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HomeMy WebLinkAbout122-96 Dalkeith Homeowners Assoc.Permit Class PermitNumber NEW 122-96 STATE OF NORTH CAROLINA Department of Environment; Health` & Natural Resources _ and Coastal Resources Commission for,.-�,;� X Major Development in an Area'of Snv_iro_nmental Concern pursuant to NCGS 113A-118 ' Excavation and/or filling pursuant to NCGS 113-229 • 1 i n . r i i t/ �7i115fiT RT1 1F&'1-.21711,=11"Tift n i A� i ►C�i, authorizing development in New Hanover County at Masonboro Sound..7 miles north of Whiskey Creek , as requested in the permittee's application dated Letter dated 7/12/96. This permit, issued on �G 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. Pier and Docking Facility Construction 1) In order to prevent the new addition to the existing pier from violating the one-third rule of the Rules of the Coastal Resources Commission, the waterward advance of the proposed addition must be reduced by thirteen (13) feet; i.e., the total length of the existing pier and the new addition must be no longer than 1282'. 2) All portions of the existing pier extending from the main structure (not to include the 12' x 32' fixed docks) are to be removed prior to construction. 3) No work can begin on this structure until such time as a Special Use Permit is obtained from New Hanover County. (See attached sheet for Additional Conditions) This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department, personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the ppermit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. �r ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dalkeith Homeowners Association Permit#122-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 5) 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. 6) 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. 7) 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 parry. 8) The authorized structure and associated activity will not cause an unacceptable interference with navigation. Drainage Improvements 9) All work authorized by this permit must be performed in strict compliance with the permit plans. 10) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than that shown on the permit plans. 11) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. NOTE: The Division of Water Quality authorized this project under General Water Quality Certification No. 3025 on July 18, 1996. Permit Class NEW STATE OF NORTH CAROLINA Department of Environment; Health & Natural Resources _ ., and Coastal kesources .Commission for, % r, Major Development in an Area`Of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 122-96 Issued to Dalkeith Homeowners Assoc., c/o Mickey Southerland, 5625 Dalkeith Rd., Wilmington- NC authorizing development in New Hanover County at Masonboro Sound..7 miles north of Whiskey Creek , as requested in the permittee's application dated Letter dated 7/12/96. This permit, issued on �G 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. Pier and Docking Facility Construction 1) In order to prevent the new addition to the existing pier from violating the one-third rule of the Rules of the Coastal Resources Commission, the waterward advance of the proposed addition must be reduced by thirteen (13) feet; i.e., the total length of the existing pier and the new addition must be no longer than 1282'. 2) All portions of the existing pier extending from the main structure (not to include the 12' x 32' fixed docks) are to be removed prior to construction. 3) No work can begin on this structure until such time as a Special Use Permit is obtained from New Hanover County. (See attached sheet for Additional Conditions) This permit action may be appealed by the pemtittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the ppermit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. 76�r Ifter N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Im Dalkeith Homeowners Association Permit#122-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This.permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 5) No attempt will be made by the permttee to prevent the full and free use by the public of all navigable waters at or adjacent to theauthorized 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. 6) 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. 7) 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. 8) The authorized! structure and associated activity will not cause an unacceptable interference with navigation. Drainage Improvements 9) All work authorized by this permit must be performed in strict compliance with the permit plans. 10) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than that shown on the permit plans. 11) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. NOTE: The Division of Water Quality authorized this project under General Water Quality Certification No. 3025 on July 18, 1996. Permit Class Permit Number NEW 122-96 STATE OF NORTH=:CAROLINA .Department of Envitonmerit; Healtfif & Natural Resources t and Coastal Resources Commission r for, ; X Major Development in an Area:of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Dalkeith Homeowners Assoc., c/o Mickey Southerland, 5625 Dalkeith Rd„ Wilmington, NC authorizing development in New Hanover County at Masonboro Sound, .7 miles north of Whiskey Creek , as requested in the permittee's application dated Letter dated 7/12/96. This permit, issued on- . i�G 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. Pier and Docking Facility Construction 1) In order to prevent the new addition to the existing pier from violating the one-third rule of the Rules of the Coastal Resources Commission, the waterward advance of the proposed addition must be reduced by thirteen (13) feet; i.e., the total length of the existing pier and the new addition must be no longer than 1282'. 2) All portions of the existing pier extending from the main structure (not to include the 12' x 32' fixed docks) are to be removed prior to construction. 3) No work can begin on this structure until.such time as a Special Use Permit is obtained from New Hanover County. (See attached sheet for Additional Conditions) , This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the ppemit 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. fps XKger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dalkeith Homeowners Association Permit#122-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 5) 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. 6) 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. 7) 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. 8) The authorized structure and associated activity will not cause an unacceptable interference with navigation. Drainage Improvements 9) All work authorized by this permit must be performed in strict compliance with the permit plans. 10) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than that shown on the permit plans. 11) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. NOTE: The Division of Water Quality authorized this project under General Water Quality Certification No. 3025 on July 18, 1996. Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment,:Health & Natural Resources _ and .5 Coastal Resources Commission �Vertit, for % Major Development in an Area:of Environmental Concern pursuant to NCGS 113A-118... Excavation and/or filling pursuant to NCGS 113-229 122-96 authorizing development in New Hanover County at Masonboro Sound..7 miles north of Whiskey Creek , as requested in the permittee's application dated Letter dated 7/12/96. This permit, issued on �G 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. Pier and Docking Facility Construction 1) In order to prevent the new addition to the existing pier from violating the one-third rule of the Rules of the Coastal Resources Commission, the waterward advance of the proposed addition must be reduced by thirteen (13) feet; i.e., the total length of the existing pier and the new addition must be no longer than 1282'. 2) All portions of the existing pier extending from the main structure (not to include the 12' x 32' fixed docks) are to be removed prior to construction. , 3) No work can begin on this,structure until such time as a Special Use Permit is obtained from New Hanover County. (See attached sheet for Additional Conditions) This permil_action may be appealed by the permitted or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the ppermit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. fdr ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permitted Dalkeith Homeowners Association Permit#122-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 5) 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. 6) 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. 7) 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. 8) The authorized structure and associated activity will not cause an unacceptable interference with navigation. Drainage Improvements 9) All work authorized by this permit must be performed in strict compliance with the permit plans. 10) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than that shown on the permit plans. 11) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. NOTE: The Division of Water Quality authorized this project under General Water Quality Certification No. 3025 on July 18, 1996. Form DCM-MP-I C! APPLICATION (To be completed by all applicants) b. City, town community or landmark 1. APPLICANT a. Landowner: Name ll!e` Its }Vf�,7yown�Prs/ s� Address _J`� �S 1 J , k P_;q. Izo City �'J:4-1 �c`!o State Zip 2 ggD07 Day Phone Fax c. Street address or secondary to number _ s6�)s 1�)a/kE, !C, i2 , d. Is proposed work within city limits or planning jurisdiction? Yes t/ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) l C n ) 3. DESCRIPTION AND PLANNED USE APR 18 1996 OF PROPOSED PROJECT Authorized Agent: DIVISION Cr Name �/;`rtr i /�„STAL MANAGEYE'List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and �r� 7 excav tion and/or fillip activities. Address % � /y /,art Osc?i/4f A)t e- bloc �'..��v rfnc LO) / ��c ) City �" l�-lrr.3c�l QiJ State �• C. Z .'z Zip V A r/G 3 Day Phone 2, -, �' L10 - Z 3 S 7 Fax b. Is the proposed activity maintenance of an ej�isting project, new work, or both? rv&,o, con k o rJ Pie,- C. c. Project ame (if any) 01 k P KlL2 J' 7S(-,0taq,( _.) d. NOTE: Perndr will be issued in name of lando r(s), and/or project MW. 2. LOCATION OF PROPOSED PROJECT a. County /J P U: fl)n �) o v .1,1 cn Will the project be for publi,� private or commercial use?-J";�7a C- Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional Dazes. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe a cisting wastewater treatment facilities. re. /c 9q!?,�235 sg. -1( a. Size of entire tract tC n• b. Size of individual lot(s) 3 '! (7, —7— c. Approximate elevation of tract above MHW or NWL 13 l c7 ix,!2N hl FF G,� d. Soil type(s) and tex re(s) of tract '5a� e. Vegetation on tract f. Man-made features now on tract __f� Aou,,F g. What is the CAMA Land Use Plan land classification of the site? (c: nsuh the local land we plan.) Conservation Developed Rural Transitional Community Other h. How i the tract �.�o��Ted by local government? �U'FQ i. Is the proposed project consistent with the applicable zoning? u- Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No I. Are there wetlands on the site? +/ Yes _ No Coastal (marsh) / Other If yes, bas a del' tt on been conducted? '(Anach'dtoctimentdhon, if available) DIVISION OF COASTAL MANAGEMENT Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims tide to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an g 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 L-. 5, // Address ?5 / l`ias,, iO ,^ o Phone 9/ O- i 9/- t/,3G r/ Name e f4ucle Address ') S a 3 Ma Phone 0r' / O — 1) ( - 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.... Name I further certify that the information provided in this Address APR 1 IVication is truthful to the best of my knowledge. Phone • A list of previous state or federal permits isgl6dfor° Tht;; is,the �Q day of , 19 work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. // ✓�� c) vc s lea c nn e o��ll/5 Signature �'� 1- er or Authorized 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 project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _✓ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 EXCAVATI AND FILL (Except bridges and culverts) ON��,, MAY 3 0 1996 DIVISION OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilvztion) Average Final Existing Project Length Width Depth Depth 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? Revised 03/95 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MEW 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 t: OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? ✓ Yes No If yes, (1) Amount of material to be placed in the water /L) %f (2) Dimensions of fill area 6 ri LL, x (3) Purpose of fill l C � l e c u� Will fill material be placed in coastal wetlands arsh), SAVs or other wetlands? _ Yes No yes, / y (1) Dimensions of fill area (2) Purpose of fill G" MAY 3 0 1996 DlvjsiOly OF -5:-IGENERAL CC)A„TAL MANAGEIMENT a. How will excavated or fill materiabe kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crDssed in transporting equipment to project site? _ Yes _ No If yes, explain steps that will be taken to lessen environmental impacts. App6 � ' or Project z signature Date Revised 03/95 Form DCM-MP4 STRUCTURES APR18 R96 - (Construction within Public Trust Areas) DIVISION OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community iZPrivate (2) Number (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers 1 Yes _ No shoreline (i) Number 41 (ii) Length 10 ' f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width 3 ' (1) _ Commercial =Community Private (6) Platform(s) _ Yes _ No (2) Number (i) Number (3) Length I a' (ii) Length (4) Width 9.C' )a. _ (iii) Width (7) Number of slips proposed g. Other (Give co npteu description) % �o '2 `T 1 (/mac /L (8) Proximity of structure to adjacent rip ian anrc55 c c\ -mac property lines il�i/SS ' a'0-tt e- Cc, 4 �- ee- n0o' (9) Width of water body >� Water depth end of at (10) at waterward pier MLW or NWL 61 b. Boathouse (including covered lifts) (1) Commercial Private \ n'/ / (2) Length I )CcerWli C,oC, (3) Width APpacaut7 Project Nam c. Groin (e.g. wood, sheetpile, etc.) (1) Number ,aA/C/� (2) Length(s) Date Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 +� RIJf� 'ox i nayc G ydr bI_ / /n ' e e Iv ee�ed mho QOOr��' �JI� cXidoIn s I8" oipelo pq 6r w;0le aped , ex;s�4ia�S fJ,�e q^Dd aLouq 0. I OPeeP anQf e Nk �I,oPosed G" ,�`,/0 e MAY 3 0 1996 DIVISION OF 'orolJose O�o a�� �IO (Oi Pe a o(� / COASTAL MANAGEMENT eKiS�r P�r�e QAD Code/' r�7r�„, i I 11 - 8xr5 �ro� 1-� Pr r5 �y \.I ex Sli �5 /Pier '�P c�Qo Sec 4�0�'ryr�rJ\I s 1..95 0, 0 pp:N7 DIVISION OF FAIL MANAGEMENT 1rr4tu �CI�L14.J G 5co/r- /"=;00, J 3 kA O�a APR 1 8 1996 c`1 DIVISION OF COASTAL MANAGEMENb 0 0 0n C� 0 0 o � ooa}/ ,-21K,£ 19 ■IL17%, 1\3 x MAY 2 9 1996 D DIVISION OF COASTAL MANAGEMENT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA28402-1890 PZPLY To ArrENnON OF September 23, 1996 Regulatory Branch Action ID No. 199603726 and State Permit No. 122-96 Dalkeith Homeowners Association Attn: Mr. Mickey Southerland 5625 Dalkeith Road Wilmington, North Carolina 28409 Dear Mr. Southerland: Reference your application for a Department of the Army permit to add to a dock system, incorporating approximately 5,000 square feet of open water, and fill 100 square feet of vegetated wetlands within a created ditch, involving a 20-foot extension of an existing culvert, at 5625 Dalkeith Road, off Masonboro Sound Road, about 0.7 mile north of Whiskey Creek, on Masonboro Sound, Wilmington, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 1980oo291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure ... I Copies Furnished (with enclosure): Chief, Source Data Unit NOAA/National Ocean Service Attn: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Parker ZDivision of Coastal Management / North Carolina Department of V Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service 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 Iv ji,qck ;S I?" 6rpe-p ovlP6' L ,:Jc(lnpe Qaol o Louq 0. i' . OreA ny 4L e r - MAY 3 0 1996 DIVISION OF loT,�oose qlc Qc�e� �0 �Oi�e ao COASTAL MANAGEMU �xiS rr7 C' �i (,7c Qn7 CoJr'/' c-J• f�c1N$ Ie'o IO rC'30Ay . a I LLA l� iuo 1L V LuA DIVISION OF TAL MANAGEMENT Pf ryry 1.1 i S /�95 C O c.J 5c"-: l r =Zoo' 0 3 0 0 0 0 O V J O APR 18 1996 c` DIVISION OF COASTALMANAGEMEN; _\3 1 - e _Q� e Y f1 x lil Q �CiTHT MAY 2 9 1996 D; DIVISION OF -COASTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dalkeith Rd. HOA/ Mickey Southerland 2. LOCATION OF PROJECT SITE: Adjacent to Masonboro Sound, approximately .7 mile north of the mouth of Whiskey Creek, at 5625 Dalkeith Rd in New Hanover County. Photo Index - 1995:22-251, gr. 16-0,P,Q; 15-R,S 1989:178-26, gr. 5-M,N; 6-0,P,Q State Plane Coordinates - X: 2347650 Y: 153550 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/23/96; 5/2/96 Was Applicant Present - No; Yes 5. PROCESSING PROCEDURE: Application Received - cc: 6/14/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation (B) AEC(s) Involved: Ew, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing - Septic Planned - None (F) Type of Structures: Existing - Pier, Dock, Residences Planned - Pier and dock extension (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED INCORP (A) Vegetated Wetlands 100 sf (B) Non -Vegetated Wetlands (C) Other Open Water 4914 sf (D) Total Area Disturbed: 4914 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to add to a dock system serving 6 single family lots to make it more practical for use; also proposed is the fill of a 5' x 20' area within a created ditch and the extension of 20' of stormwater pipe. 0 Dalkeith HOA Page 2 9. PROJECT DESCRIPTION 6/17/96 The project site is a 5.7 acre tract located at 5625 Dalkeith Rd., off of Masonboro Sound Rd. in New Hanover County. This property lies adjacent to Masonboro Sound approximately .7 miles north of the mouth of Whiskey Creek. The tract ranges from +5' msl to +25' msl in elevation. This development is divided into 6 lots, averaging .75 acre to .9 acre in size. Five residences presently exist in the development - 2 are waterfront and 4 are landlocked. All have water rights by an easement across Lot 3. The homes are serviced by private wells and septic tanks. The New Hanover County Land Use Plan classifies the area of development as Conservation by virtue of its location within the AEC. The waters of Masonboro Sound are classified SA-ORW at this location; the area is open to the taking of shellfish (located approximately 1750' north of the closure line) and is designated by the Division of Marine Fisheries as PNA. There is an existing pier, 1262' in length, with a 12' x 32' fixed dock to serve the homeowners. The vegetation on the tract transitions from high ground landscaping to delineated 404 wetlands approximately 150' landward of the coastal wetland species, where the existing pier begins. The pier crosses approximately 835' of mixed coastal wetlands - Spatting alterniflora, Spartina patens, Distichlis s ip cata, Tyaha latifolia, Juncus roemerianus, Iva frutescens, and Borrichia frutescens. Approximately 300' into the structure the pier crosses a navigable slough that is approximately 90' wide and -2.5 to - 3' deep at mean low water. Along the pier, individual homeowners have rigged various kinds of lifts, davits and shelves to accommodate their canoes, jon boats, etc. With these different structures, the potential for mooring at the facility currently is around 10. The structure as it exists crosses the riparian corridor to the north. The applicant received authorization for this encroachment as a part of this permit application. The body of water is approximately 850' across at this point. The proposal is to add a fixed dock parallel to the AIW W at the waterward end of the existing structure. This dock would be 6' wide and 126' long. From this dock there would be 4 finger piers, each 20' x 3'. There is to be a 6' x 20' float placed at the northern end of the dock. Two mooring pilings would support the vessel to be docked here. A 12' x 12' boatlift would be constructed north of the next fixed pier, to accommodate this space. There are 2 lifts, 12' x 20' between the next two finger docks. The last space has two mooring pilings in the middle to accommodate the vessels on either side. The facility is intended to moor 6 vessels for the homeowners. The float to the north could accommodate a boat docked on the north side as well. Soundings at the end of the project show approximately -6' mean low water, terminating 112' from the AIWW. The finished project would extend approximately 233' into the body of water, adding 33' to the total overall length of the existing structure. Total Public Trust incorporation of this facility under the proposal would be 4914 square feet; the total platform area is 1500 square feet. A stormwater pipe serving the development crosses between Lots 2 and 3, and has scoured an area within the existing ditch. The property owners wish to extend the 6" pipe for 20', and fill over it. This portion of the project will cause approximately 100 square feet of freshwater species within a created ditch to be filled. The pipe extension will terminate greater than 400' from mean high water. 10. ANTICIPATED IMPACTS The docking facility as proposed will serve an existing residential community, and have the potential to moor 7 boats. The total decked area of this facility is 1500 square feet, greatly exceeding the 500 square foot allowance for residential docks allowed in T15A:07H.0208(b)(6)(B). The 27 square foot rule in T15A:07H.0208(b)(5)(D) does not apply to this structure because it does not qualify as a marina. However,. under the 27 square foot rule, if the two waterfront property owners waive their riparian rights, .the community would be allowed 5427 square feet of Public Trust incorporation. The Public Trust incorporation of the new proposal is 4914 square feet, and added to the existing dock would be 5298 square feet. The New Hanover County Zoning Department considers any docking facility to moor greater than 4 boats a community structure. There should be no impact to navigation in the area. Temporary turbidity impacts should be anticipated during construction. The extension of the stormwater pipe will carry a direct discharge 20' closer to SA-ORW waters, though still in excess of 400' from mean high water. Approximately 100 square feet of freshwater wetlands in an open water created ditch will be filled. Submitted by: T. Barrett Date: 6/17/96 Office: Wilmington State of North Carolina Department of Environment, ,Health and Natural Resources 4 • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director September12, 1996 Dalkeith Homeowners Assoc. C/o Mickey Southerland 5625 Dalkeith Road Wilmington, NC 28409 Dear Mr. Gery & Ms. Cates: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work, initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require Additional approval. Please read your permit carefully prior to starting work and review all'project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, 7`y� C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 a� 50% recycled/10% post -consumer paper ROBERT WHITE JOHNSON GARTER TATE LAMBETH FRANCES Y. TRASK MAYNARD MOORE BROWN BETH M. BRYANT JOHN G. TILLERY. III Division of Coastal P.O. Box 27687 Raleigh, NC 27611 ATTN: John Parker JOHNSON Sc LAMBETH ATTORNEYS AT LAW 232 PRINCESS STREET WILMINGTON. NORTH CAROLINA 28402 August_ 27, 1996 Management P.O. BOX 660 TELEPHONE (910) 763.0481 FAX ! (910) 251-1276 Re: Project DWQ960591 COE199603726 Dear Mr. Parker: I am familiar with the Declarations of Covenants and Restrictions for Dalkeith Subdivision. Attached please find a copy of the same as they are recorded in the New Hanover County Registry in Book 1199, Page 0512. It is my opinion that these provisions would prohibit the owners of the waterfront lots, who at this time are Robert W. and Christianna L. Johnson and James and Robin Mertersdorf, from building additional structures -on their lots which would include piers other than the existing pier which abuts the Mertersdorf's lot. It is further my opinion that this exists for so long as Dalkeith Subdivision exists... With best wishes, I"am Cordially, JOHNSON & LAMBETH Frances Y. Trasr�ljk)�SiP- �.J�Stjj mNO FYT/tic wpdocs \RWJ\ Parker 33 BOpr. ..,.: 1199 0512 SPATE of NORM 0%R=M ,wo,av ALL MN BY TIM PF&SMM: MWT t0Q•7tF S, the undersigned owners and developers, in connection with the development of the subdL%r . je n know,% as Dnikeith in New Banover Conty, North Carol", fe. rt.)e purpose of enhancing the value of the property and quality of life shared by these who shall.hernafter live there do hereby ).)lace the following restrictions and covenants upon all of the lots in said subdivision, map of which will in the future be recorded in the New Hmever Ommty Registry. 1. Definitions: As used in the Declaration of Restrictions, the folio terms shall 'iman: (a) DOC means "Dialkeith Development cmpaW, which in turn nomm the Undersigned owners and developers of said subdlvisiann. (b) "Record or Recording" refers to record or reooxding with the Register of Deeds of New Ranaver County, North Carolina. (c) 'Prc� generally Noma lards known ae Dalkeith bounded by the Masc ntiom Sound Road an one side and the Atlantic Intraboaatal Naterway an the other side on yasonbom Sand in New Nmxmw Cmmty, North Camlina. (d) "Residential IOt" Or "lots" m mm t)eae poctima of the prcoectY specifically allocated, platted andlbr recorded as lots for sale a1.W-= used as single family residences. (e) 'Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictions. (f) "Owner" shall refer to the purabasm of a lot or lots in Dal)reith. (9) 'Resid m" arxVar "Dwelling' shall mean a single 'oily rtsidene. (h) "front of lot' shall be the South® side cc that side abnttbq the JOW Tract on this day. l+) "Back of lot" sha11 be the Nurtiem side er that aide abutting the Malhn;ster tract on this day. aftrcfsr_z CM W-1147 eo.se AU 2 3 06 PH'82 i 8 I � i �. �- 1199 Ob13 2. Applicability: These restrictions shall apply to all residential lots in said subdivision. 3. Reservations: DDC reserves the right absolutely to change, alter or redesignate the allocated planned, platted or recorded use or designation of ,!r;, .-'cper'ty on any of the lands known as Dalkieth for so long as MC retains title -v said property including, butnot limited to, the right to change alto or redesignate mach other present or proposed immenity or facilities as may, in the sole ju9yeant of 'Me, be necessary or desirable. 4. Building and site nTroveent: No building, fence, wall or other structure shall be erected, placed or altered on any lot, nor stall the grade or elevation or physical characteristics of any such lot, or portion thereof be altered in anyway whatsoever, until the proposed building plans, specific_ ations, extecits colors and finishes, site'ad grading plan (shoving the alterations to the (grade, elevation or physical rwuncte.igUp of the a1tA), and construction schedule stall have been approved in writing by LAC. Refusal or approval of any such per, locatlong or specifications may he based by MC on any ground, including PRIrelynesthatic and enviro mental considerations, that in the sole and uncontrolled discretion of Dov stall seem sufficient. S. Approval of Plans: No house will be approved unless the proposed horse will have a minima required square footage of ers;losed dwelling area. Such minima requirements for ^wan lot will b . :U3 minors feet.ol eneload dwelling area, are hem 'ern:.. .e%; g' as used in this minima size .requirement slap mean the total'enclosed arm within a dwelling; provided, however, that such tam does not inclndr garages, tezzaces, decks, open porches and Like arms; provided furtn .flat aced type porches even though attached to the home, are specifically exlyded frog the definition of aforesaid 'enclosed duellW area. 6, since the establishment of standared inflex:ible building vet -heck liaess for locations of hoeses on lots tads to foxtne motion of houses directly to the side of other hones with detrke ntal effects on privacy, vicv,. Presar'etien of igeemaat trees, and v7rtatios and so vat ecological and related cOnsId2r3tioas rays be given affect, mC reswr es the right to oatuvl and approve ahcnn,.tsly the cite and location of rrry bony or a:y duelling or other stsuc=e upon any lot alit the poovisioh tha_ such will be at least fifty feet fro the street and at least fvfteeh 'sue fro wf erode j j:. i - �, .. tY.-� _ S' t �;a PAGE r f air 1 • ' ell 515 •'11r.4.r•,. alteredNO OtrUCtUre except an hereinafter provided, Mali, be oracted, y e SNI .'Y, s- placed or - t other than a single family dmlling not to exceed boo and one-half stories in height, and only one nctre —11 acoessary building which oust be out of the same maiterial ds the the h=% but nay include a Private garage but in no event a garage aparb"t; provided further that such buildings are not used for any activities nontally cc-xb=W as a busines , except as hereinafter provided. exterior of 13. No domesticated animal shall te kept on the r-Operty other than household pets. 'J.� 11 + 1 '• ra •,�f.{_•� '1. f' .fir be used for residential_ ly. No hwe business or occupation shall be permitted, except ulw_-re such bausintewss or' office is aCCOUDdated without muntertance of a separate entrance and withwt •f ��[. any exterior pi -card and without any service or product being offered to the aSS •r ry� Y -general piblic such that they sh�lj be required to enter upon the property to r _! 4 •• • y a 1 etransact said busiik�ss. J� i 4 1 [ \shall be placed on any lot at any tive, provided, howev lds prohibitia shall not apply to shelters used by & conbraLtor &a-hq the Construction of midn dwelling house, it being clearly undarstood that tivm minor taTorar shelters m.y not, bit time be used e• Y• , • ♦1 fr 11 er' _ 1 l' S'y- y k IF a id ! '. ■ Al -a eri: ij �R4'r - i r (r + 1. - __ i.f�• V�'*�.+I ♦f #}� r1) a .V. �:�yW i-,^ � c 1 h N �' j ♦ 7..F Q C toe �• {( r .�<<��`', ,{ ■ a 4A ;'j \'ERiFIED so%053 ruc 091 '•O'IS iFR Gi DEEDS P' STATE OP NORTH CAROLM,7 ;:MOVER CO. IIC nvSp OP CORaHCTION coumy oP mm HANovagSFED 9 MI11 36 TSIS A(;REEWENT, Made and entered into by and between FREDERICK B. GRAHAM, JR. and wife NELL B. GRAHAM, hereinafter referred to as -Graham", and JAMES M MERTESDORF and wife ROBIN G. MERTESDORF, hereinafter referred to as-Merteadorf•; 11111 d 1 dG AAV PLu�j ):r Mill C2rDF/ AX I it W W002. 1fIINS @AII91 W"REAS, Graham conveyed to Merteedorf a tract of land by warranty deed recorded in Book 1532 at Page 196 of the New Hanover County Registry; and, WHEREAS, the legal description attached to said warranty deed was erroneous and failed to accurately recite the Map Book and Pa D of the tract of land being conveyed; and, D - -- WHEREAS, the parties desire to correct said error and MAY 2 9 1996 execute this Deed of Correction for the purpose of correcting the error and affixing the proper map book and page number in the legal DIVISION OF COASTAL MANAGEMENT description. - MOH, TBaREPORE, in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations, the adequacy and receipt of which is hereby acknowledged and the further consideration of the mutual conveyances contained herein, Graham does convey to Merteedorf, their heirs and assigns, that lot or parcel of land described as follows: Being all of Lot 3, Dalkeith Subdivision as the same is shown on a map recorded in Map Book 29 at Page 74 of the New Hanover County Registry, reference to which is hereby made for a more particular description. TO RAVE MID TO HOLD unto said parties as stated herein, their heirs, successors and assigns, forever. ru WITRRSS WREREOP, the parties have hereunto set their hands and affixed their seals, effective that date shown below. BRA1R1fR FREDERICK B. GRAHAM, JR. NOTARY PUBLIC `1 / fYfIDER COUNTY, NC—/,,(,(� �(. & A AJ-• (SEAL,) kw 12. 19% NELL B. GRAHAM t tooK1853 ?Au 092 STATE OF NORTH�WOLIN ) �� I ❑ yam„ COUNTY OF cam. T— 1 %�r/(��,(/,o.x,c.•-.-+.�� a Notary Public for the State of No Lh Carolina, County of do hereby certify that FREDERICK B. GRAHAM, JR. and wife NELL B. GRAHAM, personally appeared before me this day, and being by me first duly sworn, acknowledged the due execution of the annexed and foregoing instrument. j�ttitns.ss my hand and official seal, this the _� day of 1995. Notary Public My Commission Expires: ��-/•1 -`1 L V R!Tn Pf^I BRAMMEA ,$) ... 'UBLIC .LINTY, NC fmn�ss" ; , y 9% C;%.tV to .fte STATE OF NORTH CAROLINA New HusoM County �7 �aSMs•+) Mec M/ •nmebd tlsh LLw _9 y/y February t9-2L a h /{Wrw au. .Nyp D MAY 2 9 1996 DIVISION OF COASTAL MANAGEMENT DOW 'AGE 1446 U344 The property herelnabove described was acquired by Grantor by Instrument recorded In ......................................................... Book 1433, Page 0666,'New Hanover.,County Registry. _.. ...........................I..... ...... .........._.......... ................... A map showing the above described property is recorded in Plat Book.......... 29_...... .......... page.._ 74....... TO HAVE AND TO HOLD the afam"Id lot or parcel of land and ail privileges and appurtenances thereto belonging to the Grantee in fee simple. ' And the Grantor covenants wltn the Grantee. that Grantor is seized of the premises In fee simple, has the right to convey the ume in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property heceinabove described Is subject to the following exceptions: 1. 1989 Ad Valorem Taxes. 2. Easements and restrictions of record, if any. 7. Governmental ordinances and zoning regulations. C Im Evil T MAY 2 9 1996 DIVISION OF P wR b wMYtN. IM ONNN N. \milli. .N \1. NN .N NN. N M t»»..n \u_. 1 _ 1 1�i afe gyp. .M�e Nw14Yw \r N M .NMMe esee A . re rJ . » »...... .IIQeisi .�rj�ft.�'`Wtb:{11�j/y.�� 1`1�'(JC�ii P1L"/J...---- •V'1_eiVf["NT .................................. ............................. F ed H.:.Graham .6�_r/,/.... ....tsuu /c+rwar Maw/ re crick, JY� Fan, .......................................................... ° 1'rt:.�i� L-__ _ I _............. m-----------... ---.tsawr.l rN.le�. Ne11 N. Graham Arrrsr. U .S..... ........................................................ IssAu .............................................................. M y .................... .......aNINeN /CNTNW a.w M sLwiArdt McDtw CAaea SMA.. 04AAMOM ...........C..Mr. a a MMwr naMe w lae c ae., A., alW aIN.NK ..nu, bass ...... T.redArW;..R... GSAhasL. 7.IK...snd.JN.axl..K1..%KAh9W......................... ...o..NN. : •aeaa.M '1 . I FNeaM/ .rr.el'la aMaN w 1 . day a teldN el W r.Ne11W thela.eaMad 1als.aaMaa wINNs ad, 1 ante '�e: V. / Ear w ambient Mw ., Naa ow ....IQ. anyr —Fab y...................... u..$9 �•.0 JI� Mr.earWreerNlel ...1��s1t�.................... ..- MMur "ADS CaaL/TAMe MOUTH CAaOYMA................................... C.4. 1. a MMNr raaW M W Cases, .N \enN alw.e•% ..M1r INI............. :............................ MINaeMr .aene bet. « ,\en W sad seaMwl.AIN uut .... Ie Is ........................... sN.Na.r ar A ...................................................... a MNIa Ca.ee s" .N"e'"Ma. aN We by aaYNW daV ,f. see .. 1\. .11 .1 IN .......IN.. ,N Iel,tMar t.WYNM rl» alea.a la W . ar an.. ...1 .N .Ll.l.a ar ........... N N .......... I................ eN1e 1. Y wMassi ..a ."kW .,Asir N aeA nW .......day M ........................... le. ........ ........: ............................... .... "May, P%AN Tan resaNW Ca.IMMdtrr/dl ........................ y.... ..............- f%.n..AC ::: .GlC�l.4t ........ ..................... ..............................................................................tea . ....1,�;6.� M/ M111Md » N sNIN/ Then 1»IIawM Nd Wen 1UWMW Os dal, 1gBennd as IAA Nen 11N ..A be she base .N ►y. She" as me fanrye W.M. ................................ ..... A((� 'A--.-P-.``..11K7m8.......aaotaTno or BEADS eon.... HANMR............... eomarer of .......................... ........................ D.reV/AwMa -B.rene, N wade M,C. AN A..N. ra.an Me. 3 0 lafs, Naked I011. t *t HUI.r :'ACID ty! 1446 0343 ti STATI: or OR1H \. Real Estate = jrcl` Excise Tax t s� a M. m GPROLINA71;ysF rinlsll 1 25.00 ucw fl ECsdu6:�:.r:1 -,: h'F I v 0 I... SECCC6 F -1 nl.. No 10 3 zs N IS Recordlnr Time. Hoot " Pere Tax Lot No.. ........ Parcel Identifier No _. _.............. .... Verifiedby ...... ....................... .................. ............ ._. _.. County nn the _.. .__. day of ........................................................ 19 _.. _... by....................... ....... ...... .... .... ...... _ __. ...... ... ......._.__..... ........... ..... ... .._.___...... Mail after recording to ....................... .................. ......................... ........... ..................... _..... . —... _......................... ............. ........ ....... ..... ........ ... ......... ............. ....... ... _. ........ This instrument was prepared by _._..Frances. Y,_ .Trask ___...... _ ._._..__. ... Brief description for the Index Lt. 2. Dalkeith Subdivision 262 NORTH CAROLINA GENERAL WARRANTY DEED THIS DRED made this _. 1QC.. day of _February . 19 89 . by and between GRANTOR FREDERICK B. GRAHAM, JR. and Wife NELL H. GRAHAM GRANTEE ROBERT WHITE JOHNSON and Wife CHRISTIANNA LAND JOHNSON 1719 Signature Place Wilmington, NC 28403 V D10 � MAY 2 9 1996 I DIVISION OF mtlr es aa/NAt" wlea In, ..rs see". as.a..sense sled. a arereroma rheraear M .w,t.. The designation Grantor and Grant" as used herein "I include said parties, their heirs, successors, and assigns, and shall include singular. plural. masculine, fesuim or muter es required by context. WITN64SETFf. that the Granter, for a valuable consideration paid by the Grant". the recelpt o1 which is hereby s llunowledpd, ►l and M these presrau done grant. bargain, "it and convey unto the Grant" in fee simple. all that certain lot or parcel of land situated in the City of , Masonboro Township. New Hanover County, North Carolina and store particularly described as follows-. BEING all of Lot 2 of Dalkeith Subdivision as shown on a map recorded in Map Book 29 at page 74 in the Office of the Register of Deeds of New Hanover County, to which map reference is hereby made for a more particular description. RMRNEDTO6#ALW FAX,r,�W- N.0. atr YM. ro��Npapi epUle, nrrWa 1111. 14{ 999 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD A) APPLICANT: Dalkeith Rd. HOA/Mickey Southerland COUNTY: New Hanover LOCATION OF PROJECT: Adj to Masonboro Sound, at 5625 Dalkeith Rd, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/14/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A tl i 12 / FIELD REPRESENTATIVE: T. Barrett DIS?. ington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH t Ft?7 F E REC'D: $ �S�• hj�;Jy PUBLIC NOTICE REC'D: ,OF NOTICE D, TE: ADJ. RIP. PROP NOTICES REC'D:EC'D: APPLICATION ASSIGNED TO: ON: -'�-4 -C1 b C) 75 DAY DEADLINE: - ,fig- qG 150 DAY DEADLINE: ' MAIL OUT DATE: STATE DUE DATE: 9 FEDERAL DUE DATE: 7 9� FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON —`A AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office®� Div. of Community Assistance Land Quality Section J Div. of Env. Management _ LZ State Property Office q p - Div. Of Archives & History Div. of Env. Health v ' Div. of Highways I Wildlife Resources Commission Div, of Water Resources 6 l V Div. of Marine Fisheries _ -- Recommendations for State Permit - Dalkeith HOA Re -development and additions to an existing structure is an opportune time to bring the project into compliance. This structure has had many additions to it over the years, each insignificant in itself, but that collectively increase the docking potential. These additions are in various stages of disrepair, and should be removed prior to any new additions to the dock. It would seem illogical to require the homeowners to supply 4 more docking spaces in order to utilize the 27 square foot allotment given to community docks. If the property owners are amenable to forfeiting their riparian rights for the sake of the association, this method of calculation should be used in determining the acceptable Public Trust incorporation for the community system. Q Special Use Permit is required by New Hanover County for the expansion of this facility because it ill accommodate more than 4 boats. Though it does not show well on the aerial photograph, the 90' slough midway through the wetlands is navigable to -2.5 to -3' at mean low tide. During this new construction, there should be an area elevated to accommodate the potential boating use through this slough. I recommend this project be authorized contingent on the following conditions: 1) No work can begin on this project until such time as the owners of Lots 2 and 3 have transferred all riparian rights in a legal and binding manner to the Homeowner's Association for the community pier. 2) All portions of the existing pier extending from the main structure (not to include the 12' x 32' fixed dock) are to be removed prior to construction. 3) No work can begin on this structure until such time as a Special Use Permit is obtained from New Hanover County. 4) That portion of the pier crossing the navigable slough (approximately 300' from the landward end) must be raised to a minimum of 10' above mean high water for a minimum span of 10' over the most navigable area. 5) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. \\,�6) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat. r HNR MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc: P Pate, CR Stroud,Jr., T Barrett CMAWEIMA041 FROM: Zoe D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Masonboro/Dalkeith Road HOA/Mickey SoutherlandDock System and Stormwater pipe extension DATE: July 11, 1996 This permit consistency opinion is based on my review of the Dalkeith Rd. Home Owner's Assn permit application submitted on their behalf by Mickey Southerland, the Field Investigation Report (T Barrett, 6/17/96)), and my understanding and interpretation of the policies presented in the Wilmington/New Hanover County Land Use Plan. - The applicant proposes to add a dock system to an existing pier and dock which serves a six -lot subdivision (2 of the lots are waterfront; all lot owners have water rights by easement). The existing system's mooring potential is around 10 boats; the proposed addition will moor 6 or 7 boats. The applicant also proposes to extend a 6" stormwater pipe 20 feet waterward (but still 400'+ from high water) and fill the surrounding ditch, filling approximately 100 sq.ft. of freshwater wetlands. The waters are SA-ORW, PNA and open to shell fishing. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation CLASSIFICATION DESCRIPTION: Conservation provides for effective long-term management of significant, limited, or irreplaceable areas. Generally, all marshes and adjacent lands within the 100-year floodplain have been classified as "Conservation." Uses are limited to those which are water -dependent or exceptionally designed to protect the natural resources. RELATED POLICIES AND IlVIPLENIENTATION MEASURES: 1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISHING IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. 1.100) COLLECTION SYSTEMS THAT DIRECTLY DISCHARGE STORMWATER TO SURFACE WATERS WILL BE ELIMINATED WHENEVER POSSIBLE AS PART OF ANY REDEVELOPMENT PROJECT. 1.20) DRAINAGE FROM LAND USE ACTIVITIES SHALL HAVE RATE OF FLOW AND VOLUME CHARACTERISTICS AS NEAR TO NATURAL CONDITIONS AS REASONABLE. Dalkeith Road/LAMA Major Permit Application 7/10/96 1 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. 1.2(9) THE CITY AND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE PROPERTY OWNERS. Implementation Measures Effective State and local standards for development within estuarine systems shall continue to receive support. 2. City and County plans, public works actions and review procedures relating to drainage shall include provisions to prohibit increases in the flow of runoff and pollutant discharge into receiving waters. 4. More emphasis shall be placed on drainage control for the protection of those natural resources in the public trust that are of high economic and ecologic value to the Planning Area. These resources include finfish and shellfish estuarine habitat and groundwater. 2.4(2) PROTECTION, PRESERVATION, AND RESTORATION OF SHELLFISHING IN ALL SA WATERS SHALL BE ENCOURAGED AND PURSUED. CONSISTENCY OPINION: There are three issues of concern with this proposal: encroachment on the public trust waters, mooring for boats which might exceed CAMA marina standards and water quality. This project will be consistent with the Land Use Plan when the following conditions are met: 1. Extension of the existing dock does not exceed CAMA regulations or interfere with navigation in the ICWW; 2. the existing pier be free from any boat lifts, moorings or tie -downs (10 boats could now be kept on the pier according to the Field Report); 3. the proposed facility should moor a maximum of 7 boats; 4. all required New Hanover County permits be obtained prior to issuance of this permit; DEM Stormwater should examine the extension of the stormwater pipe to assure that drainage alterations meet with existing requirements (drainage is into pristine waters); and 6. all comments and conditions recommended by review agencies are considered. The Masonboro Sound area is developing rapidly. Although much of the property immediately adjacent to the Sound is very low density, the areas wetlands and wooded areas which previously filtered stormwater are disappearing. Concurrently, impervious surfaces are increasing. It is possible that two identical permit applications separated by time might receive different consistency opinions if the water quality of the Sound is found to be threatened. Dalkeith Road/LAMA Major Permit Application 7/16/96 2 State of North CarolinafICEEIVE� =� Department of Environment, �, JUL ' ' 1996 .Health and Natural Resourc WAfAL 4�• Division of Water Quality rp MANAGEMENT JHun GoveIL Jonathan BHowes, Secretary < EH 9 A. Preston Howard, Jr., P.E., Director July 18, 1996 New Hanover County DWQ Project # 960591 COE# 199603726 APPROVAL of 401 Water Quality Certification Mr. Mickey Southerland ^---Dalkeith HOA 5625 Daldeith Road Wilmington, NC 28409 Dear Mr. Southerland: You have our approval to place fill material in 100 square feet of wetlands or waters for the purpose of constructing a dock and fill a ditch at 5625 Dalkeith Road, as you described in your application dated 18 June 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory heating. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a heaving. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, J P Howar, , r. .E. Attachment cc Wilmington District Corps of Engineers Corps of Engineers Wilmington Feld Office Wilmington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM 960591.1tr Division of Water Duality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper To: John Domey Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REVIEWER: GREGSON WQ SUPERVISOR: ADKINS DATE: July 10, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960591 COUNTY: New Hanover PROJECT NAME: Dalkeith Rd. HOA/Mickey Southerland PROJECT TYPE: Subdivision PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: June 18, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Masonboro Sound CLASS: SA ORW STREAM INDEX #: 18-87-25.7 *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: OTH WL REQUESTED: 0.002 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to add a fixed dock to an existing pier to serve six single family lots. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Existing Septic Tanks TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: WETLAND: 100 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A 96059I.Jul Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM- AZ2ez- John Parker 4' Cfk4r State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: SUBJECT: APPLICANT: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR CAMA/DREDGE & FILL Permit Application alkeith Road Homeowners Asso.,/Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd., New Hanover Co. PROPOSED PROJECT: To add to a dock system serving 6 lots and fill a small area, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by July 19, 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 age objects to the project for reasons described in the attached comments. Signed Date ?% Z P.O. Box 27687, N �,� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �r An Equal OpporfuniTy/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper 14, ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Jr. �1,11 I? Major Permits Processing FROM: Bennett Wynne Habitat Conservation Program G;._ ..1996 to AAMA6elicft'i DATE: July 10, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application Dalkeith Road Homeowners Assoc./Mickey Southerland, adjacent to Masonboro Sound on Dalkeith Road, New Hanover County, North Carolina. The Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on July 8, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicants propose to add a dock system to an existing pier serving a 6 lot subdivision on Masonboro Sound. The 6 ft. wide by 126 ft. long dock is supposed to provide 6 slips, but project diagrams indicate more than 6 boats could be accommodated. Also planned is the fill of approximately 100 sq. ft. of freshwater wetland vegetation to extend a stormwater drain pipe. Area waters are classified SA-ORW, designated a Primary Nursery Area, and open to shellfishing. As proposed, the dock would incorporate 4,914 sq. ft. of Public Trust Waters. This could impact shellfishing efforts in the area. In our opinion, the proposed dock is larger than necessary to accommodate 6 boats. Therefore, we recommend that the dock be reduced in scope by approximately one third as a condition of permit issuance. Thank you for the opportunity to comment on this project. If you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: William Wescott, WRC Coastal HabCon Coordinator s:\boatfish\habcon\coast\d2 (dalkeith.doc) 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 July 3, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker 1�r EDEHNFR MMA DMF•PUB TR./- g NDS Major Permits Processing Coordinator R � j�o��£0 SUBJECT: CANWDredge and Fill Permit Application Review C[ly1rA� 9� co NANQ&r APPLICANT: Dalkeith Road Homeowners Asso./Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound, at 5625 Dalkeith Rd., New Hanove9 5 � PROPOSED PROJECT: To add a dock system serving 6 family lots, fill small area and extend stormwater pipe. 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. Signed There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. !ff It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. TF#k .4fe-"z1W TitiL Q/iln �✓�<c S L ...sc7/. e�'/lo . iffy Twv x t�S/ I�S3�o9� Date P.O. Box 27687, N� L10 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, rf An Equal Opportunity/Affirmative 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 Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director 12 July 1996 MEMORANDUM TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski SUBJECT: CAMA/DREDGE & FILL Permit Application Dalkeith RD. HOA/Mickey Southerland Aja I>EHNf- Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc RECEIVED JUL 161996 GUASfAL MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Ctate of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James S. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: June 17, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries ILFWA C)FEE HNFi John R. Parker Major Permits Processing Coordinator IoUBJECT: CAMA/DREDGE & FILL Permit Application Review A pplicant: Dalkeith Rd. HOA/Mickey Southerland QMF-PUB. N./Slip, LANDS Project Location: Adj to Masonboro Sound at 5625 Dalkeith Rd, in New Hanover County, in Wilmington Proposed Project: To add to a dock system serving 6 single family lots to make it more practical for use; also proposed is the fill of a 5' X 20' area within a created ditch and the extension of 20' stormwater pipe. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 9, 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: �---JL/ 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 , ' CJ G 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer .ram State of North Carolina Department of Environment, Health and Natural Resourc( Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director EDEHNR June 28, 1996 r t "F 11^�^ MEMORANDUM TO: Ms. Linda Sewall, DirelX0yOF ENVIRONMENTA" K,; P,; TH DIV. BF I11VI�Nk'k'JTFL HEAIJN Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: CDalkeith Road Homeowners Asso.,/Mickey Southerland ROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd, New Hanover Co. PROPOSED PROJECT: To add to dock system serving 6 single family lots and fill an area, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact 733-2293. When appropriate, in-depth comments with supporting data are requested. Jo REPLY This agency has no objection to the project as proposed. 171996 §Aer., This agency has no comment on the proposed project. This agency approves of the project, only if the recommended 2A. ce incorporated. See attached. C �lj�/% This agency objects to the project for reasons de r& ibed in the attached comments—� Signed Date P.O. Box 27687, �FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 50% recycled/ 10% post -consumer paper MEMO DATE: /7 /�aJ9 G TO: E Q E I V EP13JECT:D0-/k4-1-tt 110,41 JUL 16 1996 DIV. OF ENVIRONMENTAL HEALTH t'Z&aU'-0 doe &"p -o -k7 lb4e- Ade 14 a44 Af, �,U G C t `77e -Z, /)c �L, — 6 91"/ (!�i ) lec4 L C /7 0 v� Ao c. i-, A a &u-o� 1-0 L tk ' th o ZAZ)L-' S ne e, CL- a-Z4—t, e From: QiSL2'e--� North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled 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 June 28, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator A/, •�' 1DEHNFR >y 4 ---� R£C£r14 '11/t 11919 CUA614L 6 ANIAGEMENT SUBJECT: AMA/DREDGE & FILL Permit Application Review "I APPLICANT: Dalkeith Road Homeowners Asso./Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd., New Hanover Co. PROPOSED PROJECT: To add to a dock system serving 6 lots and fill a small area, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 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 o jec e project for reasons described in the attached/comments. Signed Date 7�/ yy P.O. Box 27687, N%`�,C FAX 919.733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Mate of Nortn t;aroiina 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 June 17, 1996 MEMORANDUM: F"AIT A&4; �EHNR TO: Mr. Charles Gardner, Director CZ4C Division of land Resources FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: �Dalkeith Rd. HOA/Mickey Southerland Project Location: Adj to Masonboro Sound at 5625 Dalkeith Rd, in New Hanover County, in Wilmington Proposed Project: To add to a dock system serving 6 single family lots to make it more practical for use; also proposed is the fill of a 5' X 20' area within a created ditch and the extension of 20' stormwater pipe. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 9, 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 cjuKX L7 I3 p G 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mate of North Carolina Department of Environment, ! ;ealth and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director I►3Igl►5G1 :: ►77\`I1711i�i TO: FROM: SUBJECT: i;pplicant: Project Location: June 17, 1996 Mr. William A. McNeil, Director Division of Community Assistance John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Dalkei. Rd. HOA/Mickey Southerland Adj to Masonboro Sound at 5625 Dalkeith Rd, in New Hanover County, in Wilmington Proposed Project: To add to a dock system serving 6 single family lots to make it more practical for use; also proposed is the fill of a 5' X 20' area within a created ditch and the extension of 20' stormwater pipe. Please indicate below your agency's position or viewpoint on the proposed project and return this fonn by July 9, 1996. If you have any questions regarding the proposed project, please con it at extension 246. When appropriate, in-depth comments with supporting data is d.Q � REPLY: This agenc has �1 's agency has no objection to the project as proposed. 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. SIG DATE �v S 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer mot State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator .?WA E)EHNFR —7 s w1,eE o , ? C °r!v n.„... J SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Falkeith Road Homeowners Asso./Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd., New Hanover Co. PROPOSED PROJECT: To add to a dock system serving 6 lots and fill a small area, etc. ✓�� j9FjU�o R1gNq�E���998 Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 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 V\J 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 f�D2"��/I �; Date % AW P.O. Box 27687, W ;6 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NVf C An Equal Opportunity/Afflrmattve Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: June 28, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History John Parker, Jr. Major Permits Processing Coordinator L LA� EDEHNFR CAMA/DREDGE & FILL Permit Application Review RECEIVED JUL 25 1996 CGASIAL MANAGEMENT APPLICANT: Calkeith Road Homeowners Asso./Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd, New Hanover Co. PROPOSED PROJECT: To add to a dock system serving 6 lots and fill a small area, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19,1996. 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. \Y This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Z. i a I Date 7 2 3/y,G P.O. Box 27687, �� C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Dalkeith Road Homeowners Asso./Mickey Southerland PROJECT LOCATION: Adj. Masonboro Sound at 5625 Dalkeith Rd, New Hanover Co. PROPOSED PROJECT: To add to a dock system serving 6 lots and fill a small area, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date EcE�VEO AUG 7 1998 cc MANAGEMENT 9 P.O. Box 27687, N�CUASFAL `� 4 FAX 919 733-14Ralei h, North Carolina 27611-7687 An Equal Opportunity/Afflrmattve Voice 919-733-2293 17°7!wJ7 50% recycled/10% post-consum8€. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY IO ATTENTION OF July 29, 1996 Regulatory Branch Action ID No. 199603726 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Mickey Southerland and the Dalkeith Road Homeowners Association for a Department of the Army permit to add to a dock system, incorporating approximately 5,000 square feet of open water, and fill 100 square feet of vegetated wetlands within a created ditch and extend an existing culvert 20 feet, at 5625 Dalkeith Road, off Masonboro Sound Road, about 0.7 mile north of Whiskey Creek, on Masonboro Sound, Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: �a 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters other than that shown on the permit plans. S" �G 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 5. 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. 6. 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. 7. The permittee will maintain the authorized work in go in conformance with the terms and conditions of this permit. not relieved of this requirement if he abandons the permitted having it transferred to a third party. 8. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 9. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 10. This permit does not grant any property rights or exclusive privileges. 11. This permit does not authorize interference with any existing or proposed Federal project. 12. in issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. C. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, effrey H. Richter Project Manager Wilmington Regulatory Field office 2 Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 8, 1996 Regulatory Branch C12 Action ID No. 199603726 Mr. John Domey Division of Environmental ManagementEM North Carolina Department ofEnvironment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Mickey Southerland, for the Dalkeith Road Homeowners Association, for Department of the Army authorization and a State Water Quality Certification to add to a dock system, incorporating approximately 5,000 square feet of open water, and fill 100 square feet of vegetated wetlands within a created ditch and extend an existing culvert 20 feet, at 5625 Dalkeith Road, off Masonboro Sound Road, about 0.7 mile north of Whiskey Creek, on Masonboro Sound, Wilmington, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by September 6, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure AM Furnished (without enclosure): AMr. John Parker VVV Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 2840&1890 WKY To ATrErmOHOF July 8, 1996 Regulatory Branch Action ID No. 199603726 10 lc 1\ 'A �� cam ? �s96 Mr. Mickey Southerland p� , L Dalkeith Homeowners Association A� lfNr 5625 Dalkeith Road Wilmington, North Carolina 28409 Dear Mr. Southerland: 9 5 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 June 19, 1996, for Department of the Army authorization to add to a dock system, incorporating approximately 5,000 square feet of open water, and fill 100 square feet of vegetated wetlands within a created ditch and extend an existing culvert 20 feet, at 5625 Dalkeith Road, off Masonboro Sound Road, about 0.7 mile north of Whiskey Creek, on Masonboro Sound, Wilmington, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this 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. 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 July 22, 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. 199603726. It will be coordinated by the undersigned in our Wilmington Field Office. Should you have any questions, please contact me at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Parker / Division of Coastal Management VNorth 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 Mr. John Hefner U.S. Fish and Wildlife Service 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. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 7.7 VOLMU wiu REPLY TO ATTFM M OF Regulatory Branch Action ID. Igg��3.1110 Sov cl �A1WW� County �ei.�Type Waterway, MC%5-'*"t(1ro Mr. Larry Hardy National Marine Fisheries Service, NOAA pivers Island Beaufort, North Carolina Work VMr. John Parker management V Division of Coastal North Carolina Department of Environment, Health and 28516 Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Regional Office Division Coastal Management North Carolina Department of Environment, Health and NaturalResources 17.-1 ',ord�na1 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general pemLit/process agreement, a State Field Investigation Report is enclosed. 7� cog �o s and/or on or before recommendations would be appreciated 1 be addressed to Questions or comments may 51 Regulatory Branch, W 'A, y-V ,^ Field Office, telephone Sincerely, Jeffrey ff- Richter Project Manager Wilmington Regulatory Field Office Enclosure 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 INTOu Of IUI TO: All review agencies FROM:. T. Barrett Division of Coastal Management DATE: June 25, 1996 SUBJECT: Dalkeith HOAIMickey Southerland J) gn - 1 titer ��'o 10 AN FEE Attached please fund the site map for the above referenced project that was distributed on June 17, 1996. I apologize if this caused any inconvenience. _A �. Jlhy 271996 130ASrA1 f,?tiFSACNENi' 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer WINTER Et='p{�1� i55EAGATE a vMLEr r = O 137 � 1 �i� � "'J i Il Llo s / :ocla .y re ,,pills 111g11,CAR, ...... r''•,� raynl. c,o l i _ LS2901 L0CAT140AJ 1M4P ED� S1111r,11r..tL•p 1, lZ"MAZO I. SPEAKU _, certify that this sup was Id., APR 1 C ?996 [drawn under e!• eupervla ion Elm Ian actual survey code by rl an actual H survey rude under ay supervision, dead description in look 11A 6, Page 2ZE • look — . page . etc. (other, that the 'DIVISION OF •ecor of closure as calculated by latitudes and departures v 11 yT.000_4•� to 1`'Ev that the boundaries not surveyed are shown as broken lines lott� f!d i r.L •1 t�ACvZf1 lnfotsutlon found 1. look Z/g . page /ZL I that this a,ap was cep p,NIE S, �'•• .prepared In accocdanes with G.J. d7-00 as aaandad. -'`, 4. ....... Witness sly hand,LM a.a1 this 2_day of QGT\.D., 19�.� NOT �';•7 t Sul r.ra�/J � : M s RY t PU8 : i-y,•Uc ;•Cjc 0,11Notri •••.......••.• y : I, a Notary rPublicoofnthe NaCoynty VeandouState afcras a id, ,COUN�tt crrtify that Bradford - Spencer. a registered land surveyor, ^• rsonally apycarc•1 buture me this day and acknowledged the e.-cut ion of tl._ re go ing in s t rumen t. Witness my hand and r icia1 stamp ,r sna this 27 th day •f 00— , I983 tlotary Public M; ao:nmLsaton erptres /1///92 ITATC Or MM CAROLINA New Hanover County The faregalng certificate of Watery public of Hew Hanover Count is Certified to be — rLet. This the 1f day of,�. 19 . Down by ems -, -,, login tar pf Oe edr ( l iClal lg Net plat. .wage :ALA 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 Jai 1plume) myIn11u TO: All review agencies FROM: T. Barrett Division of Coastal Management DATE: June 25, 1996 SUBJECT: Dalkeith HOA/Mickey Southerland C)FEE HNR Attached please find the site map for the above referenced project that was distributed on June 17, 1996. I apologize if this caused any inconvenience. � A RECEIVED AN 271996 COASTAL MANAGEMENT 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer - - � / ♦._'+---jam l---_-'•-•_ ^ •� Wriphnrilla �:� -�'1 ', �L �L U - �% Airline .U>•• tP v, n • E. . L WINTER PARK IUNINC.I n nu i5 )',. e < IIUo. shown a,704 - •L SEAGATE vision Y1. IUMINC.I ,r ail a fAV �5 POP and drainage �- rob f.'r ...is; - 7 1 certify ''r ;- I In on y Clon of ii' - �� r. 1It ASONSOR X '.;�:> _ •:'. 'If VALLEY P pWaNC I- .Leal Me, / iCldfi A,l Plat. 132 � k _ ,eaannrrggr .0 !(jH CAR I • ! ...• . O�/2•Aie ) My Me Gro • . SEAL L-290177 77 SUM LOGAT/Oicl HAP ct L. L 'rr Y„...... it, I j 1, BIZAVIR099 certify that this oap vas ,dr.,m �es! APR 1 8 1996 =J✓ (drawn uMer my supervlslon (coin fan actual eurvsy guide by rl on actual survey aside under ay aupa Evlsionl deed description in book //861, paps 2f W,, Book Page , Kc. (others that the DIVISION OF error of closure as calculated by latitudes and disport ures ig I.r[.j,ppy_r_ *a fi r-f,r1E�-� .Jt that the boundaries not surveyed are shown a broken llnu pletttai@ldrtj I AL �.,J}ACd i-i/e", infaraa tien found In book Z/H , Page /LL r that this awls va .a`t pNIE ,S• C••, - 3 prepared In accord,a with G.S. 4)-]0 a amended,u.e`��� .... , �,y •' Witness ry hsnd and goal this _1 day of Q!T \.D.,AVIO DurveyoP � � �` Ir a Notarlyrth Publiceofna. theNeCountyVeandouState afore said,esP��sCOueNet,,a• certify that Bradford L Spencer, a registered land surveyor, p•-rsonally appeared before me thi= •Jay and acknowledged the -� e._cution of tl.c [rregoing fn s t r•u,e IT t. Witness my hand and ricial stamp ,) sn;ii. this 27 Lh day •t OCT • 1969 - �Y1ala.tary , pnhal Notary Public 11; commission expires /2///92. it Mrs! Oe 70R1111 CAROLIWE New Nanover County The foregoing certificate of //)[-)[iwy, �. .�, a' ,V F.-„Q. Rotary Public of We. tlanover County, la certified to be on rZet. This the Y day of j 19 . Drawn by A`tI!<e 4glRes f Use a GEORGE CHADWICK - INSURANCE 3301 WRIGHTSVILLE AVENUE • WILMINGTON, NC 28403-4195 TEL. (910) 762-2489 • FAX (910) 763-8006 GEORGE H. CHMMCR IR MICREY G. BOUTHERIAND, C.I.C. CL UDR C. BRIDCBR ROBERTS. WIVER, C.I.C. M VIN O. ROBISON May 22, 1996 Claude H. McAllister 7823 Masonboro Sound Road Wilmington, NC 28409 Re: Dalkeith Road Pier Construction Dear Claude: As required by LAMA they must have in their files, a certified mail, return receipt requested green card in order to comply with all their requirements. By receipt of this letter it is our understanding that you do not object and do consent to the pier construction located at the end of Dalkeith Road. Thank you for taking the time to sign for the letter and allowing us to proceed. Best regards, M.G. Southerland, CIC, AAI MAY 2 9 1996 DIVISION OF MGS/jt COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Qi'4!1re 'JTj1kA4e,0W 1,F" property located at�4rl" 4MACf ZDP& ,Gyb ,Loyd on (lot, block, road, etc.) (water in �e� lda.00vp� CQu N.C. He has body) own and/or county) described to me as shown below the development he is proposing at that location and I have no objections to his proposal. I understand that a pier must be set back a minimum distance of 15 feet from my area of riparian access unless waived by me. I do o not ish to waive that setback requirement. (cir ne) Description and/or drawing of proposed development: (to be filled in by individual proposing development) F1031173D APR 18 1996 DIVISION OF COASTAL MANAGEMENT -�35:2,, phone num er ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to QAL KE'rH 1I6NEOt"1"Fi /}3566i/9r/(5 ^/ Is property located at -SCOT e 20 on IL ci 6"-) —(lot, oc , rfoIa , etc. water in �6� h1q,00 1Pr y, N.C. He has body) town and/or county described to me as shown below the development he is proposing at that location and I have no objections to his proposal. I understand that a pier must be set back a minimum distance of 15 feet from my area of riparian access unless waived by me. I d do -not wish to waive that setback requirement. (ci e) Description and/or drawing of proposed development: (to be filled in by individual proposing development) APR 1819 D 96 DIVISION OF COASTAL MANAGEMENT signature )5. 5. name 9.10 - TT pone rummer State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office A& e Division of Coastal Management James B. Hunt, Jr., Governor p E H N F Jonathan B. Howes, Secretary Roger N. Schecter, Director June 17, 1996 Dalkeith Homeowner's Association c/o Mickey Southerland 5625 Dalkeith Rd. Wilmington, North Carolina 28409 Dear Mr. Southerland: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 5625 Dalkeith Rd. It was received completed on June 14, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 27, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, T.Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Jeff Richter, COE i 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • Mickey Southerland, George Chadwick Insurance 3301 Wrightsville Avenue Wilmington, NC 28403 StrvUtH: •Complete items 1 and/or 2 for additional services. also wish to receive ills •Complete items 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the from of the mailpiece, or on the back if space does not 1. ❑ Addressees Address permit. • Write-Rerum Receipt Requssrad' on the mailpiece below the article number. 2. ❑ Restricted Delivery .The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 14a. Article Number Claude A. McAllister 7823 Masonboro Sound RD 41: Wilmington,, NC 28 �C g 6. Sign X -J PS Form December 1994 AL Z753 823 225 _._,�Certlfled � [} nSUted for Merchandise ❑.� 1 UNITED STATES POSTAL SERVICE i PA'rETTEUILLE NC Zh' #f • Print your Fr - � Mail o�taae&Fe—eT-.�. S .,-Wa , G- _ T., and ZIP Mickey G. Southerland George Chadwick Insurance 3301 Wrightsville Avenue Wilmington, NC`28403 OMMUM11] .Complete items 1 and/or 2 for additional services. I also wish t0 receive the •Complete items 3, 4a, and <b. following services (for an . Print your name and address on the reverse of this form so that we can return this extra fee): card to you. v' .Attach this forth to the front of the mailpiece, or on , e back if space does not 1, ❑ Addressees Address permit. . Wnte'Refum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Diblivery .The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. . ..-I- - lji. ew:.ueau—%— I E. Smith Jewel 7851 Masonboro Sound Rd. Wilmington, NC 28409 Received By: (Print Name) ` 2 PS Form Z753 823 224 ❑ Retum Is■