48-96 Black, Carlos

Permit Class Permit Number
NEW 48-96
STATE OF NORTH CAROLINA
�,.
Department of Envicontuent,�Iiealth Bc Natural Resources
Coastal:Resources Commission
�r - t" F
1 for
% Major DevelopmeittAin an Area-ofEnyirorimental Concern
pursuant to NCGS 113A-11$_" a
% Excavation and/or fillingpnisuant to NCGS 113-229
Issued to Carlos Black, 215 Simmer Rest Road, Wihnington, NC 28405
authorizing development in New Hanover County at Banks Channel adj. Wrightsville Sound off NC
, as requested in the permittee's application dated 1/16/96, including attached
workplan drawings, 4, dated received 1/19/96.
This permit, issued on APRIL 1 8, 1996 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.
Excavation and Fill
1) The excavation of the 14' by 42' boat basin is not authorized by this permit.
NOTE: A modified boat lift design which maintains adequate separation from marsh vegetation
may be acceptable to the Division of Coastal Management. Contact a Division
representative at [phone] to pursue such an option.
2) No marsh grass shall be excavated, and a maximum feasible separation distance, no less than
10 feet, shall be maintained from any marsh grass fringe.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger Wi9checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Carlos Black
ADDITIONAL CONDITIONS
Permit #48-96
Page 2 of 3
3) The permittee shall notify the N. C. Division of Environmental Health, Shellfish Sanitation
Section at [phone], at least 10 days prior to the initiation of dredging activities to allow
for a temporary closure of shellfish harvesting in adjacent waters. The permittee shall also
notify the Shellfish Sanitation Section immediately following project completion.
4) In order to protect juvenile shrimp and fnfish 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.
5) Excavation will not exceed -5 feet below the mean low water level.
6) 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.
7) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters.
8) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less in all saltwater classes are not considered
significant.
General
9) 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 (AIW W). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers, acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
10) 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.

Carlos Black
ADDITIONAL CONDITIONS
Permit #48-96
Page 3 of 3
11) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
12) 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.
13) 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 the permit transferred to a third party.
NOTE: The permittee is encouraged to contact the New Hanover County Vector Control Office
at [phone] to discuss mosquito control measures.
NOTE: The N. C. Division of Environmental Management has assigned the proposed project
DEM Project No. 960127.
NOTE: The U. S. Army Corps of Engineers has assigned the proposed project COE Action ID
No. 199603001.

Form DCM-MP-1
APPLICATION
'(To be completed by all applicants)
_ b. Ci ,town, wmmum or landm k • � .
1. APPLICANT �
a. Landowner:
Name CA�'LO$ �GAGf�
,7-/ �/40,=C7- RIO
c. Street "adds s or second road number
2/5- .�(//yi�lE� REST IQ�I
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address e. Name of body of water neare.0 nrn;orr
City �1(L1-1/N6-T01 State 'NL creek; sound; bay,, �+r
Zip,24?1f0 r Day Phone 'Ito -2z 6— FBvo
Fax *0-2S6 -o8d8
Authorized Agent: L�
Name L. / �5 a.
Address,
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or CAY/}T! Ord fiactivities
City S Xi Srl N � oi47- �9S/N.
J A N 19 1 rE!✓•4,NlE" o.'F.r,1s ilA(¢ 13A91A)
Zip Day Phone b. Is the proposed activity maintenanc of an existing
DIVISION OF roject, new work, or both? D/f(
Fax COASTAL MANAGEMENpf
c. Will the project be for public, private or commercial
use? PRI P,,47 vsE
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Perna will be issued in mme of kusdawner(s), and/or
project wme. '
-_k-2 0GATIONrUF;PR0R0SED-�>w��- ,
a. County MEW EW ' ` 4-&,Vll`' �
Revised 03/95

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS_
a. Size of entire tract 1�/ O/Z 54 Ar
b. Size of individual lot(s/-Dr/—S 291TAPAIT
04001/s 7FPiIs
c. Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract
�.. ._S NDy SWIG
e. Veg�ta iogpy tract �SNR�I�QE�2�J' '7
f. Man-made features now on tract
FAnly HOAfe.t DETrW ' �-
g. What is the CAMA Land Use Plan land
classification of the site? (oonsab the load Lad we plan.)
m. Desou*Vcribe ex . lstin waste ater treatment facilities.
. EitlE�2
n. Describe location and type of discharges to waters
//��
of the state. (For example, surface runoff, sanitary
FA -wastewater, industrial/commercial effluent, "wash
down" and resE aisgliaz e 4
o. Describe existing•drinking water supply source.
pRiV,4rE V771-
CG�ANf �EA/'z dTiL� Ti —5 /N
5. ADDITIONAL INFORMATION
In . addition to the completed application form, the
following items must be submitted:
Conservation Tr��
Developed ' Co mty.19 of the deed .(with state application only) or
Rural o r trument under which the applicant claims title
JAN 19 1996tO affected properties. If the applicant is not
h. 'How is .the tract zoned by local -government? claiming to be the owner of said property, then
jQ 2 p DIVISION OF forward a copy of the deed or other instrument under
COAS ANAGElt N!Wthe owner claims title, plus written permission
i. Is the proposed roject consistent with the applicable from the owner to carry out the project.
j•
zoning? V Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? -
archaeological assessment been
Yes ✓ No
k. Is the project located 'in a National Registered
'Historic 'District or does' it involve a National
Register listed or � gible property?
Yes No
4*'� "F—t—wesv,'�A.v
1. . Are.there wetlands of tAe._siteZ _Yes No
Coastal (marsh) ,. ✓ f- Other D
If yes, has a delineation been conducted?
'(Anach doamnenwdon, ifavailabk) ..
• 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=_tithe .U-S:vArmy cCorpsmof=
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
D...:...1 n]/aC

, 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
Address
Phone 9/0 — o?
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
.�d/Y/yCK I�F57$ofyTQ/t/NE C50anection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address- project.
Phone. jWR14W7- rtfOL�1A ,r(o��f20�
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
i
This i 12 day of ��� , 19 —.
• A list of previous state or federal per , suedlf`, 1 9 1F G�i�QLO C
work on the project tract. Include permit num mt Name
permittee, and
issuing dates. / DIVISION OF
� 41 a / C;/ LO5 _1C� Vbf*ANA('3F Md
Lmydlcaner or. ' e Agen+
• 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.
Please ind'cate attachments pertaining to your proposed
prof
_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and ,date each attachment in the
space provided at the bottom of each form.
Revised 03/95

PU

Form' 15CM-MP-2
EXCAVATION
ANDTILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
.(MLW) or (NWL)
. Canal
41h1 vr,011RNCE
)P Ex/ST 049 71 A
.XPAA1-*;V1V OF.;
i3TB0 t/Gr AAs�N
ramp
Rock
groin
Rock
breakwater
Other
(Excluding _
shoreline
stabilization)
Average Final
Existing Project
Length ♦ idth Depth Depth
+0.5
—s.
Am
PR 110111Mn
A " JAN 19 1996
DIVISION OF
COASTAL MANAGEMENT
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 2 /0
b. Type of material to be a avated evrCT--A'L
rArF'r 5a + y ►-rOFISROVa-C,
c. Does the area to be excavated include coastal
wetlands (marsh), submerged tic vegetation
(SAVs) or other wetlands? —Yes —No
d. Highground excavation in cubic yard'
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area SAO/L /S447
454Sq- OF 14 4,tVORr/f NN M&-EA
b. Dimensions of disposal area 0✓Sd . f�SO
c. Do you claim title to disposal area?
Yes 2L No
If no, attach a letter granting permission from "the
owner.
d. Will a disposal area be available for future
maintenance? K Yes _ No
If yes, where?
�l'f�'6UE
Revised 03/95

Form DCM-MP-2
e. Does the disposal area -include any coastal wetlands
(marsh), SAVs PrAer wetlands?
Yes No
f. Does the disposal in de any area in the water?
Yes Y No
3. SHORELINE STABILIZATION
71
111711
Type of shoreline stabilization
Bulkhead Rpprap
Leneth
c.. Average. distance.waterward of MHW.or NWL
d. Maximum distance waterward of MHW or NWL
e. .Shoreline erosion during preceding 12 months
Jf yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
a
(3) `Purpose of fill "_
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or othck wetlands?
Yes 4/ No
If yes,
(1) Dimensions of fill area
(ro` toT191996
JAN
�yvicinni nr=
5. GEgp AL MANAGEMENT
a. How will excavated or fill material be kept on -site
and erosion controlled?
7-
-`-E7VC�
(Source of information)
f. Type of bulkhead or riprap material
b.
g. Amount of fill in cubic yards to be placed below
water level
•(1) Riprap
' (2) Bulkhead backfill
C.
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material beyought to site?
Yes V No
What type of construction equipment will be used
(for example; dragline, backhoe;. or hydraulic
dr'edge)?
Will wetlands be crssed in transp ing equipment
to project site? —Yes V No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant r Project an �/� ,11 A '
Signature
/ --i6
Date
Revised 03/95

Form DCM-MP4
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
(4) Width
(5) Finger Piers —Yes —No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes _No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
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
a FEB 0 6 1996
DIVISION OF
COASTAL MANAGEMENT
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure oatlift mooring pilings, 9tc.)
(1) _ Commerci 1—Community
(2) Number
(3) Length
(4) Width /fit
g. OtheI (Give romptete desc ipdon)
Date
Revised 03195

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!1 --�J --DIVISION OF -
-COASTAL-MANAGEME T--�-
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CARLOS BLACK
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COASTAL DEEP WATER
5400 IBIS COURT
WILMINGTON, NC 28409
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JAN 19 1996
DIVISION OF
COASTAL MANAGEMENT

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY To
ATTENTION of May 22, 1996
Regulatory Branch
Action ID No. 199603001 and State Permit No. 48-96
Mr. Carlos Black
215 Summer Rest Road
Wilmington, North Carolina 28405
Dear Mr. Black:
Reference your application for a Department of the Army permit to dredge
approximately 2,900 square feet of wetlands, shallow bottom, and mudflats, and
construct a 200 square foot floating dock, adjacent to the Atlantic
Intracoastal Waterway, at 215 Summer Rest Road, near Wrightsville Beach, in
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 tither 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 [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

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 Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
John Parker
12
Division of Coastal Management
>>
North Carolina Department of
Environment, Health and �o
RECEIVED
Natural Resources
MAY 281996
Post Office Box 27681
Raleigh, North Carolina 27611-7687
COASTAL
MANAGEMENT
Mr. John Hefner CA
U.S. Fish and Wildlife service
Fish and Wildlife Enhancement
Post Office Box 33726
9
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

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General permit No. SAWC080-N-000-0291
Name of Applicant GENERAL PUBLIC
Effective Date February 11, 1991
Expiration Date February 10, 1996
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States upon the recommendation of the
Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of
March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby re -issued under authority of the Secretary of the
Army -by the
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
To authorize those construction activities that receive prior approval from
the -State of North Carolina in the form of the following authorizations:
1. _.Coastal Area Management Act (CAMA) Permit.
2. Permit to Dredge and/or Fill.
3. Water Quality Certification (Section 401 of the Clean Water Act).
This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties,
North Carolina, U.S. Army Engineer District, Wilmington.
1. Operating Procedures:
a. Applications for State and Federal authorizations will be accepted
directly and simultaneously by both the North Carolina Division of Coastal
Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps).
Receipt of a complete application by the NCDCM will initiate field review to

I
include a site visit and preparation of an Environmental Consultant's Field
Report. Receipt of an application by the Corps will initiate Federal review.
Immediately upon receipt by the Corps, an application will be assigned an
identification number, acknowledged, and the appropriate Corps Area
Coordinator will examine the application to assure that it can be processed
pursuant to this general permit. The applicant and the NCDCM will be
furnished written notification of the Area Coordinator's determination.
Notification to the applicant will include a brief description of the
administrative process. For those proposals which may result in a discharge
into the waters of the United States, the North Carolina Division of
Environmental Management (NCDEM) and the applicant will be informed regarding
the applicant's need to obtain a Water Quality Certification in accordance
with Section 401 of the Clean Water Act.
b. The NCDCM Environmental Consultant's Field Report will be furnished by
the respective NCDCM Regional Offices to the Corps. The Corps will provide
copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the U.S. Environmental..
Protection Agency (EPA). Receipt of the Report will initiate the Federal
agencies' review. The agencies will be provided sufficient time by the Corps,
normally 30 days, before their comments or recommendations, including any
recommended modifications or conditions necessary to make the proposal
acceptable, must be received by the Corps. Should the agencies not comment
within the review period, it will be assumed they offer no objections.
Extensions of time will be granted for agency review only if justified by
unusual circumstances. If an extension is granted that would delay a NCDCM
decision by the date on which an NCDCM decision must be made, the application
may be removed from this general permit.
c. The permit review process conducted by the NCDCM is a public process
involving public notices in local newspapers, public hearings, and various
public appeal procedures. In order to further inform the public, the Corps
will distribute, at intervals of approximately two weeks, an additional public
notice listing those permit applications received and being considered by
NCDCM and the Corps of Engineers under this general permit since the preceding
notice. The notice will invite, for a period of not less than 15 days, public
comment and/or requests for additional information and for public hearings.
All comments will be considered in the overall State/Corps decision on the
permit.
d. This general permit does not, in any way, alter established procedures
or responsibilities, as required by Federal laws, memoranda of agreement, or
administrative regulations with respect to the Corps' coordination with the
review agencies. The applicant will continue to have the opportunity to rebut
objections to the proposal.

w
-3-
e. After agency comments are received, they will be reviewed by the Corps
and a coordinated Federal position will be prepared and furnished to the the
NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field
Consultant's Report. The coordinated Federal position will include all
conditions (including recommendations for denial) recommended by the three
Federal agencies listed in paragraph b. (above) unless a changed or omitted
condition has the prior written agreement of the affected agency.
f. In those cases where the Corps does not concur with conditions or
recommendations of one or more of the three listed Federal agencies, no
coordinated Federal position will be furnished to NCDCM until and unless
Federal agency agreement has been reached including, if necessary, entering
into the referral procedures outlined by current memoranda of agreement
between the Army and the respective agencies. The three agencies will be
furnished a copy of the coordinated Federal position at the time they are
furnished to NCDCM.
g. If the conditions (including recommendations for denial) from the
review agencies are unacceptable to the NCDCM, the NCDCM will contact the
Corps within 10 days of receipt of the Federal position -to resolve the
conflict. If resolution of the conflict involves changes to the conditions or
recommendations provided by the Federal agencies, the provisions of paragraphs
e. and f. (above) will apply, including the procedures of the memoranda of
agreement, if appropriate. If the conflict is resolved to the satisfaction of
the Corps and other affected review agencies, the NCDCM permit will be issued
and the authority of the general permit will apply.
h. If the conflict is not resolved within the time necessary for a
decision by NCDCM, NCDCM may proceed, independently, to conclude the State
action without inclusion of the Federal position. In this case, the applicant
and the NCDCM will be notified immediately in writing that the State permit
does not satisfy the Federal permit requirements and that the project in
question may not proceed in the absence of Federal authorization.
i. If the coordinated Federal position is not in conflict with State
agency positions, law, regulation, or policy and is otherwise acceptable to
the NCDCM, a State permit will be developed by the NCDCM fully incorporating
the'State and Federal positions. Copies of the permit will be furnished to
the applicant and the Corps. When required, a copy of the Section 401 Water
Quality Certification will be furnished to the applicant and the Corps.
Issuance of both the NCDCM permit and the NCDEM 401 Certification, if
required, must precede validation of this general permit by the District
Engineer or his representative.

v.
-4-
j. If the NCDCM permit or Section 401 Water Quality Certification is
denied, the applicant will be informed that Federal authorization is also
denied.
k. Following issuance of a NCDCM permit, the project will be monitored by
NCDCM personnel and inspected for compliance in accordance with normal NCDCM
regulations and procedures. Monitoring and periodic evaluation will also be
conducted by Corps personnel. If at any time a violation of the NCDCM permit
is discovered which would also have been a violation.of the Federal position,
enforcement action may be taken by both the NCDCM and the Corps in accordance
with their respective regulations and policies.
2. General Considerations:
a. All activities identified and authorized by this general permit must
be consistent with the terms and conditions of this authorization. Any
activity accomplished, but not specifically identified and authorized herein,
may constitute a violation of Federal statute and result in legal proceedings
as may be considered appropriate by the United States Government.
b. All activities authorized by this general permit which involve the
placement of dredged or fill material in waters of the United States or ocean
waters shall be consistent with the water quality standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the
Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413), and
applicable State and local law. To assure preservation of water quality,
before any work is authorized by this general permit, a property owner, if
required to do so, must apply for and obtain a Water Quality Certification
from the NCDEM in accordance with Section 401 of the Clean Water Act.
c. This general permit does not authorize any activity which might affect
a threatened or endangered species as identified by the Endangered Species Act
(16 U.S.C. 1531) or adversely modify critical habitat of such species without
consultation with the USFWS.
d. When using this general permit, a property owner must make every
reasonable effort to prosecute the work in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental values.
e. When using this general permit, a property owner must prosecute the
work in a manner so as to minimize any degradation of water quality.
f. A permittee will allow the District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that
the activity is being performed in strict accordance with the terms and
conditions of this general permit.

-7-
National Historic Preservation Act of 1966 and its codified regulations and in
the National Historic Preservation Amendments Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
c. At his discretion, at any time during the processing cycle, the
District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure
for processing an individual permit in accordance with 33 CFR 325 may be
initiated.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
/s/
THOMAS C. SUERMANN
LTC, Corps of Engineers
District Engineer

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54001BIS COURT
WILMINGTON, NO 26409
Im
V IN(DH V
` JAN�19 1996
DIVISION OF
COASTAL MANAGEMENT
6�I

Carlos Black
215 Summer Rest Road
Wilmington, NO 28403
'7ir�-,Z5-�—gF&c,
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Wilmington i,,.,,_
JAN 191996
cw+e. e..m c.,aia eeesr
DIVISION OF
COASTAL MANAGEMENT
c�
70
1

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Coastal Management 1
James B. Hunt, Jr., Governor ��
Jonathan B. Howes, Secretary ID E H N F 1
Roger N. Schecter, Director
July 1, 1996
Mr. Carlos Black
215 Summer Rest Road
Wilmington, North Carolina 28403
Dear Mr. Black:
I visited your property with Tere Barrett on June 28, 1996 to determine if any
adjustments could be made to the restrictions placed on your CAMA Major Permit #48-
96. 1 have determined that elimination of the proposed 14' by 42' foot basin was
justified based on the value of estuarine resources present and the protection afforded
them by the rules of the Coastal Resources Commission (CRC).
The area you proposed for excavation is intertidal and is a mix of unvegetated mudflat
and regularly flooded wetlands. These areas are stringently protected due to their
value in maintaining the productivity of the adjacent waters. The loss of the small area
you proposed for excavation may seem insignificant, however, CRC rules and our
permit decisions are based on consideration of the potential cumulative impacts of
similar projects.
I hope that the portion of your project that was approved goes well.
cc: Tere Barrett
Doug Huggett
Sincerely,
Preston P. Pate, Jr.
Assistant Director
RECEIVED
JUL 2 lb96
uv,,., i k
MANAGEMENT
P.O. Box 769. 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
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f"
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director April 19, 1996
Mr. Carlos Black
215 Summer Rest Road
Wilmington, NC 28405
Dear Sir:
IDFEE HNR
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, [phone] 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, N'��C FAX [phone]
Raleigh, North Carolina 27611-7687 1, � 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 C) FEEH N F1
Roger N. Schecter, Director
May 14, 1996
Mr. Carlo Black
215 Summer Rest Road
Wilmington, North Carolina 28403
Dear Mr. Black:
I have received your letter dated April 29, 1996 concerning the permit issued by the
Division of Coastal Management for development on your property near Wrightsville
Beach. You requested reconsideration of the decision to eliminate dredging of one basin
from the project approval.
We eliminated the basin after receiving comments from various review agencies objecting
to the loss of a wetlands and intertidal habitat. These comments were similar to those
received during the review of your first permit and resulted in a condition on that approval
requiring a setback from the same wetlands to prevent their loss.
I cannot agree at this time to remove the condition from your permit. To do so would
unfairly override the position of those agencies that concluded that the resource protection
is necessary. However, I will agree to visiting your project site on my next trip to the
Wilmington area and determine then if your request is justified. My next trip is scheduled
for the middle of June. If I can go before that time, I will do so and let you know as soon
after that as I can.
Please do not hesitate to call me if you wish to discuss this matter further.
Sincerely,
Preston P. Pate, Jr.'V jp� MAY15 1996
Assisstant Director CUnSfAL
MANAGEMENT
cc: Tere Barrett
Doug Huggett 9
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 215557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Carlos Black
215 Summer Rest Road
Wilmington, NC 28403
April 29, 1996
Mr. Preston Pate
State of North Carolina Department of Health and Natural Resources.
Division of Coastal Management.
P. O. Box 769
3441 Arendell St.
Morehead City, N.C. 28557
Dear Mr. Pate:
I am terribly disappointed. Could I ask you that you consider reversing your
decision, (permit #48-96), and allow me to excavate the boat basin and install
the boat lift that I wanted to build?
I am conscious as anyone about the need to preserve the environment and I
appreciate the work that CAMA is doing. The South Florida Coast is a good example
of what things look like when everyone does anything they want. My I suggest
however that if the persons that influenced you decision were to actually lay eyes
on my proposed project site they would, 1 think change their minds. We are talking
about 43 small clumps of marsh grass. I have actually counted them.
I put a lot of effort and time into making my application accurate and honest.
Because I am a novice and do not know the system, I spent 4 weeks just to find a
place to receive the spoil. In all it took me more than eight weeks of part time
effort to put the application together.
I would really appreciate if you would give some thought to changing your mind.
Si cerel
Carlos a
cc: Roger N. Schecter
John R. Parker, Jr. ✓
Doug Huggett
Tere Barrett
Charles Overbeck
�, EC/EIVEO ,
MA Ist 1996
MANAGEMENT

Carlos Black
215 Summer Rest Road
Wilmington, NC 28403
April 29, 1996
Mr. Preston Pate
State of North Carolina Department of Health and Natural Resources.
Division of Coastal Management.
P. 0. Box 769
3441 Arendell St.
Morehead City, N.C. 28557
Dear Mr. Pate:
I am terribly disappointed. Could I ask you that you consider reversing your
decision, (permit #48-96), and allow me to excavate the boat basin and install
the boat lift that I wanted to build?
I am conscious as anyone about the need to preserve the environment and I
appreciate the work that CAMA is doing. The South Florida Coast is a good example
of what things look like when everyone does anything they want. My I suggest
however that if the persons that influenced you decision were to actually lay eyes
on my proposed project site they would, I think change their minds. We are talking
about 43 small clumps of marsh grass. I have actually counted them.
I put a lot of effort and time into making my application accurate and honest.
Because I am a novice and do not know the system, I spent 4 weeks just to find a
place to receive the spoil. In all it took me more than eight weeks of part time
effort to put the application together.
I would really appreciate if you would give some thought to changing your mind.
RNa4A-'-'-
cc: Roger N. Schecter
John R. Parker, Jr.
Doug Huggett ✓
Tere Barrett
Charles Overbeck
�REc� ED 6
MAYS �ia�
MANAGEIA�

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Carlos Black COUNTY: New Hanover
LOCATION OF PROJECT: Adj to Wrightsville Sound at 215 Summer Rest Rd, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 01/19/96
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A
FIELD REPRESENTATIVE: Tere Barrett 0DI T OFFICE: Wilmington
4
°
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN ACEUE r'*
PUBLIC NOTICE REC'D:
ADJ. RIP. PROP NOTICES REC'D: ✓� DEED D: ✓
APPLICATION ASSIGNED TO: �S v g.�'�S V ON:
C) 75 DAY DEADLINE: i-V31"` 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: "26 FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE tX DENY DRAFT ON 4(—•1—y�
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
`_Y-�i16
Div. of Community Assistance
Land Quality Section
Div. of Env. Management
2' ? k _ •��
Y
State Property Office
_
✓
L:'S'"�n� £`�`�
Div. of Archives & History
3 _ r S .-�J`
✓
Div. of Env. Health
Div. of Highways
_ Z6_�I (,
Wildlife Resources Commission
Div. of Water Resources 3 '
_ /.
L _ V�
Div. of Marine Fisheries.;
16

Recommendations for State Permit - Carlos Black
The project area is not designated as Primary Nursery. The previously undisturbed
area targeted for excavation is insignificant in amount, and located in a fragile area.
Continued excavation of the adjacent basin, as well as regular boating activity, and
the input of running water from the air to water heat systems will likely destroy more
of this wettland area even if it is left undisturbed. I recommend the project be
authorized as requested based on the following conditions:
1) In order to protect juvenile shrimp and fmfish 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.
2) Excavation will not exceed -5 feet below the mean low water level.
3) All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spill -over of solids into any marsh or surrounding waters.

_
E)EHNR
M E M O R A N D U M
TO: John R. Parker
Major Permits Processing Coordinator
FROM: Zoe D. Bruner, District Planner
SUBJECT: C
/DREDGE & FILL Permit Application Review
Crtos Black; 215 Summer Rest Road, NHC
DATE: February 24, 1996
This permit consistency opinion is based on my review of the
permit application, the Field Investigation Report (T.Barrett,
2/05/96), and my understanding and interpretation of the policies
presented in the Wilmington/New Hanover County 1993 Land Use Plan.
The applicant proposes maintenance dredging of an existing basin
and expansion of the basin to the west. Also proposed is the
addition of a boat lift to the existing pier and dock. The location
and complete description of the project are in the Field
Investigation Report.
USE CLASSIFICATION: Conservation
RELATED POLICIES AND IMPLEMENTATION MEASURES
1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALL BE
PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT
ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS.
1.2(8) THE COUNTY AND CITY SHALL TAKE ALL NECESSARY ACTIONS TO PREVENT FURTHER
DETERIORATION OF ESTUARINE WATER QUALITY AND LOSS OF PUBLIC TRUST USES IN THE
CREEKS AND SOUNDS AND TO BRING ALL COASTAL WATERS UP TO THE HIGHEST QUALITY
POSSIBLE.
10. All coastal wetlands, estuarine waters, estuarine shorelines, and
public trust waters shall be designated Conservation on the Land
Classification Map.
CONSISTENCY OPINION: This project will be consistent with the
Wilmington/New Hanover County Land Use Plan Update provided: there
is no significant impact to the natural function of the area; the
action does not further deteriorate the estuarine water quality;
and if all conditions placed on the permit by DCM are met.
cc: CR Stroud, Jr.
T Barrett

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
February 6, 1996
Zoe D. Bruner, District Planner
Division of Coastal Management
OA
IDFEE HNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Carlos Black
Yr� �
RECEIVED �'
FEB 27 1996
Adj to Wrightsville Sound at 215 Summer Rest Road in New Hanvoer County
Maintenance excavate an existing basin and expand it westward
Please indicate below your office's position or viewpoint on the proposed project and return this form
by February 27, 1996. If you have any questions regarding the proposed project, please contact Tere
Barrett at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This pproves e the --pro
,ject only if the recommended changes are
inco rated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE 2 Z
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
.%W,
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
26 March 1996
MEMORANDUM
TO: John Parker
FROM: Fritz Rohde
THROUGH: P.A. WOJCIECHOWSKI j
SUBJECT: CAMA/DREDGE AND FILL PERMIT APPLICATION
Carlos Black
The subject project has been reviewed, the following comments by the Division of
Marine Fisheries are provide pursuant to General Statute 113-131 .
The Division of Marine Fisheries has no objections to the dredging of the existing
basin and the area under and adjacent to the floating dock. However, the excavation of
the proposed new boat basin will be detrimental to the existing marsh and silty intertidal
area. Therefore, we recommend that this portion of the permit request be denied.
PAW/bc
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
'H651th 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:
February 6, 1996
Mr. Bruce Freeman, Director
Division of Marine Fisheries
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Carlos Black
Adj to Wrightsville Sound at 215 Summer Rest Road in New Hanvoer County
Maintenance excavate an existing basin and expand it westward
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 27, 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.
SIGNED
This agency has no comment on the proposed project.
v_ This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE 2—Z d' —ql
F-PUB. TR./,ci RLANDS
Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North
Department o'
Health and Nc
Division of Coastal
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
RECEIVED N
EB SIAL
COasfAl co
81996
MANAGEMENTt)n
rJ69
m
'0 EHNF1
February 16, 1996
A
------------------
TO: Mr. Joe Henderson, a Received
Acting Director Cft State
State Property Office ��a Property Office
Department of Administration �<<
OL68L9546
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Carlos
OWA
PROJECT LOCATION: 215 Summer Rest Road, off Hsy. 74, New Hanover Co.
PROPOSED PROJECT: To maintenance excavate existing basin and expand it.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 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.
p This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
/ o eA 6t/rin f changes are incorporated. See attached.
6t"^'d pct, This agency objects to the project for reasons described in the
N.4 r d, k' ttached comments.
k-rs-4L
Signed Date i
P.O. Box 27687, Weigh. North Carolina 27611-7687 Telephone [phone] FAX [phone]
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4

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
March 1, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
XA
, •
1
E:)FEE HNFR
Cl'i�u` '�jljl
FROM: John Parker Ni: R EQ
Major Permits Processing Coordinator O Rtj-r
11.
g6
SUBJECT: CAMA/Dredge and Fill Permit Application Review CP MpR t
APPLICANT: Carlos Black �Q
PROJECT LOCATION: 215 Summer Rest Road, off Hwy. 74, New Hanover o. 9
PROPOSED PROJECT: To excavate an existing basin and expand it westward.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
/, It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
/.jo-` 'Z O•fG C /L z To dui
lalke
Signed Date
�/l�w/roc- /� /i✓�SOEfJ u i¢%E 710 •ti v Tc H O�/.'O
/✓/SGy/O7/ O�
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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UNITED STATES POSTAL SERVICE W� DM ?8 SS e s
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• Print your name, address, and ZIP Code in this box •
C�'CZmS 15z1%K/'-
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NAP 01 ' 6 11:08ptl
State of North Carolina
^�- Department of Environment,
G� Health and Natural Resources
Division of Coastal Management
u Ux James 8, Hunt, Jr., Governor
�1t Jonathan B. Howes, Secretary
Roger N, Schecter, Director
February 16, 1996
MEMORANDUM
TO: Ms. Linda Sewall
Director
Division of Environmental Health
Ft
01V. OF ENv!r1 ,
= t L
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CA.MA/DREDGE & FILL Permit Application Review
APPLICANT: IP Carlos Black
PROJECT LOCATION: 215 Summer Rest Road. off Hwy. 74, New Hanover Co.
` PROPOSED PROJECT: To maintenance excavate existing basin and expand it.
¢t Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733 2293. When appropriate, in-depth continents with supportmg data
are requested.
r/ -
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. G /C) 3 c,// —
SignedDate`��o
--i
P.O. Box 27c87, Ra>eigh, North Cerolina 27611-7657 Telephone [phone] FAX [phone]
An Faua Onnnrh inity Affrmngya Antinn Fmolnysr YIS, racycled/ I M DOS-COnSLM&f DODO!

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
February 16, 1996
MEMORANDUM
----------------
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
RECEVVEO
MAR 6 1996
Mp1CO1pGF2AENT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT:
PROJECT LOCATION: 215 Summer Rest Road, off Hwy. 74, New Hanover Co.
ROPOSED PROJECT: To maintenance excavate existing basin and expand it.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by March 8, 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.
�( 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 %) ,� 6044 � Date - a 9 -of
%askl 1�<g w*Coc'z:I NC 4J?C
May 21, 1993
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment, AM IMETMI
Health and Natural Resource IIII
Wilmington Regional Office !y5 FEB 0 7 1996
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:
ID FE F=1111
February 6, 1996
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Carlos Black
Adj to Wrightsville Sound at 215 Summer Rest Road in -New Hanvoer County
Maintenance excavate an existing basin and expand it westward
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 27, 1996. If you have any questions regarding the proposed project, please contact Tere
BarTett at extension 246. When appropriate, in-depth comments with supporting data is requested.
REPLY: \/�GThis 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� C C (L ') (---, i v I�- r-DATE Q 2— Z--? — GC,
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

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
C)FEE HNR
February 16, 1996 JDj�.. 7D
FEB 21 1996
MEMORANDUM
TO:===-- -- -"Mz: o e - --
IMSION OF WATER RESOURCES
Water Planning Section
Division of Water Resources �, 1
FROM: John Parker, Jr.
Major Permits Processing Coordinator HpRcN��t
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie
APPLICANT:. Carlos Black
PROJECT LOCATION: 215 Summer Rest Road, off Hwy. 74, New Hanover Co.
PROPOSED PROJECT: To maintenance excavate existing basin and expand it.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 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``
Date JZI�" f!
P.O. Box 27687, Rdelgh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
60% recycled/ i o% 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
February 16, 1995
ff UKu1;.LI1
- - ---1` -- - Mr. -Larry R. UbodeF
Highway Administrator
Division of Highways
E)EV't,
FEB M-Z�
261996
4+aWAI
MAilA6EMENT
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Cates Black
PROJECT LOCATION: 215 Summer Rest Road, off Hwy. 74, New Hanover Co.
PROPOSED PROJECT: To maintenance excavate existing basin and expand it.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 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
att hed ents.
Signed �1 Date 2-�
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

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:
February 6, 1996
Mr. Charles Gardner, Director
Division of Land Resources
1
L
[DFEE HNFI&I
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Carlos Black
Adj to Wrightsville Sound at 215 Summer Rest Road in New Hanvoer County
Maintenance excavate an existing basin and expand it westward
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 27, 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.
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 �'eq 9 199(c
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

M. 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:
Proposed Project:
February 6, 1996
Mr. William A. McNeil, Director
Division of Community Assistance
AIFWA
IDFEE HNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Carlos Black
Adj to Wrightsville Sound at 215 Summer Rest Road in New Aanvoer County
Maintenance excavate an existing basin and expand it westward
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 27, 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.
L,,�s 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 (2DATE 3
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
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
February 16, 1996
Environmental Review Coordinator
Division of Archives and History
/, •�'
�EHNF-�
FROM: John Parker, Jr.
Major Permits Processing Coordinator
RECEIVED
At, 3.5 1996
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT:. Glrl�itlEk
PROJECT LOCATION: 215 Summer Rest Road, off Hwy. 74, New Hanover Co.
PROPOSED PROJECT: To maintenance excavate existing basin and expand it.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 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.
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 Y/x Date 3
/tG
P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/ 1 o96 per -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF April 3, 1996
Regulatory Branch
Action ID No. 199603001
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7667
Dear Mr. Parker:
Reference the application of Mr. Carlos Black for a Department of the
Army (DA) permit to construct a 200 square foot floating dock and to maintain
and enlarge a basin, including 2,800 square feet of vegetated wetlands, on the
Atlantic Intracoastal Waterway (AIWW)I near Wrightsville Beach, New Hanover
County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report. ,
We recommend that 'the"following conditions be -included in the State
authorization:
a. With the following exception, all work authorized by this permit must
be done in strict, compliance with the, permit plans.
Plans will be revised to eliminate the proposed excavation of
vegetated wetlands. Excavation will not extend closer that
ten (10) feet to vegetated wetlands to prevent undermining.
b. No vegetated wetlands will be excavated or filled.
c. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands.
d. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
e. No excavated or fill materials will be placed any time in any
vegetated wetlands or waters.
f. Excavation in the area to be maintained will not exceed five (5) feet
below the elevation of mean low water (MLW). Excavation in the area to be
newly excavated will not exceed two (2) feet below the elevation of mean low
water (MLW).
g. The permitteeIs 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 for the United

-2
States, the lands are needed any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
h. This permit does not authorize the interference with any existing or
proposed Federal project. The permittee will not be entitled to compensation
for damage or injury to the authorized structure or work that may be caused
from existing or future operations undertaken by the United States in the
public interest.
i. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or next 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.
j. The permittee will maintain the authorized work in good condition and
in concordance 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.
Questions or comments may be addressed to me at telephone [phone].
Sincerely,
e y Rich r�re.f
rManager
ilmington Field Office
Regulatory Branch
Copies Furnished:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. 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
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

SENT BY:Wilmington District
; 3-27-96 ; 8:12 ; USAGE —Reg. Branch
; ii 2
Regulatory Branch
Action ID No. 19%03o01
Mr, John Parker
March 25, 1996
Division of coastal Management
North Ca�olins Department of Environment,
Health, and Natural Resources
Post office Box 27687
Raleigh, North Caroline 27611.7687
Dear Mr. Parker!
')/?Ai:t
Reference the application of Carlos Black for a Department of the Army
permit to dredge approximately 2,9000 square feet of wetlands, shallow bottom,
and mudflate, and construct a 200 square foot floating dock, adjacent to the
Atlantic Intracoastal Waterway, at 215 summer Rest Road, near Wrightsville
Beach, In New Hanover County, North earotina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report. We understand that
the permit is being conditioned to lessen the amount of new dredging as a
Means of avoiding impacts to vegetated marsh,
We recommend that the following conditions) be fnctuded In the State
suthorfzstionl
K 1) All work authorized by this permit must be performed 1n strict
conpLI once with the permit plans.
2) Ali excavated materials HILL be confined Landward of the mean high
water (MOW) elevation contour and any regularly or Irregularly flooded
vegetated wetlands within adequate dikes or other retaining structures :o
prevent spillover of solids into any vegetated wetlands or surrounding waters.
3) No excavated or fill materials will be placed At any time (including
temporary ptecament and/or double handling) in any vegetated wetlands or
waters.
4) Excsvation wits! not exceed five foot (in the area to be maintained)
and two feet (in the new basin) below the etawtion of mean low water (MLW).
No excovation cf vegetated wetlands wilt occur.
5) The per�7nl t tee 'a scheme of development, of which the authorized work
is a part, contempLatsa the presence of structures and their attendant
utilities on Lands subject to an easement in favor of the united Sietes for
the operation, maintenance, improvercent, and enlargement of the Atlantic
inrracoostal Waterway (AIWW). According,,, the permittee wilt be required to
remove ouch structures and improvements at his own expense in the event that,
in the iudgment of the U.S. Army Corps of Engineers acting on behalf of the
united States, rho lands are needed a: any ti ma for any purpose within the
scope of the easement. Permanent buildings W!tl not be constructed within r .
easement,

n
SENT BY;Wilmington District ; 3-29-96 ; 8:12 ; USAGE —Reg. Branchy
;# 3
41
k.
III
=_J
6) This permit does not authorize the interference with any existing or,
proposed Federal project, and the permittee will not be entitled to
compensation for damage or Injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest_
7) No attempt will be made by the permittee to prevent the fu I 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.
a) If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
Prescribed by the U.S, coast Guard WILL be instal Led and maintained by and at.
the expense of the permittee.
9) It is possible that the authorized structure may be damaged by
wevewash from passing vessels, The issuance of this permit does mat relieve
the permittee from; taking sit proper steps to ensure the integrity of the
Permitted structure and the safety of moored boats. The permittee WILL not
hold the United states liable for any such damage.
10) 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.
11) The activity will be conducted in such a manner as to prevent a
significant Increase in turbidity outside the area of construction or
constrdction-related discharge. Increases such thatwat;the turbidity in the
theerbady fa sn )Tw'- +� II i 91—dee f ylA's tad --es _„r—ayters by
y less in all saltwater Classes NO 25 NTU's or
na reiervo rs, a
Less in trod.--�.- are not considered significant.
12) This Department of the Army permit does not obviate the need to
obtain other Federal, State, or Local authorizations required by Lew,
13) This permit does not grant any property rights or exclusive
privileges.
14) In issuing this permit, the Federal Govarnmsnt does not asaume any
l lability for:
6, Damages to the permitted project or uaes 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
public. general
c. Damages to other permitted or unparmltted activities or structures
caused by the authorized activity.
2

SENT DY:Wilmington District 3-27-96 5t13 USAGE —Reg, Branchy
PRAFT
work. d. Design and construction deficiencies associated with the permitted
e• Damage claims Associated with any future modification, or revocation of this permit. suspension,
15) Approval of the structure was based on determination that there
would be no obstruction to navigation. Under conditions existing in the
Atlantic Intracoastal waterway (AIWW), a possibility exists that the structure
may be damaged by wave wash from passing vessels. unreasonable slowing down
Of vessel traffic cannot be required because It would tend to nullify the
navigational benefits on which the AIWW was justified, Issuance of this
permit should not be construed as relieving the permittee of taking proper
Steps to Insure the structure and moored boats wilt not be damaged by wave
wash normally to be expected In the AIWW.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
Copies Furnfahede
Mr. John Dorney
Water 'Quality Section
Division. of Environmental
Management
North 'Carolina Department of
Envirorexent, Health, and
Natural Rosources
4401 Reedy Creek Road
Rateleh, North Carolina 27607
Ms. L. K. (Mike) Gantt
U.S. Ff sh end Wildlife servlee
Fish and wildlife Enhancomant
Post Office sox 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marina Fisheries Service
Pivere Island
Beaufort, North Carolina 285L6
G. Wayne Wright
Chief, Regulatory Branch
Mr. Thomas Wei born, Chief
Wetlands Regulatory section - Region 1V
Wet arils, Oceans and Watersheds Branch
u.s. Environmental Protaction Aganey
3
i# 4

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
W ILMINGTON. NORTH CAROLINA 28402-1890
re.- t),3 �. 1Gq co
Regulatory Branch
Action ID. �1q�9 l �7w1 Applicanc
Jos Black
daterwav A\WW County Nei-1 N4viGv.rType
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA -
Pivers Island
Beaufort, :forth Carolina 28516
Ms. L. K. (like) Ganct
Fish and Wildlife Enhancement
—S. Fish and Wildlife Service
Fosc Office Sax 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Seccion-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Ac'_anca, Georgia 30365
Gentlemen:
RECEIVED
FEB 29 1996
„L
U14AGEFAENT
Mr. John Parker
Division of Coastal Managemenc
North Carolina Department of
Environmenc, Health and
\ , Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
no. 1ZO)D S+-Ouc�
L,.;1,%a4o.n Regional Office
Divi�f Coastal Management
North Carolina Department of
Environment, Health and
Nacur Resources
II '`7.lg�cl��`1na11 (�L3r'tyt Lxj,
�Qg LioS - 3845
Pursuant to Action ID Yo. 198000291, the CAMA-Corps general permit/processing
agreement, a Scare Field investigation Report is enclosed. Your comments and/or
recommendations would be anpreciaced on or before
Questions or comments d2ay be addressed to l"^ r.
Regulatory Branch, W; � rn iy%r-ion Field Office, telephone a10) ^j-5l ' 4 631,
Sincerely,
CV
e Wrigh
Chi Regular Branch
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTM OF
February 26, 1996
Regulatory Branch �` 1 j
Action ID No. 199603001 Ol1.GiYEO
MAN 5 1996
y�,fMENT
Mr. Carlos Black
215 Summer Rest Road to
Wilmington, North Carolina 28405
Dear Mr. Black: < 9
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 February 23, 1996, for Department
of the Army authorization to dredge approximately 2,900 square feet of
wetlands, shallow bottom, and mudflats, and construct a 200 square foot
floating dock, adjacent to the Atlantic Intracoastal Waterway, at 215 Summer
Rest Road, near Wrightsville Beach, in New Hanover County, North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should You begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
tome w is Recyw Face

.''r
'�,
�.
�- �'� ._
�,; ,,'�
.,•� .__

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 March 15, 1996. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199603001,
It will be coordinated by Mr. Jeff Richter in our Wilmington Field Office.
Mr. Jeff Richter is available at telephone [phone].
Enclosure
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DMSION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Carlos Black
2. LOCATION OF PROJECT SITE: Adjacent to Wrightsville Sound at 215 Summer Rest Road
off of Highway 74 in New Hanover County.
Photo Index - 1989: 174-6; Grid R-12 1984: 18-227; Grid P-4
State Plane Coordinates - X: 2359075 Y: 172800
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/22/95; 2/l/96
Was Applicant Present - Yes - contractor; No
5. PROCESSING PROCEDURE: Application Received - 1/19/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - NHCO, Wrightsville Sound Addendum
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT, CW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - None
(F) Type of Structures: Existing - Residence, Bulkhead, Pier, Dock
Planned - New and maintenance excavation, Boatlift
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED INCORP
(A) Vegetated Wetlands
Snartina altemiflora
150 sf
(B) Non -Vegetated Wetlands
Mudflat
186 sf
(C) Other High Ground
1450 sf
Open Water
200 sf
Shallow Bottom
2566 sf
(D) Total Area Disturbed: 4552 sf
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: Applicant proposes to maintenance excavate an existing basin and
expand it westward.

Carlos Black
Page 2
9. PROJECT DESCRIPTION 2/05/96
The project site is located in a residential area on Summer Rest Rd. in New Hanover
County. The applicant lives on the western side of the road at 215 Summer Rest Rd.
The property continues across to the eastern side of the road, where the land fronts
Wrightsville Sound. There is a buffer of approximately 110' of Spartina alterniflora
marsh before the open water basin.
The site averages approximately 8' above mean sea level on the east side of the road.
This point in Wrightsville Sound is opposite the conflux with Lee's Cut. With many
marinas in the vicinity, this is an area of concentrated boating activity.
The New Hanover County Land Use Plan - Wrightsville Sound Area Addendum
classifies the area as Conservation. The waters are classified SB by the Division of
Environmental Management. The area is not designated as Primary Nursery by the
Division of Marine Fisheries, and it is closed to the taking of shellfish for
consumption.
The property is 50' wide and approximately 300' deep. There is an existing bulkhead
on the property at the marsh edge, and a pier with a floating dock that extends into an
excavated basin. This basin connects directly to the AIWW, and has been excavated
regularly to serve property owners in the area. The basin was extended across the
project site under State permit #241-89.
The applicant proposes to perform maintenance excavation within the basin area
adjacent to his dock. This area is approximately 40' x 50', and averages -4' mean
low water. The dredging would remove approximately 74 cubic yards of material to
a water depth of -5' mean low water. The applicant wishes to expand this area on the
north side of the pier in a westward direction to enlarge the basin by approximately 6'
x 29'. This area has never been excavated, and current soundings show
approxmiately +.5' mean low water. This area is proposed for a finished depth of -
2' mean low water, removing approximately 16 cubic yards of material. On the south
side of the pier, the applicant proposes to excavate an additional boat basin off of that
existing. This basin would extend westward approximately 42' with a 14' proposed
width. Current soundings indicate a water depth of +.5' mean low water, and the
proposal would remove 120 cubic yards to a depth of -5' mean low water. The edge
of the marsh extends into this area, and approximately 150 square feet of this is
within the area proposed for dredging. The remainder of this area is a mudflat that is
unvegetated probably due to the regular flow of water from air to water heat systems
in the adjacent residences.
The bottom material within the areas proposed for dredging is silty. The site
inspection revealed the presence of shellfish, though mostly dead. The total area to
be disturbed by excavation is approximately 2762 square feet, with a removal of
approximately 210 cubic yards of material from the system. The dredging would be
accomplished by dragline to barge, with the material to be deposited on a spoil island

on the northeast side of the AIWW at Shinn Creek. The area designated for the spoil
from this project is approximately 350' x 450'. The dewatered spoil is to be
contained by siltfencing. The spoil island is owned by Lawrence Lee, and permission
is on file for its use.
Lastly, the applicant proposes to construct a boatlift, 13'3" x 15' within the newly
created basin. The riparian corridors in this area extend perpendicular to the created
basin back to the bulkhead. The boatlift as proposed is within the 15' setback
required from this line. The file contains a waiver from the adjacent riparian
property owner, Nathan Sanders.
10. ANTICIPATED IMPACTS
The project as proposed will disturb approximately 2762 square feet of shallow
bottom area, approximately 150 square feet of which is vegetated with coastal marsh.
Approximately 2000 square feet of this has been dredged previously. It can be
expected that the area will suffer an incidental loss of additional wetlands due to the
proximity of the excavation to the wetlands. Turbidity increases can be expected
during excavation.
The spoil area is proposed to be 350' x 450' of a high ground area on an existing
spoil island. Realistically, this area can be reduced to approximately 1450 square feet
with a 2' depth.
Construction of the boatlift will incorporate 200 square feet of Public Trust Area.
Submitted by: T. Barrett Date: 2/05/96 Office: Wilmington

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. Ct L TId
1. APPLICANT k{
a. Landowner:
c. Street address or second road number
z/ - �`v/yi�/E �eEsr
Name GA&LOS /✓1/,# d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 2/$-- ��//`/��/ le&- T /CCU
,� / p e. Name of body of water nearestpr-;arr e. Div
City AltGA1%/VG�TOState/✓ /✓ L 10 yvsS creek. soe:nc hav`
g
Zip2�({O S Day Phone / 10 -2�r6 — ?got>
Fax o-oBdS 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: p —
Name S� L-`/ i)S a.
Address
vim
Clt S
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fillin activities
C,444Ti orl/ �,Q /io/�'T Ovb W)
y Xi STliV cr- oi4r <}5/N
JAN 1 9 1 ),EW4,NCE 0L'E.r,'si/.UIT 13j6�1�1)
Zip Day Phone b. Is the proposed activity maintenanc ff4xisting
DIVISION OF roject, new work, or both.
Fax COASTAL MANAGEMENT
c. Project name (if any)
NOTE. Permit will be issued in wne of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT ✓O
a. County, /l/E�y
c. Will the projectbe for public, private or commercial
use? _ R/I/.9TEySE
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is peeded, please attach
Y/ HAS 70 /VC
i1
MA -
Revised 03/95

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract /—�7/ �xx sQ rar
b. Size of individual lot(s) / LDS 2�/�-Q'ot%T
0400415
c. Approximate elevation of tract above MHW or
NWL e/
d. Soil type(s) and ) of tract
texture(s
s�
e. Vefta iog9y tract sNRyNE�7 e T
f. Man-made features now on tract t5l%VCsLE
FA" /L' j Ho ME t 04FrACN 4yf
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land we plan.)
in. Describe existin wastewater treatment facilities.
ouH 7- .1 E6_Ne 2
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
A wastewater, industrial/commercial effluent, "wash
down" and residential dis az
$di2Fi4�E f�oF-F"
o. Describe existing drinking water supply s urce.
)O P/V A7rFyT-11-17-q
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
Conservation Tr
���� �� •4 {� of the deed (with state application only) or
Developed Co nTty
Rural r other instrument under which the applicant claims title
JAN 1 9 199? .
affected properties. If the applicant is not
h. How is the tract zoned by local government? clazming to be the owner of said property, then
�Q _ 2 p DIVISION OF forward a copy of the deed or other instrument under
OOAS ANAGEhiEDhTthe owner claims title, plus written permission
Is the ro osed oiJect consistent with the applicable from the owner to carry out the project.
p p;C;;;�
zoning? Yes No
(Attach Zoning compliance certificate, i(applicable)
Has a professional
done for the tract?
If yes, by whom? -
archaeological assess}8ent been
Yes t/ No
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or gible property?
Yes No
Are there wetlands oft the site? — Yes _ No
Coastal (marsh) Other o
If yes, has a delineation been conducted?
(Attach documentation, if available)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name NAW N !/D/k
Address _2.1/ (1,0W C—Z
Phone 97/0 — ow S�G — 9 2 S
NameSt//` 1ye;t RE57&,47- p(,t//V6)1? *A
Phone
6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
�Cpermit application and follow-up monitoring of the
project.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone � ��j i�Q 19
i
� ,
• A list of previous state or federal per I(�s,. sued�lIfRRCC'' ',�
This i 61h;/2 day of ,`
work on the project tract. Include permit numtltt�N 1 9 �W& Name G''g'Q/—oS /3Z,g C,t--
permittee, and issuing dates. �DII�VISION OF
�ZI Oan? C / LOS ��JnrIJ/�ANA(SF i
caner or 'Le Agent
• 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.
Please indicate attachments pertaining to your proposed
prod
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

�'
�
t
� r
�1 .
. !
'.
i, -

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
1y041#r67*99*CE
OF CX/sT• 9.45/N
A1&7sk! 809S1N
FXP.AtA14io.V OF.
EAi3VoN4* ^4tN
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
suabili ation)
Average Final
Existing Project
Length Width Depth Depth
0,96
40
- 4-
- S
1/- 2
1,Y-
+ 0.5
—5
JAN 191996
DIVISION OF
COASTAL MANAGEMENT
1. EXCAVATION
a. Amount of material to be excavated frcvn below
MHW or NWL in cubic yards .2 /O
b. , Type of material to be egavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged tic vegetation
(SAVs) or other wetlands? _ Yes _ No
d. Highground excavation in cubic yard, Q
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area $/o0/L /S44?vo
�Sq- vF / cW -r< NocZ % � o SHiNN 4PF6k
b. Dimensions of disposal area O✓sd/'� Its-c?
c. Do you claim title to disposal area?
Yes �L 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? SR �E /S�/17✓� fiJ5
�3a11E
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or er wetlands?
Yes No
f. Does the disposal in de 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 information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be}afought to site?
Yes V 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 otO& wetlands?
Yes I/ No
If yes,
(1) Dimensions of fill area
( [pose oft
JAN 19 1996
�ncinn� r7F
5. GERV AL MANAGEMENT
a. How will excavated or fill material be kept on site
and erosion controlled?
Sic. T -p�—E7V C E
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr ssed in transp mg equipment
to project site? _ Yes Vr No
If yes, explain steps that will be taken to lessen
environmental impacts.
6';�ezo5 444«
App 0Project
Signature /
/-A6 - �6
Date
Revised 03/95

Form DCM-MP4
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
(4) Width
(5) Finger Piers Yes _ No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes _ No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
Boathouse (including covered lifts)
(1) Commercial
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
E,
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW,
wetlands
(3) Maximum distance beyond MHW
wetlands
Private
NWL or
ITUTIN ms
DIVISIUN OF
COASTAL MANAGEMENT
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure oatlift mooring pilings
(1) _ Commerci Community ✓Private
(2) Number
(3) Length
(4) Width /.`�f:
g. Other (Give complete description)
Date
C
Revised 03/95

uss NmN co�w�
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Carlos Black
215 Summer Rest Road
Wilmington, NC 28403
Ii y -,2S - 9Fe,
JAN 191996
DIVISION OF
COASTAL MANAGEMENT
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? k i DIVISION OF
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CARLOS Br.ACX v Svc
215 SUMMER REST RD. ? p /M/�ROVEMENTS
WnWINGTON. X.G. 28403
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COASTAL DEEP WATER
5400 IBIS'COURT
WILMINGTON, NC 28409
qln .3 (Z 9 H
JAN 19 1996
DIVISION OF
COASTAL MANAGEMENT
e7

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JAN 19 1996 d'
DIVISION OF
COASTAL MANAGEMENT0 ! Q
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CARLOS BIACB So !
213 SUMMER REST RD, /✓Ew 30,9T 1901511,v
WILMINGTON. N. G =401 1HPkoovEH6-N7
/(/EGt/ �/�/I/OVL fZ �x/s ri'�e✓l� /3oc�s
SCREE //g!/s / /
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i •complete hems 1 and/or 2 for additional services.
i -Complete items 3, 4a, and 41b.
e Prim your name and address on the reverse of this form so that we can return this
card to you.
•Attach this form to the from of the mailpiece, or on the beck if apace does not
! permit.
s Write'Retum Receipt Requested' on the meilpiece below the article number.
-The Return Receipt will show to whom the adlcle was delivered and the date
delivered.
i
r 3. Article Addressed to:
AA
5. Received By: (Print Name)
g 6. at re:,tpdd�esse Age t
Jl/CLl/�e�n
r
PS FoRt.38111, December 1994
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
❑ Registered 'A Certified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
>Z
and fee is paid)

First -Class Mail
UNITED STATES POSTAL SERVICE�J,�LF Postage & Fees Paid
USPS
FAYE EV'iCLE
- ---
• Print you a! Addr&s, and ZIP Coda in_thls
/.9 ,
�/ � Grp !•i"� �� ( N� o2g�os

1/ BOOK PAGE
I RECORDED APlD 'JER!FIE�
164 p 9 5 U MARY SUE OOi:S
STATE OF NORTH CAROLINA REGISTER OF UEEDSIIEW HANOVERCO.NC
WARR
COUNTY OF NEW HANOVER ANTY DEEDL'93(ERR 4 RM 1134
NO REVENUE STAMPS day of �G ^ , 19c13,
THIS DEED, made this y th
by and between LaWanda M. Black, of NewTFF
o Nevr er
Carolina, party of the first part; and Carlo7t;County, North Carolina, party of the secon.
W I T N E S B E T H:
JAN 19 1996
DIVISION OF,�1
V
WHEREAS, t�
he party of the first part CT�.
�,RA�Iv.�-Ithe
second part are husband and wife; and
WHEREAS, the parties separated on 28 November 1992; and
WHEREAS, the party of the first part and the party of the
second part acquired title to the hereinafter described tracts of
real property as tenants by the entirety by virtue of those certain
deeds recorded in Book 1452 at Page 183 and Book 1513 at Page 591
of the New Hanover County, N.C. registry; and
WHEREAS, the party of the first part is required to convey to
the party of the second part her undivided interest in the subject
real estate pursuant to that certain SofaMarch,l 1993 Agreement and
Property Settlement dated the 3 day
NOW, THEREFORE, the party of the first part, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other valuable
considerations paid or transferred by the party of the second part
the receipt of which is hereby acknowledged, has given, granted,
bargained and sold, aliened and conveyed and by these presents does
give, grant, bargain, sell, alien and convey and confirm to the
party of the second part and to his heirs and assigns forever, all
other interest of those certain tracts of land situated, lying and
being in the County of New Hanover, bounded and described as
follows:
THAT CERTAIN PROPERTY DESCRIBED ON THE ATTACHED
"EXHIBIT All WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE AS IF FULLY
SET FORTH HEREIN
TO HAVE AND TO HOLD the above granted and described
e premises,
s
together with all and singular rights, privileges,
tenements and appurtenances thereunto belonging or in anywise
appertaining unto the said party of the second part, Carlos Black,
his heirs and assigns in fee simple FOREVER.
The said party of the first
executors and administrators, sdoes
heirs
party of the second part,
in fee of an undivided interest in
:r'k:
part, for herself, her heirs,
covenant to and with the said
and assigns, that she is seized
the above granted and described
000033 RETURNEDTO

to
a
premises, having owned this undivided interest as a tenant by
entirety with the party of the second part, and that she has good
right to sell and convey her undivided interest in fee simple; that
the same is free and clear from any and all encumbrances, save and
except for the exception hereinafter stated, and that she and her
heirs, executors, and administrators, shall WARRANT and DEFEND the
title of this undivided interest against the lawful claims of any
and all persons whomsoever. Title to the property hereinabove
described is subject to the liens and encumberances of record
incurred jointly by the parties.
IN TESTIMONY WHEREOF, the said party of the first part has
hereunto set her hand and seal, all on the day and year first above
written.
�• w"" (SEAL)
LaWanda M. Black
STATE OF NORTH CAROLINA JAN 191996
COUNTY OF NEW HANOVER DIVISION OF
I, ,[�,--t CdO t ��i� �EinT
and for the to and Count a oresaid, do hereby certify that
LaWanda M. Black personally appeared before me this date and
acknowledged the due execution of the foregoing instrument for the
purposes therein expressed.
�W T�NESS my hand and notarial
199x.
3
seal, this the 31—"o— day of
P�NE L, K�,yC , My Commission Expires:
NOTARY • ,
m . 6 ' ' .TE OF N 2 tTH CA.!' _:L A
^+ PUBLIC
1 : ?ew Ha_love_ 'ougti
fn ; y .`• .li The Foregoing/ F+. zl �certificate(A of
Oa • AX "`� �\ \, inn. , r ( /C /A/ &1
l+otary (NA-, as) Public's/ a certified
to be coned.. G'
a %f%A'2 - 19L
This the � •� day of
S Mary Sue Ootss,)Regis�— of deeds
b
.-f y duty/

584K PAGE
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B13A;K'1 91996
DIVISION OF
TRACT NO. ONE: BEING all of (;pA.Sjt4sM, jq0 end 12 on a map of
SUMMER HAVEN, prepared by J. T. Becton, Civil Engineer, in October
1927, and recorded in the Office of the Register of Deeds for New
Hanover County, North Carolina, in Map Book No. 2, Page 122, and
being more particularly described as follows, to -wit: BEGINNING at
a point in the northern line of Ocean Avenue, distance 75 feet
South 68 deg. 25 min. West from the intersection of the North line
of Ocean Avenue with the Western line of Blue Avenue as shown on
the map of Summer Haven, recorded in Map Book No. 2, Page 122, and
running thence North 21 deg. 35 min. West 154.8 feet to the Western
- line of Blue Avenue; thence with the Western line of Blue Avenue
114.68 feet to the Eastern line of Lot No. 13; thence South 21 deg.
35 min. West with the line between Lots Nos. 11 and 13, 258 feet to
the Northern line of Ocean Avenue; thence continuing the same
course across and beyond Ocean Avenue to the edge of the Sound;
thence Northeastwardly along the edge of the Sound to a point which
bears South 21 deg. 35 min. East from the point of BEGINNING;
thence North 21 deg. 35 min. West to the point of BEGINNING,
EXCEPTING from this description that portion occupied by Ocean
Avenue, 40 feet wide. This description covering Lots 9, 10, 11 and
12 of the plat of SUMMER HAVEN, recorded in Map Book No. 2 at Page
122, Records of New Hanover County. Being the same property
conveyed by Lillian B. Blue et al to P. Heinsberger and wife, by
deed recorded November 8, 1927 in Book 184 at Page 484 in the New
Hanover County Registry.
TRACT NO. TWO. ALL THAT certain tract of marshland situate, lying
and being in the State of North Carolina, County of New Hanover,
Harnett Township in Wrightsville Sound in front of the Village of
Summer Rest extending eastwardly from said Village of Summer Rest
to the western boundary line of the right of way for the U.S.
Intra-Coastal Waterway. The plan of the Village of Summer Rest
being recorded in Book 10 at Page 1 of the records of New Hanover
County and reference is hereby made to the said plan for a more
particular description. The tract hereby conveyed being bounded as
follows: BEGINNING at a stake in the northern line of Ocean
Avenue, the southwest corner of Lot #7 according to the'plan of
Summer Haven recorded in the records of New Hanover County in Map
Book No. 2 at Page 122 and running thence with a line of a tract of
marshland conveyed by Margaret B. Moscow and husband Abraham Moscow
to A. A. Hergenrother by deed of even date.
1. South 21 deg. 35 min. East 530 feet to the northern line of
State Grant # 1168 issued to John R. London, May 12, 1817;
2. Thence with the line of said London grant North 84 deg. 40
min. West 50 feet to a stake in said line, a corner of a tract of
marshland conveyed by Margaret B. Moscow and husband, Abraham
Moscow to Mary D. Taylor by deed of even date.
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