DRAWING OF PROI'O:;I.11 DIGS L1,01'NIENT Remove Nno fin,,cr pier located approximately Iwenly seven leet west of east properly tin•• ',,. ,!' ;•n • nro . rr• ! heal liR whose closest point to east property line is approximal-:! a lieed dock (approximately 10'x16') and a floating dock (appr'v: ^na' •I I n'• .M') conrnxted by a ramp. These docks are approximately nineteen Q.•i , : <' .,f i6• . a a hr,,; , ,1: line at the closestpoint. See attached drawing for details. Print or type name 'telephone number t' CUh,3 D1.11- v'.IC US Postal Service Receipt for Certified Mail Ho Insurance. Covpraae Provided. Do not use for International Mail (See reverse Seel to -l7tr JAN SueelA Number,� Y.+ fi0 &�, 350 resOf ice, Is AA l.I,P{.Dde _ rnslagn` 'gS{H.VA/ ced-d Fe(e''�� Sp rial Lf Y:iliF.. ` nri, ih rlivery Fee helmf,•y�}.�1iowing l p �= :A lum S�WlBBel'v Rrnpn Flrceipl9now� Dalr,1 AddImsee s A less TOTAL Pnslagq A Fees $ C^ POCImIDk nr 091n I P r86 006 453 Of, VoMal SPNICp Receipt for Certified Mail Pin Insufance Coverage Provided. Do not use [fir InlPmaliennl Ahil rC—.n --I Snnl Tr ')c -C'Or'("D Shear R rjumbel j Jy°st Vllicr, Stale, A ZIP Coda Posinge i 6mlifed Fee spnml Delivery nesldcled Derive Fe. / <� J g nelum Receipt SI wi g Whom A Dale Deli _ Relam Rrceipl showing 1 Dale. A Addressee's Address •� ,9 TO I'AL Poslege R Fees V r r Fe-4111 m Dal¢ m SENDER: •Complete items 1 and/or 2 for additional services. Core late it... 3, Aa, and 4b. 1 also WI51110 receive the m•/ N •Pdel your name and address on the reverse of this form so Thal we can return Ihis card to you. following services (for an extra fee): > v •Attach this form to the front Of the mailpiece, or on the back if space permit. does not 1. ❑ Addressee's Address y •Wdta'Relurn Receipt Requested',, the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the dale 2. ❑Restricted Delivery 0 0 delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number m S , - o i rr�''` iX'�"'k 4b. ervice Type 1q r�._ ❑ Registered B-L rtirted FU IxX L' ❑ Express Mail ❑ in, o quo,-{-� ❑F1 Receipt for Merchandise ❑ COD ¢ 7. Date of Delivery �(/ F5. Received By: (Pent Name) 8. ddrffssee's Address (Only if requested ¢ and lee is paid) g 6. Signatur : (Addressee or Agent) i T X ' / N PS Form 3811, Pecember 1994 m SENDER: 28516 •Complete items 1 and/or 2 for additional services. I also wish to receive the 0 •Complete items 3. 4a, and 4b. following services (for an m •Feel your name and address on the reverse of this form so that we can reline 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 m permit. m • Write'Reluen Receipt Requesled"on the mailpiece below the article number. 2" ❑ Restricted Delivery r •The Relum Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for lee. v 3. Article Addressed to: 4a. Article Number o �(-' I 46. Service Type m /C' i_ �ioi�� 5�yrcu� ❑ Registered Certified W 17 r r) ❑ Express Mail ❑ Insured p�U F etum Receipt for Merchandise ❑ COD ¢ G' y. of Delivery A�'f% 7 5. Received By: (Print Name) w .�.,; 8. Addr see Addr as (Only it requested Ic �I and 1 e is paid) g 6. Signat�(Addressee or Agent T Q PS F6rm 3811, Decenriber,111994 nnmpctic Roh rm Rore;..t APR 191996 ---..ca r-vo va�.�cnvn.c I II II I Postage B Fees Paid us PS Permit No. G-10 • Print your name, address, and ZIP Code in this box • /�L�ytr1 WL-vrL� L J,j V1(A aQ� � UNITED STATES POSTAL SERVICE First -Class Mail Postage 8 Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • tL1 c5 1 jr' L ►p 6, - V y 1— Oa �—s /k)C: 27k,hc 101 APR 19 1996 �,wew.+...a�..a•/ii�eew��wF -ti Det b go>r, � rQrACr. L'A4 rY cARTF:T2F�"•.t' av�.�l.\"1'�� �.. rn, f OLD -VOA N \ Nye W U U JQe.�. w�• w«N bknsS 80 L-T ._. .. ...__ TZ/w �ROt�T S'�'1ttE-l' Gowc• 6uL1:HfAp'f W ' 113 I i4 .r M i M 2 �llWa 4ULNMcao - w 0 6 7A�ILORS 0:EEK r I ceAU6y that on 5-/9 1953, 7 ,6uAveyed the pwpeATys own on this peat; that the 0opeAty Zinu and L4N.ta. W . i� U k Y eoea.t-ion o6 aee stAucta4es are accuA- ateey ehown hereon; that no ztAuctuu Located on this p4opeAty encAoaches on any adjacent 4ueet oA piopenty and 13EAUFotZT TWP. GARSC.IZr-T Cc� N•C, that no stAupl i e. on, adjacent paopeAty eneAoaehea o7 the.pieem.f scnLF. �%%_30, COLLIER SURVEY COMPANY " smveyed. DjATTy-A3 700 ARENDELL STREET P.O. BOX 3460 MOREHEAD CITY, NORTH CAROLINA 28557 a� R.L.S. FILI: OFFICE 919 726 1464 a. RESIDENCE 919 726 6030 TOLL FREE _1.800 682 4316 ANT) the GRANTOR does covenant that it is seized of said premises in fee simple and has the right to convey the same in fee simple; -that the same is free and clear of encumbrances, except as herein set forth; and that it will warrant and defend the said title to the same against the claims of a1L persons whomsoever. IN TESTIMONY WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written, (SEAL) Leslie G. Moore, Julia V. Moore STATE OF NORTH CAROLINA CARTERET COUNTY I, a Notary Public of the County and State aforesaid, certify that Leslie G. Moore and wife, Julia V. Moore personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp, or seal., this " /: 5' t day ofj , l; 1983. My Commission Expires: �,�`��\� S F0 s6o'""'� "- 7 S'PA'TF, OF NORTH CAROLINA p COUNTY OF CARTERET Fp C1'1` oT COUCOAI `A J The foregoing certificate"oELIL1111��j� i.s.cerLifi.ed to be correct. 'I'll is instrument was presented for regi.straLion and recorded in this office in Rook Wit Page This day of , 19_ at., o'clock _Pm.. REGISTER OF DEEDSI,A O)CE ul�3 (* '56LS- DEED APPROVED FOR REGISTRATION TAX PARCEL ASSIGNED JUL 151983 BI U 1`lt.it(` STATE OF NORTH CAROLINA APR 1 9 1996 ILJ Ij COUNTY OF CARTERET LZAV=UU .i TAX PARCFI NUMBER I1-711-1-17 'I'HIR DEF,D, made this 7� day ol��',1983, by and between: Leslie_ (:. Moore and wife, Julia, V. �Moore of. Carteret County, North Carolina hereinafter, whether one or more persons, a corporation or partnership, referred to as the GRANTOR, and: Lynn-W. Fury and wife, Fave Y. Eur.y of 4604 Woodridge Drive, Raleigh, North Carolina hereinafter, whether one or more persons, a corporation or partnership, referred to as the GRANTER (it being fully understood and agreed that any Pronoun or other word used herein shall be construed as singular or plural, and of the masculine, feminine or neuter gender, as the context may indicate or require); W I T N E S S E T 11: That the GRANTOR, in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other valuable considerations to it paid by the GRANTEE, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey to the GRANTEE, its heirs, or successors, and assigns, that certain tract or parcel of land ri ii ;', r--5 situate in the COUNTY OFCARTERET, STATE OF NORTH CAROLIMA, and more particularly described as follows: r f111�\` IN TITE 'TOWNSH 1 P OF: BEAUFORT ��•' Lying on the east side of Pollock Street in the Town of Beaufort, and beginning, at a copper bolt set in concrete, the same being the northwest corner of. the 11. S. Post Office property, which concrete y.....1 monument is on the east side of Pollock Street 150 feet from the c"•Id! I�.. •• northeast corner of the intersection of Front and Pollock Streets and 1..Yh IIII� runs with the east line of Pollock Street North 33-37 East 88 feet to an q - iron stake in the south line of an alley; thence with the South line of the alley South 56-23 East 101..5 feet to an iron stake, then south 33-37 West 88 feet to an iron stake in the north line of 11. S. Post Office aunn,;I property, thence with the north line of the 11. S. Post Office property )jIaj(`VI North 56-23 West 101.5 feet to the BEGINNING; Being part of that certain lot described in Deed dated March L2, 1937, registered March 1.5, 1937,.Book 8.1, page .514, Carteret County Registry. For further title reference, see Deed Book 98, Page 198, Carteret County Registry and Deed Book 106, Page .573, Carteret County Registry. TO HAVE AND TO HOLD said tract or parcel of land and all privileges and appurtenances thereunto belonging or in any way appertaining to the said GRANTER, its heirs or successors, and assigns forever. PREPARED BY: JOHN P. SIMPSON ATTORNEY AT LAW P.O. BOR 360 BEAUFORT. N.C. 20010'03B0 PHONE 19191 720-5004 J AND the GRANTOR does covenant that it is seized of said premises in fee simple and has the right to convey the same in fee simple; that the same is free and clear of encumbrances, except as herein set forth; and that it will warrant and defend the said title to the same against the claims of all persons whomsoever. ' This conveyance is made subject to easements, streets, alleys, public roads, highways, rai.Lroads, pi.pe]ines, public oti.li.ti.es,.and other matters of record in that deed recorded in Deed Ronk 147, Page 383, Carteret County Registry. This deed is conveyed with the Grantor retaining a lifetime right, personal to the Grantor only and not transferrable except to the Grantee, in and to the existing. easternmost slip of the docks currently connected to the subject property located upon Taylor's Creek in Beaufort, North Carolina with the appurtenant right for access for ingress and egress to said slip from Front Street, Beaufort., North Carolina. IN TF,STTMONY WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. 'Z�/`� DEED APPROVED FOR REGISTRATION Leslie(SEAL) eslie G. Moore TAX PARCEL ASSIGNED , Qeyi.QEAL) ulia V. Moore STATEOF NORTH f,AROLINA JUL 151983 CARTERET COUNTY T, a Notary Public of: the County and State aforesaid, certify that Leslie G. Moore and wife, ,TuLia V. Moore personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this j5 /t day of ..%9 -._ 1983. 1 My Commission Expires: 0�\p S. V0""SC. y ` O1-1 CP l/ A0 A61j STATE OF NORTH CAR0LINA =95 'UpLI(- is COUNTY OF CARTERET S�'AF e� ",Frcon�\ '�L- p �,, ) The foregoing certiIfi.cate�ifbn,nu"`� �C �Q 40 is certified to be. correct. This instrument was /presented for registration and recorded in this office in Roolc "' a paF This �j r day of ].9 at�•. o'clock PM. REGISTER OF DEED. Ii i� Au u 5- * '-�w STATE. OF NORTH CAROLI.NA COUNTY OF CARTERET TAX PARCEL. NUMBER 11-7H-10-tO WARRANTY DEED WITH RESERVATION OF LIFE ESTATE IN PORTION OF PROPERTY THIS DEED, made this 15th day of July, 1983, by and between: Leslie G. Moore and wife, Jnl.i.a V. Moore of Carteret County, North Carolina hereinafter, whether one or more persons, a corporation or partnership, referred to as the GRANTOR, and: Lynn W. Eury and wi.fe'Me Y. Eury of 004 Woodridge Drive, Raleigh, North Carolina hereinafter, whether one or more persons, a corporation or partnership, referred to as the GRANTEE (it being fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural, and of the masculine, feminine or neuter gender, as the context may indicate or require); W I T N E S S F. T H: That the GRANTOR, in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other valuable considerations to it paid by the GRANTEE, I'll'I�IIII he receipt of which is hereby acknowledged, has bargained and sold, and by ell here presents does hereby grant, bargain, sell and convey to the GRANTEE, $ krn is heirs, or successors, and assigns, that certain tract or parcel of land LIL ituate in the COUNTY OF CARTF,RR'T, STATE. OF NORTH CAROL[NA, and more Irl I!A: m articularly described as follows: �. y:.. ) IN THE 'TOWNSHIP OF: RF.AUFORT a a Lying and being in the Town of Beaufort, North Carolina and being the 40 whole of Water L;amodoii* and the west 54' of Water Lo't'=-i1A, New Town, tl '@'.gJ11�� according to the "official" map or plat of the Town of Beaufort, said Z lot and part of lot having a frontage of 120' on Front Street in Beaufort, North Carolina with a depth of 132' , and being the same land fi f 9 S II conveyed to Polly Moore by deed recorded in Book 147, Page 383, Office of the Register of Deeds of Carteret County, North Carolina. For xum"' title th furer e reference see Deed Book 220 Page 104 Carteret Count lA„94NV0 . g - Y Registry. Grantor retains a life estate and lifetime right for access to and the use of the easternmost slip of the currently existing docks located on Taylor's Creek and attached to the above described property for the personal use of the Grantor. Grantor is responsible for all maintenance, repairs, and upkeep of the boat slip and adjoining dock. This life estate is personal to the Grantor and may not be transferred to any other person, party, or entity other than the Grantee herein. TO HAVE. AND TO HOLD said tract or parcel of land and all privileges and appurtenances thereunto belonging or in any way appertaining to the said PREPARED BY! GRANTEE, its heirs successors, and assigns forever. JO P. S M SO V /�A ,// 'or / ATTORNEY TO N Y AT LAWN T�����LLL v(o� iii���-- P.O. !O% 369 •EAUIORT. N.C. Revs else PHONE 10191 720 5004