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
\
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(2) Length
I )CcerWli
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(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
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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
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-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
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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:.
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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
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;'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
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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�
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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
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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
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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
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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
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Page 2ZE • look — . page . etc. (other, that the 'DIVISION OF
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that the boundaries not surveyed are shown as broken lines lott� f!d i r.L •1 t�ACvZf1
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This the 1f day of,�. 19 .
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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
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survey aside under ay aupa Evlsionl deed description in book //861,
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error of closure as calculated by latitudes and disport ures ig I.r[.j,ppy_r_ *a fi r-f,r1E�-�
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DurveyoP � � �`
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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■