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HomeMy WebLinkAbout143-96 Bethel, BobPermit Class Permit Number NEW STATE OF,NORTH;CAROLINA Department of Environment; Health'' & Natural Resources ... =and... Coastai kesotirces ICorrimi''ssion X fors" Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118. ='It = a X Excavation and/or filling pursuant to NCGS 113-229 143-96 Issued to Bob Bethel 305 Bradley creek Road Wilmington, NC 28403 authorizing development in New Hanover County at Greenville Sound north of the mouth of Bradley Creek -,as requested in the permittee's application dated/1/96 including attached workplan drawings sheet 1 dated 6/1/96 sheet 2 dated 6/2/96 and sheet 3 dated 6/3/96. This permit, issued on 1b//wy6' , 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. Basin Excavation 1) In order to prevent shoaling at the mouth of the channel, and to ensure adequate tidal circulation within the basin, the channel excavation shall be extended so that it connects with the edge of the Atlantic Intercoastal Waterway channel. 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management in consultation with the Division of Marine Fisheries. 3) Excavation will not exceed 5 feet below the mean low water level, with the exception of that which may be necessary to extend the connecting channel to the AIWW, as prescribed in Condition 1 above. (See attached sheets for Additional Conditions) This permit action may be appealed by the pemrittee 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. oger, . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bob Bethel Permit #143-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) No marsh grass will excavated and/or filled. 5) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: An Erosion and Sedimentation Control Plan will be required for the spoil disposal area. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Pier and Docking Facility 7) 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. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by extending the adjacent property lines into the water to a point where the marsh ends, then drawing a line perpendicular to the channel line that intersects with this extended property line/marsh intersection point. 9) The portions of the pier which cross coastal wetlands shall have a minimum clearance of four feet above the marsh substrate, and shall have a maximum width of six feet. 10) 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. Bob Bethel ADDITIONAL CONDPI'IONS General Permit #143-96 Page 3 of 3 11) The permittee's scheme of development, of which the authorized work is part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgement of the U.S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. 12) This permit does not authorize the interference with any existing or proposed Federal Project, and the permittee shall not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 13) 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. 14) 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 parry. 15) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 960811. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199606017. Form DCM-MP-1 APPLICATIZN12 996 (To be completed by all applicants) DIVISivN OF ,;OASTAL MANAGEMENT 1. APPLICANT a. Landowner: b. City, town, community or landmark wlLryr i r.i(o-(,r,0rJ c. Street a#4ress or secondary road number IS t� _ � Name �Ob �crti��(_ d. Is proposed work w�fhin city limits or planning jurisdiction? ✓ Yes No Address 305 f'2ElDLI=Y LPL l=K �Cf e. Name of body of water nearest project (e.g. river, City \_0i i_nn ( wiQ Nj State NJ creek, sound, bay) AfC vvw BPAP�-zy- G'aLC♦; Zip 28yO?� Day Phone 25E!, -3975 Fax b. Authorized Agent: City WlL.." 9:6,0 State " (f- Zip Zg yo Day Phone 76 3 - 88 DO Fax c. Project name (if any) &-tar_ f NOTE: Per"di will be i.riued in name of landowner(r), and/or Project same. 2. LOCATION OF PROPOSED PROJECT a. County 101'w 144/j oy c a> 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. CR2=7X CPA""4e 1 4 .t, N A I t I Q;D w hw.kl' fBrXl3� fc,eaAP«9nn/ - 1�i15fAl/ 2.o 1 Roa-t liF1' wr'tfl A Ftoa-tl,: Dtx9 q'>(31' i V)415' b. Is the proposed activity maintenance of an existing project, new work, or both? 0cw Wo214L c. Will the project be for public, private or commercial use? JVl VAt, 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. DAc1,.Y P11=12 N�ctrvi F/ NC / r `r rpi Revised 03/95 Form DCM-MP-I 1 O&E AUG 9 �. . it lshng wastewater treatment facilities. 4. LAND AND WATER COASDIVISJUNCHARACTERISTICSnF Covr iY S�wt2 CHARACTERISTICS 7A1 MANAr ErvAEN T a. Size of entire tract b. Size of individual lot(s) S3, 3q Z 54 Ft- c. Approximate elevation of tract above MHW or NWL h t-t d. Soil type(s) and texture(s) of tract �.4 N,71i LONNr� e. Vegetation on tract 6RA55F5 f. Man-made features now on tract PONC-_ g. What is the CAMA Land Use Plan land classification of the site? (Consult the local rand we plan.) Conservation Developed Rural Transitional Community Other How is the tract zoned by local government? Is the proposed project consistent with the applicable zoning? ✓Yes No (Attach zoning comwiance certificate, if applicable) Has a professional archaeological asses ment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No Are there wetlands on a site? t�Yes —No Coastal (marsh) Other If yes, has a delineation been conducted? Yc_ 5 (Attach documentation, if available) 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.) S✓e�d� ,L]un: n�C o. Describe existing drinking water supply source. (��p Z,�NrY YVA7,9 P� 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 il 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 w>;� A ��rtuet Address -7 -6rr,)' � r Phone 7L ;a _ -) I � t Name GNt+4f- 1C"lhhr.r Address ',Y-.; lrlj" Phone 6(.45- Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and,issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 1 day of ._L1N , 19�. Print Name Signature i Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM 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 bosom of each form. Revised 03195 Form DCM-M1'-2 Reese / EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Exerting Project Lenath Width Depth Depth An LW �9 MLA^/ ,36 — T10121V3B AUG 12 1996 DIVISiuN OF COASTAL MA14AGEMENT 1. EXCAVATION a. Amount of material to be excavated from below Tat MHW or NWL in cubic yards _ _ � /11y, b. Type of material to be excavated Sq-ND c. Does the area to be excavated include coastal wetlands (marsh), submerged aAuatic veglon (SAVs) or other wetlands? . Yes ✓ No d. Highground excavation in cubic yards Od%L 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area 5FC At�')"b4 -� b. Dimensions of disposal area 300 1 x /Do 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 of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of info —lion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. Applicant or Project Name Signature Date Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or o er wetlands? (1) Amount of material to be placed in the Yes No I water I ,,. D (2) Dimensions of fill areaf. Does the disposal inc 1de any area in the water? Yes No _S�J . AUG 2 1996 (3) Purpose of fill DIVISwA pF J F GEMEY11 Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or othe etlands? Yes No If yes, a. Type ofshoreline stabilization 41) Dimensions of fill area Bulkhead Riprap T��7 TT��77 -' �'77711 b. Length n]: c. Average distance waterward of MHW I- JUL 5 1996 — ..;,rice -�^. ,r C0ASTAL %,).4;dAGEM= 5. GENERAL d. Maximum distance waterward of MHW-or**Ij e. Shoreline er io (source ofinfor f. Type of bulkhead g. Amount of fill 'in cubi water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material preceding 12 months Is to be placed below 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be br ght to site? _ Yes No a. How will excavated or fill material be kept on site and erosion controlled? _ What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crossed in transpo5ing equipment to project site? _ Yes o If yes, explain steps that will Be taken to lessen environmental impacts. 7/h`Z- Applicant of ProjecuName 1 .y siguature =I. Reriud 03195 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community Private (2) Number (3) Length -I'0'0' (4) Width 61 (5) Finger Piers �/Yes _ No (i) Number 2 (ii) Length ) 02- 3c- (iii) Width (4) CR M 3' (6) Platform(s) _ Yes _ No (i) Number (ii) Length /6, l CPIs` j�y6 (iii) Width (/) a /6' 41) CA 6 ` (7) Number of slips proposed .411 (8) Proximity of structure to adjacent riparian property lines 35 ` (9) Width of water body .91ww 600 ` (10) Water depth at waterward end of pier at MLW or NWL o. o t — b. Boathouse (including covered lifts) (1) Commercial Private (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) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands AUG 12 1 D 996 1)Iv1SIUN OF COASTAL MANAGEMENT e. Mooring buoys / (1) _ Commercial Community l� ivate (2) Number (3) Description of buoy >h� �9� (Color, inscription, size, anchor, 10' T1L V'm (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings etc.) (1) _ Commercial _Community ✓Private (2) Number / (3) Length ?o ' (4) Width /3 ` g. Other (Give wWlele desc'iplion) �/VNe4 /_ en. Al-jel I 11P7 eL/ Applicant or Ject Name s to -- -- Date Revised 03/95 i wk w! :I; `r�W'1 ' ►e to� lo y IMmn L i 9 D. FJUL25 . 1996 DIVISION OF COASTAL MANAGEMENT ..... .. . P i { SBF•$b 4 p �R rll V� V1 R G0.T40,yTA1A135_1.3g2 So Pr oR /2,?, /�cRs5 k a N d �! µ Sy 6 2 r N am, r4r. 0 -G 55014eN r f�E/.FgSQ) re, Rtc"Mi ix B[iC+'/771,fvJ 11TY JUL 25 1996 —� DIVISION OF bASTAL.MANAGEMENT M6NItB3 ,2 F ; ,viol' Hoak /d AoeX 27 PLOT PLAN iar LOT—_ SACTION ___ SUNDIMION 'Fe'w«Y fof"A r TOWNSHIP NEW HANOVER CO. N. C. °�` ? DATr _IAN M?7 it JACK a. STOCKS I° W j i . -LrFr 15'x zo' \ �Fit'ti M.' 41'N31' pxe n G_ a_ 141, P<r tuEsru,ua ��2$S�g /vsoua. r �L/iNGGGS 15XG A r yg? 6 1 U 0 , ' D w 4 •' G) m /nc =—=AAAIH 1 -3. _ -- Curt 0 i cG„irr to -S err ro -S —S $0 1- �,i_ 3oI P„ r J, i.:Y.n.. ..wr.�...-...., �......... __... ... .r.�.yavw WryL.s..._..-.. ,,, .. ...,. .n.... 0 -_�rrr�rNl'--L'f1wu�L - AWAW 0% �V v 1 Gt4A� pr ��- `, � 7 / 7 ,3 U V \ AUG_2 1 �996- �� � DIVISiu,, JF COASTI(L MANAGIFIMENT v cecGtCS ts- -� - W- -- , , State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 21, 1996 Mr. Bob Bethel 305 Bradley Creek Road Wilmington, NC 28403 Dear Sir: [DEHNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried' out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, I� 19-733-1495 ��� An E FAX 9Affirmative Raleigh, North Carolina 27611-7687 1 Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/l 00/ post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY To ATTENTION OF October 30, 1996 Regulatory Branch Action ID No. 199606017 and State Permit No. 143-96 Mr. Bob Bethel 212 Bradley Creek Road Wilmington, North Carolina 28403 Dear Mr. Bethel: Reference your application for a Department of the Army permit to dredge 4,500 square feet (0.103 acre) of shallow bottom around a pier and gazebo with a floating dock system to be constructed in Greenville Sound, at 305 Bradley Creek Point Road in Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch 1 Enclosure Plans Dated June 1996 Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 303035 Mr. John Parker division of Coastal Management /North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 pill E, N 0 r \ 1-0-746NTA1955�34Z SO F% OR 12.2 ACRES zo w 5.0'1 .case"+6Nr I%ERFAst) TO G.cdunmo/ ey Re"ve RecoRou iM 6cvd^ilrifvfilr JUL 2 5 1996 D `? DIVISION OF !' bbASTAL.WNAG EM ENT N a h �W,S y� 2Az N i M�c'E•t.v ,� S geF; odp eapje Id iI+GE 27 PLOT PLAN for LOT . 54CY10N _.._ SUBDIVISION J'e'W«Y 4"Z-M-� 1*1'7"N7— TOWNSHIP NZW HAIIOVBR CO. N. C. r c2z 4 DAT► IA N Yd ?'? i% r1ACK e. STOOKS 9 a -IVN irl , -�.- -, - , 7- JUL 2 5 1496 DWISION OF COASTAL OAS.-i AL MANAGEMENT LL 6 q, r. _> I d +�lc la t y. �, LrIN V . _i � y..I'.. .1• X`� , ?rye;. l.��. ra�,t ..,' _ �. VI 0 I O N 1 I LINOa v •+ d 4gsl �! 1+ •{ I i. �' t y S a `• if .{, : o i tA I ,•.\ .I�, \ ,.,.,' t �, • \ i' .. ldi 17. tt J J I t ._I.--. `p.-._. u „CIT."'d orb ........... -V�'?l�,!�"dR �q ,l���i �'ai ii•'�."r•'>—• ��. �r,,•N�,�- c-x r. z W .. .;� 'f' •N '; •' , •' .,J- �ir�/+i �1�4'F„1r2; �t � �J -• -� ,..� 3 CID cr) 14, J b. o — o r ���pl CJ. (_A 7 717- OC s v n r1 • 1 tL.1 YI �I ! 0/- 7r„ � �oi itl'• r. Y•s.•'��j�4-1.��R�I- ,I �• � �'�d3UalJ98�7 sliot7m'�9� 11\ 1�aJ E7S/ 5�7:7/vhr� �-ral/Ctt✓ S�'SS2- L29 -,v P--?-Tr-� -V S/6 1 Ewz 6g CA zc-B9 20A7I,�6 IDOCde-- 4 A U4 VV AAo W BOAT eASIN -A I vv vv AUG 12 1996 DIVISION OF COASTAL MANAGEMENT m 50 , _0 AIKUYLO M: DRAWN DATE: 2.REVISED DRAWING NUMMI DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF October 22, 1996 Regulatory Branch Action ID No. 199606017 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Bob Bethel for a Department of the Army permit to dredge 4,500 square feet (0.103 acre) of shallow bottom around a pier and gazebo with a floating dock system to be constructed in Greenville Sound, at 305 Bradley Creek Point Road in Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. This includes the temporary placement of material in wetlands or waters. 4. No vegetated wetlands will be excavated. 5. Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 6. The permittee's scheme of development, of which the authorized work is a part, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the - United States, the lands are needed at any time for an u 1® y purpose within the 9 scope of the easement. Permanent buildings will not be constructed with,k] he dl easement. a 7. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to - compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. S. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 9. 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. 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 12. This permit does not grant any property rights or exclusive privileges. 13. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit.. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, iJkre��: hte Project Manager Wilmington Regulatory Field Office 04 q .. Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Bob Bethel COUNTY: New Hanover LOCATION OF PROJECT: 305 Bradley Creek Road, adj to Greenville Sound, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/23/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: Tere Barrett D T CE: Wilmington 7 DISTRICT MANAGER REVIEW: 1 1 B) DATE APPLICATION RECEIVED IN/ REC'D: $71 PUBLIC NOTICE REC'D: ✓ CC , OF NOTICE ADJ. RIP. PROP NOTICES REC'D: � ������ 'D: APPLICATION ASSIGNED TO: ��v.y$ ON: C) 75 DAY DEADLINE: I l-S--56 150 DAY DEADLINE: MAIL OUT DATE: q — fj `/ STATE DUE DATE: '0-, 4'4C FEDERAL DUE DATE: I 0 - 5 FED. COMMENTS REC'D: 1 c PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office �j-e27-y6 Div. of Community Assistance 8'-3a-cr6 Land Quality Section G _ 41 C Div. of Env. Management y State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission .� S_ cl Div. of Water Resources D Div. of Marine Fisheries%(O Recommendations for State Permit - Bob Bethel In order to protect the interest of the property owner, and the water quality of the basin, I would recommend that the excavation of the channel be required to continue to the AIWW. This would increase the length of the channel from 30' to approximately 110'. I recommend the permit be authorized contingent on the following conditions: 1) The channel connecting the basin to deeper waters must be extended to such a point that it connects with the A]WW, or approximately 110'. 2) The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines extended into the water to a point where the marsh ends and the open body of water begins. From these intersections, all structures shall have a minimum setback 15' from the corridor lines as they extend perpendicular to the AIW W: 3) In order to protect juvenile SHRIMP and FDTFISH populations, no excavation or filling will be permitted between April 1 and Sept. 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 4) Excavation will not exceed 5 feet below the MEAN LOW water level. 5) No marsh grass will be excavated and/or filled. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) 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). 8) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill- over of solids into any marsh or surrounding waters. 9) 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. State otrNorA Garollrta Xeparvmenf. of Environment, " Health and Natural R©sources 'Wilmington Regional Office Division of Coastal Management James B Hunt. Jr.. Gove,nur JunaUhan B. Howes, Se.retary Rngw N SchGCier. 04actor _ _ 6 F'. 91 PostMY Fax Notc 7671 met August 26, 1996 TO, Zoe D. Bruner, District Planner Division of Coastal Management FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DR.EDGP S FILL Permit Application Review Applicant: Projeti Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County Proposed Project. Construction of a pier with gazebo and floating dock system, excavation of the amt around the docking system and an actress channel to the AIWW Please indicate below your offite's position or on the proposed project and return this form by Sept 16, 1996. If you have any questions re_ :c proposed project, please contact Tere Barrett at 910i395-3900. NN hen appropriate, in-depth -itts with supporting data is requested. REPLY: This t,ffice has no objection to the project as proposed. .M This office has no comment on the proposed project. _ This office approves of the project only if the recommended changes are incorporated Sea attached. Ties office objws to the project for reasons described in the attached comments. DATF 127 Ca usa! chive E}'tension, 'ArIlMiuMOn, N.C. 2840R-3845 a Telephone 910.395-390U a Faz 910-360.2004 L An Equal Oppj,rtuivty ANWnstive Anion Fmployer !! MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc. F Pate, CR Stroud.Ji., T Barrett FROM: Zoe D Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Pen -nit Application Review Bethel, Bradley Cleek Road NHC DATE: September 16, 1996 This permit consistency opinion is based on my review of Mr Bob Bethel's permit application, the Field Investigation Repoli (IT Banelt, 8/26/96). and my understanding and interpretation of the pa!ic:es presentetl in the Wdmin j n/New Hanover County 1993 Land Use Plan. The applicant propoSes to construct a 492 foot pier with gazebo and floating dock system excavating the area around the docking system and ex avafin«,«, an access channel to the Intracoastal Waterway. The loca on and complete description cf the project are in the Field Investigation Report. LAND USE CLASSIFICATION. Conservation (AEC's and floodplaln). adjacent land. Resource Protection RELATED POLICIES AND IMPLEMENTATION MEASURES, 1 I(S) THE CTTY AND COUNTY SHAL: SEED TO YRESSRVE APTD RHSTORE SHELLFLSHINO IN ALL SA WATERS AND TO TARD46 ALI. COASIAL WAIERS DFRONAIED OR FORMERLY DBSIGNQTED SA TO THE WG11EST QUALITY- POSSIDLE. i.: PROIEC110N OF i AMA -DEFINED AREAS f FENVIRONMEN'IAL CONCERN 1 "I) LSTT--ARJN'E WA FEk5. LSICTARIN< WMEUNFS AN1 T Y'_BLIC TRUST AREAS SHALL BE. PROHIBI1FaO FROM USE BY DEVELOPMENT ACTIVITY WFUCH t 01MJ Ri SL? T 1K SIGNIFTC'ANI ADVERSE IMPACT TO I'AE NATURAL FI, Nc r1uN OF I I-ILSE AREAS L1(Yj TIIF (:1TY ANDCI)L?vTIY SHA:.1 ai i.CtC tiS55 (;y ES1UAItII.'EADID PUBLIC IRL'S I WATERS THAT PROVIDE RINFITTS TO THE PUBLIC ANF) N%'N!C H a;1SF Y R11-ARIAN ACCL:SS NEEDS Or PRIVATE PROP.ER1 Y OWNERS CONSISTENCY OPINION: ', he Wiin;Ington Nevi Hanover County Land use P!an supports state and federal regulations which protect water quality and navigability. Accordir:g to the nian, it is the intent of the County to improve the qQ" of its c;iaeks and estuaries �f This project will be consistent wirh the i-and Use fiian wren- • all comments receiveo c•n +his app;cation are considered • all conditions placr.•d on this permit are met: and this pro)eN is found to have nn negative impact upon the long-term quality of the surrounding waters or the navigabilily of these waters 1W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 E)EHNR TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program ~~ FROM: John Parker, Jr. I c�c�& Major Permits Processing Coordinator Q a S SUBJECT: CAMA/DREDGE & FILL Permit Application Review Ate" APPLICANT: Bob Bothell G 9 PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co PROPOSED PROJECT: To construct a pier with gazebo and floating dock system, excavation, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 24, 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 c ✓n—Date P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 XvC An Equal OpportunHy/AfflrmatNe Action Employer Voice 919-733-2293 17+77 tna►1♦ 50% recycled/10% post -consumer paper P./9''z Gay ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Rnleigl), North Carolina 27611, 919.733-3391 Charles R. RiIIWood, Executive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing .FROM: Bennett Wynne M Habitat Conservation Program DATE: September 24, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Bob Bethel, 305 Bradley Creek Point Road, adjacent to Greenville Sound, near Wrightsville Beach, New Hanover County, North Carolina. The Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on September 23, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to construct a 500 ft. long pier, gazebo, floating dock, and boatlift system on his waterfront lot to access the AIWW. A 60 ft. by 60 ft. area around the floating dock is to be excavated to,-5 ft. mlw. The pier is to span a wide, well -developed coastal marsh providing habitat for raccoon, muskrat, wading birds, waterfowl, and a host of estuarine invertebrates. Area waters are classified SB and closed to shellfishing. Primary adverse environmental impacts from the project are turbidity -induced water quality decline associated with dredging and shading of productive coastal marsh. Navigational concerns would arise if the project exceeds the i established pier head line. To reduce the extent of these impacts, we recommend the permit be conditioned as follows. 1. No excavation is allowed between April 1 and September 30, a period of peak biological activity. 2. A minimum of 0.5 in. gap is maintained between pier deck boards and the decking is elevated a minimum of 4 c.,,, ,, f- ft. off the marsh floor to allow sunlight penetration .(,a,�k to underlying vegetation. 3. The existing pier head line is not exceeded. -4-« . Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: s:\boatfish\habcon\coast\d2 (bethel.doc) uepartment of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James S. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director ;A ;FME" MEMORANDUM: August 26, 1996 TO: MT. Charles Gardner, Director Division of Land Resources FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPlicant: Bob Bethel Project Location: 305 Bradley Creek Rd, adj to Greenville Proposed Project: Construction of a pier Sound, in New Hanover County with gazebo and floatin area around the docking system and g dock system, excavation of the an access channel to the AIWW Please indicate below by Sept 16, 1996. your agency's position or viewpoint on the at extension 246. When have any questions regarding theproposedProposed project and return When appropriate, in-depth comments wituPP°rt g data is contact Te Bsarrett 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 �FD'NtGJT f E2oS,o,JmCy��ated. See attached. Project only if the recommended changes are This agency objects to the MJS E 6&4,oi'Eb Fae project for reasons describedr P'� in the attached cOmmanrtC�. SIGNED C 127 Cardinal Drive Extension, �~� RECEIVED SEP 411996 COMM �,�� 1� MANA6EMENf f-- DATE 91ftnn8ton, N.C. 28405-3845 0 Telephone 910-395-3900 0 An Equal opportunity Affirmative Action Employer Fax 910-350-2004 State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor -- Jonathan B. Howes, Secretary l) E H N R Bruce L. Freeman, Director 24 September 1996 MEMORANDUM TO: John R. Parker, Jr. DCM Major Permits Prcessing Coordinator FROM: P.A.. Wojciechowski SUBJECT: DREDGE AND FILL PERMIT Bob Bethel 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 SEP 25 o95 a �� P�9Ks+�s�telEdi 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 o` NoMin Carolina Departhient 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: August 26, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries AFTWA Via C)EHNR John R. Parker Major Permits Processing Coordinator L� CAMA/DREDGE & FILL Permit Application Review SEP 25 S9S Bob Bethel Project Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover:.Courity Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the area around the docking system and an access channel to the AIWW Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. CSC 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 MEMORANDUM September 16, 1996 TO: John Parker FROM: Fritz Rohde SUBJECT: Bob -Bethel The Division has no objection to the above project even though substantial dredging is involved. The project is not located in a primary nursery area and the area is closed to the taking of shellfish. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 13, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator Zm EDEHNFR SUBJECT: CAMA/Dredge and Fill Permit Application Review SEP� DMF-PUB. TUSUBLANDS APPLICANT: ?ighel PROJECT LOCATION: Adj. Greenville Sound at 305 Bradley Cr. Rd., New PROPOSED PROJECT: To construct a pier with gazebo & floating dock system. Sep O�/ VEy 996 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 _4,.o��There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed �� "` '� Date AIOT11' T�/6.1 C !I .g O/i/d9 //✓ Tj`if /'�G ' .9� /S �oi P.O. Box 27687, 7�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N�C An Equal Opportunity/Atflrrnafive Action Employer Voice919-733-2293 50%recycled/ 10%post-consumer paper State of N-crth Carolina Department of Environment, D 70, ,a Health and Natural Resources Wilmington Regional Office AUG 2 7 V96 , Division of Coastal Management A & -- r� James B. Hunt, Jr., Governor p E H N Pit Jonathan B. Howes, Secretary Roger N. Schecter, Director August 26, 1996 MEMORANDUM: TO: Mr. A. Preston Howard, P.E., Director Division of Water Quality FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bob Bethel Project Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the area around the docking system and an access channel to the AIWW Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. � 91319b63J REPLY:y/ 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. I SIGNED , {k C.IL S i V �, t — DATE C— G c-f -- O -4 — CC. Wy)^N bop-" LviRu Filc% 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • F 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 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: August 26, 1996 Mr. William A. McNeil, Director Division of Community Assistance John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bob Bethel 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the area around the docking system and an access channel to the AIWW Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. I/ 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 .tt DATE 1rI2 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 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: September 3, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator e0� [DEHNR CAMA/DREDGE & FILL Permit Application Bob Bethel PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New >Y t _. w-\ �Q 6 SEp 3��tNS ��pt�1P PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 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. j/ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This age obj to the project for reasons described in the attached comments. Signed Date � l 3 91: P.O. Box 27687, N �«,FAX 919-733-1495 Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 M77 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: SUBJECT: APPLICANT: John Parker, Jr. Major Permits Processing Coordinator 1, A WAA [DEHNFR EA CAMA/DREDGE & FILL Permit Application Review Ec EO OCT 2 1996 cll;SiAL ►AANAGEAAE%1 PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co. PROPOSED PROJECT: To construct a pier w/gazebo and floating dock, excavation, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 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. X, 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 L ' f r P.O. Box 27687, N7`�C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Acton Employer Voice 919-733-2293 r>?T+Tt!*!r! 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director September 3, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator E:)EHNR SUBJECT: CANWDREDGE & FILL Permit Application Review APPLICANT: Bob Bethel PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co. PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24, 19%. 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. L�-� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. T ' ens jests to the p''ro1ject for reasons described in the attached comments. Signed W Date -ti LCt P.O. Box 27687, �"' FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N�.� C 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 September 3, 1996 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator ED E I-H N FR SUBJECT: CAMA/DREDGE & FILL Permit Application Review �v—J APPLICANT: Bob Bethel PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co. PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 24,1996. 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. Datel0 P.O. Box 27687, N%*;*�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 rsrzwr+' a 50% recycled/10% post -consumer paper State of rth 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: Proposed Project: August 26, 1996 Ann Hines, LPO New Hanover County AjML EDEHNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bob Bethel 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County Construction of a pier with gazebo and floating dock system, excavation of the area around the docking system and an access channel to the AIWW Please indicate below your agency's position or viewpoint on the proposed project and return this form by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: ,K� 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 ( Z R DATE REC NEO SEP 411996 CLtP'SM MANAGEMENT 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 15:i6 USAGE —Reg, Branch- 14 2 '1- October 15, 3996 Regulatory Branch Action ID No. 199606017 Mr. John. Parker Division of coastal Management North Carolina Department of Environment, Health, and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker; Reference the application of Bob Bethel for a Department of the Axey permit to dredge 4,500 square feet (0.103 acre) cf shallow Lottcm arou:;•.d a pier and gazebo with a floating dock system to be constructed in craa7vi__c Sound, at 305 Bradley Creek Point Road in wilmir.gton, Now Hanover county, North Carclina. The Federal agencies have completed review of ti•e proposal ae presented by the application and your field investigation report. We recommend chat the following condition(s) to included it the Stare auth:Drization: 1) All work authorized by this permit mist oe performed ir strict compliance with the permit plane. %) All excavated materials will he confined landward of t*e mean high water Mhw) slevaticn contour and any regularly or irregularly hooded vegetated wetlands within adequate dikes or other retainin7 struct�_-ea tc prevent spillover of solids into ary vegetated wetiande sr aurrcunding .aar.ere. 3) No excavated or f111 materials will he placed er, any time in any vegetated wetlands or waters. This includes the temporary placement of material in wetlands or waters. 4) No vegetated wetlands will be excavated. 5) Excavat-an will not exceed 5 feet below the elevat.::r of mear low water (MLW). 6) The permittee•e scheme cf development, of which the authorized work Is a Fart, contemplates the presence of structures and their attendant utilities on lands subject to an easement in favor of the Cnited States for the operation, maintenance, improvement, and ealarg6went of the Atlantic Intracoastal Waterway (AIww). Accordingly, the permittea will be required to remove such structures and improvements at his own exj:anae sn the event that, in the judgment of the U.S. Army corps of Engineers acting do behalf of the United SLatod, the lar.da are needed at any time for any purpose within the scope of t'•-.e easement. Permanent buiidinga will not be conetrueted withinthe easement. Jt^, tl°•v rQCOr �l5ti^aC; 1� 5-,�� ��i•Lr9 :1�wt "<^�rancn,- )p 3 i 7) This permit does not authorize the interference with any existing or proposed Federal protect, and the parmittee will rnt be ar,c.itled to compensation for damage or injury to the authorized structure or work which MAY be caused from existing or future operations undertaken by the united States in the public interest. 8) No attempt will be made by the permrlttae to l,reven_ the full and free uee by the public of all navigable waters at cr adjacent to the authorized work, Use of the permitted activity must not interfere with the public's right to free navigation on ail navigable waters of the United States. 9) The parmittee will maintain the authorized work in good condition and lr. conformance with the terms and conditions of tr.is pera.it. The permittes is not relieved of this requirement if he abandons the permitted activity without having it transferred to a t".rd party. 20) The aativity will be cc^ducted in sach a manner as to prevent m significant increase in turbidity outside the area of constru^.tic•n or construction -related discharge. Increases su::,; that the turbid;.ty in tre waterbody is 50 NTV's or less in all rivers nct desig::ated as trout watera ,.j the North Carolina Division of=nvironmental Management ;=EM:, 25 N:U'h -r leas in all saltwater classes and in all lakes and reservoirs, &nu —' NTC'a or lees in trout waters, are not considered significant. 11) This Department of the Army permit doom not obviate the need to nbtain other Fedora;, State, or local authorizations required by law. 12) This permit does not grant any property rights or exclusive privileges. 13) In issuing this permit, the Federal Government does not aeaume any liability for: a. Damages to the permitted project or uses thereof as a result of utner permitted or unpermitted activities or from natural causes. b, Damages t_ the permitted project or uses thereof as a result of current or future Federal activities initia.ed on behalf of the general public. C. Damages to other permitted or unpermitted a-tivi<.tea or structures caused by the authorized activity. wcrx. d, Design and construction deficiencies associated with the permitted e. Dam -Age claims associated with any future modification, si�spsneicn, or revocation of this permit. Question" or comments may he addressed to the undersigned at telephone (910) 251-4636. 2 Sincerely, a1 - United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 October 7, 1996 Lieutenant Colonel Terry R. Youngbluth District Engineer, Wilmington District U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 24802-1890 Attention: Jeff Richter Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service (Service) has reviewed the Field Investigation Report (FIR) and permit application for Action I.D. No. 199606017. The applicant, Bob Bethel, proposes to construct a pier and associated structures at his property adjacent to Greenville Sound and the mouth of Bradley Creek (thelothas about 150' of frontage), 305 Bradley Creek Road, near Wilmington, in New Hanover County, North Carolina. The structure will extend about 500' waterward of the plane of Ordinary High Water, stopping about 120' from the Atlantic Intercoastal Waterway (AIWW) channel. The structure includes a 492' x 6' pier, a 12' x 8' turnaround area (for a golf cart), a 16' x 16' gazebo, an L-shaped set of floating piers (311 x 4' waterward, then 15' x 3' northward), and a 15' x 20' boatlift within the "L." The plans specify that the pier will be elevated 7' to 10, above the substrate, but the FIR explains that this is probably incorrect. Additionally, a 601 x 601 basin and a 30' x 30' channel will be dredged from the AIWW to the docking facilities. Spoil disposal is not discussed in the FIR. The pier spans a large (about 4501 wide) belt of saltmarsh before crossing over open water. Neither the FIR nor observations indicate that submerged aquatic vegetation is present in significant quantities at this site. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). 1AAS iwn We recommend the applicant modify the proposed activities (1) by'�� eliminating the non -water dependant features (the turn -around and gazebo areas) from the pier. Further, permit conditions should xw^,(-d ensure that (2) the spoil is disposed of in an appropriate location_,t,�,� and manner, and (3) activities such as refueling or sewage disposal are prohibited on or near the subject facilities. 1� 7 The extensive surface area covered by the proposed system of docks and piers compared to the total lot size and frontage is worth noting. The proposal, assuming spoil disposal, will disturb an area of fish and wildlife habitat and public trust lands which is about half the size of the private lot. About six percent of the applicant's linear frontage will be taken up by the pier. We recognize that much of the proposed structure is required to minimize impacts to the wetlands which are being crossed, however, the cumulative impacts of structures of this magnitude being constructed on every 150' or so of shoreline could be enormous. This concern is not idle speculation on well -developed portions of shoreline. Excessive areal coverage by docks can cause localized adverse impacts to fish and wildlife resources. The question about the height of the pier above substrate should be resolved. While a ratio of height to width of over 1:1 is favorable for primary productivity (lower ratios create shaded zones with reduced productivity), the added height has adverse impacts since water falling from the structure creates high energy splash -zones. Vegetation and fine sediments, including organic matter, are quickly eroded from splash zones. The land surface in splash zones is removed from productivity. We also believe that extensive docks and piers have adverse impacts to the health and integrity of local populations of aquatic organisms. Many species of fish, for example, at certain life stages, are behaviorally cued to seek shelter in areas with complex horizontal and vertical covers. Docks, piers, and piles apparently trigger that cue, and abnormally high numbers of fish seek cover under and around such structures. This phenomena can be observed by comparing catch rates when fishing off of such structures versus catch rates when fishing off shorelines without docks or piers. The concern arises because such cover is overhead only, and the complex of horizontal and vertical structures that are associated with, say, submerged trees or aquatic beds of vegetation is non- existent. The organisms cued to find cover in such environments are over -abundant under docks and piers, and are extremely susceptible to environmental stresses such as disease, thermal sack, or anthropogenic contamination. This exaggerated vulnerability is a concern of the Service, and we believe that locally large areas of dockage pose an unquantified risk to aquatic organisms. This risk can and should be reduced by limiting the areal size of docks. We also note that turn-arounds and gazebos are normally considered non -water dependent structures. Non -water dependent structures are generally are not permitted. For the above reasons, we recommend that the gazebo and turn -around structures be eliminated from the design. This will ensure programmatic consistency and protect aquatic habitat. The spoil should be disposed of in an acceptable manner - that is, it should not be placed in a location where it can be suspended and mix with waters which support aquatic life. Suspended sediments are adverse to both motile and nonmotile aquatic organisms, and during certain periods, to terrestrial organisms dependant on aquatic habitat. Our concern about refueling and other activities is similarly based on the potential hazards associated with introducing contaminants into the aquatic environment. By limiting the locations where such activities may occur, the potential adverse affects of environmental contamination are spatially concentrated, allowing for more efficient monitoring and response. We appreciate this opportunity to comment on this permit application. If you have any questions or comments, please call Kevin Moody of my staff at (919) 856-4520 extension 19. Sincerely, rMohn. efnSupervisor cc: NCDCM, Raleigh, NC (John Parker) NCDCM, Wilmington, NC (Bob Stroud) NCWRC, Raleigh, NC (Frank McBride) EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn) NMFS, Beaufort, NC (Larry Hardy) FWS/R4:KMoody:KM/10/07/96:919/856-4520 ext.19:B:\KM-6017 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199606017 Mr. John Dorney Division of Water Quality North Carolina Department Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina Dear Mr. Dorney: September 18, 1996 of 27611-7687 Enclosed is the application of Bob Bethel for Department of the Army authorization and a State Water Quality Certification to dredge 4,500 square feet (0.103 acre) of shallow bottom around a pier and gazebo with a floating dock system to be constructed in Greenville Sound, at 305 Bradley Creek Point Road in Wilmington, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by November 18, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copy Furnished (without enclosure): / John Parker Di V/ Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 18, 1996 1 Regulatory Branch Action ID No. 199606017�CG�oJ P� C� Mr. Bob Bethel d� 212 Bradley Creek Road Wilmington, North Carolina 28403 Dear Mr. Bethel: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received August 27, 1996, for Department of the Army authorization to dredge 4,500 square feet (0.103 acre) of shallow bottom around a pier and gazebo with a floating dock system to be constructed in Greenville Sound, at 305 Bradley Creek Point Road in Wilmington, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MCA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. •- ti b. It is necessary for you to have taken all appropriate and practical steps to reduce wetland losses. Please show all that you have done, especially regarding development and modification of plans and proposed construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by &&today+14&&. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199606017. It will be coordinated by the undersigned in our Wilmington Field Office. Should you have any questions, please contact me at telephone (910) 251-4636. Enclosure Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office 2 Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX Ieeo 5O WIIMINGTON, NORTH CAROLINA 28402-IWO �. RaYTO ArrENnON OF Se-0 1 t Ig4(p Regulatory Branch Action ID. I "t'Tnn6u ok-1 Applicant �o� ��'�'4•w1 Waterway Gr"�V;tkC Sew^ County%e+wv.� Type Work AIWk,J Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 I` 1 b SA-i o'3d W Min Regional Office Division Coastal Management North Carolina Department of Environment, Health and atura Resources �',lm.�s�ov _ NL SEPc13ta� MANAGE:"`V', Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general agreement, a State Field Investigation Report is enclosed. Your recommendations would be appreciated on or before �) Questions or comments may be addressed to J Zi� 11,�c�-Ecr Regulatory Branch, m. +�� Field Office, telephone (Ito) q,51, 1-A636 Sincerely, Enclosure J�-e�afJ'f�`re�'y H. Richter Project Manager Wilmington Regulatory Field Office } DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bob Bethel 2. LOCATION OF PROJECT SITE: Adjacent to Greenville Sound approximately .15 mile north of the mouth of Bradley Creek; the street address is 305 Bradley Creek Rd.in New Hanover Co. Photo Index - 1995: 22-254; 3-I, J, K 1999: 174-4; 7 - R, S, T State Plane Coordinates - X: 2356850 Y: 169600 3: INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/31/96; 8/8/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 8/23/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned - None (F) Type of Structures: Existing - None Planned - Pier, Dock, Basin (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] -DREDGED FILLED OTHER (A) Vegetated Wetlands Snartina alterniflora mixed with Juncus roemerianus 2700 sf (B) Unvegetated Wetlands (C) Other - Open Water 761 sf Shallow Bottom 4500 sf High Ground 30,000 sf (D) Total Area Disturbed: 37961 square feet (E) Primary Nursery Area: No ' (F) Water Classification: SE Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a pier with gazebo and floating dock system, excavating the area around the docking system and an access channel to the AIWW. Bob Bethel August 26, 1996 9. PROJECT DESCRIPTION 8/26/96 The project site is located at 305 Bradley Creek Rd. in New Hanover County. This is adjacent to the AIWW approximately 800' north of the mouth of Bradley Creek. The community is residential. Water access on the waterway side of this development has been difficult and expensive because of the expanse of marsh to cross. Consequently, there are only two piers along this shoreline, and the property to the north has a dredged basin and channel through the marsh. The project site is a 1.2 acre lot, with approximately 150' of water frontage, averaging 6' above mean sea level. The waters of Bradley Creek and the AIWW at this point are classified SB by the Division of Environmental Management. The area is not designated as a Primary Nursery Area, and is closed to the taking of shellfish. The New Hanover County Land Use Plan classifies the project area as Conservation. The applicant has proposed to construct a pier with gazebo, a boat lift with floating docks, and a boat basin with access channel to the AIWW. Application of the legal riparian corridors as they are defined 90° from the channel would force this corridor directly across the grandfathered basin to the north. Therefore, it was determined that the corridors should follow property line extensions until the marsh gives way to open water. At this point, the corridor will turn to be aligned perpendicular to the channel. The pier recently constructed to the south of this (Charles Hunter) also wasaligned in this manner so as not to preclude the use of the existing access channel. The applicant's proposal is to construct a pier, 492' x 6', with a 12' x 8' turn around area for a golf cart, a 16' x 16' gazebo, and a floating dock system with a boatlift. The applicant states the pier to be 500' in length, but this is because he is counting the pier length through the turn around deck. There are two floats associated with this system; the 4' x 31' float extends waterward from the gazebo, and the 3' x 15' extends northward from the other, forming an "L" configuration. The 15' x 20' lift lies within this "L" to the north. There are to be two mooring pilings to the south of the docks, creating another mooring space. The pier is proposed to be elevated approximately 7' to 10' above substrate, however, this detail in the platwork is probably an oversight. The proposed structure crosses approximately 450' of Snartina alterniflora mixed with Juncus roemerianus. It extends another 42' into the body of water, where it becomes an open deck, and gazebo. The entire project extends approximately 111' into the open body of water, terminating approximately 120' from the edge of the AIWW. The body of water at this point is approximately 640' across. Soundings at the terminus indicate approximately -3.5' mlw. The applicant proposes to excavate a basin, 60' x 60' around his docking system. A channel, 30' x 30' would connect this to deeper water. The proposal is to remove approximately 450 cubic yards of material from this area to reach a water depth of -5' mlw. This is the current waterdepth shown at the end of the proposed channel. The bottom composition in this area is Primarily sand and shell. There is little evidence of shellfish. The material is to be removed by clambucket to barge, and carried to a spoil island at channel marker 129. A 100' x 300' area on this island has been dedicated for this spoil, to be contained by a berm and silt fencing. The island is owned by Shore Acres Company, and a letter is on file authorizing its use. The section of the island to be utilized is outside of the Corps of Engineers AIWW right - of - way. 10. ANTICIPATED IMPACTS The project as proposed will shade approximately 2700 square feet of coastal marsh and will incorporate approximately 761 square feet of Public Trust Waters. The excavation will disturb a bottom area of approximately 4500 square feet, and will utilize approximately 30,000 square feet of high ground area for spoil disposal. The excavation terminates approximately 80' from the AIWW. Because of the high level of boating activity in this area, it should be anticipated that the mouth of the channel will shoal, creating a basin with poor tidal interchange. Turbidity increases can be expected during excavation. Submitted by: T. Barrett Date: 8/26/96 Office: Wilmington State of North Carolina Department of Environment, Health and Natural Resources F."A Wilmington Regional Office Division of Coastal Management tip• James B. Hunt, Jr., Governor p E H N F1 Jonathan B. Howes, Secretary Roger N. Schecter, Director August 26, 1996 Bob Bethel 212 Bradley Creek Rd. Wilmington, North Carolina, 28403 Dear Mr. Bethel: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to Greenville Sound north of Bradley Creek at 305 Bradley Creek Rd. It was received completed on August 23, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 5, 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 epublic 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, T.� T. Barre Field Representative Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Jeff Richter, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER_FORM Name Of Individual Applying For Permit:, Address Of Property: or Street ¢, Street or Road, City & Coun I hereby certify that I own property adjacent to the above - referenced property. The individual applying for this permit has describ!be/p/ovided d to m as shown on the attached drawing the development they arpr'sing. A description or drawing, with dimensiWs, should with this letter. I have no objections to this proposal.Jli JULU2 5 1996 WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift/oriparian ndbags must be set back a minimum distance of 15' from my areaccess unless waived by me. (If you wish to waive ttback, you must initial the appropriate blank below.) I do wish to waive the 151setback requirement. I do not wish to waive the 151setback requirement. epnone Number With Area —;z z — Date Bly� C) FEE HNFR UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS • Print your narpe;addres`Y and ZIP Codg-ip this box • i996 �._. IIIIIIIIIII JIII ifIiIMidi nln111111.1]1I'11I11111Ilnl..M a ovv�n. •Complete items 1 and/or 2 for additional services. 18150 Wleh to receive the •Complete items 3, 4a, and 4b. following services (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the from of the malpiece, or on the back if space does not 1, ❑ Addressees Address Permit. •Wnte"Refum Receipt Requssfed'on the mailpiece below the article number. p. ❑ Restricted Delivery •The Return Receipt will show to whom the aside was delivered and the date delivered. Consult postmaster for fee. e ♦w:..i.. ew.........,.w ....I Ae 4rtinln IJmAnr (=,3 G ❑ Registered Certified. ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 7. Date of Delivery y and fee is paid) , December rn UNITED STATES POSTAL SERVICE • Print your narks -�, \ �,µ�11.4 �`�P , �LLE Y� _t i �7i ly .. mAtbo.pjio address; and ZIP Code in this box • ` 1.1 03 o SENDER: v_ • Complete items 1 and/or 2 for additional services. W -Complete items 3, 4a, and 41b. I also wish to receive the following services (for ain a aPnm your name and address on the reverse of this form so that we can return this extra fee): card to you. > •Attach this form to the horn of the mailpiece, or on the back d space does not 1. ❑ Addressee's Address m perms. y s Wnte'Retum Receipt Requested' on the mailpiece below the article number. p. ❑ Restricted Delivery c •The Return Receipt vnll show to whom the article was delivered and the date delivered. Consult postmaster for fee. 0 g 3. Article Addressed to: 4a. 'cle Number 3o(o // 39G Eo' 4b. Service Type .. L ❑ Registered p�stl `V ❑ Express Mail ❑Insurured ❑ RetumReceiptfor Merchandise ❑ COD 7. Date of Delive V/- 5. Receivedt Bye (Pnn-W /ygme , � �l 8. Addressee's Address (Only if requested and fee is paid) C t ld see pf Agent 6. Siiggnal re: (A resssILJ D e PS Form 3811, December 1994 r Domestic Return Receipt DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION MAIVER.FORM Name Of Individual Applying For Permit: :B,b Address Of Property: 30S �lwr�y 6Yi.Fs A - ui •ln,,, L*4 IVaS`Yo3 (Lot or Str et f, Street or Road, City & County, I hereby certify that I own property adjacent to the above - referenced property. The individual applying for this permit has described to me as shown on the attached drawing the develo ment they are pr posing. A description or dra 'ng, with dimensi s, should be rovided with this letter. I have no objections to this pr alLI) JUL 2 b 1996 WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15, from my area of riparian access unless waived by me. (If you wish to waive the etback, you must initial the appropriate blank below.) %s I do wish to waive the 15'setback requirement. I do not wish to waive the 15'setback requirement. . J r-llSM SigturR /1 Y Date J0.KclVa 7-. Kt{-1 �qer Telephone Number With Area Code ED F—= BETHEL & COMPANY, INC. 's'# :G>.r :k;,n.3;@?i#5'33`A::N... ::a:F»�aiz;:RdiFd:c 1318 Airlie Road June 14, 1996 Wilmington, North Carolina 28403 To Whom It May Concern: IJ U L 2 5 1996 D DIVISION OF COASTAL MANAGEMENT Carolina Marine Construction is authorized to draw the major CAMA permit and make any amendments necessary for 305 Bradley Creek Point Road. IN WW ob Bethel (910) 256-3975 BEfCO INC @aol.com Fax (910) 256-6327 1 F UU ur,a STA4OF NORTH CAROLINA COUNTY OF New Hanover i995 0886 \�o� DEED OF TRUST AND SECURITY AGREEMENT (PERMANENT LOAN) (COLLATERAL IS OR INCLUDES FI)(TURES) THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust") is made and entered into as of this 1st day of March ,1996,byandbetween R -B ethel and wife Jean A. Bethel whose address is 305 Bradley Creek Point, Wilmington, NC (hereinafter called the "Grantor" whether one or more in number, a corporation, partnership, or an individual), and CB Services Corp. ,as Trustee (hereinafter called the 'Trustee"), and CENTURA BANK, a North Carolina banking corporation, whose principal office address is 134 North Church Street, Rocky Mount, North Carolina, 27804 (hereinafter called the "Beneficiary"); WITNESSETH, WHEREAS, the Grantor is indebted to the Beneficiary in the sum of Three Hundred Thirty -Seven Thousand Five Hundred and No/ 100------------Dollars (s 337 ,500. 00 ), as evidenced by its note dated March 1 19 96 (hereinafter called the "Note"), which Note may contain provisions for the adjustment of the interest rate, adjustments in the payments, extension or renewal of the term, among other things, the terms of which are incorporated herein by reference and the final date for payment of which, if not sooner paid and if payment thereof is not extended, is March 1, ,19 99; AND WHEREAS, the Grantor desires to secure the payment of the Note with interest, and any extensions, renewals, modifications or amendments thereof, or substitutions or replacements therefor, in whole or in part, the payment of all other sums, with interest thereon, advanced in accordance with the Note or herewith to protect the security of this Deed of Trust or to protect the rights of the Beneficiary under the Note or hereunder and to secure the performance of the covenants and agreements of the Grantor contained in the Note and herein, by a conveyance of the lands and a grant of the security interests hereinafter described; NOW, THEREFORE, in consideration of the premises and for the purposes aforesaid, and in further consideration of the sum of One Dollar ($1) paid to the Grantor by the Trustee, receipt of which is hereby acknowledged, the Grantor has given, granted, bargained, sold and conveyed, and by these presents does give, grant, bargain, sell and convey unto the Trustee, his heirs, successors, and assigns the following described parcel of land and all improvements now or hereafter located thereon, lying and being in _ Township, New Hanover County, State of North Carolina, and more particularly described as follows: (Description) SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREICI Z 11CI J +UVj IT—Ki D Z, JUL 2 5 1996 000205 DIVISION OF !!�* COASTAL MANAGEMENT RCCORDED AND VERIFIED IdARY SUE DOTS REGISTER OF DEEDS NEW HANOVER CO. NC '96 A9.9 1 PM 9 12 CL30 Such parcel of land together with all structures, buildings and other improvements (hereinafter called the'lmprovemeres"), now or hereafter located thereon being hereinafter called the "Properly." TOGETHER WITH all fixtures, equipment and other articles of personal property now owned by the Grantor and located in or upon the Property, or hereafter acquired and located thereon and used in connection with the operation and maintenance of the Property (hereinafter called the "Collateral"). TO HAVE AND TO HOLD the Property and Collateral, with all the rights, privileges, and appurtenances thereunto belonging or appertaining to the Trustee, his heirs, successors and assigns, in fee simple forever, upon the trusts and for the uses and purposes hereinafter set out; And the Grantor covenants with the Trustee that it is seized of the Property and Collateral in fee and has the right to convey the same in fee simple: that title is marketable and free and clear of all encumbrances; and that it will warrant and defend the title to the Property and Collateral agai viallbwful claims of all pots Ehomscever except for the exceptions hereinafter slated: I f. THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the Grantor shall pay the Note in accordance with its terms, together with interest thereon, and any renewals, ';� extensions, modifications, amendments, substitutions or replacements thereof in whole or in part, shall pay all sums advanced under the Note or hereunder to protect the security of this Deed of Trust or the rights of the Beneficiary, together with interest thereon, and shall comply with all the covenants, terms and conditions of the Note and thisc' i;796 3 Deed of Trust, then this conveyance shall be null and void and may be cancelled of record at the request and at the cost of the Grantor. JUL 2 Section 1. EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall constitute an Event of Default hereunder: (a) The Grantor's failure to pay when due the principal of and interest on the Note or any other sum due under the Note; flat The Grantor's breach of any of the terms, conditions or covenants contained in this Deed of Trust; DIVISION OF (c) The actual or threatened demolition. injury or waste to the Property or Collateral which may impair its value; (,U�STAL MANAGEMENT (d) The appointment of a receiver for, or the filing of a petition of bankruptcy by or against, the Grantor; (a) The Grantor's default in or breach of any of the terms, conditions, covenants or agreements contained in any separate assignment of leases given as additional security for the loan; (f) The Grantor's default under the terms of any instrument to which this Deed of Trust is subordinate or which is subordinate to this Deed of Trust; (g) Default by the Grantor in keeping, performing or observing any term, covenant, agreement or condition of Ilse Commitment, if any, upon which the loan hereby secured was predicated, or default by the Grantor under any separate loan agreement or other agreement executed concurrently with the execution and delivery of this Deed of Trust, including, without limitation, any agreement containing provisions relating to the rights of the Grantor to receive future advances from the Beneficiary, the repayment of which is intended to be secured by this Deed of Trust; and Ih) False statement, misrepresentation or withholding facts by Grantor in any loan application or other instrument provided by Grantor to Beneficiary or its agents as to any matter relied upon by Beneficiary in evaluating whether to extend financing to the Grantor. Section 2. REMEDIES UPON DEFAULT. Upon the occurrence of an Event of Default, the Beneficiary and Trustee shall have the following rights and remedies: (a) The Beneficiary shall have the right, at its option, to declare all amounts payable under the Note to be immediately due and payable, whereupon the same shall become immediately due and payable, regardless of the maturity date thereof. (b) On the application of the Beneficiary, if the Beneficiary shall have declared the outstanding principal balance of the Note to be immediately due and payable, the Trustee shall be obligated, and is hereby authorized and empowered, to expose at one or more sales and sell the Property at public auction(s) for cash and the Collateral, if any, at public or private salels) for cash, after first having complied with all then applicable requirements of North Carolina law. Upon such sale(s), the Trustee shall convey title to the purchaser in fee simple. The Beneficiary shall have the right to bid at any sale thereunder. The Trustee may require the successful bidder at any sale to deposit immediately with the Trustee cash or certified check in an amount not to exceed twenty-five percent (25%) of the bid. provided notice of such requirement is contained in the advertisement of the sale. The Trustee may reject the bid if the deposit is not immediately made, and thereupon the Trustee may declare the next highest bidder to be the Purchaser. Such deposit shall be refunded in case a resale is had; otherwise, it shall be applied to the purchase price. If Collateral is sold hereunder, it need net be at the place of sale. The published notice of public sale, however, shall state the time and place where the Collateral may be inspected prior to sale. In the event a proceeding to exercise the power of sale contained herein is begun but not completed, the Grantor shall pay all expenses incurred by the Trustee and a partial commission computed as follows: one-fourth of the hereinafter -specified commission prior to the Trustee's issuance of a notice of hearing on ilia right to foreclose and one hall of the hereinafter specified commission after the issuance of such notice and prior to a sale. Such expenses and partial commission may be paid by the Beneficiary on behalf of the Grantor but, in any event, shall be secured by this Deed of Trust. The foregoing shall in no way be construed to limit the powers of sale or restrict the discretion the Trustee may have under the provisions of Article 2A of Chapter 45 of the General Statutes of North Carolina, as the same may be from time to time amended, or such other laws as the Beneficiary or Trustee may be proceeding under, including the Ism relating to judicial foreclosure if such is determined to be either the necessary or appropriate process to follow in foreclosing on the lien of this Deed of Trust. Each legal, equitable or contractual right, power or remedy of the Beneficiary or Trustee now or hereafter provided herein or by statute or otherwise shaft be cumulative and concurrent and shall be in addition to every other right, power and remedy. The exercise or beginning of the exercise of any one or more of such rights, powers and remedies shall not preclude the simultaneous or later exercise of any or all such other rights, powers and remedies and without limiting the foregoing, the Trustee may sell the Properly and Collateral separately or together, as a whole or in parts or parcels, at one or more sales conducted at different times and places. (c) The Beneficiary shall have the right to collect rents, issues, profits and revenues according to the terms of Section 8 hereof. (d) It the Grantor and the Beneficiary have contemporaneously entered into a building loan agreement or any other agreement by any other designation containing remedies exercisable by the Beneficiary upon the occurrence of an Event of Default thereunder, then the Beneficiary shall be entitled to exercise such rights and remedies as are contained in such separate agreement. The Beneficiary shall have the right to the appointment of a receiver to collect the rents and profits from the Property and Collateral without consideration or the value thereof or the solvency of any person liable for the payment of the amounts then owing. The Beneficiary at its option, in lieu of an appointment of a receiver, shall have the right to do all those things the receiver could have done. If such receiver should be appointed, or if there should be a sale of the Properly and Collateral by foreclosure. as provided above, the Grantor or any person in possession of ilia Property and Collateral, as tenant or otherwise, shall become a tenant at will of ilia receiver or of the purchaser and may be removed by a writ of ejectment, summary ejectment or other lawful remedy. (a) The exercise by the Beneficiary of any right or remedy granted to the Beneficiary or Trustee in law or equity, or by this or any other document shall not be deemed an irrevocable election of remedies thereby precluding the Beneficiary or the Trustee from exercising or pursuing any other right or remedy granted to the Trustee or the Beneficiary under this or any other document or at law or in equity. All remedies contained herein or in any other separate agreement executed contemporaneously with the execution of this Deed of Trust are intended to be cumulative. Section 3. APPLICATION OF PROCEEDS. Proceeds derived from the exercise of either the power of sale or the collection of rents and profits shall be applied to pay, first, costs and expenses, including the Trustee's commission in the amount of five percent 15%) in the event of sale, reasonable attorney's fees for legal services actually performed, and reasonable auctioneer's fees if such expenses have been incurred and any other expenses or advances made or incurred in the protection of the rights of the Trustee or in the pursuit of any remedy hereunder; second, to taxes and assessments due and unpaid, if the Trustee deems it appropriate to do so; third, to the payment of any indebtedness (including principal and interest on the Note) secured by this Deed of Trust; and fourth, the balance, if any, to the person or persons entitled thereto. Section 4. PAYMENT OF AMOUNTS DUE UNDER THE NOTE. The Grantor covenants and agrees that it will pay when due the principal and interest on the Note or any other sum due under the Note. Section 5. PAYMENT OF TAXES, ASSESSMENTS AND OTHER AMOUNTS; MAINTENANCE OF INSURANCE. (a) The Grantor covenants and agrees that it will pay when due, all taxes, assessments, levies and charges upon or against the Properly and Collateral, of every character which are now due or which may hereafter become liens thereon, including all taxes assessed in North Carolina against the Trustee or the Beneficiary on this instrument or the sum hereby secured or evidenced by the Note, provided the amount of such latter lazes with the interest on the sum hereby secured does not exceed the maximum contract rate permitted by law, but if it roes, the excess to he paid by the Beneficiary; and immediately deliver to the Beneficiary official receipts therefor. The Beneficiary may, at its option, pay any such taxes, assessments, levies, or charges against the Property or Collateral, and the official receipts therefor shall be conclusive evidence of payment, the amount due and validity thereof. Any amounts so expended shall immediately become debts due by the Grantor payable on demand, shall bear interest at the rate specified in the Note secured hereby, and their payment shall be secured by this Deed of Trust. (b) The Grantor covenants and agrees that it will keep the Improvements and Collateral now or hereafter on the Properly insured against loss and damage by lire, tornado and windstorm, and against such other hazards as the Beneficiary may require, including business interruption (it required by the Beneficiary), in amounts satisfactory to the Beneficiary, plus an amount sufficient to prevent any co-insurance liability of the owner of the Property or the Beneficiary, for the benefit of the Beneficiary, loss, if any, to be made payable in the policy or policies of insurance to the Beneficiary as its interest may appear, the loss payable clauses to be in such form as the Beneficiary may require. All Insurance shall be in companies approved by the Beneficiary and the policies and renewals thereof shall, when issued, be immediately delivered to the Beneficiary to be held by it and all Insurance policies shall provide for at least ten 110) days prior written notice of cancellation to Beneficiary. The Grantor will pay all premiums for such insurance when due and immediately deliver to the Beneficiary official receipts therefor. In the event of loss, the Grantor will give immediate notice by mail to the Beneficiary, who may make proof of loss if not made promptly by the Grantor. Each insurancecompanyconcerned is hereby authorized ands irected to make payment of such lossi irectly to ilia Beneficiary, instead of to the Grantor and the Beneficiary jointly. The proceeds of any insurance, or any part thereof, may be applied by the Beneficiary, at its option, either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. If the Grantor fails or refuses to keep such properly so insured, the Beneficiary may obtain such insurance without prejudice to its right to foreclose hereunder by reason of such default. The Beneficiary may, at its option, pay any such insurance premiums. The official receipt for such payment shall be conclusive evidence of the payment, the amount due and the validity thereof. Any amounts se expended shall immediately become debts due by the Grantor, shall bear interest at the rate specified in the Note secured hereby, and their payment shall be secured by this Deed of Trust. (c) If required by the Beneficiary, the Grantor agrees that in addition to payments of principal and interest called for by the Note, ilia Grantor shall pay on the first day of each month, or on the due dale of monthly payments of principal, to the Beneficiary or to its duly authorized agent a sum equal loon -twelfth of the known or ostimatadlby the Benohiawy) yearly taxes, assessments and insurance premiums on or against the Property and the Collateral. The Beneficiary shall be under no obligation to pay interest on such payments. The Beneficiary shall hold and apply such payments to the payment of taxes, assessments and insurance premiums as and when due, II the total of such monthly payments shall exceed the amount needed, the excess shall be held for future needs; but, should such monthly payments at any time fail to provide sufficient funds to pay taxes, assessments and insurance premiums when due, then the Grantor shall, upon written demand, pay to the Beneficiary within ten I10) days of receipt of such dernand the amount nexcessay tocover the deficiency. When the Grantor shall have paid the Note, the Beneficiary shall refund to the Grantor any excess funds accumulated hereunder. In the event of a foreclosure sale, the Beneficiary may apply any balance remaining of the funds accumulated for the above purposes to the payment of the Note. Section 6. MAINTENANCE OF THE PROPERTY. The Grantor covenants and agrees that it will not commit or permit any waste to the Properly or Collateral, and will keep the Property and Collateral in as good order, repair, and condition as it is new. reasonable wear and tear excepted. The Beneficiary shall have the right to inspect the Property and Collateral at all reasonable times. and access thereto shall be permitted for that purpose to it or its authorized agents. Such inspection may include, but not be limited to, such investigation as Beneficiary in its sole discretion believes necessary to determine the nature and extent of any actual or potential environmental risks, changes, Ilabilities or contaminauoo relating tothe Property. In the event that such investigation reveals any matter constituting a breach of representation or warranty made by Granter to Beneficiary, then the costs of such investigation shall be reimbursed to Beneficiary by Grantor. Section 1r. ANNUAL STATEMENTS. The Grantor covenants and agrees that it will furnish to the Beneficiary when required as a condition of the loan or otherwise requested by Beneficiary and without cost to the Beneficiary: (a) an annual statement, in form and certified in a manner satisfactory to the Beneficiary, setting forth all income and expenses derived or incurred from the operation of the Grantor's business conducted on the Property and the operation of any Improvements or Collateral situate thereon within ninety 190) days from the end of the calendar or fiscal year of such operations,and tb) within ninety (go) days of the end of each fiscal year the financial statements tin form and certified in a manner satisfactory to the Benficiaryl of the Grantor, arid each of the guarantors or enclosers. it any, of the indebtedness hereby secured. Section 8. ASSIGNMENT OF RENTS, LEASES AND PROFITS. (a) As further security for the payment of the Note and for the faithful performance of all the covenants, agreements, terms and provisions of this Deed of Trust, the Grantor hereby sells, transfers and assigns unto the Beneficiary all the Grantor's right, title and interest in and to the rents, issues, profits, revenues, royalties, rights and benefits from the Property. To that end, the Grantor hereby assigns and sets over unto the Beneficiary all leases of all or a part of the Property now made, executed or delivered, whether written or verbal, or to be hereafter made, whether written or verbal (hereinafter referred to individually and collectively asTemants' Leases•'). The Grantor hereby authorizes and empowers the Beneficiary to collect these rents, issues, profits, revenues, royalties, rights and benefits as they shall become due and hereby directs each and all of Ilia tenants of the Properly to pay such rents, as may now be due or shall hereafter become due, to the Beneficiary, upon demand for payment thereof by the Beneficiary. No such demand shall be made unless and until there has been a default under the Note m the occurrence of an Event of Default under this Deed of Trust. Until such demand is made, the Grantor is authorized by the Beneficiary to collect or continue collecting such rents, issues, profits, revenues, royalties, rights and benefits; provided, however, the Grantor shall not collect any rents more than two months in advance without the prior written consent of the Beneficiary. . (b) The Grantor covenants and agrees: (I) that it will promptly and fully keep, perform and comply with all the terms,provisions,covenants, conditions and agreements imposed upon or assumed by it as landlord (or similar designation) under the Tenants' Leases, and (III that it will not do, permit anything to be done, or omit or refrain from doing anything, the doing or omission of which will give any tenant a right to terminate any of the Tenants' Leases. (c) If the Grantor lihall, in any manner, fail in any of the above covenants alf d aQee®et. the Beneficiary m& (f�t s&I not be obligated to) lake any action the Beneficiary deems necessary or desirable to prevent or cure any default by the Grantor in the perfermdoc of compliance wi any the Grantor's covenants or obligations under any of the Tenants' Leases. Tlya Beneficiary shall have the right to enter upon the Property to such extent and as often as the Beneficiary, in it sole discretion, deems necessary or desirable in order to prevent or cure any such default by the Grantor. The Beneficiary may expend such sums of money as the Beneficiary, in its sole discretion, deems necessary for any such purpose. The Grantor hereby agrees to pay to the Beneficiary, immediately upon demand, all sums so expended by the Beneficiary, together with interest thereon from the dale of each such payment at the rate provided for in the Note. All sums so expended by the Beneficiary, and the interest thereon, shall be secured by this Deed of Trust. The Grantor will give the Beneficiary immediate notice by certified mail of any notice of default or notice of cancellation received from any tenant. Section 9. CONDEMNATION. Upon the condemnation of the Property or any part thereof, the entire unpaid balance of the Note shall, at the option of the Beneficiary, at once become due and payable. Any award paid for such taking is hereby assigned to the Beneficiary to further secure the payments due under the Note. The Beneficiary is hereby authorized and empowered (but not required) to collect and receive such award and is authorized to apply it in whole or in pan in reduction of the then outstanding debt secured by this Deed of Trust, notwithstanding the fact that the debt may not then be due and payable. Any amounts so applied to principal shall be applied to the principal last maturing hereon. The Grantor agrees to execute such further assignments of any such awards as the Beneficiary may require. Section 10. SALE OR TRANSFER OF PROPERTY; JUNIOR LIENS. It all or any part of the Properly, many interest or estate therein, is said, further encumbered or otherwise transferred by Grantor (including without limitation by way of mortgage, deed of trust, or declaration of trust) without the Beneficiary's prior written consent, the Beneficiary at its option may declare the whole sum secured by this Deed of Trust with interest thereon to be immediately due and payable without regard to the date of maturity of the obligation to pay any such sum; provided, however, that the Beneficiary may waive this right of acceleration and permit the assumption of the obligations secured hereby on such terms and conditions, specifically including, without limitation, an increase in the interest rate charged under the Note, and the payment of fees. as it may deem appropriate. If the Grantor is a corporation with thirty-five (35) or fewer shareholders, the aggregate transferfs) of voting shares in the Grantor whereby persons or entities not owning on the date hereof, singly or in the aggregate. 50%or more of the voting shares of such Grantor, become the owner(s), singly or in the aggregate, of 50% or more of such voting shares, shall be deemed a sale of the Property for the purposes of this Section; if the Grantor is a limited or general partnership, any change in general partnership interestfs) in the Grantor shall be deemed a sale of the Property for the purposes of this Section; provided, however, no change in general partnership interest(s) or transfer of voting shares occasioned by devise, descent or operation of law upon the death of a shareholder or a general partner, as the case may be, shall constitute a sale of the Property for the purposes of this Section. The Grantor hereby covenants to give the Beneficiary notice by certified mail of any sale, further encumbrance or transfer of the Property, as contemplated by this Section, within ten (10) days after the occurrence of such sale, further encumbrance or transfer. Section 11. SECURITY AGREEMENT. (a)This Deed of Trust shall constitute a security agreement with respect to all Collateral of the Grantor now owned or hereafter acquired and located upon the Property and used in the operation and maintenance of the Improvements. The Grantor hereby grants to the Beneficiary a security interest in the Collateral including, without limitation, all boilers. all healing, air conditioning and ventilating components and systems, all lighting, electrical power, plumbing, sprinkler and water components and systems, all carpets, wall coverings, screens and drapes, all mechanical and hydraulic components and systems and all appliances (including stoves, ranges, refrigerators, disposals, dishwashers, washers and dryers, trash compactors and similar appliances) located on and used in connection with the operation or maintenance of the Improvements. (b) With respect to those items of the Collateral which are or are to become fixtures related to the Property, this Deed of Trust shall constitute a financing statement filed as a fixture filing. The lien upon fixtures granted herein and perfected hereby shall be in addition to and not in lieu of any lien upon fixtures acquired under real property law. Section 12. HAZARDOUS MATERIALS. (a) Grantor represents and warrants that, to the best of Grantor's knowledge, after due inquiry and investigation, (i) there are no Hazardous Materials (hereinafter defined) on the Property, except those in compliance with all applicable federal, state and local laws, ordinances, rules and regulations, and (i) no owner or occupant nor anyprim owner or occupant of the Properly has received any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous Materials on, from or affecting the Property. Grantor covenants that the Property shall be kept free of Hazardous Materials, and neither Grantor nor any occupant of the Property shall use, transport. store, dispose of or in any manner deal with Hazardous Materials on the Property, except to the extent that such use, transport, storage or disposal shall be necessary and proper for the Grantor to use the Property and carry out the activities set forth in the loan application, commitment letter, if any, or any separate loan agreement or other agreement executed concurrently with this Deed of Trust, provided that such use, transport, storage, disposal or handling of Hazardous Materials on the Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. Grantor shall not, without prior notice to Beneficiary, engage in any use or activity on the Properly which results in initial use or increased use, as the case may be, of Hazardous Materials on the Property which were not disclosed to the Beneficiary or described in the loan application, commitment letter, if any, or separate lean agreement or other agreement executed concurrently with this Deed of Trust. Grantor shall comply with, and ensure compliance by all occupants of the Property with all applicable federal, slate and local laws, ordinances, rules and regulations. and shall keep the Property free and clear of any liens imposed pursuant to such taws, ordinances, rules or regulations. In the event that Grantor receives any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous Materials on, from or affecting the Property, Grantor shall immediately notify Beneficiary. Grantor shall promptly conduct and complete all investigations, studies, sampling, and resting, and all remedial actions necessary to clean up and remove all Hazardous Materials from the Property in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. Grantor further covenants that it will promptly notify Beneficiary of any discharge or release of Hazardous Materials on, from or affecting the Property or of any change in the nature or extent of any Hazardous Materials, substances or wastes maintained on, in or under the Properly or used in connection therewith, and will transmit to Beneficiary copies of any citations, orders, notices or other communication received with respect to any other Hazardous Materials, substances, wastes or other environmentally regulated substances affecting the Properly. The term "Hazardous Materials" as used in this Deed of Trust shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, polychlorinated biphenyls or related or similar materials, asbestos or asbestos -containing -materials or any other substance or material defined as a hazardous or toxic substance or material by any federal, slate or local law, ordinance, rule, or regulation. Grantor's violation of any covenant, representation, or warranty within this Section shall be an Event of Default, and Beneficiary may pursue all rights and remedies to which it is entitled as set forth in this Deed of Trust. (b) Grantor shall protect,defend, indemnify and save harmless Beneficiary and the Trustee from and against all liabilities, obligations, claims,damages, penalties, causes of action, response and cleanup costs, and other costs and expenses (including without limitation reasonable attorneys' fees and expenses), imposed upon or incurred by or asserted against Trustee or Beneficiary by reason of (i) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release or threatened release of any Hazardous Materials (as defined above in this Section) on, from, or affecting the Properly or any other property; (a) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials; or (iv) any violation of laws, orders, regulations, requirements, or demands of government authorities which are based upon or in any way related to such Hazardous Materials, including, but not limited to, the following laws: the Comprehensive Environmental Response, Compensation, and Liability Act; the Resource Conservation and Recovery Act: the Clean Water Act; ilia Toxic Substances Control Act; Coastal Area Management Act, N.C.G.S. 113A-113 el. seq.; Solid Waste Management Act, N.C.G.S. 13OA-290 at. seq.; Inactive Hazardous Sites Act. N.C.G.S. 138-310et. seq.; Water and Air Resources Act, N.C.G.S. Chapter 143,Article 21; Oil Pollution and Hazardous Substances Control Act, N.C.G.S. Chapter 143, Article 21A; Air Pollution Control Act, N.C.G.S. Chapter 143, Article 21 B; and the Sedimentation Pollution Control Act of 1973, N.C.G.S. Chapter 113A, Article 4, including, without limitation, the costs and expenses of any remedial action, attorney and consultant fees, investigation and laboratory lees, court costs, and litigation expenses. Any amounts payable to Trustee or Beneficiary by reason of the application of this paragraph shall be secured by this Deed of Trust and shall become immediately due and payable and shall bear interest at the rate of interest specified in the Note secured hereby from the dale loss or damage is sustained by Beneficiary until paid. The obligations and liabilities of Grantor under this indemnification paragraph of this Deed of Trust shall survive any termination, satisfaction, assignment, entry of a judgment of foreclosure or delivery of a deed in lieu of foreclosure of this Deed of Trust. (c) Notwithstanding the description of Collateral contained in this Deed of Trust, all Hazardous Materials (as defined in this Section)are specifically excluded from Collateral subject to this Deed of Trust. In addition, any and all underground storage tanks and piping located on the Properly described above are specifically (check one): included as part of the Collateral. excluded as part of the Collateral. L— Section 13. NOTICES. All notices, certificates and other communications hereunder shall be deemed given when mailed by regislere�l or certified mail, postage prepaid, retUr�n! receipt requested, addressed as follows: if to the Bank, to if to the Trustee, to if to the Grantor, to the Trustee and the Bank may, by written notice given hereunder, designate a differehl address where communications should be sent. utfivir,r Section 14. MISCELLANEOUS. (a) In the event of the subsequent passage of any law of the Slate of North Carolina deducting from the value of the land for the purposes of taxation any lien thereon, or amending in any way the laws now in force for the taxation of deeds of bust or debts secured thereby, for state or locat purposes or ilia manner of the collection of any such taxes so as to affect the interest of the Beneficiary, the whole sum secured by this instrument with interest thereon, at the option of the Beneficiary, shall immediately become due, payable and collectible without notice to any party. (b) No delay or forebearance by the Beneficiary in exercising any or all of its rights hereunder or rights otherwise afforded by law shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default as set forth herein or in the event of any subsequent default hereunder. In the event that the Beneficiary or the Trustee voluntarily or otherwise shall become a party to any suit or legal proceeding to protect the Property or to protect the title of the Trustee created by this Deed of Trust, the Trustee and the Beneficiary shall be saved harmless and shall be reimbursed by the Grantor for any amounts paid, including all reasonable costs, charges and attorney's fees incurred in any such suit or proceeding. These amounts together with interest on the amounts at the rate set forth in the Note shall be secured by this Dead of Trust and their payment enforced as if they were a pan of the original debt. (c) It is specifically agreed that the parties hereto shall in no event be deemed to have contracted for a greater rate of interest than the maximum contract rate permitted by law. Should a greater amount be collected, it shall be construed as a mutual mistake of the parties and the excess shall be returned to the party making such a payment. Of The Beneficiary shall at any time have the irrevocable right to remove the Trustee herein named without notice or cause and to appoint his successor by an instrument in writing, duly acknowledged, in such form as to entitle such written instrument to be recorded in North Carolina. In the event of the death or resignation of the Trustee herein named, the Beneficiary shall have the right to appoint his successor by such written instrument. Any Trustee so appointed shall be vested with the title to the Properly and shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though he were named herein as Trustee. (a) All the terms and conditions of the Commitment, if any, upon which the loan hereby secured is predicated. and a loan agreement, if any, pursuant to which the obligations secured hereby are incurred, are incorporated by this reference and made a part hereol. (1) The covenants, terms and conditions herein contained shall bind, and the benefits and powers shall inure to, the respective hours, executors. administrators, successors and assigns of the parties hereto. Whenever used herein, the singular number shall include the plural, the plural the singular. II two or more parties have joined as Grantor, cacti of the parties shall be jointly and severally obligated to perform the conditions and covenants herein contained. Notwithstanding the foregoing, any Grantor who executes this Deed of Trust but who does not execute the Note hereby secured has executed the Deed of Trust only to subject whatever interest such Grantor has or may hereafter have in the Properly and Improvements and Collateral to the lien and security interest created by this Deed of Trust. The term 'Beneficiary" shall include any payee of the indebtedness hereby secured and any transleree or assignee thercol, whether by operation of law or otherwise. IN WITNESS WHEREOF, this Deed of Trust is executed(i) it by individuals, by hereunto setting their hands under seal by adoption of the word "SEAL" appearing next to the individuals' names, (ii) if by a corporation, by the duly authorized officers of the corporation on its behalf under seal by adoption of the facsimile seal printed hereon for such purpose or, if an impression seal appears hereon, by affixing such impression seat, or (iii) if by a partnership, by the duly authorized partners of the partnership on its behalf under seal by adoption of the word "SEAL" appearing next to the name of the partnership and/or the signatures of the partners, on the day and year first above written. Attest; (NAME OF CORPORATION OR PARTNERSHIP) (SEAL) By: (TITLE) CORP SEAL WOen NORTH CAROLINA, Countyof Brunswick i 9 9 5 0 8 9 9 1, , a Notary Public, do hereby certify that Robert E. Bethel and wife.' Jean A Bethel personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal or stamp, this My commission expires: A/R/98 NORTH CAROLINA, County of Of 19-V-(j . Notary Pi certify that personally appeared before me this day and acknowledged the due execution of the foregoing WITNESS my hand and official seal or stamp, this My commission expires: NORTH CAROLINA, County of Of Notary Public a Notary Public, do certify that personally appeared before me and acknowledged that he is the Secretary of a Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its Corporate Seal, and attested by himself as its Secretary. 'I (� WITNESS my hand and official seal or stamp, this day of F,j My commission expires: Notaryc JUL 2 5 1996 NORTH CAROLINA, County of DIVISION OF ,a f0iapJA6,%AgAi�Ft LENT personally appeared before me and acknowledged that he is the General Partner of a Partnership, and that by authority duly given and as the act of the Partnership, the foregoing instrument was signed and sealed in its name by him as its General Partner. WITNESS my hand and official seal or stamp, this day of My commission expires: Notary Public NORTH CAROLINA, County of The foregoing or annexed certificate of '19 Notary(iesl Public is (are) re ified to be correct. This instrument was presented for registration and recorded in this office at Book Page /� This day of 19y�, At 1 o'clock M. Register of Deeds BY: Rebister of Deeds _995 Ou85 And the said Grantors do covenant to and with the sa-d Grantees that they are seized in fee of the above granted and described premises, and have good right to sell and convey the same in fee simple; and that the same are free and clear from any and all encumbrances, except as herein set forth, and that said Grantors shall WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever, excepting the realty mentioned in the last sentence of the above description, which is located between the low water line of Wrightsville Sound and the tract herein conveyed. IN TESTIMONY WHEREOF, Grantors have hereunto set their hands and seals all the day and year first above written. i (SEAL) 4043 ISLA. BURNEY, SR. - Fdntor (SEAL) BONNIE R. BURNEY - Grantor STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NEW HANOVER COUNTY NC 03/01/96 50 900.00 srn -n �O p INA �k: Real Estate �P k" ' Excise Tax (1 I, _N�� = llll!`ii�l� a Notary Public in and for the aforesaid County and State do hereby certify that LOUIS A. BURNEY, SR., and wife, BONNIE R. BURNEY, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and notarial seal, this the t day of 1996 My commission expi� ° NOTARY °? (Notarial Seal) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate a(�N tary Public, is certified to be I\-�(Ay-k , 1996. ry ruoiic 1 n rr•.gnrn tiriD V c�` _ ;I",QV cu= 0('�jEDJUL 2 5 1996 RECiSTER GF DEEDS DIVISION OF V ll?,40VER 00. INSTAL MANAGEMENT '96 M^R 1 Pn `f 12 0 � I' of ,ok-d . IV,) torn, , correct. This the J', day of MARj uE �OTS jEG?STER OF DEEDS BZ r/`v (VG. ri \ Deputy/Ase't r 995 U88`f -2- distance) from the preceding point; thence South 42 degrees 45 minutes 22 seconds East 346.62 feet to a point near the high water line of Wrightsville Sound, said point being in the traverse line shown on said map by Howard Loughlin, R.L.S. recorded in Map Book 10, page 27, said traverse line being more or less along the high water line of Wrightsville Sound; thence along said traverse line the following calls: North 56 degrees 19 minutes East 27.22 feet to a concrete monument, North 19 degrees 53 minutes East 51.74 feet to a concrete monument, and North 82 degrees 45 minutes East 94.63 feet to an iron pipe in the Western line of the Meares Harriss property as shown on said map recorded in Map Book 10, Page 27; thence North 42 degrees 45 minutes West 361.05 feet along the said Harriss line to a concrete monument at the northwestern corner of said Harriss property; thence South 60 degrees 54 minutes 20 seconds West 5.09 feet to a point, the beginning of a curve; thence along said curve as it curves to the North to a point that is South 73 degrees 10 minutes 28 seconds West 58.62 feet (chord distance) from the preceding point (Curve data - Delta 24 degrees 32 minutes 15 seconds, T- 30.00 feet, R-137.95 feet) thence South 85 degrees 26 minutes 35 seconds West 46.66 feet to a concrete monument at the point of beginning, and being a portion of the property shown on the aforementioned map of Bradley Creek Point; together with a right of way and easement for ingress and egress over and across all of Bradley Creek Point Road (a private road) shown on said map. Together with all right, title and interest, if any, of the Grantors to that land between the low water line of Wrightsville Sound and the aforementioned traverse line, being bounded on the East by an extension to the South of the Eastern line of the above described tract and on the West by an extension to the South of the Western line of the above described tract. Being the same realty conveyed to the Grantors herein by deed recorded in Book 1133, Page 1117, of the New Hanover County Registry. JUL 2 5 1996� DIVISION OF Excepting and reserving, however, to the Grantors, their MANAGEME� executors, administrators and assigns, a perpetual right'' -oil' way and easement across and upon said realty an underground sewer line. Grantors own that certain lot immediately south and adjacent to the lot conveyed hereto to Grantees, and Grantor's residence is located on their said lot. Grantor's sewer line for their residence enters onto, underground, the tract herein conveyed at a point approximately fifteen (15) feet north of Grantor's residence, and runs thence westwardly near the southern boundary of the tract herein conveyed to a point in the eastern right-of-way of Bradley Creek Point Road where Grantor's sewer line connects with the New hanover County sewer system. Grantors, for themselves and their agents, reserve the right to go upon the tract herein conveyed where the sewer line is located whenever it is reasonably necessary for the purpose of inspecting, maintaining, and repairing said sewer line; provided that in maintaining and repairing said sewer line Grantors shall return Grantees's premises as nearly as possible to the same ::ondition as same was prior to maintenance and repairs. It is the intent of Grantors to reserve a right-of-way and easement for a sewer line at the same location where Grantor's current sewer line is located on the tract herein conveyed. This conveyance is subject to restrictions as recorded in Book 928, Page 875, of the New Hanover County Registry. TO HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantees, in fee simple, FOREVER. NEW HANOVER COUNTY TAX PARCEL #: R05700-003-013-000 STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER t uICt1 THIS DEED, made and entered into this JS day of 1996, by and between LOUIS A. BURNEY, SR. and wife, BONNIE R. BURNEY, of the County of New Hanover, State of North Carolina, (hereinafter called "Grantor"); and ROBERT E. BETHEL and wife, JEAN R. BETHEL, of New Hanover County, North Carolina, whose mailing address is 1318 Airlie Road, Wilmington, NC, 28403 (hereinafter called "Grantee"), (whether one or more persons, firms or corporations.) 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. 000204 wvzz" U Z" WHEREAS, the hereinafter described realty was conveyed to the Grantors herein by CARLTON S. PRICKETT, JR. and wife, SUSAN WARREN PRICKETT, by deed recorded in Book 1133, Page 1117, of the New Hanover County Registry; and WHEREAS, in said deed the Pricketts reserved an option to purchase the realty if the same was offered for sale by the Grantors herein; and that the Pricketts released their option to purchase by a "Release of Option To Purchase", dated October 11, 1995, and recorded immediately prior to or simultaneous with the recording of this deed in the Office of the New Hanover County Registry; and WHEREAS, the afore mentioned deed from the Pricketts to the Grantors herein made the property herein conveyed subject to a right of way and easement recorded in Book 928, Page 875, of the New Hanover County Registry; and that said right of way and easement has been terminated and released by a Release of Easement recorded in Book 1372, Page 1555, of the New Hanover County Registry; FURTHER WITNESSETH The Grantor, for and in consideration of Ten ($10.00) Dollars, and other valuable considerations paid to them, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto the said Grantee the following lands located in the County of New Hanover, State of North Carolina, and being more particularly described as follows: BEGINNING at a concrete monument in the Eastern right of way line of Bradley Creek Point Road (60 foot right of way), said monument being North 11 degrees 40 minutes 15 seconds East 25.00 feet (chord distance) from the southeastern end of curve #10 as shown on the map of Bradley Creek Point dated November 1968 by Howard Loughlin, R.L.S. and recorded in Map Book 10, Page 27 of the New Hanover County Registry; running thence from said beginning point along the said eastern right of way line of Bradley Creek Road as it curves to the west to a point at the southeastern end of said curve #10 that is South 11 degrees 40 minutes 15 seconds West 25.00 feet (chord distance) from the beginning monument; thence South 18 degrees 08 minutes 08 seconds West 20.07 feet to a point at the Northeastern end of curve #11 as shown on said map; thence along the said right of way line of Bradley Creek Road as it curves to the east to a concrete monument that is located South 16 degrees 55 minutes 47 seconds West 20.51 feet (chord DRAFTSMAN: LOUIS A. BURNEY BURNEY, BURNEY, & JONES P.O. BOX 89/110 N. 5TH AVE. WILMINGTON, NORTH CAROLINA 28402 Retumed To uVt^i i� I r.U� 19 9 5 0 8 9 0 EXHIBIT 'A' BEGINNING at a concrete monument in the Eastern right of way line of Bradley Creek Point Road (60 foot right of way), said monument being North 11 degrees 40 minutes 15 seconds East 25.00 feet (chord distance) from the southeastern end of curve #10 as shown on the map of Bradley Creek Point dated November 1968 by Howard Loughlin, R.L.S. and recorded in Map Book 10, Page 27 of the New Hanover County Registry; running thence from said beginning point along the said eastern right of way line of Bradley Creek Road as it curves to the west to a point at the southeastern end of said curve #10 that is South 11 degrees 40 minutes 15 seconds West 25.00 feet (chord distance) from the beginning monument; thence South 18 degrees 08 minutes 08 seconds West 20.07 feet to a point at the Northeastern end of curve #11 as shown on said map; thence along the said right of way line of Bradley Creek Road as it curves to the east to a concrete monument that is located South 16 degrees 55 minutes 47 seconds West 20.51 feet (chord distance) from the preceding point; thence South 42 degrees 45 minutes 22 seconds East 346.62 feet to a point near the high water line of Wrightsville Sound, said point being in the traverse line shown on said map by Howard Loughlin, R.L.S. recorded in Map Book 10, page 27, said traverse line being more or less along the high water line of Wrightsville Sound; thence along said traverse line the following calls: North 56 degrees 19 minutes East 27.22 feet to a concrete monument, North 19 degrees 53 minutes East 51.74 feet to a concrete monument, and North 82 degrees 45 minutes East 94.63 feet to an iron pipe in the Western line of the Meares Harriss property as shown on said map recorded in Map Book 10, Page 27; thence North 42 degrees 45 minutes West 361.05 feet along the said Harriss line to a concrete monument at the northwestern corner of said Harriss property; thence South 60 degrees 54 minutes 20 seconds West 5.09 feet to a point, the beginning of a curve; thence along said curve as it curves to the North to a point that is South 73 degrees 10 minutes 28 seconds West 58.62 feet (chord distance) from the preceding point (Curve data - Delta 24 degrees 32 minutes 15 seconds, T-30.00 feet, R-137.95 feet) thence South 85 degrees 26 minutes 35 seconds West 46.66 feet to a concrete monument at the point of beginning, and being a portion of the property shown on the aforementioned map of Bradley Creek Point; together with a right of way and easement for ingress and egress over and across all of Bradley Creek Point Road (a private road) shown on said map. Together with all right, title and interest, if any, of the Grantors to that land between the low water line of Wrightsville Sound and the aforementioned traverse line, being bounded on the East by an extension to the South of the Eastern line of the above described tract and on the West -by an extension to the South of the Western line of the above described tract. �! JUL 2 5 1996 - D!V!S!ON OF COASTAL MANAGEMENT July 22, 1996 { - AU l7 Mr. Michael Conard D;bic:r,.;;\s.OF Carolina Marine Construction COASTAL MANAGEIMEI.;T P 0 Box 7303 Wilmington NC 28403 RE: Shore Acres Company, Inc. - Sand Spoil 305 Bradley Creek Point Road Dear Mr. Conard: Pursuant to our recent telephone conversation, I am confirming same. Dr. E. Lawrence Lee, President of Shore Acres Company, Inc., has granted you permission to deposit Sand Spoil on the island closest to your project which has been prepared and approved for this purpose and owned by Shore Acres Company, Inc. The cost for this privilege will be $1.00 per Cubic Yard of Sand Spoil with a minimum of $500.00. The implementation of all permits and expenses involved will be your responsibility. All work must meet the criteria set forth by The U. S. Corp of Engineers and CAMA. You will be held responsible to see that Coastal Deep Water, the dredging company, abides by the above described requirements. Sincerely, Carl N. Mathis, Jr. Agent AUTHORIZED: E. Lawrence Lee President Shore Ares Company, Inc. This — day of July, 1996 or CNM:bml Return to: JOHN H. PHILLIPS, P.A. t ai x m 1 w a) t•[t N iJ) N X .4 ¢ uj +ft Prepared by: Samuel A. McConkey, Attorney at Law Morehead City, North Carolina Parcel No. 13-00711-01-46 NORTH CAROLINA CARTERET COUNTY THIS WARRANTY DEED made and entered into this g day of March, 1995 by and between: PAUL F. HODGES and wife IONA O. HODGES of Carteret County, North Carolina (hereinafter called "Grantors") and ROSE OLIVER HATCHER and husband DONALD DWIGHT HATCHER Whose Mailing Address is: c/o Calico Jacks Inn and Marina Harkers Island Road (NC State Road # 1698) Harkers Island, North Carolina 28531 (hereinafter called "Grantees") WITNESSETH: That the Grantors, for a valuable consideration paid by the Grantees, the receipt and sufficiency of which is hereby acknowledged, have and by these presents does grant, bargain, sell and convey unto the Grantees in fee simple all of the certain tract or parcel of land situated in Harkers Island Township, Carteret County, North Carolina and more particularly described as follows: TRACT ONE: BEGINNING at an existing iron pipe in the Northern Right of Way margin of the Harkers Island Road (North Carolina State Road # 1335), which point is the South East corner of the now or former lands of Lewis, and the point of beginning of Tract 2 in that deed recorded in 'Book 553 at page 340, Carteret County Registry; which point is also located South 19-59-08 West along the said Lewis East line a distance of 132.95 feet from US Forest Service Monument #12 located at the South West corner of the lands of the U. S. Forest Service, Cape Lookout National Seashore property. FROM SAID POINT OF BEGINNING located above, running thence North 19-59-08 East along the East line of said Lewis property a distance 0 of 132.95 feet to US Forest Service Monument #12; running thence South 70-00-00 East and with the South line of the lands of the U. S. Forest Service, Cape Lookout National Seashore property distance of 156.41 feet to a point; running thence South 27-13-06 West a distance of 141.59 feet to a point in the Northern right of way margin of the Harkers Island Road (NC State Road # 1335); running thence North 68-31-51 West and along the Northern Right of Way margin of said Harkers Island•Road (NC State Road # 1335) a distance of 138.94 feet to the point or place of beginning. Containing 0.46 acres, more or less, and being a portion of Tract 2 in that deed recorded in Book 553 at page 340, Carteret County Registry. As per survey by James L Phillips RLS and Associates dated January 31, 1995 entitled "Survey and Subdivision for Paul F. Hodges and Iona O. Hodges". TRACT TWO: BEGINNING at an Iron Pipe located at the Southern Right of Way margin of the Harkers Island Road (NC State Road # 1335) and the North East corner of the now or former Ed (Duck) Lewis property and the North West corner of the Paul F. Hodges property, formerly the E. T. Credle property; F1ROM SAID POINT OF BEGINNING, running thence South 66-01-25 East and with the Southern Right of Way margin of said Harkers Island Road (NC State Road # 1335) a distance of 129.85 feet, more or less, to a point; continuing thence with said-Harkers Island -Road (NC State Road # 1335) South 67-13-25 East a distance of 112.00 feet, more or less, to the North West corner of the now or former Bill Kafer property; running thence South 20-30 West and with the Kafer East line and the Hodges West line a distance of 236.88 feet, more or less, to a point in the high water mark of Back Sound; running thence with the high water mark of Back Sound the following courses and distances, North 56-11 West a distance of 249.68 feet, more or less, to a point in the East line of the now or former Ed (Duck) Lewis property; running thence North 24- 05-15 East and with the East line of the now or former Ed (Duck) Lewis East line a distance of 189.54 feet, more or less, to the point or place of beginning. Together with all riparian and littoral rights incident and attached thereto. As per survey by Powell Survey Co., dated December 17, 1986 and being a, portion of that property conveyed to John J. McCann from E. T. Credle and from John J. McCann to Paul F. Hodges. Reference is also made to that survey by J. G. Hassell, Reg. Surveyor dated May 1963 and BOOKn PAGE� n entitled "E. T. Credle Property". TRACT III There is conveyed herewith, specifically without warranties set forth hereafter, all of those bulkheads, piers, docks and other improvements constructed in the waters of Back Sound as attached to and located to the South of the property described in Tract H above. This conveyance is made and accepted subject to valid and enforceable restrictive covenants, easements and encumbrances of record, if any. Together with all improvements located thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging. To have and to hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple, except that Grantors convey any portion of Tract II which lies in the waters of Back Sound by Quit -Claim conveyance, without warranties of title as set forth hereafter; and all of Tract III by Quit -Claim conveyance, also without warranties of title as set forth hereafter. And the Grantors covenant with the Grantees, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances with the exceptions stated herein, and that Grantors will warrant and defend the title against the lawful claims of all personal whomsoever excluding the exceptions hereinafter stated. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal on the day and year first above written. A-a.P '2 Paul F. Hodgef & ,l !/ . v /i seali Iona 0. . s' BOOK-! 4 PAGE YO NORTH CAROLINA CARTERET COUNTY The undersigned Notary Public in and for the above state and county certifies that PAUL F. HODGES and wife IONA O. HODGES personally appeared before me on this date and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp/seal, this 94, day of March, 1995. Notary Public My Commission Expires: G39DTii CAROiINA, CARTERET �UPITi( .,�� /J14k1� . y �•� 1 � Tile foreooM cerfi',cate(s) of o `. is (Jte) c,:Ttified is Be correct. This instrument was pro- ° i%lrib+",,.? sen*ed or r :?ifration r+ i rec316011 in this office in �. This dad of i1�119 a# O'clock�m. sitaron Fin°r e". 'erg c l By " Depu jnl iQ , N