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HomeMy WebLinkAbout3-96 Louis Moore BaconPermit Class PermitNumber STATE Department of Env g Major Dev( purstrant to X Excavation and/or Resources Concern Qa�aro� v; pusant to NCGS 113-229 -Issued-to Louis Moore Bacon, c/o 2200 White Oak -Road, -Raleigh, NC 27608 authorizing development in Lane New Hanover County at Bank's Channel, at Figure 8 Island, #1 Beach Bay , as requested in the permittee's application dated 10/20/95 including attached work plan drawings 2 plan view and cross section dated received 10/19/95. This permit, issued on _ 44Ar , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bulkhead must be constructed prior to any backfilling activities. 2) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 4) The fill material will be clean and free of any pollutants, except in trace quantities. (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 r N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemrittee Permit Class Permit Number STATE ORNORT�i_CAROLINA Department of Environmeut'#iealth &Natural Resources g Major DevelopmenCiir'an Area oFEnviipiimental Concern pursuant to NCGS 10A`118 g Excavation and/or filling'ptirsiiant to NCGS 113-229 authorizing development in New Hanover County at Bank's Channel, at Figure 8 Island, #1 Beach Bay Lane as requested in the permittee's application dated 10/20/95 including attached work plan drawings 2 plan view and cross section dated received 10/19/95 This permit, issued on �9� is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bulkhead must be constructed prior to any backfilling activities. 2) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. . 3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 4) The fill material will be clean and free of any pollutants, except in trace quantities. (See attached sheet for Additional Conditions) This permit action may be appealed by the pemtittee 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 r N. Schecter, Director A° r Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Louis Moore Bacon Permit #3-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No excavated or fill material will be places at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plans. NOTE: The Division of Environmental Management authorized this project on December 14, 1995 under General Water Quality Certification No. 2733. Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT a. Landowner: Name "L':%S OrUozccc Address c. Street address or second road number �n£ d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No e. Name of body of water nearest project (e.g+ river, City t C:e� State creek, sound, bay) M \tom S Zip f, "ay Phone I Cl)A Fax OCT 1 999P ESCRIPTION AND PLANNED USE DIVISION OF OF PROPOSED PROJECT b. Authorized Agent: OASTAL MANAGFMEINT Name ;F-_ E�vzz�Ek �Se. Address Z W\AZ>IAA St City UYL,SMsi-AE \>CaA\State '\ -c— Zip Z 141&0 Day Phone Ol\'O -25.-3OV- Fax c. Project name (if any) '(, A NOTE: Perndt *Q be isjwd in mw of lardo r(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County (\q-L,) \AkNC f.D- a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. s3l��ch¢ ab. b. Is the proposed activity maintenance of an existing project, new work, or both? (\Eu) u?oQK c. Will the project be for public, private or commercial use?;.9lJTE d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. ` I-L �n Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 20p b. Size of individual lot(s) SAr^e-- c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and textures of tract e. Vegetation on tract 5 V_ A (l AXN,-, f. Man-made features now on tract 7�0AI_ What is the CAMA Land Use Plan land classification of the site? (Cansuk the local land a e plan.) —AZConservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i�Sl3� i. Is the proposed prect consistent with the applicable zoning? Yes No (Aaach zoning conpliance cerrifinwe, if applicable) j• Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes L— No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or elig�i e property? Yes 1/ No I. Are there wetlands on lte? ✓ Yes _ No Coastal (marsh) Other 4 04 If yes, has a delineation been conducted? +_ (Anach documenmeon, if available) m. Describe existing wastewater treatment facilities. 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.) 4U o Gacf_ a:F o. Describe existing drinking water supply source. Cn v*1h D - nnr.T 1 1 �gg5 5. ADDITIONALFINFORMATION -6, 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 71.0203 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 5. CZW AGE \ SS Address -.2, , fox (\ - Phone CI ki - 13n A(o4S 2-7 577 Name Address Phone Name Address Phone 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. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the s x 243aC' project. , � ,j I furtfier[ify that the information provided in this J- rT applicaritq is truthful to the best of my knowledge. T1919M lh- E6AD, \4OIe-- Es .7t- DIVISIUN IYAS is the;QC-)_day of cue, 199-iL. • A list of previous state or federal permit$�3{kVd fQLr MANAGEMENT work on the project tract. Include permit numbers, permittee, and issuing dates. �\oell it • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Print Name hAy Signature - [mdowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 Y t EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth z�. .. OCT 19 1995 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type oPshoreline stabilization V/ Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 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 I,ow:w[II excavated or fill material be kept on site e. Shoreline erosion during eding 12 mon (C lutland'erosion controlled? C�dz k-)2 � KI 1nc �>kkc�D (Source of information) OCT 19 f. F Type of bulkhead or riprap material IVISION OF ul oaA\ r. s7 AL MA NA 1,;,1Iie- of construction equipment will be used (for example, dragline, backhoe, or hydraulic Amount of fill in cubic yards to be placed t1) dredge)? W PTI"DS (1) Riprap (2) Bulkhead backfill h. Type of fill material 5 cJ c-, -v:> i. Source of fill material "PS` - 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No c. Will wetlands be crossed in transports g equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. APplicant or �`' Project vb c � Signature Date Revised 03/95 LOT 11 SECTION 1 RK. M6 11 Rp 12 / WKIII / / / / s WW THE rl6 EAdiT ISLAND CO o \ 1111) Ip I . I• � (1) l \ II) R xPTtlxb• V H S ib./ / / / / / / t / / l TOO eMllimYW:•A- Oft. / Tow xr.. e a Let. - faaxx sv re P w xc l Mx.xx // OCT 19 1995 I / / DIVISION OF COASTAL MANAGEMENT I / / CH.1'x " E R.so.oa / LEGEND R� O.W 32•DD'xD' E \ / AREA Kc • I04 so rt / l9! At .. M/lanbe NpW MO X H>•KII•'aX•• EY YIRJlXCJ-a. NVa!I /KL 1 X E MbNP X-a ` wlm• Y IM, X-! w.•v mw X. X•. X CM747• V TLW`I X E -Pr E .Yx' rti {� • Y log ) I X-. X 12•bL• Y NYV X-T [X X-T X M'AN v NJI• X� is IN,i 4•i rier i 4ieoaT m ll' 11 �. 1PlIl LL 1L�illWi111� _ cr i M Twl E 7W, En / v : erlxvx• E mTr m—W CAA cxx�MN, < s•w• vetlond survey I of / Ilxa MrLPXva.0 .EXAxT/.S A4 AXUL a .e'IlA/.oL X•/!A ! Lots(,.3$ seetM J3 y / ?QLARD PCm[xYI m .fiCIICW MI C' II! CLAM •XIR 4W9 Glen Arbor ONvt / u+ov Pa A PE1M]T nOI m a®a �nU xus nav / nua a2 na crmXwXnw etT Xnoc ulEm1e x ViYnNgtorL Month CorolMR PBI0.5 / lws mws "''me`.uA,o mLLAXw Nuwu. HOBBS SURVEYING COMPANYI INC / o•.• w u..w.. axx• Mm xomXMmis twnn _ nmx .m In It, Cjp 1 OCT 19 1995 D DIVISION OF COAST AL MANAGEMENT CA? V-GYOJvs 6NS7+�r mm® routs f^, 3AcOn �ulkhe kk l 2�EAch Say Cor�t�e A+�+o= TyP. — zaa-Dr. of \okkr .rwo, . I� A X\ z.,CcA J,\\ mow& ��•��`v State of North Carolina Department of Environment, Health and Natural Resources x 4 • Division of Coastal Management _ James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary Roger N. Schecter, Director January, 9, 1996 Mr. Louis Moore Bacon c/o 2200 White Oak Road -------- aleigh—, —NC-s--27608-------- ---- ------ Rale 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 ryith 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, s Jo R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Louis Moore Bacon 2. LOCATION OF PROJECT SITE: Adjacent to a man-made canal off of Bank's Channel at #1 Beach Bay Lane, Figure 8 Island, Wilmington, NC 28405 Photo Index - 1989: 176-14; gr. L-7 1984: 19-282; gr. F-20 State Plane Coordinates - X: 2381400 Y: 190850 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/25/95; 10/24/95 Was Applicant Present - Yes; No 5. PROCESSING PROCEDURE: Application Received - 10/19/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Soartina au tens,Borrichia frutescens 504 sf (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: 504 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to fill approximately 504 square feet of mixed high marsh in order to achieve a more desirable bulkhead alignment. A 'Y Louis Moore Bacon Page 2 9. PROJECT DESCRIPTION 10/25/95 Figure 8 Island is the first barrier island north of Wrightsville Beach in New Hanover County. This is a private island developed residentially with the exception of the community marina and clubhouse. The project site lies adjacent to the first lagoon to the south of the causeway. The site, #1 Beach Bay Lane is a vacant lot with a sand and shell substrate (created in part by the original excavation of this basin), vegetated predominantly with Sea Oats. Snartina alterniflora borders the property at the basin, and Spartma patens and Borrichia frutescens extend deep into the lot. Bank's Channel is classified SA-ORW by the Division of Environmental Management; the area is designated Primary Nursery by the Division of Marine Fisheries, and is open to the taking of shellfish. The New Hanover County Land Use Plan classifies the area as Conservation. The applicant had a joint "404" and coastal wetland line delineated by the US Army Corps of Engineers and the Division of Coastal Management. This line was surveyed for lots 1, 3, and 5. At the southeast side of lot 1, there is a wetland finger extending approximately 42' into the property. This finger averages 12' in width. This high marsh area has crab holes scattered sporadically through it. The three property owners have jointly received a General Permit (#13283-D) for a bulkhead to be constructed along the delineated wetland line. The individual application addressed in this report is submitted by the owner of lot 1 requesting to continue the bulkhead across the wetland finger rather than around it. The bulkhead wall requested is 16' in length, and removes from jurisdiction approximately 504 square feet of mixed high marsh. The wall is expected to be constructed 3' above substrate level, and the backfill graded to meet the existing lot elevation. Approximately 37 cubic yards of fill material purchased from a high ground source are anticipated to be used. The new wall would tie into the existing bulkhead to the south. 10. - ANTICIPATED IMPACTS The project as proposed would fill and remove from jurisdiction approximately 504 square feet of mixed high marsh. The adjacent high ground disturbance has been addressed under the General Permit already issued. Submitted by: T. Barrett Date: 10/26/95 Office: Wilmington State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Louis Moore Bacon c/o Mr. Zack Bacon, Jr. 2200 White Oak Road Raleigh, N.C. 27608 Dear Mr. Bacon: �EHNF� December 14, 1995 New Hanover County DEM Project # 951168 You have our approval to place fill material in 504 square feet of waters for the purpose of achieving a more desirable bulkhead alignment at #1 Beach Bay Lane, Figure 8 Island, as you described in your application dated 20 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2733. This certification allows you to use Nationwide Permit Number 18 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must -act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Mr. John Parker, DCM 951168.1tr P.O. Box 29536, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Louis Moore Bacon COUNTY: New Hanover County 9E C) LOCATION OF PROJECT: Adj to a man-made canal off of Banks Channel at Nl Beach Bay Lane, Figure 8 Island, Wilmington, NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/19/95 R�CC\V 199y FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No cc NAgq MENZ CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - FIELD REPRESENTATIVE: Tere Barrett DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN SIGH: FEE REC'D: $ PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED1 REC'D: APPLICATION ASSIGNED TO: ON: 75 DAY DEADLINE: L 1150 DAY DEADLINE: _ MAIL OUT DATE: fl - & - � ) STATE DUE DATE: 1 .4- oZ'% - 'F ( FEDERAL DUE DATE: FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways �A _ Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries J S� Recommendations for State Permit - Louis Moore Bacon T15A: 071i .0208 (b)(7)(B) states that bulkheads must be constructed landward of significant marshland or marsbgrass fringes. The crab holes throughout this area are sparse, and there is very little wrack present. This would indicate a limited interaction with the estuarine system. The marsh exists on a relatively young substrate formed during spoil placement in the early 1970's. For these reasons, I would not consider that the limited amount of marsh to be filled offers a high level of significance. Constructing a bulkhead around the forger of wetlands would add 86' to the length of the wall. The alternative of avoiding filling the finger by continuing the wall landward until it connects to the adjacent wingwall would leave an angle of approximately 30' at the juncture. History has shown that a configuration such as this tends to encourage the accretion of sand which would probably remove the area from wetland jurisdiction, or cause a destructive water pattern between the walls and undercut the adjacent wetlands. Because of the above, I recommend the approval of this permit. I believe this is an ideal opportunity for mitigation. Re -alignment of the wall from the north property line directly to the point where the authorized wetland fill begins would leave approximately 500 square feet of high ground on the waterward side of the bulkhead wall. This area is only slightly above wetland elevation currently, and could easily be brought to adjacent wetland grade. I recommend the following conditions be placed on the permit: 1) The bulkhead must be constructed prior to any backfilling activities. 2) The bulkhead must be structurally tight so, as to prevent seepage of backfill materials through the structure. 3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 4) The fill material will be clean and free of any pollutants, except in trace quantities. 1cta1 prods.^*.. •• oaanir materials oramsl y debits will net-b&ameil._ \\ 5) 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). 6) To mitigate for the loss of wetlands to be incurred by this permit, the northern 58' of the wall authorized under General Permit #13283-D must be re -aligned. From the north property line, this new alignment would extend directly to the first point where the wetland fill addressed in this application begins. This would extend approximately 45'. The high ground remaining on the marsh side of the wall must be excavated to the grade of the adjacent wetlands. Spoil generated from this must be deposited on high ground. /yllOU-20-1995 13:13 FROM ERP WILM REG OFFICE VI 111VIL11 %109U1111d e'Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James E. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roper N. Schecter, Director _ a �jS NDU _ TO: .. %OM; SUBJE, Ur, Applic.:,_ I<'A Ujet'' October 30, 1995 =i S 919-733-14SE n 'Lod D, Bruner, Disttie Division of Coastal Ma John R. Parker Major Permits Processi CAMAIDREDGE & FILL Permit Application Review a-)uis Moore Bacon Adjacent to a man-made canal off of Bank's Channel at #1 Leach Bay Lane, Figure 8 Island, 'Wilmington, NC in New Hanover County Proposed Projed: To fill approximately 504 square feet of mixed high marsh in order to achieve a more desirable bulkhead alignment Please indicate below your office's position or viewpoint on the proposed project and mulrn this fornm by Novenmbar 20, 1995. If you have any questions regarding the proposed project, pleas, .;t -ntact Tere Barrett at 910/395-3900. When appropriate, in-depth corwnents with supporting data is cquested. REPLY: fitis office has no objection to the project as proposed. _ 1-his office has no comment on the proposed project. This office approves of the project only if the recommended change,. incorporated. See attached. SIGNED This office objects to the project for reasons described in the attached comments. DATE 127 Cardinal Drive Extension, Wilmington, N.G. 28405-3845 6 Telephone 910.395.3900 o rax 91U '.i0-lG.'1 An Equal Opportunity Affirmative Action Employer ldO(,J-20-1995 13:14 FPOM EH1P WIU-1 REG OFFICE TO AIKAWA NI :a MEMORAND TO: John R. Parker . Major Permits Processing Coordinator FROM: Zo6 A. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Louis Moore Bacon, Figure 8 Island, NIIC DA E: November 20, 1995 8-919-733-149= P.02 1111is permit consistency opinion is based on my review of the Bacon permit application, the Meld Investigation Report (T.Barrett, 10/26/95), and my understanding and interpretation of the policies presented in the Wilmitleton/New Ilanover County 1AUd Uce Plan_, r The applicant proposes to fill a 504 square foot "finger" of mixed high marsh in order to a achieve a more desirable bulkhead alignment on his residential lot. The location and complete description of the project are in; the Field Investigation Report. LAND USE •CLASSIFICATION: Conservation Generally, estuarine areas of environmental concern (AEC's), as defined by the State of North Carolina, and adjacent lands aithia the 100-year floodplain have been classified as Cons,rvation. Conservation areas should be preserved in their natural state. Woodland, grassland and recreation areas not requiring filling are the most appropriate cues. Exceptions to this standard are limited to water-ependont uses (i.e., uses that cannot P.aactim elsewhere), shared industrial access corridors, and those exceptional development proposals which are sensitively designed so as to effectively preserve the natural functions of the, Site. The following guidelines clarify tbeso Conservation area objeetivos: ...(3). )rxccntional devetonmots_oreserving natural features are projects which are sensitively designed so as to barmoaize with the site's natural features. Such projects minimize erosion, impervious surfaces, runoff and siltation; do not adversely impact estuarine resources; do not interfere with access to or use of navigable waters; do not require extraordinary public expenditures for maintenance; ensure that ground absorption sewage systems, if used, meet applicable standards; and do not damage historic, architectural. or archeological resources. RELATED POLICIES AND IMPLEMENTATION MEASURES: 1.1(4) SHORELINE EROSION CONTROL AND CHANNEL MAINTENANCE PROTECTS SHALL BE SUPPORTED ONLY WHERE: a. No significant adverse impacts will occur on shoreline dynamics; b. Significant economic or recrestional benefits will occur for planning area residents; and C. The public shoreline will be the primary beaeftoiary in erosion control projects. 1.10) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISIIWG IN ALL SA 'WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMBRLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. 1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALT. BE PROI-ABITED Fkom USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT ADVERSE RvPACT TO THE NATURAL FUNCTION OF THESE AREAS. 1.2(14) BULIaMAD CONSTRUCTION ALONG OUR MARSH WETLANDS SHALL CONL°LY WITH ALLSTATE Ahr'�. FEDERAL REGULATIONS. NOO-1-0-1995 13:15 FROM EHNR WILM F,'EG OFFICE TO P.03 Page Two Bacon Consistency November 20, 1995 CONSISTENCY OPINION: The issuance of a permit for fill of wetland adjacent to SA-ORW, primary nursery, open shellfish waters prior to construction, and for the sole purpose of development would be inconsistent with the Land Use Plan unless it is accompanied by "exceptional development" in the Land Classification guidelines (see #3, above). The fill resulting from this bulkhead project will be consistent with the Land Use Plan if it is clear that no adverse impacts will occur to shoreline dynamics and that the public shoreline will be the beneficiary of this project. It should also be documented that this project will not adversely impact shellfish areas, primary nursery areas and/or the natural function of the estuarine area during and after construction. Finally, this project must comply with all state and federal regulations. All recommendations made by other reviewing agencies and all conditions placed on the CAMA permit (if .issued) must be followed. M CR Stroud Jr T. Barrett D. Hayes TOTAL P.O-- 10SI ate of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor d Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: APPLICANT: PROJECT LOCATION: PROPOSED PROJECT: November 6, 1995 A A14 J;o - *AMMMM� EDOFEE HNR NOV 1995 D!V OF ENVIR0h/nEpr*, Ms. Linda Sewall, "" L hE4CTy Director Division of Environmental Health 4011 - U John Parker, Jr. `LI Major Permits Processing Coordinak OFENV/R0 N4,,,, CAMA/DREDGE & FILL Permit Application Revi tr# Louis Moore Bacon #1 Beach Bay Lane, Figure 8 Island, New Hanover Co. To fill mixed high marsh for bulkhead alignment. Please indicate below your agency's position or viewpoint on the proposed project and return this form b; i_ooember;27, l995. W 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 re omme 4 C ch �mcprporated. See attached.LJ �Cf%1���1.0 TTuu-���j �j9c' rras This agency objects to the projec or reasons descn a n�� attached comments. /9 Zf� e" Signed �f� LZ'0 6 �/ Date / I /Zo AI P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmolive Action Employer 50%recycled/ 10%post-consumer paper 4W North Carolina Department of Environment, Health and Natural Resoures Wilmington Regional OfficeDivision of Coastal Managemr pJames B. Hunt, Jr., Governor N p E H N F1 Jonathan B. Howes, SecretaryRoger N. Schecter, Directorcu� October 3Q 1995 MEMORANDUM: RECEIVED NOV 3 iS95 TO: Ann Hines, LPO New Hanover County D �� FROM: John R. Parker D Major Permits Processing Coordinator NOV 0 9 1995 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DIVISION OF COASTAL MANAGEMENT Applicant: Louis Moore Bacon Project Location: Adjacent to a man-made canal off of Bank's Channel at #1 Beach Bay Lane, Figure 8 Island, Wilmington, NC in New Hanover County Proposed Project: To fill approximately 504 square feet of mixed high marsh in order to achieve a more desirable bulkhead alignment Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 20, 1995. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: � This 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 " s-1 d� �s • 1 I SIGNED DATE I / �i 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer "e- 14 '-15 14:2i _ >' State of North Carolina Department of Environment. Health and Natural Resource Dvision of Environmentoi Mona;).. James B. Hunt, Jr„ Governor Jonathon B Howes. Secretcry A Preston Howard, Jr., P.E., Director: APPROVAL. of 401 Water Mr. Louis Moore Bacon c/o Mr. Zack Bacon, r. 2200 White Oak Road Raleigh, N.C. 27608 Dear Mr. Bacon: i Quality Certification N ou 1, ice our approval to place fill mateni ycho ri ig i more desirable bulkhead alignment, deg,, `xtd in your application dated 20 October' decided that thus fill is covered by Getteral W at� ,'taws you to use Nationwide Permit Number li This approval is only valid for the putpos � ,)u chairge your project, you must notify us a For tb1� apt roval to be valid, you must follow addiii ri. \ou should gef airy other federal, star 1� jg4*4PA �� HNR eember 14. 95 Hanover eunty DEb1 Project # 951168 in 504 square feet of waters for the purpose of at Nl Beach Bay Lane, Figure d, as you 1995. After reviewing your ap rhea ' , we have r Quality Certification Numbe 2733. his certification 8 when it is issued by the Corpof E ers. nd adesign that you described in r application. It you may be required to send us a new application. to conditions listed in the attached certification In or local permits before you go ahead with your 11 • : a do not accept any of the conditions pf this certification, you may ask for an adjudicatory You must act within 60 days of the date that you receive this letter. To ask for a hearing, written petition which conforms to Chapter 150B of the North Carolina Gencral Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its condipons are final and binding unless you ask for a hearing. This letter completes the review of the Diviision of Environmental Management under Section --, rl of the Clean Water Act. If you have any questi6ns, please teleptume John Dorney at 919-733-176o. Sipgewly,_ Attachment 'e: Wilmington District Corps of Engineei Corps of Engineers- Wilmington Field Wilmington DF'�t Regional Office Mr. John Domey Central Files, Mr. John Parker, DCM P 0. Box 29535 Raleigh, North Carolina:27626-0535 A,, equal 6V, -_ _rt,✓iity Affw m alive A,. tion Emp!oyar 95116s.hr Telephone 919 733-7015 FAX 919-733-2G96 60%focyded' 10%p.44. =orvmorpopet To: John Domey Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON*9— WQ SUPERVISOR: ADKINS -4 DATE: December 12, 1995 'sTLAND INFORMATION FOR CENTRAL OFFICE TRACKIN D fC 12 �713�(�\ PERMIT YR: 95 PERMIT NO.: 951168 COUNTY: New Hanove PROJECT NAME: Loius Moore Bacon PROJECT TYPE: Bulkhead PERMIT TYPE. CAMA DEC 14 1995 COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: October 30, 1995 D I V I S 10 N O F REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 COASTAL MANAGEMENT *STREAM OR ADJACENT WATER BODY: Middle Sound CLASS: SA ORW STREAM INDEX #: 18-87-21 *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: SM WL REQUESTED: 0.01 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SBEET ATTACHED?: No RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant is proposing to fill approximately 504 sq. ft. of mixed high marsh vegetation. WATER OVA'LITY ERT. 401 CERT. R Q'D: Yes IF YE TYPE General Certificat #2733 f r Minor Discharges. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 504 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A rage 1'wo MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: October 30, 1995 Mr. Charles Gardner, Director Division of Land Resources A F15WA IDFEE HNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Louis Moore Bacon '�t't'�3 19g5 N�CjMpNp E�EN1 Adjacent to a man-made canal off of Bank's Channel at #1 Beach Bay Lane, Figure 8 Island, Wilmington, NC in New Hanover County Proposed Project: To fill approximately 504 square feet of mixed high marsh in order to achieve a more desirable bulkhead alignment Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 20, 1995. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: 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 Q C is 127 Cardinal Drive Exten ilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director KLFWA 4*i**A 5EHNFi October 30, 1995 MEMORANDUM: 11 TO: Mr. William A. McNeil, Director C� CE�VE� Division of Community Assistance Ag9 E 5 to NOv�ppS�pENj FROM: John R. Parker MpNPr,EM Major Permits Processing Coordinator 9 SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Louis Moore Bacon Project Location: Adjacent to a man-made canal off of Bank's Channel at #1 Beach Bay Lane, Figure 8 Island, Wilmington, NC in New Hanover County Proposed Project: To fill approximately 504 square feet of mixed high marsh in order to achievee a more desirable bulkhead alignment Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 20, 1995. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: 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 AA DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director November 6 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator A74 E:)EHNF1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Louis Moore Bacon PROJECT LOCATION: #1 Beach Bay Lane, Figure 8 Island, New Hanover Co. PROPOSED PR04ECT: To fill mixed high ground for bulkhead alignment. RECtiVED NOV 201995 COASTAL MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27 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. v 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. agency objects to the project for reasons described in the Signed Date AC 9 P.O. Box 27687, Raleigh, North Ccrolino 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 3. 1995 /, •: • E:>EHNF1 ^ 140 1995 MEMORANDUM �a In I•:<CiFIMED d Habitat ,n Gaahas TO: Mr. Charles R. Fullwood, Jr., Director � Wildlife Resources Commission Attn: Habitat Conservation Program F61 QZ.La9l FROM: John Parker, Jr. Major Permits Processing Coordinator r,004 SUBJECT: CAMA/DREEDDGE & FILL Permit Application Review APPLICANT: Louis Moos@ Bacon OASIAL PROJECT LOCATION: #1 Beach Bay Lane, Figure 8 Island, New Hanover C ROPOSED PROJECT: To fill mixed high marsh for bulkhead alignment. Please indicate below your agency's position or viewpoint on the proposed and return this form by November 27, 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 /7 Date %� �f qV-- plc. wrc.o�rr-a �ss�rsc� LFJhhlifo� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor -Jonathan B. Howes, Secretary Roger N. Schecter, Director November 6, 1995 MEMORANDUM TO: Ms. Renee Gledhill -Early N Environmental Review Coordinator Division of Archives and History FROM: SUBJECT: APPLICANT: John Parker, Jr. Major Permits Processing Coordinator Louis PROJECT LOCATION: #1 EDFEE HNPit Ok'G�p6��E & FILL Permit Application Review Bacon Bay Lane, Figure 8 Island, New Hanover Co. PROPOSED PROJECT: To fill mixed high marsh for bulkhead alignment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 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. q Signed���-�:���� � BDate �'3 P.O. Box 27687, Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 6 1995 MEMORANDUM TO- Mr. John Sutherland, Chief Water Planning Section Division of Water Resources /\ �:' OwIftsmooftmavo C) FEE HNR y NOV 9 1995 DWION OF WATER RESOURCES FROM: John Parker, Jr. Cos Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application ReviewAPPLICANT: Louis M BaconPROJECT LOCATION: #1 Beach e, Figure 8 Island, New Hanover PROPOSED PROJECT: To fill mixed high marsh for bulkhead alignment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27,1995. 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. Signed This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date 1 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 r R CEIVEO� DEC 8 1995 COASTAL MANAGEMENT MEMORANDUM TO: JOHN R. PARKER, JR. FROM: FRITZ ROHDE DATE: 8 December 1995 SUBJECT: BACON BANKS CHANNEL NEW HANOVER Applicant County Attached is the response to the above application. If I can be of further assistance, please let me know. gm /attachment(s) Hof North Carolina Department of Environment, -Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: October 30, 1995 Mr. Bruce Freeman, Director Division of Marine Fisheries 0 ArIL ". A . J� C)EHNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Louis Moore Bacon Adjacent to a man-made canal off of Bank's Channel at #1 Beach Bay Lane, Figure 8 Island, Wilmington, NC in New Hanover County Proposed Project: To fill approximately 504 square feet of mixed high marsh in order to achieve a more desirable bulkhead alignment Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 20, 1995. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: 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 �— - 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Wk State of North Carolina Department of Environment, Health and Natural Resources A74* Divi$ion of Coastal Management wA James B. Hunt, Governor p FEE N F1 Jonathan B. Howes, Secretary Roger N. Schecter, Director November 8, 1995 o6w MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker 1� I Major Permits Processing Coordinator �k��j609h SUBJECT: CAMA/Dredge t ern Application Review �O�c������t APPLICANT: Louis M re Ba n t��� PROJECT LOCATION: #1 Beach Lane, Figure 8 Island, Wilmingto t Co. PROPOSED PROJECT: To fill 504 sq. ft. of mixed high marsh. 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 There appear to be public trust conflicts that require additional investigation. Approximately days additional review time is needed. It is recommended that changes be made to the project to reduce or �eliminate public trust conflicts, as discussed in the attached memo. Signed Date / 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 Department of Environment, Health and Natural Resources Division of Coastal Management -James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director I—LI f_ifi17 Ci .�MS1 MEMORANDUM TO- Mr. Joe -Henderson, Acting Director State Property Office Department of Administration V;V �EHNR FROM: John Parker, Jr. Major Permits Processing Coordinator 112 J3 9 Received Prnur'Sfa�e„ SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Louis Moore Bacon PROJECT LOCATION: #1 Beach Bay Lane, Figure 8 Island, New Hanover Co PROPOSED PROJECT: To fill mixed high marsh for bulkhead alignment. m Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27 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. REPLh' 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 - l� Date a g 5 P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 29402-1890 REPLY TO ATTENTION OF December 19, 1995 Regulatory Branch ECEIVEO ` Action ID No. 199600341 and Nationwide Permit No. 18,.,�I/ DEC Z8 1995 11 u'F<,IAL Mr. Louis Moore Bacon c/o Mr. Zack Bacon, Jr. 2200 White Oak Rd. Raleigh, North Carolina 27608 Dear Mr. Bacon: 50' Through coordination with the North Carolina Division of Coastal Management, we have learned of your plans to backfill 504 square feet (0.01 acre) of jurisdictional wetlands and install a bulkhead on your property located at Beach Bay Lane, Lot 1, Section 13, Figure Eight Island, New Hanover County, North Carolina. The purpose of this project is to develop a residential building lot and protect property. Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits for the purposes of the Corps of Engineers' Regulatory Program. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided by Nationwide Permit No. 18 for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards in open water areas; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; On January 1, 1994, we renewed general permit, Action I.D. No. 197800080 (copy enclosed) that authorizes the maintenance, repair, construction and backfill of bulkheads and riprap material structures along eroding shorelines in navigable waters and waters of the United States in the State of North Carolina. Your backfill work is authorized by the nationwide permit provided it is accomplished in strict accordance with the permit conditions (enclosed), your submitted plans, and any required State authorization. Your bulkhead proposal is authorized by the general permit provided that you comply with all the permit's conditions. Please read the enclosed permit conditions to prevent an unintentional violation of Federal law. Since your project is located in the coastal area, a consistency determination is required from the North Carolina Division of Coastal Management (NCDCM). Contact Mr. Steve Benton, telephone (919) 733-2293 for this consistency determination. Also, a Section 401 water quality 3C'7. certification is required from the North Carolina Division of Environmental Management. Contact Mr. John Dorney, telephone (919) 733-1786 for this certification. This verification does not relieve you of the responsibility to obtain other required State or local approval before beginning work. This verification will be valid until the nationwide permit is modified, reissued or revoked, which will occur prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits, which will be announced by public notice when they occur. If you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation, to complete the activity under the present terms and conditions of this nationwide permit. Questions or comments regarding this correspondence may be addressed to me at the above address, or by phoning (910) 251-4466. Sincerely, Matthew Flint Regulatory Specialist Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 SKIMMER ROAD NECK IT — \ Va SALTMEAOOW ROAD JIB ROAD --, 90 SHORTWATER ROAD BANKS ROAD 1 / NEW HANOVER COUNTY AIRPORT WILMINGTON MARKET STREET U.S. t 1. 421 (—U. S. 14 N.G.R. VICINITY MAP 0 1 2 1 2 a BEACH ROAD SCUTH BRIDGE ROAD - BACKPIN POINT SANDY POINT 1 o�Clg�l[vm 9 OCT 19 1995 DIVISION OF COASTAL MANAGEMENT EEf NTR� RAC.- R; CHARLES E. OVERBECK, JR. Nfarine Construction Buf theaAs • 'fife Driving • 'Docks October 18, 1995 T.O. Box 716 • Wrightsville Beach, X.C. 28480 (919) 256-3082 State of North Carolina Dept. of Environment Health & Natural ResouITUM7713127 Cardinal Drive Wilmington, N. C. 28405 OCT 19 1995 Gentlemen: DIVISIUiV OF COASTAL MANAGEMENT Please find enclosed the application for a Major Permit to continue the existing bulkhead granted on CATviA G. P. 13283-D,and shown on the attached site plat, in a Straighter alignment over minimal wetlands. This alignment would keep the applicants property in a more useable condition and conforming with the adjacent properties. Thank you for your consideration. Y s Tr Charles Overbec Jr. Z 749 665 401 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to E et end No o k 354C 2.3 P.�State and Roaua �+ -3 _ ce�.eN ID S Defi r FgaOASfAL Re Delivery [ RetrNo Ow=wV .l to No 94.W / C� / Return R a Ad Date,TOT BF Pos m mbe� N� oN STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Ian front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attadAd and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of this return address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address an a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends 8 space permits. Otherwise, affix to back of article. Endorse front of tricks RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 102595-93-z-047e Z 749 665 40U Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Ser;,o ,y �` e Sv tl No x P.O., State antl ^ Poa e � 1 L i �l ie11 yIc trictetl M�A M � A a ReceiOt Showing ete Delivered / s te, an a a V Posirr�l r a� a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES leas frost). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your feral carrier (no extra charge). 2. It you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends it space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces an the front of this receipt. If return receipt is requested, check the applicable blacks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 102595-93-Z-0478 I SENDER: • Complete items 1 end/or 2 for additional services. I also wish to rat D • Complete items 3, and as & b. following services (for an extra D s Print your name and atldraea on the reverse of this form so that we can fee): D return this card to you. • • Attach this form to the front of the mailplece, or on the back if space 1. ❑ Addressee's Address D • does not permit. • Write"Return Receipt Requested' slow the article number. 2 ❑ Restricted Delivery ' • The Return Receipt will show c slivered and the date delivered. A I Consult postmaster for fee. 3. Article Addresse 4a. Article Num e �l,kect%E tL Y 5 �s V161 i 1995 4b. Service Type El Insured ❑,-, O /Registered d certified ❑ COD �/�� �. • 2'�l' Mail ❑ Return Receipt for % U t'^ Merchandise � 7. Date livery Cl) 5. n r ( seel 134AA Address (Only if requested !.re., an aid) C 6. 91dinalure Agent) oPS Form 3811, December 1991,s1J.8,oPo:+993-362a14 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVIC w PMCb o r N Official Business ,. 24 OCT r. r. PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, M Print your name, address and ZIP Code here Charles E. Overbeck, Jr. Post Office Box 716 Wrightsville Beach, NC 28M • Complete items 1 and/or 2 for additional services. • Complete items 3. and 4e & b. 9 • Print your name and address on the reverse of this form so that we can D return this cord to you. paD _ • • Attach this form to the front of t�2 n the back if space D does not permit. p • Write "Return Receipt Requ the 9� II le o he article number • The Return Receipt will icl as r ad and the date delivered. e 3. Article Address ,qa, Arf 5 gall oisss p � S. NAWMENT 4b. Se I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery insult postmaster for fee. Yu m bg& Ytrt u T er❑ Re istered rtified El u '1� Express Mail 7. Date of Deli% A 7 O > PS Form and fee is ❑ Insured ❑ COD ❑ ReturnReceipt for 1991 aus.olw:lear—asxal4 DOMESTIC UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, M Print your name, address and ZIP Code her( Charles E. Overbeck, Jr. Post Office Be, 7f6 Wrightsville Beach, NC 28488 It 1111 Ittltlltdtiittlli,ltiltttltiiiI MEMO DATE: TO:SUBJECT: I�cla2�. vn Pa) e9- RECEIVED NOV 8 1995 COASTAL MANAGEMENT From: '" SrA North Carolina Department of Environment, Health and Natural Resources State of North Carolina rt Depament of Environment, Health and Natural Resources (� Wilmington Regional Office AeDivision of Coastal Management. James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 26, 1995 Louis Moore Bacon c/o Zack Bacon, Jr. 2200 White Oak Rd. Raleigh, NC 27608 Dear Mr. Bacon: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at #1 Beach Bay Lane on Figure 8 Island in New Hanover County. It was received on 10/19/95, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 1, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, .TT.J. . Jr, � Barrett ' Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer :�. BOOK �pACE 1600 A353 The property hereinabove described was acquired by Grantor by instrument recorded In .............................................................. Book 1062, Page 215 New Hanover County Registry ..................................................................................... ............................................................................................................................................... A map showing the above described property is recorded in Plat Book.......14........................ page ..... 4 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter Stated. Title to the property hereinabove described is subject to the following exceptions: 1) 1992 ad valorem taxes; 2) All applicable restrictions, rights of way and utility easements of record; and 3) All applicable zoning and land use ordinances, statutes and regulations. [N TIUTNE"S ".e :, -11W, naa hereunto set his Land and seat, or It corporate, has caused this instrument to be signed to Its, corporate name by Its duly authorised, officers and Its seal to ➢e hereunto affixed b sumo rlty of Its Bo / of Dlrettp ay and year first a➢ova written. (/�/t ______________________________________ �e _________________^�______________________________(SEAL) (Corporate Name) Z ECS R- CARMICHAEL ny:----------------------- ----- oX Uwc6(sEAi) xINE G. CARMI FLAEL ____________________________President X ATTEST: : _______ __ PAL) --------------- ________L --------------- ----------------------------------------- OCT 19 1995 M ,pleOlrn„,b __Secretary (Corporate Beal) _-____( ) SEAL 'p t/� p�� NORTH CAROLINA,____NECKl)rNAv33Ci_____________Comnty. rASTAL MANAGEMENT rmichael `and I, a Notary Public of the County and State aforesaid, certify that - ------------------------------------- Katherine G. Carmichael Charles R. Ca Grantor, ---------- ------------------ _______ 41 V q{;*yf D t_ l G �:. • m personally appeared before me this day And athnow;edg ed the execution of the foregonS trnmepnL Witness my hand and officialstamp or seal, Chit _____ _ day of T }•. �I hrIl111p Ham' /_ ' My commission expires:--f`=-•=-----'-�^otary Public SEAL -STAMP NORTH CAROLINA-__________________________________ cetmy. 1, a Notary Public of the County and State aforesaid, certify that ------------------------------ ------ a, personally came before me Chit day and acknowledged that ____ he is --------------------------- Secretary of di ■ _ _________________________ __________________________ a North Carolina corporation, and that DY authority duly _______________ iits m given and a• the act oV the corporation, the foregoing instrument was signed In Its hams Y v corporate and attested by _______--_- a• its --------------------------- Secretary. President, sealed With Its corpora D Witness m7 hand and offlc4l stamp or seal, this _______day of ___________________________ Ig________. Mycommission expires: _______________________________________________________________________ Notary Public The foregoing Certificate(,) of Mary_ $,__HOrne___=�QdXy__PUh�3-c_---__----------------------------------------------------- ----------------------------------------------------------------------------------------------------- - ---------------------------------------------------------------------------------------------------------------------------------------------- is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the first page hereof. REBECCA TUCKER CHRISTIAN ____________________________REGISTER OF DEEDSFOR__1`?>✓K_±4NOVER----------------- COUNTY -' ------J-,------------ �—�J/ ________________________Deputy/Arrtnaat-Register of Deeds BYr'-----Y - BOOK PACE 1600 03S2 .r REO# NEWHHNOVER sraORTH PUNA ezeo ,�al +y e4-30-92 $360.00 Real Estate Excise Tax Excise Tax $360.00 RECORDED & VERIFIED REBECCA T.CHRISTIAN REGISTER OF DEEDS NEW HANOVER GO. NO 092 APR 30 PM 2 25 I &,L&I r � Recording Time. Book and Page 'ax Lot No........................................................................................... Parcel Identifier No........................................................................... ............................. Coun. _.. ...., 19.......... �eri5ed by .......................................... r on 'Y.- � .............._ day of ...................__........_....._... ...... y.............................................................................................................................................................................................................................. dai] after recording to ..... Clark, Newton &Hinson, 509 Princess Street, Wilmington, NC 28401 ............................................ _... _................................. ................................................................................. .............................................................. Phis instrument was prepared by ...Clark... Newton.. &.. Hinson............................................................................................................. 3rief description for the Index Lot 1 Block B Sec. 13 Figure Eight NORTH CAROLINA GENERAL WARRANTY DEED rbTTR na:ED made this .22xid...... day of......Apri.i............................ ............. ., 19.9.2....... by and between GRANTOR CHARLES R. CARMICHAEL and wife, KATHERINE G. CARMICHAEL __ ILZ2 GRANTEE LOUIS MOORE BACON 1 Beach Bay Lane Wilmington, NC 28405 I DIVISION OF 'IOASTALMANAGEMENT Enter in appropriate block for each party: name, address, and, If appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .................. Harne.tt . ... ....................... Township, New Hanover ...................... County, North Carolina and more particularly described as follows: BEING all of Lot 1, Block "B", Section 13, of the property of The Figure Eight Island Company as shown by map thereof, recorded in Map Book 14, at Page 4, of the New Hanover County Registry. SUBJECT to all the terms and conditions contained in restrictive covenants recorded by The Figure Eight Island Company in Book 933, at Page 286, of the New Hanover County Registry, reference to which as well as the map hereinabove referred to is hereby made. In accordance with Restriction #5 of the Restrictions hereinabove referred to, the minimum square foot requirement of any house constructed on the tract shall be 1400 square feet. Together with a right of way in common with others, over, through, or upon streets and walks shown on the above referenced map, and any and all existing streets and walks providing access to this tract, together with the right to build a boat dock and pier under the terms and conditions described in Restriction #16 in the Restrictions aforementioned. RETURNED TO C I o`''•k tj P. '�t41� N.C. Bar Assoc. Form No. 1 0 1976, Revised 1919. r n C u o U BOOK J 1 PAa 1600 0353 The property hereinabove described was acquired by Grantor by instrument recorded In .............................................................. Book 1062, Page 215 New Hanover County Registry -----............................................................................................................................................................................................... A map showing the above described property is recorded in Plat Book .......14 .................. page ..... ..........•....... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1) 1992 ad valorem taxes; 2) All applicable restrictions, rights of way and utility easements of record; and 3) All applicable zoning and land use ordinances, statutes and regulations. 2f A',==—, ^ •; ^:t^.GP, Like Gr.i,ior uas hereunto set his asnd and seat, or it corporate, bap caused this Instrument to be signed in Its corporate name by Its duly authorized officers and Its seal to be hereunto affixed Yb), u/t/h/Jo�rltY of 1[s/B/o3rd of Dlrectot then day and year s above written. (Corporate Name) z C S R. CARMICC aHAEL By:___________________________________________________________ ii1_LV \ _.i1�{!�'I SEAL) .x+ KAT ERI NE G. CARM—Pi?Jj�(�',,_ V( ATTEST: U J. EAL) ------------------------- -------------------- --------------------- -------------------- 0 pC f 19 1995 SEAL-STAMP ___secretary (Corporate Seal) m nL\J_L�.JfJU_uF ______(SEAL) .7____________________________________ NORTH CAROLINA, ------------- County. COASTAL MANAGEMENT Charles R. Carmichael and y I, a Notary Public of the County and State aforesaid, certify that ------------------------------------------ e « Katherine G. Carmichael __________________________ --------------- -- Grantor, ;.y__________________________________________ m personally appeared before we this say and a knowled[ed the execution of the torero [r trumenL Witness my Y ~ q4 p hand and official stamp or seal, this �- ear of ----------------------------- -- - My commission expires; _���{--?�-------------------- NORTH CAROLINA, Public 10 ► Notary Public of the County and State aforesaid, certify that ---------------------- -------------------- y personally came before me this day and acknowledged that __-_ be Is ___________________________ Secretary of y ._______________________ a North Carolina eorporatlon, and that by authority dull Y riven and as the act ar the corporation, the foregoing instrument was sigma In its name by its _______________ Y President, sealed with Its corporate seal and attested by ----------- as its --------------------------- Secretary. P Witness m7 hand and o11lcW stamp or seal, this _______da7 0l --------------------------- IS________. My commission expires: _______________________________________________________________________ Notary Public The foregoing certtfleate(s) of ------ Mary___N4>idCY-_PUb�ic------------------------------------------------------------- --------------------------------------------------------------------------------- ------------------------------------------------------------- ----------------------------------------------------------------------------- --- ---- ----------- ----------------------------------------------- Is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Pare shown on the first Dare hereof. REBECCA TUCKER CHRISTIAN ___REGISTER OF DEEDS roR__d? '?_?iAN9VER---------------- _ OUNTx ------------------------ Deputy/ATnrtaut-Re[Ister of Deeds BOOK 1600 PAGE 03S2 d 6 REG41 NEUHANOVER STATE Oo T H O�ROUNAi, eaeo 04-30-92 $360.00 Real Estate Excise Tax Frcise Tax S360.00 a V RECORDED &VERIFIED REBECCA T. CHRISTIAN REGISTER OF DEEDS NEW HANOVER CO. NO 092 APR 30 PM 2 25 Recording Time, Book and Page axLot No........................................................................................... Parcel Identifier No........................................................................... erifiedby........................................................................ CounhY on the ................ day of ......................................................... 19............ r.............................................................................................................................................................................................................................. :ail after recording to Clark, Newton & Hinson, 509 Princess Street, Wilmington, NC 28401 ...................................................................................................................................................................................... .............................................. _............................................................................................................................................................................... his instrument was prepared by ...Clarks.. Newton.. &..Hinson............................................................................................................. rief description for the Index Lot 1 Block B Sec. 13 Figure Eight NORTH CAROLINA GENERAL WARRANTY DEED 'HIS DEED made this .22.nd...... day of ...... Ap.rkl.............................I.............1 19.9.2....... by and between GRANTOR 1HARLES R. CARMICHAEL and wife, :ATHERINE G. CARMICHAEL V:2 GRANTEE LOUIS MOORE BACON 1 Beach Bay Lane Wilmington, NC 28405 , �c�17 T OCT 1 9 1995 DIVISION OF COASTAL MANAGEMENT ]nter in appropriate block for each party: name, address, and, If appropriate, character of entilY, e.g. corporation or partnership. Cbe designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. NITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby tcknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that :ertain lot or parcel of land situated in the City of............................................................. .Harnett,............................. Township, New Hanover.... County, North Carolina and more particularly described as follows: BEING all of Lot 1, Block "B", Section 13, of the property of The Figure Eight Island Zompany as shown by map thereof, recorded in Map Book 14, at Page 4, of the New Hanover �'ounty Registry. SUBJECT to all the terms and conditions contained in restrictive covenants recorded by The Figure Eight Island Company in Book 933, at Page 286, of the New Hanover County Registry, reference to which as well as the map hereinabove referred to is hereby made. In accordance with Restriction #5 of the Restrictions hereinabove referred to, the minimum square foot requirement of any house constructed on the tract shall be 1400 square feet. Together with a right of way in common with others, over, through, or upon streets and walks shown on the above referenced map, and any and all existing streets and walks providing access to this tract, together with the right to build a boat dock and pier under the terms and conditions described in Restriction #16 in the Restrictions aforementioned. RETURNED TO C1o"k'N` P. '� t41� N.C. Bar Assoc. Form No. 1 0 1916. Revi,eA 1917.