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HomeMy WebLinkAbout82-13 Edens, William & SonyaPermit Class Permit Number NEW 82-13 STATE OF NORTH CAROLINA _ Department of Environment and Natural Resources and Coastal Resources Commission 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 William and Sonva Edens. 257 Howards Lane. Hampstead. NC 28443 :Authorizing development in Pender County at adi. to the AIWW, at 257 Howards'Lane, in Hampstead as requested in the permittee's application dated 4/l/13 (MP-1) and 4/.16/13 (MP-4). including the attached worknlan drawing (1). dated undated on 4/24/13 This permit, issued on July 12, 2013 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 tines, imprisonment or civil action; or may cause the permit to be null ana vola. Docking Facility '1) Unless specifically altered herein, this permit authorizes only the extension of the existing docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) All portions of the access pier/walkway located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or othce qualified persons within twenty (20) days of the issuing- ,daie. 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 Division approval. All work must cease when the permit expires on December 31, 2016 :'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 DENR and the Chairman of the Coastal Resources Commission. a Br ton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee William and Sonya Edens Permit # 82-13 Page 2 of 3 ADDITIONAL CONDITIONS 3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 4) The authorized structure shall not extend more than '/< of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the waterbody immediately in front of.the project site. 5) No attempt shall 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 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury - which may be caused from existing or future operations undertaken by the United States in the public interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. . . 9) , This permit authorizes four additional boat slips for a maximum of six formalized boat slips. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters,, the permittee shall be required, upon due notice from the' Corps of Engineers, to remove, relocate or alter the structural work- or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account .of any such removal or alteration. 11) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without -the written approval of the Division of Coastal Management. 'William and Sonya Edens Permit # 82-13 s Page 3 of 3 ADDITIONAL, CONDITIONS 13) The permittee and/or his contractor shall meet with a representative of the Division prior to project i initiation. j_ NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. GP 197800056 (SAW- 2011-00553). leM MP-1 APPLICATION for Major lovolopment Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) RECEi"vEll Applicant 1: First Name William MI R Last Name Edens MAY U 2 2013 Applicant 2: First Name Sonya MI B Last Name Edens Dorm-:MIWITY If additional applicants, please attach an additional page(s) with names listed. Mailing Address 257 Howards Lane PO Box City Hampstead State NC ZIP 28443 Country USA Phone No. 910-619-1737 ext. FAX No. 910-270-9592 Street Address (if different from above) City State ZIP Email sonya@rscengineering.com 2. Agent(Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No.1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (f different from above) City State ZIP Email RE DCM WILMINGTON, NC <Form continues on back> APR 2 3 25A 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander 257 Howards Lane n/a Subdivision Name City State Zip Forest Sound Hampstead NC 28443 - Phone No. Lot No.(s) (d many attach additional page with list) 910 - 619 -1737 ext. 4, 4A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Topsail Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Topsail Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. PcmA (pun 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 155 r 108,846 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 108,846, NWL (normal wafer level) (If many lot sizes, please attach additional page with a list) 9 ®NHW or ❑NWL e. Vegetation on trail Lawn grass and ornamental landscaping MAY 0 2 2013 f. Man-made features and uses now on tract D *.1 IzJ CITY Residential home with existing pier and dock g. Identify and describe the existing land uses adiacen to the proposed project site. Vacant lot to the north, residential horn to the south h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RP - Residential Performance (Attach zoning compliance certificate, if applicable) ®Yes ONO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? t-itUtI V t-U <Form continues on next page> DCM WILMINGTON, NC APR 2 3 ilJA 252-808-2808 :: 1-888.4RCOAST :: www. nccoa sta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ENo (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ENo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Private septic system o. Describe existing drinking water supply source. Private well p. Describe existing stone water management or treatment systems. Swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment EPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. -Boat docking and water access c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction RECEIVED d. List all development activities you propose. Construct pier, floating dock and boat lift DC'v!-1NL"D C!TY e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stonnwater be discharged into a wetland? Dyes ENo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ENo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC APR 23'2013 252-808-2808 :: 1.888.41FECOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Hiram Williams Phone No. 910-620-0696 Address 825 South Green Tee Road, Hampstead, NC 28443 Name Darrell & Sally Markovitch Phone No. 910-270-7029 Address 285 Howards Lane, Hampstead, NC 28443 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA General Permit, Permit# 39883, issued 5119/06 - original Dredge & Fill Permit, Permit# 57433, issued 10/24/11 - dredge pier & dock access channel for maintenance h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certfcation 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 the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 4/1/13 Print Name Sonya Edens RECEIVED Signature MAY 0 2 2013 Please indicate application attachments pertaining to your proposed project. DC:`d-i!RD CITY ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC APR 2 3 26i3 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagament.net Form DCM MP-4 STRUCTURES ly�� g (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Publia/Govemment ®Private/Commun4 ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (iii) Length 370' (ii) Number 4 (iv) Width 6' (iii) Length 52'. 24'. 24'. 20' (v) Floating [--]Yes ®No (iv) Width 6'. 6', 6'. 6' (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 1 (ii) Number 2 (iii) Length 20 (iii) Length 24 (iv) Width 20 (iv) Width 17 (v) Floating []Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of twat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 26 m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 4 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout RECEIVED MAY 0 2 2013 DC:bi-Mim C!TY I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED DCM WILMINGTON, NC APR 2 3 iii 13 252-808-2806 :: 1.888-4RCOAST :: www.nccoastal_management.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed o% h. I. Give the number of channel markers and "No Wake' signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? RECEIVED k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madna/docking facility proposed within a primary or secondary nursery area? ❑Yes []No RECEIVED DCM WILMINGTON, NC APR 2 3 20 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? []Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community, (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DC---M-M!1D CITY RECEIVED DCM WILMINGTON, NC APR 2 3 z0Q 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form QCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 250 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 0 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at walerward end of structure at NLW or NWL 4 feet 8. OTHER ®This section not applicable a. Give complete description: 4/16/13 Date 257 Howards Lane Project Name Sonya Edens ct Name RECENED MAY 0 2 ?N3 DC'.b1WEID CITY RECEIVED DCM WILMINGTON, NC APR 2 3 z6Q 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 I _. .. .. . yn " . . " ....,. V.,nhy Mo11 — 5z f S G' x 3V' Nitr e r t, 01 go . zo' Fut� platform,to�� nik,fiP ©. 52 6'�nc�tr pifY (han-�ioe�ln O 29' a G' FtngFY 11kr �M+n- flaa}in0 ) 20' x 6' FtnlL�[r Nlry �Fleaiihry� y T« pil-56 y Murslh +� i 201 fxwlin' NitY _w A wrreU 1 Sally MarkaVtfei, m H~vA4 Lw Nan,p e4d, NC 28443 Htvnrn walmm5 625 cjrt+h rfG Rd. 0 151, , y U Randall 3 Sonya E<kas 25T 40Wavjl) Lortc,. ++aVY,Ir,f-tad , N[ 2844-3 A-pr I 15, 2u13, Up" Ard 2412013 SCUM.15 v 6o r fXi5i1M LGh4l 4e `� JJ �yls}t� vx Ic' flefin� dr<K 'Y n b RECEIVED DCM WILMINGTON, NC APR 2 4 2013 `~ r i'N' ; 1~ m w t MHW rlpp+ax vmehlx GnG ti N L W 2itEC8NED MAY027013 km p9ifaA, N( 2t1443 Awmfvr -M q to, f! US -AC(E $si UX IrriYacon4 l W�trrYv�y �t�®�rik1�D DCM WILMINGTON, NC APR 2 3 2013 � \ � . \ a � e olp � . � � » &% RECEIVED 2. eoe RECEIVED DC9mmINGrN,NC APR 23 Al DCM Coordinator: ' C f/✓�+ Permit #: 13 Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: MAILING DISTRIBUTION SHEET (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Dave Timpy v Renee Gledhill -Early Debra Benoy (WIRO) ✓ Joey White (WARD) Anne Deaton ✓ Jeannie Hardy Ken Pace Patti Fowler Tim Walton / Karen Higgins (Raleigh) / John Hennessy (NC DOT) Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis — 401 / Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARD) Vacant (WIRO) Fax Distribution: Permitee Agent #:_ ®P N"® NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor William & Sonya Edens 257 Howard Lane Hampstead, N.C. 28443 Dear Sir or Madam: Braxton C. Davis Director July 16, 2013 John E. Skvarla, III Secretary 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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (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 requires 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. Sincerely, gB f"E�L �a3. t�fo 7d.�rT Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: wvvw.nccoastalmanagement.net An Equal Opportunity %Affirmative Action Employer Govoni, Daniel From: Dail, Jason Sent: Wednesday, July 10, 2013 9:00 AM To: Govoni, Daniel Subject: Randall and Sonya Edens CAMA Major - Howards lane Attachments: image001.png Daniel, The topography immediately beneath and adjacent to the proposed dock extension is relatively flat with no defined channel. It is my opinion that an "elevated walkway" clause does NOT need to be required for this project. Let me know if you have any questions. Jason XC. Di *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* DIVISION OF CO%STA1 MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: William Edens PROJECT NAME: Edens Docking Facility COUNTY: Pender LOCATION OF PROJECT: 257 Howards Lane, adjacent to the AIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-24-13 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: ez_-- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC ): 5-2-13 ADJ. RIP. PROP NOTICES RECD:�+ APPLICATION ASSIGNEDf T �'dvon C) 75 DAY DEADLINE: f I ��� MAIL OUT DATE: 4-30-13 FEDERAL DUE DATE: RECEIVED MAY 0 2 2M To Be Forwarded: n/a DCM MiiD CTIY To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC ): $250.00 END OF NOTICE DATE: 5-23-13 DEED REC ): YES ON: S; ?—/13 150 DAY DEADLINE: STATE DUE DATE: 5-23-13 FED COMMENTS REC ): PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency L/ Division of Community Assistance Land Quality Section d 5-9 Division of Water Quality 110 Storm Water Management (DWQ) S (S State Property Office S — Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers ZG(1 e, v-,> Project Name Ed'e x' OF, 1 Assigned to C729 (/O',I " Assigned on cJ � �/3 Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator. Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator �C Other 5 A/0 C rds s _ QS �� 2 �Pvs Gk" k to n o ✓ "J- �/, W tii; s Written approval from DWQ is/i &required for this project. May. 15. 2013 2:43PM NC Dept of Transportation No, 5166 P. 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIMION OF HIGHWAYS DIVISION 3, DISTRICT 1 295 WILMINGTON HWY„ SUITE A SACKSONVILLE, NC 28540 PHONE 910-346-2040 FAX 910-346-8030 To: Doug Huggett From: Robert Vause Fax: 252-247-3330 Pages: 2 (including cover) Phone: pate: May 15,2013 Re: CC: ❑ Urgent ❑ For Review 17 Please Comment ❑ Please Reply ❑ Please Recycle May.15. 2013 2:43PM NC Dept of Transportation ,II No.5166 P. 2 N0 I IviPYI m. ) o ryN pV�y 5-Io•12 *5VA DIr+TRICT 1 VCUET MAY O fi 2013 North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 MEMORANDUM: TO: Robert Vause NO DOT Pender Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douce Hugrrett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: / is 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 %)� �coommentss. SIGNED__'Al \ �1�� � DATE 127 Cardinal Drfve Ext., Wlminglon, NC 28405 Phone: 910-796.7215 \ FAX; 910395.3964 fnlemel: www.nomastalmanaaemenl.nel An Equal Oppormniry \ AlfinatvaAdon Emploral 3 1 NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor William and Sonya Edens 257 Howards Lane May 7, 2013 THIS IS Hampstead, NC 28443 Subject Property: A Pow,Ar Aamps M II NO WRITTEN CONCURRENCE NEEDED Dear Mr. and Mrs. Edens: L Resources John E. Skvada, III Secretary Pender County DWQ Project #: 13 0462 RECEIVED MAY 10 2013 DCM-MHDCITY You have our approval, in accordance with the attached conditions; to extend your existing docking facility and add additional slips, as described in your CAMA application dated April 30, 2013, received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 30, 2013. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This Certification allows you to use the Regional General Permit # 198700056 when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is described in your application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7). This approval shall expire when the corresponding General Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One Phone: 919-707-86001 Internet: mm.ncdenr.gov NO C�a{trcifiina An Equal Opportunity l Afirmative Action Employer-50% Recycled 110% Posl Consumer Paper Nturially William and Sonya Edens DWQ Project # 13 0462 May 7, 2013 Page 2 of 3 2) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED MAY 10 2013 DCM-MAD CITY William and Sonya Edens DWQ Project # 13 0462 May 7, 2013 Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact Joanne Steenhuis at 910.796.7306 or via e-mail at Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns. Enclosures GC 3883 Certification of Completion Sincerely, anne Steenhuis Senior Environmental Specialist cc: Jennifer Burdette - DWQ 401 Oversight Unit Jason Dail — DCM Wilmington David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City WiRO RECEIVED MAY 10 2013 DCM-M I) CITY 04-30-'13 15:18 FROM -DENS Wilmington 910-350-2004 T-757 P0004/0004 F-261 J*, D �. CCDEFR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hite ett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail a# (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www nccoastalmanagement.net An Etlual Opportunity k AlVnnative Action Employef Pat McCrory Governor April 30, 2013 MEMORANDUM: TO FROM: SUBJECT: Applicant: Project Location fij NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Debra Benoy District Manager Public Water Supply Resources John E. Si III Secretary RE(i MAY 0 7 2013 DCM-MHD CITY Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review William & Sonya Edens 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pander County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V 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 comil SIGNED DATE ECEIVE 127 Cardinal Drive Ext., Wilmington, NC 28405 APR 3 0 2013 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastaimanaoement.net An Equal Opportunity I Affirmative Action Employer BY: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 RECEM MEMORANDUM: MAY 0 $ 2013 TO: Dan Sams District Manager DCMV-gDcrrY Division of Land Resources FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Fender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hu_ggett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 —t / DATE i' AY 3 zoi3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanacement.net An Equal Opportunity \ Affirmative Action Employer ECEIVE APR 11211, BY. LYNA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 RECEIVED MEMORANDUM: MAY O1 W1 TO: Tim Walton DOA Dept of Administration STATE PROPERTY State Property Office OFFICE FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 127 Cardinal Drive Ext., Wilmington,128405 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanaoement.net ,TE , � \ �� RECENED MAY 0 8 Z013 An Equal Oppoduntly \ Affirmative Action Employer DCM-MHD CITY Page I of I �U) The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the Information contained herein. Deed Book: 2073 [E Page: 0147.jpg ElZoomin ZoomOut Previous Next OK2013PG141 MAD�1 03MT21 FM12106 m/2T/mm JOYCE R. SWICEGOOD peR08R COO" PC 5990.00 RESIST F.R OF DEEDS ?ENDER COUNTY, NC m.rt a pT Peal Estel" _ , NA E"caw Tex u 1 YeYtrlea GP# - .'7nS '1.�SyHou6aod ,.xd7atp/x Dealt Fa+QeP OTR ED aw.00 P.O. a— 969, by Richard L. Praace, This lnstru t w prepared y re aring this instrumennt ahCY Hampstead, NC 2 443. The attorney a n as his. written and made no record search east thtitle lsame Pis shown by CO Che p p herein described, STATE OF NORTH CAROLINA COUNTY OF RENDER GZNZUL WARRANTY DEED THIS DEED, made this 19th day o£ March, 2003, by and between, and W. RANDALL EDENS and wife 90NYA B. BDENE, Toga A, WICKER and wife TEEE9A R. WICKER, (Hereinafter calla "Grantor'), The designation Grantor and (Hereinafter called "Grantee")- heirs, Grantee as used herein shaand includell eha saiiacludertsingular, plural, successors and assigns, ared by context. masculine, feminine or neuter as raga h I T F E T H for valuable consideration paid by the GRANTEE, That GRANTOR, acknowledged, has bargains receipt of which is her rant, sell, and by Of these presents does hereby bargain, 9 unto GRANTEE in fee simple, the below described North Carolinaland land being more particularlyd in TopsailTdescribed aedfo foller ows: FIRST TRAM - at an existing iron pipe, in the southeastern right Beginning said Dint being located Of way line re Howard's Lane es extended, p right of way line South 61 degrees 03 minutes West 62.51 feet n f8 d �i9w iron Pipe eaid the southwestern end of a circular cua length of rve and distance of having a radius of 802.g 06 feet located a�chord hearing and feet, end of said curve being South 52 degrees 54 minutes 30 seconds West 227.29 feet e, m an line existing iron stake at the northeastern end of said curve, laid iron stake being located along the southeastern right of way of Howard's Lane South 44 degrees 46 minutes West 100.00 feet from y RECEIVED M,qy 0 S 2013 DCMwW. mCITY 11 E C E I V EU DC 1'JiIL?;I; d V, NG AFi; a > 1 ii3 Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2073 1� Page: �0148_jpg Zoomin ZoomOut Previous Next Y2073M 148 an iron bolt at the most western corner of Tract 138 of Forest Sound as shown on sheet 2 of 2 of -Forest Sound, as recorded in Map Book 18 at Page 46 of the Pander County Registry; running thence from said beginning point with the extension of the southeastern right of way line of Howard's Lane, South 61 degrees 03 minutes West 124.25 feet to a new iron pipe; running thence South 41 degrees 52 minutes 24 seconds East 320.36 feet to a new iron pipe in the approximate high water line of Topsail Sound, hereinafter referred to as corner number 3; running thence with the approximate high water line of Topsail Sound, North 69 degrees 42 minutes East 14.38 feet to an iron pipe; running thence again with the approximate high water line of Topsail Sound, North 66 degrees 35 minutes East 134.65 feet to an iron pipe; hereinafter referred to as corner number 5, running thence North 45 degrees 14 minutes West 341.08 feet to the beginning and containing 0.987 acre as surveyed by Johnnie C. Garrason, Registered Land Surveyor No. L-1347 and being all of Lot No. 4 as shown on a map entitled "Revised Map of Survey for L.E. Howard" as recorded in Map Book 25 at Page 136 in the Office of the Register of Deeds of Pander County, North Carolina. [Y�CK4di�7i4.7ri+a Beginning at an iron pipe at the most eastern corner, corner number 5 of the above described tract; running thence with the approximate high water line of Topsail Sound, South 66 degrees 35 minutes West 134. 65 feet to an iron pipe; running thence again with the approximate high water line of Topsail Sound, South 69 degrees 42 minutes West 14-.38 feet to an iron pipe at the moat southern corner, corner number 3 of the above described tract; running thence South 41 degrees 52 minutes 24 seconds East approximately 452 feet to the northwestern right of way line of the Atlantic Intracoastal Waterway; running thence with said right of way line, approximately North 60 degrees Bast to a point located South 45 degrees 14 minutes East approximately 438 feet from the beginning point, running thence North 45 degrees 14 minutes West approximately 438 feet to the beginning and containing approximately 1.55 acres and being all of Lot No. 4A as shown on a map entitled "Revised Map of Survey for L.H. Howard" as recorded in Map Book 25 at Page 136 in the Office of the Register of Deeds of Pander County, North Carolina. Together with rights of egress and ingress over roads shown on Maps of "Forest Sound" and the extension of Howard's Lane 60 feet wide adjacent to the 1st Tract as described above and adjacent to the tie line to the above described Ist Tract. Said covenants and warranties shall have no application whatsoever to the lands described and identified as second tract which is being conveyed without warranty. The second tract is registered according to Law with North Carolina Commercial and Sports Fisheries Department of Conservation and Development having been so registered 12-16-1969. aNR >> %+ii3 Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the Information contained herein. Deed Book: 2073 F Page: 0149.jpg Zoomin ZoomOut Previous Next PIQ073PP,149 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1599 at Page 271 of the Pander County Registry. To HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto said GRANTEE, in fee simple, FOREVER. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will. WARRANT and DEFEND the title against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 2003 and subsequent years. General utility service easements and rights of way of record. Easements and restrictions of record. Pander County Zoning and/or Subdivision Ordinances and Regulations. IN WITNESS WHEREOF, Grantor hag hereunder set his hand and s al, the ��dJay and year first above written. W 4- -YU— (SEAL) Ajxiim—i—s A. R'ICKRR `��S'>1�V .A.CYCSSa (SEAL) `TERESA R. NICKER STATE OF NORTH CAROLINA COUNTY OF FENDER SEAL e0"9y I, Richard L. France, a Notary Public of the ��� 0 L f County and State aforesaid, certify that JAMBS A. ° " AICEER and TERESA R. NICKER personally appeared Pr P Y PPe �OTAgp before me this day and acknowledged the execution of the foregoing officialstamp or instrument.this Wi ne dayyd hod an z'O'• PUSllc . tl March, 2003. nF•' 2' $odiya��gy��// Note Public My camnission expires: //2�Za0� RECEIVED MAY 0 8 2013 Page 1 of 1 The office of the Register of Deeds for Ponder County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2073- Page: 0150.jpg _ . Zoomin ZoomOut Previous Next RH2073PC, 150 The Foregoing Certificates of r� L '40 xa^" are hereby certified to be correct. This instrument and this certificate are duly registered at the date and time in the Book and Page shown on the first page hereof. JOYCE M. SYNE600D REGISTER OF DEEDS FOR FENDER MOD . BYVe4y/Assistant Register gy;i of Deeds. 0 N V APR `�, ; -,u13 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William and Sonya Edens 2. LOCATION OF PROJECT SITE: 257 Howards Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 22-7435, U-W, 8 2000: 22-284, U-X, 8 1995: Not available State Plane Coordinates - X: 68197 Y: 730789 Lat:34°21'27.024"N Long:77°40'57.468"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - N-0402609A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/26/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 4/24/13 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dep (D) Intende se: Privat (E) Wastewa went.Existing - Septic Planned - N/A (F) Type of Structures: Existing —Sin le-famil residence pier and floating dock Planned - 9ix (6) slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED II LLED 9IR (A) Vegetated Wetlands (Mixed coastal & 404-type) (B) Non -Vegetated Wetlands 1,996 sq. ft. (Open water (incorporated) (C) Other (D) Total Area Disturbed: 1,996 sq. ft. (0.045 acres) (E) Primary Nursery Area: No MAY 0 8 2013 (F) Water Classification: SA-ORW Open: Yes DCM-M1iD " 8. The applicant proposes to eland the existing docQking facili to accommodate six (6) vessels. William and Sonya Edens Page 2 9. PROJECT DESCRIPTION: The project site is located at 257 Howard's Lane, adjacent to the AIWW, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Forest Sound Road (approximately 12.5 miles from the Wilmington Regional Office). Turn right onto Forest Sound Road, which after approximately 0.6 miles becomes Corcus Ferry Road. Continue approximately 1.3 miles down Corcus Ferry Road to Howard's Lane. Take a right onto Howard's Lane and travel approximately 0.10 miles. The Edens' property is located along the eastern side of Howard's Lane, at house number 257. The property consists of a 2.59 acre parcel that is situated on land that is approximately 9-10 feet above mean high water (MHW) and isvegetated primarily with lawn grasses. A single-family residence occupies the highground portion of the property. The shoreline (approximately 155' as measured along the Meah High Water line) is stabilized by lawn grasses intermixed with coastal and 404-type wetlands. Smooth Cordgrass (Spartina alternii fora), along with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the intertidal flat a distance of approximately 400' before reaching the open water area of the AIWW. The width of the waterbody, in the vicinity of the project site, measures approximately 660' from marsh to marsh. Currently, the applicant's maintain an existing pier and floating dock on the property that extends approximately 145' toward the east. The pier and floating dock were permitted under CAMA General Permit No. 39883, in 2005. A 6' x 16' floating dock is positioned near the terminal end of the floating dock and is situated in a man-made basin that was recently dredged by the applicant's back in 2011. The entrance channel leading to the basin runs beneath an adjacent dock located north of the property. Access to and from the Edens current dock is strictly limited due to the height of the adjacent pier, and the separation of the pier relative to the Normal High Water level. Currently, water depths in the vicinity of the existing floating dock range from approximately -3' to 4% relative to Mean Low Water (MLW). The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine KNOW andhis OPEN to the harvest of shellfish. PROPOSED PROJECT: MAY082013 The applicant proposes create a si: 6 sli cking facility waterward of the exI MFrRccording to the work plan drawings, the applicant proposes to extend the existing 6' wide pier another 370' toward the east, into the AIWW. As proposed, the pier would extend approximately 150' beyond the edge of the marsh and would terminate in a 20' x 20' covered gazebo. In addition to the covered gazebo, the applicant proposes to install a series of fixed finger piers and a floating dock comprised of four (4) sections, as well as two, 17' x 24' boadifts. The fixed finger piers would be installed waterward of the proposed gazebo and would run perpendicular to the shoreline (with exception of the main 6' x 52' "spine"). Access to the finger piers would be provided by two, 2' x 5' wide catwalks, located on either side of the gazebo. A 6' x 52' fixed "spine" would run parallel to the shoreline and connect the three remaining pier sections. As designed, two 6' x 24' fixed finger pier would be installed at opposite ends of the main spine, and one 6' x 20' floating section would be located in the center of the spine. A single 17' x 24' boatlift would be installed at each end of the docking facility, along the outer edge of the southern and northern most finger piers. According to the application package, water depths in the vicinity of the proposed docking average approximately -4.0', relative to the Mean Low Water level. William and Sonya Edens Page 3 10. As planned, the applicant's proposal would extend within 20' of the near shore edge of the Federally maintained Channel, within '/< of the width of the waterbody. Based on the work plan drawings, the applicant's proposal is located outside of the 15' riparian corridor setback of both adjoining property owners. As a result, the applicant did not require a waiver from neither neighbor for the proposed development. four (4) slip docking facility uld result in a creation of six (6) slips wheycombined na 6LxJ-(floating doc developmen would result in the incorpgratron of approximately 1,996 square feet of Estuarine Waters and PuSIL-T * °-� ugh no SAV was observed within the project area, site conditions did not permit a conclusive determination as to whether there would be any impacts to SAV (due to limited visibility resulting from turbulent and stained water). The proposed development would be located outside of the 15' riparian corridor setbacks on both sides, would be constructed within ''/< of the width of the waterbody and outside of the federal channel setback. Submitted by: Jason Dail Date: 4/29/2013 Office: Wilmington MAY 0 8 2013 DC'.4.V! EID C.'TY Protect Narrative Randall & Sonya Edens (owners) wish to extend an existing dock located at 257 Howards Lane, Hampstead, Forest Sound Subdivision, Pender County. The existing dock was permitted in 2006 and constructed. Access to the waterway is limited by an existing dock located to the north of the owner's property. The request is to construct additional pier to access the waterway, along with a 20'x20' covered platform, boatslips and floating dock as shown on site plan. RECEIVED MAY 0 S 2013 DCM-MAD CITY IN M14 APPLICATION for r-- m1dorlevolopmontpormh (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name , William R Edens Applicant 2: First Name MI last Name Sonya B Edens If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box city State 257 Howards Lane Hampstead NC ZIP Country Phone No. FAX No. 28443 USA 910-619-1737 ext. 910-270.9592 Street Address (d di%rent from above) city State ZIP Email RED sonya@rscengineering.com 2. Agent/Contractor information Business Name Dr'b1 'UUD C.rTY Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email <Form continues on back> 252.808.2808 :: 1.888 .. .,ST :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander 257 Howards Lane n/a Subdivision Name City State Zip Forest Sound Hampstead NC 28443 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 619 -1737 ext. 4, 4A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Topsail Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Topsail Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. P"JIA 6"f 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 155' 108,846 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 108,846, 1 1 NWL (normal water level) (if many lot sizes, please attach additional page with a list) 9 ®NHW or ❑NWL e. Vegetation on tract Lawn grass and ornamental landscaping f. Man-made features and uses now on tract RECEIVED Residential home with existing pier and dodo Pa4Y 0 8 2013 g. Identify and describe the existing land uses adjacent to the proposed project site. Vacant lot to the north, residential hom to the south OMMMC17y h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RP - Residential Performance (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> j1r a " :u to 252-808-2 Y. 4 s t a I in a n a g e m e n t. n et 0 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Private septic system o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. Swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Boat docking and water access c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction RECEIVED d. List all development activities you propose. MAY U S 2013 Construct pier, floating dock and boat lift EIMM M CITY e. Are the proposed activities maintenance of an existing project, new work, or both? New work I. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. r-3E-CE3V ED <Form continues on back> DCM 1,NIDAIi\GTON. INC APk 2 3 A13 252-808-,: an a em en t. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (i) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized wont, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Hiram Williams Phone No. 910-620-0695 Address 825 South Green Tee Road, Hampstead, NC 28443 Name Darrell & Sally Markovitch Phone No. 910-270-7029 Address 285 Howards Lane, Hampstead, NC 28443 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA General Permit, Permit# 39883, issued 5/19/06 - original Dredge & Fill Permit, Permit# 57433, issued 10/24/11 -dredge pier & dock access channel for maintenance h. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies tc enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-uI monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED Date 4j1113 Print Name Sonya Edens Signature MAY 0 S 2013 Please indicate application attachments pertaining to your proposed project. DCM-MHDCITY ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808.2808 1-888-4RCOA5F wr. w..r, C c 0 a S t 3 1 rn a r a 9 ear. a rb?.net Form DCM MP-4 11vo STRUCTURES I5� ry (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina. ❑Commercial ❑PublicJGovemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (III) Length 379 (iv) Width 6' (v) Floating ❑Yea ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (III) Length 20 (iv) Width 20 (v) Floating []Yes ®No IyqteRo�iwesa(culated from ddpline dimensions ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 4 (III) Length 52% 24'. 24'. 20' (Iv) Width 6%6'.6'.6' (v) Floating ®Yes ®No f. (1) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 2 (iii) Length 24 (iv) Width 17 (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or Z ii) Number of slips existing �. / „ /� maintenance service `-III `/t� ❑Dockage, fuel, and marina supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 26 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 4 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout RE(:BIVBD MAY 0 8 2013 DC!yl MM CrrY 1. (!)Will the facility be open to the general public? []Yes ®No 252-803-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? RECEM MAY 0 8 7013 k. Describe design measures that promote boat basin flushing? DCM ,'t-1FID CITY I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252.808-2808 :: I-888.4RCOAS wwvv.rcc.oastaimanacgemen* .net revised: 1227106 'Form DOM MP-4 (Structures, Page 3 of :';. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (ii) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NFW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number _ ❑Commercial ❑PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, it present. MAY A 8 2013 e. Arc of the swing DC't•1-!vilD CITY 7. GENERAL RECEIVED aC1n q NC r� 252-6i; -. .-'3 :: 1-888-4RCOAST : wvvv+.nccoastalrnanagement..n,et revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 250 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 660 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NIA or NWL 4 feet ._ 18. OTHER ®This section not applicable a. Give complete description: 4/16/13 Date 257 Howards Lane Project Name Sonya Edens — licant Name a Applicalg Signature RECEIVED MAY 0 8 2013 DCM-MHD MY 252 808 2i.: ;; 1.888-4RCOAST :: www.nccoastahnanagemert.neq revised: 12/27/06 ,1at.�JnM i��tieo3naj.u1 ,p2 f; r �- 5♦ i;. �'�{� 1y"" fi}pj, ?N '�+1N♦•,+d "^aN 4111(1 s-m Ci \'J x SWNIII!M WVA)H G , M"W 41W j 4 ,A 41%Z of EI�4 S 0 r 1 t ul;nnlv) -WON .7}lil A'(,4:4 j k 75 CO _ i ay t YH ?A0'wAO-j{a1d r,l�f� OZ,,r�7 CI'-i t. T 1 J J � J ON ' iONIIIATM WJa ? v L w � 7I)°p fivi}°°jf O `0�'}o7.a z f�" INNb) �44 4 ' / it 1 i° 1 4aatf,, ? y b �9 = I �. Poz, t li,` "Pan -7u,11 y11AY>nnoil 1_�1Z S51 Su7p3 IlvIp�,vd n r� �. a \ .Oj ¥ � . , oz« ! , \ Id POA ©CEM f ve0amlƒ DCM-MHDcffy O_ AWA 0 lC�NW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 MEMORANDUM: RECENED TO: Ashley Frank MAY 13 2013 LPO Pender County TXu->v.HDcrrY FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hu4gett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: V 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 j3zalg�� DATE 5- 3- 13 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964Internet: www.ncooastalmanagement.net An Equal OPPortimily \ Arfirmalrve Action Emooyer RECEIVED Pat McCrory Governor April 30, 2013 MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director TO: Georgette Scott Stormwater Section DWQ - Wilmington MAY 14 2013 Resources DCM-MFM CrrY John E. Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggettat the address above by May23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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. SIGN � DATE /3 0 L3 rAPR CEIVE 127 Cardinal Drive EA, Wilmington, NC 28405 3 0 2013 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.ncooastalmanaoement.net An Equal Oppoduni y 1 Affirmative Action Employer BY• E kU w MAYQ1,C.PA NCa NR North'Cartih6 Department of Enviroi)mentl-and.NatUral,Nesources; Division of Coastal PAanagemeM Pat P�cCro y' Braxton-:G Davis JohnE: Slivatla; III Governoi Director Secretgry April K, 2013 t �) MEMORANDUM:' TOs: Renee Gledhill Early` 5. Dept, of:tulturai-Resoufces.-, - , . Archives &:History FROM: Doug Huggett, NC DENR-DCM Majdr,Permits Co, .400 Commerce Ave;, Morehead.Cit% NC'28557 (Courier• 1142-09) SUBJECT: ZAMA'Major Permit-Qc PI ' Beat on�Aeview Applicant:. William & Sonya Edens: Project Location: .257 Howaeds,Lane, adfacentito the AIWVV,'In: Hampstead; Pender County Proposed Project: to expand the existing hocking facility,to accommodate -six (6) vessels. Please indicate below your agency`s Pesition orv'iewpojrit-on the proposed project;and, return this form to Doug Hu_ggetf'at the address;above,by May_-23, 2013. If;you have any questions regarding,the proposed project,,contact-Jason Dail at (910) 796-7215, when. REPLY: This agency has no, obfectionao the project as proposed.l.. Thisagency'has no.comment:on,the;proposed project. _. This agency approves of Ithe project -only if :the recommended <chandes. are incorporated.. See attached,_ This agency, :objects 'tot the project for Feasons described, in the attached comments. ]j SIGNED. H tJ1X ' DATE, i 2i Gardfnaf Drina Ext, Wiiming6n,, N 2&t05' n Fnone::91�7867215;tFAX._910-395.3VA intenel: uN,vl.nceoastalmanaoementner AY' 01 32013 Z i 2,q N North Carolina Department of Environment and Natu Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 30, 2013 MEMORANDUM: TO: Anne Deaton Division of Marine Fisheries MAY 13 Z013 John E. Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William_&.Sonya-Edens- Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels:. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hwgett at the address above by --May 23,'2013..If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 C�N� e /1 DATE 5`1 `I 2 ECEFIVE APR 3 0 2013 1 127 Cardinal Drive Ext., Wilmington, NC 28405 BY; Phone: 910.796-72151 FAX: 910.395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Aclian Employer Pat McCrory Governor May 10, 2013 c4i� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director Mr. and Mrs. William Edens 257 Howards Lane Hampstead, NC 28443 Subject: EXEMPTION Stormwater Project No. SW8130424 Edens Docking Facility Ponder County Dear Mr. and Mrs. Edens: John E. Skvarla, III Secretary RECEIVED MAY 15 2013 The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for the subject project on April 30, 2013. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated With the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.leWs@ncdenr.gov Sincerely, For Charles Wakild, P.E., Director Division of Water Quality GDS/arl: S:IWQSIStormwaterlPermits & Projects120131130424 Exemption12013 05 permit 130424 co: Pender County Planning Department Shaun Simpson/Jason Dail — DCM WIRO Doug Huggett, DCM Wilmington Regional Office Stormwater File Wilmington Regional Office "'lt� 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 101�t h Calr'to ))}i na Phone: 910-796-7215 \ FAX: 910-W2004 \ DENR Assistance: 1-877,M-6748 �yttlfjp`4'8G yf Internal: www.ncwatercfuality.org sf An Equal Opportunity \ Afrmnafiw Action Employer �� P RZ-60IR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director �5618 1pSecretary April 30, 2013 RECEIVED R� lA�2p13 �y MEMORANDUM: MAY 17 2013 TO: Maria Dunn �-XM-WIDCr For WIRO TY `'9�SZbl�ZZZ`2p�`O NC Wildlife Resources Commission FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggtett at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 /�,. j _ _ DATE 5-i3-7o13 127 Cardinal Drive Ext., Wlmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nccoastaimana.gement.net An Equal Opporfuniry \ Affirmative Aeon Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 30, 2013 MEMORANDUM: RBMrV D TO: Shannon Jenkins MAY 21 2013 NH DEH Shellfish Sanitation Section oCMMHDCrry FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: William & Sonya Edens Project Location: 257 Howards Lane, adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to expand the existing docking facility to accommodate six (6) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Howe tt at the address above by May 23, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 SIGNED/ �,� DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoastaimanaaement.net An Equal OppodundyVAlfirmatrve Action Employer Ste- 10- 1 3 IECEIVE APR 3 0 2013 BY:_----- Govoni, Daniel From: Timpy, David L SAW [David.L.Timpy@usace.army.mil] Sent: Thursday, May 09, 2013 12:52 PM To: Coburn, Chad; Huggett; Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Cc: Dail, Jason; Arnette, Justin R SAW Subject: William R & Sonya Edens, SAW-2011-00553, CAMA Major App, GP56 Attachments: GP78-0056signed.pdf Reference the application submitted by William and Sonya Edens to expand the existing docking facility to accommodate six vessels at 257 Howards Lane, adjacent to the AIWW, in Hampstead, Fender County, North Carolina. In coordination with the Corps Navigation Branch, it has been determined that the proposed docking facility will not encroach into the Corps setback to the AIWW. The total length of the proposed docking facility is approximately 425 ft from the existing dock on the property and approximately 5 ft landward of the Corps setback to the AIWW. Based on the referenced application, the proposed project meets the terms and conditions of GP197800056 (Docks and Walkways, GP56) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this general permit. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2011-00553. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.army.mil/survey.html to complete the survey online. 1 Govoni, Daniel From: Dail, Jason Sent: Wednesday, July 10, 2013 9:00 AM To: Govoni, Daniel Subject: Randall and Sonya Edens CAMA Major - Howards lane Attachments: image001.png Daniel, The topography immediately beneath and adjacent to the proposed dock extension is relatively flat with no defined channel. It is my opinion that an "elevated walkway" clause does NOT need to be required for this project. Let me know if you have any questions. Jason #ell N.C. Division oM`Coasi 4 Z7 Cardinal *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* MEMORANDUM To: Daniel Govoni From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, William and Sonya Edens, Pender County Date: June 3, 2013 This project is consistent and not in conflict with the 2012 Pender County Comprehensive Land Use Plan Update. The applicant proposes to expand the existing docking facility to accommodate six (6) Vessels. The project is located at 257 Howards Lane, adjacent to the AIWW in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File MAJOR PERMIT FEE SCHEDULE Edens / $250 / Pender Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 I11. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S250 100% $250 0% $0 III(B). Public or commercial development, if eneral Water Quality Certification No. 3490 See attached can be lied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 111(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 RECEIVED oy 0 2 2013 BC A!HDC:TY Recommendations for State Permit — William and Son The total area of the existing and proposed structures was calculated as follows: Shoreline length = +/-155 ft. x 8 sq. ft =1,240 sq. ft. allowable. Existine• Floating dock= 6' x16' = 96 sq. ft Proposed: RECEIVED Proposed Gazebo = 20' x 20' = 400 sq. ft. Proposed boatlifts = Two, 17' x 24' each = 816 sq. ft. (not counted in square footage) Proposed finger piers = Two, 6' x 24' and one, 6' x 52' = 660 sq. ft. MAY 0 2 2013 Proposed cat walk = Two, 2' x 10' = 40 sq. ft. Proposed floating dock = 6' x 20' = 120 sq. ft. (not counted. In alignment with pier) DCM-MHD CITY Total square footage of proposed and existing = 1, 196 sq. ft. The proposed development would provide dockage for up to six (6) vessels (two existing and four proposed). The existing docking facility currently extends approximately 145' towards the AIWW, and the applicant proposes to extend the pier another 370'. The waterbody in the area of the proposed pier measures approximately 660' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and federal channel setback. It appears the project would not impact beds of SAV, and would therefore be CONSISTENT with NCAC 07H .0208(b)(1). Provided the resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. Any permit issued should also include the following conditions: 1. 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 the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. 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. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6. 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 project without having the permit transferred to a third -party. 7. This permit authorizes a maximum of seven (7) boat slips. At no time shall more than seven (7) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NCDEE AR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Braxton C. Davis John E. Skvarla, III Governor Director Secretary April 29, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo for: • Pollak in New Hanover Co. • Baker in Pender Co. • Edens in Pender Co. Kyle & Heather: Please publish the attached Notice in the Thursday, May 2, 2013 issue. RECENED MAY A 2 2013 DC 4f-MHD C?TY The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun I.S' son Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following submitted applications for development permits in Areas of Environmental Concern as designated under the CAMA. According to said three applications: On April 19, 2013, Michael Pollak proposed to reconfigure the existing docking facility at 6450 Shinnwood Rd., adjacent to Shinn Creek Canal & Masonboro Sound, in Wilmington, New Hanover County. And on April 24, 2013, in Hampstead, Pender County, adjacent to the AIWW, the following proposed to expand their existing docking facilities: Richard & Linda Baker, at 116 Great Oak Dr., and William Edens, at 257 Howards Lane. A copy of these entire applications may be examined or copied at the offices of Robb Maus (NH Co.) or Jason Dail (PN Co.), N.C. Dept, of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 23, 2013, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 0 2 2013 DCV-Di?iD CITY 1. 2. 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William and Sonya Edens LOCATION OF PROJECT SITE: 257 Howards Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 22-7435, U-W, 8 2000: 22-284, U-X, 8 1995: Not available State Plane Coordinates - X: 68197 Y: 730789 Lat:34°21'27.024"N Long:77°40'57.468"W INVESTIGATION TYPE: CAMA ROVER FILE # - N-0402609A INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/26/2013 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 4/24/13 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP - Conservation RECEIVED (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes M.0 0 2 ?.013 (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A DC:V.-b'.!:DCITY (F) Type of Structures: Existing —Single-family residence, pier and floating dock Planned — Six (6) slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Mixed coastal & 404-type) (B) Non -Vegetated Wetlands 1,996 sq. ft. (Open water) (incorporated) (C) Other (D) Total Area Disturbed: 1,996 sq. ft. (0.045 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to expand the existing docking facility to accommodate six (6) vessels. RECEIVED William and Sonya Edens Page 2 9. PROJECT DESCRIPTION: M.AY 0 2 2013 The project site is located at 257 Howard's Lane, adjacent to the AIWW, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Forest Sound Road (approximately 12.5 miles from the Wilmington Regional Office). Turn right onto Forest Sound Road, which after approximately 0.6 miles becomes Corcus Ferry Road. Continue approximately 1.3 miles down Corcus Ferry Road to Howard's Lane. Take a right onto Howard's Lane and travel approximately 0.10 miles. The Edens' property is located along the eastern side of Howard's Lane, at house number 257. The property consists of a 2.59 acre parcel that is situated on land that is approximately 9-10 feet above mean high water (MHW) and is vegetated primarily with lawn grasses. A single-family residence occupies the highground portion of the property. The shoreline (approximately 155' as measured along the Meah High Water line) is stabilized by lawn grasses intermixed with coastal and 404-type wetlands. Smooth Cordgrass (Spartina alterniflora), along with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the intertidal flat a distance of approximately 400' before reaching the open water area of the AIWW. The width of the waterbody, in the vicinity of the project site, measures approximately 660' from marsh to marsh. Currently, the applicant's maintain an existing pier and floating dock on the property that extends approximately 145' toward the east. The pier and floating dock were permitted under CAMA General Permit No. 39883, in 2005. A 6' x 16' floating dock is positioned near the terminal end of the floating dock and is situated in a man-made basin that was recently dredged by the applicant's back in 2011. The entrance channel leading to the basin runs beneath an adjacent dock located north of the property. Access to and from the Edens current dock is strictly limited due to the height of the adjacent pier, and the separation of the pier relative to the Normal High Water level. Currently, water depths in the vicinity of the existing floating dock range from approximately -3' to 4% relative to Mean Low Water (MLW). The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to create a six (6) slip docking facility waterward of the existing pier. According to the work plan drawings, the applicant proposes to extend the existing 6' wide pier another 370' toward the east, into the AIWW. As proposed, the pier would extend approximately 150' beyond the edge of the marsh and would terminate in a 20' x 20' covered gazebo. In addition to the covered gazebo, the applicant proposes to install a series of fixed finger piers and a floating dock comprised of four (4) sections, as well as two, 17' x 24' boatlifts. The fixed finger piers would be installed waterward of the proposed gazebo and would run perpendicular to the shoreline (with exception of the main 6' x 52' "spine"). Access to the finger piers would be provided by two, 2' x 5' wide catwalks, located on either side of the gazebo. A 6' x 52' fixed "spine" would run parallel to the shoreline and connect the three remaining pier sections. As designed, two 6' x 24' fixed finger pier would be installed at opposite ends of the main spine, and one 6' x 20' floating section would be located in the center of the spine. A single 17' x 24' boatlift would be installed at each end of the docking facility, along the outer edge of the southern and northern most finger piers. According to the application package, water depths in the vicinity of the proposed docking average approximately -4.0', relative to the Mean Low Water level. William and Sonya Edens Page 3 As planned, the applicant's proposal would extend within 20' of the near shore edge of the Federally maintained Channel, within `/< of the width of the waterbody. Based on the work plan drawings, the applicant's proposal is located outside of the 15' riparian corridor setback of both adjoining property owners. As a result, the applicant did not require a waiver from neither neighbor for the proposed development. 10. ANTICIPATED IMPACTS The proposed four (4) slip docking facility would result in the creation of six (6) slips when combined with the existing 6' x 16' floating dock. New development would result in the incorporation of approximately 1,996 square feet of Estuarine Waters and Pubic Trust Area. Although no SAV was observed within the project area, site conditions did not permit a conclusive determination as to whether there would be any impacts to SAV (due to limited visibility resulting from turbulent and stained water). The proposed development would be located outside of the 15' riparian corridor setbacks on both sides, would be constructed within Ya of the width of the waterbody and outside of the federal channel setback. Submitted by: Jason Dail Date: 4/29/2013 Office: Wilmington RECEIVED MAY 0 2 2013 DCM-MHDCITY Project Narrative Randall & Sonya Edens (owners) wish to extend an existing dock located at 257 Howards Lane, Hampstead, Forest Sound Subdivision, Pender County. The existing dock was permitted in 2006 and constructed. Access to the waterway is limited by an existing dock located to the north of the owner's property. The request is to construct additional pier to access the waterway, along with a 20'x20' covered platform, boatslips and floating dock as shown on site plan. RECEIVED pa. ^," 0 2 2013 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 3 1013 Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2073 a Page: 0147.jpg Zoomin ZoomOut Previous Next BH2013PG141 12111 03/21/a109 PBP0.0. CCUIni IC $990.00 ^( at1'ITA Real Ea�ew Excba Tax � a FILED 071R 21 PM 12: 06 JOYCE 14.SWiGEG000 REGIS i ER OF DEEDS PEHCFR COUNTY, NC .: d i'arlrlea '`')ao ll. �looa'ood =JROW Richard L. France, P.O. Sox 969, This inBtry t w prepared by re aring this instrument has Hampstead, NC 2 443. The attorney p P ro erty made no record search 88 title � amG ehlow�i3 by his ewri[ en and herein described, STATE OF NORTH CAROLINA COUNTY OF FENDER GHZRAL WARRANTY DZZD THIS DBHD• made this 19th day of March, 2003, by and between, J�yZg A NICaZR and wife TZRZEA R. NIC=R, (Hereinafter called „Grantor"), and N. RANDALL ®ZITS and wife 90ITYA H• RDH an (Hereinafter called "Grantee") The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall includsingular, plural, e masculine, feminine or neuter as required by context. s I T N 8 8 T H for valuable consideration paid by the GRANTHE, That GRANTOR, haB bargained and Bold, MO of which is hereby acknowledgged, ain grant, sell, and convey and by these presents does hereby unto GRANTBE in fee simple, the be7.ow described tract or parcel Of being land sateparticularlyinopirod nsribed enf011ope:y� North Carolina and ore FIRST TRACT: Beqinning at an existing iron pipe, in the southeastern right Said point being located of way line of Howard's Lane es extended, line South 61 degrees 03 minutes Nest 62.51 feet from a new iron ay line the al having thwester oBud0of46061feetaand as lengtin h of 22id 8.06 feety end of said curve being located a chord bearing and distance of South 52 degrees 54 minutes 30 seconds Nest 227.29 feet e, said the southeastern right of way existing iron being stake at the located along northeastern end of said torus• 699. Of on Howard's Lane South 44 degrees 46 minutes Neat 100.00 feet from MAY 0 212013 RECEIVED DCM WILMINGTON, NC APR 2 3 �15113 Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2073 L_ Page: 0148.jpg Zoomin ZoomOut Previous Next FR2073G148 an iron bolt at the most western comer of Tract 138 of Forest Sound as shown on sheet 2 of 2 of -Forest Sound- as recorded in Map Book 18 at Page 46 of the Fender County Registry; running thence from said beginning point with the extension of the southeastern right of way line of Howard's Lane, South 61 degrees 03 minutes west 124.25 feet to a new iron pipe; running thence South 41 degrees 52 minutes 24 seconds East 320.36 feet to a new iron pipe in the approximate high water line of Topsail Sound, hereinafter referred to as corner number 3; running thence with the approximate high water line of Topsail Sound, North 69 degrees 42 minutes East 14.38 feet to an iron pipe; running thence again with the approximate high water line of Topsail Sound, North 66 degrees 35 minutes Bast 134.65 feet to an iron pipe; hereinafter referred to as corner number 5, running thence North 45 degrees 14 minutes Nest 341.08 feet to the beginning and containing 0.987 acre as surveyed by Johnnie C. Garrason, Registered Land Surveyor No. L-1347 and being all of Lot No. 4 as shown on a map entitled "Revised Map of Survey for L.H. Howard-- as recorded in Map Book 25 at Page 136 in the Office of the Register of Deeds of Fender County, North Carolina. Beginning at an iron pipe at the most eastern comer, corner number 5 of the above described tract; running thence with the approximate high water line of Topsail Sound, South 66 degrees 35 minutes West 134. 65 feet to an iron pipe; running thence again with the approximate high water line of Topsail Sound, South 69 degrees 42 minutes West 14.38 feet to an iron pipe at the most southern corner, corner number 3 of the above described tract; running thence South 41 degrees 52 minutes 24 seconds East approximately 452 feet to the northwestern right of way line of the Atlantic Intracoastal Waterway; running thence with said right of way line, approximately North 60 degrees Bast to a point located South 45 degrees 14 minutes Bast approximately 438 feet from the beginning point, running thence North 45 degrees 14 minutes West approximately 438 feet to the beginning and containing approximately 1.55 acres and being all of Lot No. 4A as shown on a map entitled "Revised Map of Survey for L.H. Howard" as recorded in Map Book 25 at Page 136 in the Office of the Register of Deeds of Pander County, North Carolina. Together with rights of egress and ingress over roads shown on Maps of "Forest Sound" and the extension of Howard's Lane 60 feet wide adjacent to the let Tract as described above and adjacent to the tie line to the above described let Tract. Said covenants and warranties shall have no application whatsoever to the lands described and identified as second tract which is being conveyed without warranty. The second tract is registered according to Law with North Carolina Commercial and Sports Fisheries Department of Conservation and Development having been so registered 12-16-1969. IREC VED MAY 0 2013 CITy --I�ECEIVED DCM WILMINGTON, NC APR 2 3 �Bi3 Page I of I The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WANES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book:'2073 U Page: 0149.jp9 Zoomin ZoomC7ut Previous Next P1t2073M 149 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1598 at Page 271 of the Ponder County Registry. TO HAVE AND TO HOLD the above described lands and premises, together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto said GRANTEE, in fee simple, FOREVER. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the new 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 and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorem taxes for 2003 and subsequent years. 2. General utility service easements and rights of way of record. 3. Easements and restrictions of record. 9. Fender County Zoning and/or Subdivision Ordinances and Regulations. IN WITNESS WHEREOF, Grantor has hereunder set his hand and 1s al, the day and year first above written. 9. n Zfii._- (SEAL) .�� n r �i,C (SEAL) JA10tS A. NICI®t TERBSA R. NICKER STATE OF NORTH CAROLINA COUNTY OF FENDER SEAL I, Richard L. France, a Notary Public of the qb" RI F/� County and State aforesaid, certify that JAKES A. B�4d;�` ':..0 WICKER and THRSSA R. WICKER personally appeared ¢,• .�,OTAIJ ;N m before me this day and acknowledged the execution of the foregoing instrument. WitW my hand and official stamp or this day of pUEmO Ev March, 2003. ,Y`'covEt�`r NotaN Public My commission expires: //t�LOOy RECEIVED RECEIVED DCM WILMINGTON, NO DCM-M111)CITY APR 2 3 211i3 Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2073 Page: i0150.jpgEl Zoomin ZoomOut Previous Next RIf2073K 150 The Foregoing Certificates of are hereby certified to be correct. MIS vn�•w�=••� a.� -••-- certificate are duly registered at the date and time in the Book and Page shown on the first page hereof. JOYCE M. SWICEGOOU REGISTER OF DEEDS FOR PENDER COUNTY. BpEapy/Assistant Register of Deeds. RECEIVED —REEIVED DCM WILMINGTON, NC DCM-MIMCITy APR 2 3 [U113 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this cant to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �)CtYrtdl T ill.t/( kukkoviWi iiovrA�'y l w Ndrnps+cad, IM1UT�IVED OCM WILMINGTON. NC APR 2 3 '21U13 A. X B. ❑ Agent ❑ Addre D. Is delivery address different from Rem 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. SqrvIce Type Certified Mail ❑ EVrass Mail ❑ Registered ❑. Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery! (Extra Fee) ❑ Yes 2. Article Number 7011 2000 0002 2764 6264 (transfer Irom service IebeQ PS Form 3811, February 2004 Domestic Return Receipt 102595d2-M-15a0 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: }AIVelm LNIWA►n5 22rj SQU4 9"n-LOVED ++AYnp"itcl PIMA INGTON, APR 2 3 IM A a,�%ir- X ❑Agent ❑ Addresses B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 17 ❑Yes If YES, enter delivery address below: ❑ No 3. ice Type Certified Mall ❑ Fxpress Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Ezfnt Fee) ❑ Yes 2. Article Number 7011 2000 0002 2764 6509 (ransfer Irom serv/ce labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1W tUt�� IY. Z, IT S CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: _Randall & Sonya Eden Address of Property: 257 Howards Lane Hampstead Penner County (Lot or Street #, Street or Road, City & County) Agent's Name #: Agent's phone #: Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they areproposing. A description or drawing with dimensions must be provided with this letter. ✓/ I have no objections to this proposal. I have objections to this proposal. If you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. CM WILMINGTON, NC / APR 2 3 'JI I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature _Randall & Sonya Edens Darrell & Sally Markovitch Print or Type Name RECENEI'print or Type Name _257 Howards Lane F, A 0 2, _285 Howards Lane Mailing Address Mailing Address _Hampstead, NC 28443 DCyt-35MC ; . Hampstead, NC 28443 City/StatelZip City/State/Zip _910-619-1737 Telephone Number _4/1/13 Date DCM _91047e-7079 9/0 - '-/ 7/ - 3'71 7 Telephone Number APR 2 Date 411ItMiNG(0N, ids: Revised611812012 Dail, Jason From: Dail, Jason Sent: Wednesday, April 24, 2013 10:11 AM To: 'Sonya Edens' Subject: Site plan for CAMA Major permit - 257 Howards Lane - Edens Attachments: File0220.PDF Hi Sonya, As discussed over the telephone, I am returning the work plan drawing as additional changes/modifications are required. If you would, please revise the drawing per our discussion and return at your convenience. Also, please show a minimum setback distance of 15' from the shared riparian corridor of Mr. Hiram Williams. Thank you, Jason lason Dail u. Field Representative N.C. Division of Coastal Management 127 Cardinal Drive Extension Wihuington,NC28. } Fax:(910)395 3964 r Email: lason.daihPncdenr.gov www nccoastahnanagementnet North Carolina Department of ;. Environment and Natural Resources • *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* RECEIVED DCM WILMINGTON, NC APR 2 3 20i3 RECEIVED MAY 0 2 1-10IM-N!!HD C!TY NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 29, 2013 William and Sonya Edens 257 Howards Lane Hampstead, NC 28443 Dear Mr. Bc Mrs. Edens John E. Skvada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting requesting State approval to expand the existing docking facility, at property located at 257 Howards Lane, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Hampstead, Pender County. It was received as complete on April 24, 2013 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 9, 2013. 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. If this agency does not render a permit decision within 70 days from April 24, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. ' cerely, '� �} J n ail eld Representative RECENED Cc: Ashley Frank, Pender County MAY 0 2 2013 DC?d-VTiD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet: www.nccoastalmanagement.net An Equal Opponuaily 1 Affirmative Achon Employer PIM 'LAMA PERMIT APPLIES FOR PROJECT: U • f 1-1 � - - , dss • -adjacent• 1 1 • Hampstead, Pender County. el MaV23 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: William & Sonya Edens NC Div. of Coastal Management 257 llowards Lane 127 Cardinal Dr. Ext. IlanMi teal, NG Wilmington, NC 28405 Jason Dail, Field Representative 910-796-7215