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HomeMy WebLinkAbout116-96 Spicer, Richard_ - S ,XrE QFNVK'1_ri,GAHVIANA p4rtmcr7t-5c nv1r6nmQ lii atmr ,R eSOl1ICe5 .j y4- zYY a`�. it'f"'"�? 'S s i y ; C-oastalResources,Comtnt�ssion Via; "i�j , 'k�b x'Y -t f�l`� �1� — - 71 j _ •VClOPmenrm an A`reati3imnniental_Concern,y�.,.Ys�'.:5.�'.��Is°-d;�.«:.rah.'�. Q pursuant to NCGS TQU 13A'1'18 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Richard J. Spicer P.O. Box 2020 Manteo NC 27954 authorizing development in Dare County at Croatan Sound, south end of Ferry Dock Rd., Manus Harbor as requested in the permittee's application dated 5/28/96 including attachedworknlan drawines. 5 dated received 5/29/96 and 1 dated received 6/13/96. This permit, issued on F— / — / (, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Pier/Platform/Boatlift 1) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by 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. 2) The alignment of the proposed pier must be approved by a representative of the Division of Coastal Management prior to the start of construction. attached sheets for Additional This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. oger I checter, Director 'Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee CONDITIONS NOTE: Permanent reflectors should be attached to the authorized structures to make them more visible suring periods of darkness or inclement weather. Bulkhead NOTE: An adjacent property owner has given notice of a disputed property boundary claim relative to your property. The Division of Coastal Management does not adjudicate property disputes. Therefore, the pernuttee is advised that if it is determined in the future that a portion of the permitted bulkhead encroaches on the adjacent property, the pemuttee may be required to remove, at his own expense, the offending portion of the bulkhead. 4) The bulkhead shall not extend waterward more than 29 feet from the normal water level at any point along its alignment at the time of construction. 5) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 6) The bulkhead must be constructed prior to any backfilling activities. 7) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 9) All back fill material will be obtained from a highground source and confined the permitted bulkhead. 10) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 11) No excavated or fill material shall be placed at any time, in any surrounding waters, outside of the alignment of the fill area indicated on the workplans. 12) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. ^--Sedimentafion`andErosion Control 13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025(DEM Project No. 960653), which was issued on 7/22/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199604687. Form DCM-MP-1 APPLICATION (To be completed by all applicants) MAY 2 9 b. City, town, community or landmark MANNS HARBOR 1. APPLICANT c. Street address or secondary road number 6035 HWY 64 MANNS HARBOR a. Landowner: COUNTY Name RICHARD J. SPICER d. Is proposed work within N ibift or planning jurisdiction? x_ Yes No DARE COUNTY Address PO BOX 2020 e. Name of body of water nearest project (e.g. river, City MANTEO State NC creek, sound, bay) CROATAN SOUND Zip 27954 Fax 473-1928 b. Authorized Agent: Day Phone 473-2020 Name GAYLORD PERRY Address 104 PINECONE TRAIL City KILL DEVIL HILLS State NO Zip 27948 Fax 480-1864 Day Phone 480-1 980 c. Project name (if any) NOTE. Permit will be issued in same of landm r(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County DARE 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. BULKHEAD DOCK — BOATLIFT b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for public, private or commercial use? PRIVATE d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. PRIVATEUSE RECLAIM ERODED SHORELINE AND TO STABILIZE AREA. Revised 03195 Form DCM-MP-1 P1•CF11/_'D MAY 2 9 1996 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER SEPTIC CHARACTERISTICS a. Size of entire tract 1 .2 ACRES n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)l LOT wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NO RUN OFF NWL 6.45 d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. SANDY WELL e. Vegetation on tract PINES, SWEETGUM, CEDER, PFACAN WAXMYRTT,F f. Man-made features now on tract TWO STORY HOUSE & SHED 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consah the local land we plan.) following items must be submitted: X Conservation Transitional A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R F S T DENT T AT, forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Anach Zoning compliance cerdficate, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J:0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X _ No 1. Are there wetlands on the site? _ Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Aaach dononemation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name EDWARD WISE Address 5513 OLD FERRY DOCK ROAD Phone MANNS HARBOR NO 27953 Name MANNS CUSTOM BOATS Address603 W. LANDING DRIVE Phone KILL DEVIL HILLS NO 27948 473-1 11 6 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. REC-F1vFn 012�1996 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 28 day of MAY 1996 RICHARD J. SPICER/ Print Name GAYLORD PERRY Signature �tj ; , , uc Lwwyowner or Amharized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shomline stabilization) V 1 / A Average Final /ll Erisdzkg Project Length Width Depth Depth MAY 2 9 1996 1. EXCAVATION /I f A, a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL K I A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03/95 Form DCM-MF-2 e. Does the disposal area include any coastal wetlands MAY 2 9 l£om, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water - (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes No (3) Purpose of fill _ 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap b. Length 54 ft. - c. Average distance waterward of MHW or NWL 21 ft. d. Maximum distance waterward of MHW or NWL 29 ft. e. Shoreline erosion during preceding 12 months APPROXTMATFTP 6 FT (Source oJinfor rion) A FALLEN TREE ON PROPERTY LINE f. TWOODE ulkhead or riprap material b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes _ —No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill APPROx 120 CU.YARDS c. h. Type of fill material SAND i. Source of fill material BROUGHT IN 4. OTHER FILL ACTIVITIES �! (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? BACKHOE Will wetlands be cr3ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. RICHARD J. SPICER/GAYLORD PERRY Applicant or Project Name DX�MOJHCr n ^L Signature Date Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas). Attach this form to Joint Application for CAMA Major e. Mooring buoys RroENED MAY 2 9 1996 Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number 1 (3) Length 100 ft. (4) Width of water body (4) Width 5 £t. (5) Distance buoy(s) to be placed beyond (5) Finger Piers _ Yes y_ No shoreline (i) Number (ii) Length f. Mooring structu ioatlift mooring pilings, etc.) (iii) Width (1) Commei _Community x Private (6) Platform(s) X Yes No (2) Number 1 _ (i) Number 1 (3) Length 12 f t . (ii) Length 12 ft (4) Width 1 n f+ (iii) Width R ft (7) Number of slips proposed g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) (1) Commercial Private (2) Length RICHARD J. SPICER/GAYLORD PERRY (3) Width ApplicantmP�rojecctpName 64'. �taA.�L6 W � c. Groin (e.g. wood, sheetpile, etc.) SigWature (1) Number (2) Length(s) Date d. Breakwater (e.g. (1) Length (2) Average wetlands (3) Maximum wetlands wood, sheetpile, etc.) distance from MHW, NWL or distance beyond MHW, NWL or Revised 03/95 RECEIVED s Manns Harbor E A F A MAP 4B MAY 2 9 1996 GROATAN SUUwu NORT1••� WLKN[AD LIHIL o� 1 IH[ CM ii.n 7Ti \ I �I OR FORMERLY h I ;OELLNER W ,u n 1 ml FENCE POST 10.11' SO11TN of LINE I I G.S t• I • I F[IKE POST 0,85' NORTH OF LING ).G7• 1 1 SEPTIC TANK RECEIVED MAY 2 9 1996 0 L_1 mL- - - G c NORTHEASTERN MARINE CONSTRUCTION CO., INC P.O. Box 42 --�f{tty Hawked£-2-7W- -- •� D��►L L\YCR 1'�D�•KA6i�o C Sy'i • 10' 6uv. -nc 1900 ® MTAA LUENDI 1. 6"x6" PILING 2. 4®x6" 'FOP WAILER 3.-44x6" BOTTOM WAILZR 4. DOUDLE LAYER 1"xA" 5. 5/8" 0 x 10' GALV. TIE F V 6. 68x6' ANCHOR PILE 8. FILTER CLOTH OF �EEEQS t O a,4' f• ILIN4 Ttl A"-46 WAILGR O4 &" I.Jona•i ' No— Billjones, President (919) 261-3682- RECE!VED MAY 2 9 1996 0 NORTHEASTERN MARINE CONSTRUCTION CO., INC. Uff P.O. Box 42 Kitty Hawk, NC 27949 BiUJones, President — ---- -- ...... - - - (919) 261-3682 RECEIVED MAY 2 9 1996 Z„x Co" acK106 2"t E" 101cr '�x 10' 64wa�r+LsD Kv Gos"3>facs AG mr.9 yJMER1-tAE (o'�it'NGS i'OnCetsTE Co' orbreallw- :II. III C. I ----------------- ------------------- ---------------,- 3. 64-264 100' R/W U���IVCU JUN 1 3 1991 30.OV 6 ' 21.56 1� 6? O N o�� N - lop nl D r a ! 99, o0, N lri y / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF August 21, 1996 Regulatory Branch Action ID No. 199604687 and State Permit No. 116-96 Richard J. Spicer Post Office Box 2020 Manteo, North Carolina 27954 Dear Mr. Spicer: Reference your application for a Department of the Army (DA) permit to construct a bulkhead and boatlift, on property located off the east side of U.S. Highway 64/264, adjacent the Croatan Sound, Manns Harbor, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker vision of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMIITAL/PROCESSING RECORD A) US C) APPLICANT: Richard J. Spicer COUNTY: Dare LOCATION OF PROJECT: East of US 64/264, South end of Ferry Dock Road, Manus Harbor, adjacent Croatan Sound. DATE APPLICATION RECEIVED COMPLETE BY FIELD: June 13, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: M. Edward Harrell DISTRICT MANAGER REVIEW: 61A- DATE APPLICATION RECEIVED�IV PUBLIC NOTICE REC'D: � ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: OFFICE: Elizabeth City i REC'D: $ 2 s-V Fia6G DATE: 7— /O 4e REC'D: ON: 6—a 0—alb 75 DAY DEADLINE: S� 7 -/6150 DAY DEADLINE: MAIL OUT DATE: (O " T 4 STATE DUE DATE: vI — 17 9 G FEDERAL DUE DATE: -I I 1 'Sp FED. COMMENTS REC'D:� PERMIT FINAL ACTION: ISSUE / DENY DRAFT ON 7 :3t'41 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance �... _ p Land Quality Section Div. of Env. Management State Property Office Ql ✓ Div. of Archives & History Div. of Env. Health , Div. of Highways Q /Q Wildlife Resources Commission [� / 7 Div. of Water Resources Div. of Marine Fisheries State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker 0!A FROM: Ed Harrell EDEHMF dui 9 � 1`996 kAtX a+qt cEAi�yr SUBJECT: Ricer CAMA Major Permit Application Recommendations DATE: July 2, 1996 I recommend that Richard Spicer's major permit application for 54 linear feet of bulkhead, a 5' x 100' pier, 8' x 12' platform and 10' x 12' boat lift be approved with the following conditions: Pier/Platform/Boatlift 1) The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. BULKHEAD 3) The bulkhead will not extend waterward more than 29 feet from the normal water level at any point along its alignment at the time of construction. 4) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper John Parker July 2, 1996 Page Two 5) The bulkhead must be constructed prior to any backfilling activities. 6) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 9) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. 10) No excavated or fill material will be placed at any time, in surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 11) The backfill material will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 12) NOTE: The N.C. Division of Environmental Management has assigned the project DEM Project No. 13) NOTE: The U.S. Army Corps of Engineers has assigned the project COE Action ID No. 199604687. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: John A. Thayer Jr. Al A' [DEHNFR SUBJECT: Major Permit Request By l rer for a Bulkhead, PierBoatlift in Dare County, East of US 64/264, South End of Ferry Dock Road, Manns Harbor DATE: June 26, 1996 The proposal is to construct a 54' long wooden bulkhead a maximum 29' waterward of NWL, a 5'x100' pier with 8'xl2' platform and a 10'x12' boatlift in Croation Sound. Anticipated direct impacts include filling of 1,150 square feet of shallow water habitat and 340 square feet of uplands within the Estuarine Shoreline, resulting from the bulkhead construction. Construction of the pier and platform will result also in the shading of 596 square feet of Public Trust Waters. Consistency Comments: The Dare County 1994 Land Use Plan certified by the 29, 1994 was reviewed and part of this determination. The following policies are to this request: a. Coastal Wetlands: Policy 2.1.2(a), page 52. 'Dare County advocates the use of existing State and Federal regulatory 1 adequate measures for protecting and preserving coastal wetland areas of concern.,, b. Estuarine Waters: Policy 2.1.2(b), page 53. cltl 144ft 199G 47 'Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources of the Estuarine waters. In addition, development.... shall be water dependent, related to...., or an accessory use to a structure located on the Estuarine shoreline. 1367 U.S. 17 South. Elhabeth City, North Carollrw 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Major Permit Request: Spicer for a Bulkhead, PierBoatlift in Dare County, East of US 64/264 c. Estuarine Shoreline: Policy 2.1.2(d-2), page 56. "Dare County supports the installation and maintenance of Estuarine bulkheads properly aligned and permitted by the U.S. Army Corps of Engineers and the Division of Coastal Management. Whenever possible, offshore....... as an alternative to bulkhead construction. Based on the above policies, so long as the proposal meets CAMA permit standards, the project can be determined to be consistent the Dare County Land Use Plan. Page 2 10 Lt•F-Ri r� P.01i07 vjCtt: of cNor; i Caro;Ina f:p�s��:ray<nt >r EmAronme :;, Hecth and R;5Cuml Nesoulicc,,s j mQe n, Hunt, Jr., Qnvurrror JOnothan B. HoYim SoDiotary Sevc!a L, i regimen, Dirtiator DIM M- 11 )MUM: TO: Jots- R. Parke:, Jr.; Kiss ,NNor pe_r `t= proc.AA lb y Coordinator iaiRCU UM: V. A.n:urp !netor l j-R�ih, �v •�8,n "I'. .12%1GW, ssiC1C��5�L Sup : 10 T'u I I A<crLh L �.cuiir4a Y3ivislo; cf 'r:±urge Pmlorieq epp 6 of ibis p%Sect as prd�utt . 17 wrcnoscrl a3;. ssr :i; of I`'c �I.=itJi afl w!u a mari;tum dist&no of 2A i�?,`!L i3 father w.wssito, bl,t Mtn e. rrl to tit !r'tW thg OY35',W,Q, bumoads on O"'ItI E1dc. ? 1113 wq! prtymt A 5UtY1? or Zr p e78a f -001 Od417r1;l1G, :e�'9}Sim.'•t�•C•'gS.L-'4'��d''im^_+�"'.:`i:-- "�� 7�et�-�av,,...s:.�..7_.r_fiF� ^ (, 5u= ?E5, hS rn ^a : , �$°q 47G5 Ye tp"=ri i9 ••7da•7G29 PAX 698.728.0204 h�?•,• ^.. - i.t ,vd .,tea".': :f kO�n 1:C+G�N'ri �i 0GF1•cC�p7Mp1 Op9�F MTr-L P 101 .. ,. Lf:; .... State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 22, 1996 Dare County DWQ Project # 960653 APPROVAL of 401 Water Quality Certification Mr. Richard Spicer P.O. Box 2020 Manteo, NC 27954 Dear W. Spicer. RECEIVED JUL 221996 COASTAL MANAGEMENT You have oar approval to place fill material in 1,490 square feet of wetlands or waters for the purpose of construct a bulkhead and pier at end of Ferry Dock Road, as you described in your application dated 18 June 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clears Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, re n How , Jr. P.E. ' Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Otiice Washington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM 960653.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycledlt0'/o post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR CAMA/DREDGE & FILL Permit Application Review RECEIVED JUL 19 1996 CWIAL MANAGEMENT APPLICANT: Richar4drAldw PROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manns Harbor Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and a boatlift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date % S P.O. Box 27687, N%* �FAX 919-733-1495 Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Afflrmattve Action Employer Voice 919-733-2293 � 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator Q�� IDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application 'lU 16,996 MANrAL AGEA61r APPLICANT: "I' 95 PROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manns Harbor, Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and a boatlift. Please indicate below your agency's position or viewpoint on the proposed and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. a� 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. SignedUdL r Coast ��10^ lkDate 7 —1I -R 4 P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 Nr Voice 919-733-2293 50% recycled/10% post -consumer paper Stafe o No Carolina Depa a of Environment, Healt an Natural Resources Divisi of oastal Management r -_ Jam s B. unt, Jr., Governor [D E H N R Jona B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Ms. Linda Sewall, Director Division of Environmental Health ! (� f � 1 FROM: John Parker, Jr. Major Permits Processing Coordinator Ji SUBJECT: CAMA/DREDGE & FILL Permit Application RepV nF F,NVIRO+�a,tr, rri a _Ty APPLICANT: Richard J. Spicer ROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manns Harbor, Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and boatlift. Please indicate below your agency's position or viewpoint on the proposed project and il. July 19, 1996. If you have any questions regarding the proposed project, please con 733-2293. When appropriate, in-depth comments with supporting data are requestedREPLY 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 L-6E cf Date '611L. ` 7//,- �9W W�� FAX 919-733-1495 P.O. Box 27687, '� C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 50� recycled/1096 post -consumer paper Voice 919-733-2293 f State 1 North Carolina 9 ,RECiVE9 Department of Environment, 18s(i r Health and Natural Resource ��,a;rnt w Division of Coastal Management M�►816E w James B. Hunt, Jr., Governor —_ Jonathan B. Howes, Secretary 9 5 '` p E H N FR Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: RNm444icer PROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manns Harbor, Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and a boatlift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. E 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 % P.O. Box 27687, 7�FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 R!7 r*!r7 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator EDEHNFZ CAMA/DREDGE & FILL Permit Application Review 'rPEC�EO UUL 111996 COWMANAGEMENT APPLICANT: 1117emra J. PROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manus Harbor, Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and a boatlift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. • This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agenc ob'e to project for reasons described in the attached comments. Signed Date 7 Z?Zc74- P.O. Box 27687, y�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%44 � CAn Equal Opportunity/Afflrmattve Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper ft` State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: June 13, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator [DEHNFR CAMA/DREDGE & FILL Permit Application Review Applicant: Richard J. Spicer RECEIVED JUN 261996 GOASK MANAGEMENT Project Location: East of US 64/264, South end of Ferry Dock Road, Manns Harbor in Dare County adjacent Croatan Sound. Proposed Project: To construct a 54, wooden bulkhead a maximum distance of 29, wateward of NWL, a 5' x 100' pier with an 8' x 12' platform and a 10' x 12' boat lift in Croatan Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 4, 1996. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. when appropriate, in-depth comments with supporting data is requested. REPLY jilil— T is agency has no objection to the project as proposed. his 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 tached euaents. G Signed to the project for reasons described in the Da 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Aff rmative Action Employer 50% recycled/ 10%post-consumer paper ML• . State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 13, 1996 IDEHNF2 TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Richard J. Spicer Project Location: East of US 64/264, South end of Ferry Dock Road, Manna Harbor in Dare County adjacent Croatan Sound. Proposed Project: To construct a 54' long wooden bulkhead a maximum distance of 29' waterward of NWL, a 5' x 100' pier with an 8' x 12' platform and a 10' x 12' boat lift in Croatan Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 4, 1996. If you have any questions regarding the proposed project, please contact Ed Harrell at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. l___LZThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agen bjects to att he cc e Signed the project for reaso/A describ9J ,in the Date ✓pNCPA z4) Q *N4"' f 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 91 ft An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 3, 1996 MEMORANDUM TO: P. A. "Ski" Wcjciechowski Division of Marine Fisheries A 10, •� • E)EH D JUL M! 76 DMF-PUB. TUSUBW FROM: John Parker 1v Major Permits Processing Coordinator o� ✓lit, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application Review Cc AfA f i APPLICANT: Richard J. Spicer 9 � PROJECT LOCATION: East of US64/264, south end of Ferry Dock Road, Dare Co. 5 PROPOSED PROJECT: To construct a wooden bulkhead, a pier w/platform and boatlift. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY t/ There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate �public trust conflicts, as discussed in the attached memo. Signed Date P.O. Box 27687, iCFAX N 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Afflrmaflve Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 28, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review M: APPLICANT: Richard J. Spicer PROJECT LOCATION: East of US64/264, south end of Ferry Dock Rd., Manns Harbor, Dare Co. PROPOSED PROJECT: To construct a wooden bulkhead, a pier with platform and a boatlift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 19, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. -14� 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 / y � REccM O 313 7 1a96 Wt6iFL MA%AGp,' flT P.O. Box 27687, Raleigh, North Carolina 27611-7687 W I _I 7AW 1, C FAX 919 733 1495 - 4 tunity/Affirmative Ac An Equal Opportunity/Affirmative \ Voice 919-733-2293 50`%, recycled/10% post -consumer paper Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 1,1996 -- . ._...Mr-.Edward_Wise 5513 Old Ferry Dock Road Manns Harbor, N.C. 27953 Dear Mr. Wise: . 'o� [DEHNIR Please reference your letter to the Division of Coastal Management dated May 18, 1996 concerning your objections to the proposal by Mr. Richard J. Spicer to construct a bulkhead and pier adjacent to your property in Manns Harbor. The Division appreciates your concerns about the disagreement over your mutual property line. However, it is the policy of the Division not to adjudicate property disputes. Furthermore, the proposal has been determined to comply with the Rules of the Coastal Resources Commission, and State and Federal review of the project was favorable. Subsequently, the Division has issued a CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your information. Please note that Mr. Spicer has been advised that if it is determined in the future that a portion of the proposed bulkhead does in fact encroach on your property, then Mr. Spicer may be required to remove, at his own expense, the offending portion of the bulkhead. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293. cc: Ed Harrell, DCM-Elizabeth City Mr. Richard J. Spicer Sincerely, Doug Huggett Assistant Major Permits Coordinator P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer 50% recycled/10% post -consumer paper Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 5,_ 1996 _ Mr. Richard J. Spicer P. O. Box 2020 Manteo, NC 27954 Dear Sir: Am EDF.=HNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Me" An Equal FAX Action Employer Voice 919-733-2293 50% recycled/l0% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Richard J. Spicer 2. LOCATION OF PROJECT SITE: East of US 64/264, South end of Ferry Dock Road, Manns Harbor in Dare County adjacent Croatan Sound Photo Index - 1995: 119-1849 0-18 1989: 156-1 R-3 1984: 150-529 F-4/5 State Plane Coordinates - X: 2956800 Y: 798700 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/07/96 Was Applicant Present - Represented 5. PROCESSING PROCEDURE: Application Received - June 13, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Shoreline protection, water access, residential (E) Wastewater Treatment: Existing - On -site septic system Planned - No additional (F) Type of Structures: Existing - Single family residence Planned - bulkhead, pier, platform, boat lift (G) Estimated Annual Rate of Erosion: 6' Source - Field Representative observations 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Shallow Water Habitat 1,150 square feet (C) Other Estuarine Shoreline 340 square feet SHADED Public Trust Waters I I I 596*square feet (D) • Total Area Disturbed: 2,086 square feet (.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Construct a 54' long wooden bulkhead a maximum distance of 29' waterward of NWL, a 5' x 100' pier with an 8' x 12' platform and a 10' x 12' boat lift in Croatan Sound. Richard J. Spicer Bio Report Page Two Site Description The applicant, Richard J. Spicer, owns a triangular .9 acre lot lying east of US 64/264 and south of its intersection with the southern end of Ferry Dock Road in the Village of Minns Harbor in Dare County. The lot fronts US 64/264 for 50 feet and Croatan Sound for approximately 55 feet. The 400' long lot is flat with an elevation of 4' - 6' above mean sea level. Within the landward 1/3 of the lot sits an uninhabited wood -frame residence surrounded by an established lawn and by oak and pecan trees approximately 2' in diameter. The waterward 2/3 of the lot remains uncleared with an overstory of loblolly pine (Pinus taeda) and sweet gum (Liquidambar styracii lua) and an understory of wax myrtle (Myrica cerifera), wild black cherry (Prunus serotina), honeysuckle, wild grape, and common greenbriar. Along the shoreline where the lot narrows to 55' in width, is a 3' tall concave erosion escarpment lying 2' - 8' landward of normal water level. Both landward and. waterward of the scarp are loblolly pines which are partially or completely undermined by erosion. In the vicinity of this project, the waters of Croatan Sound are classified as SA by the NC Division of Environmental Management. South of subject lot the shoreline has been stabilized with a 4' tall wooden bulkhead with a 24' long return lying along the common property line. The 200' of shoreline ling north of the applicant's lot has been stabilized with granite and concrete riprap and a low-lying 25' long rock groin lies along this common property line. Approximately 15' - 60' waterward of the riprapped shoreline there is an old 200' long wooden bulkhead constructed circa 1971 which has deteriorated down to the normal water level. Six dilapidated wooden groins spaced 40' apart lie just waterward of the deteriorated bulkhead. Proposed Development The applicant proposes to construct a 54' long wooden bulkhead connected to the existing wooden bulkhead on the south side and angled approximately 15' to the northeast of the existing bulkhead alignment. Also proposed is a 5' x 100' pier with an 8' x 12' platform and a 10' x 12' boatlift adjacent the south side of the platform. Existing water depths along the proposed bulkhead alignment are approximately 2'. Water depths at the location of the proposed platform and boatlift are approximately 4'. Existing piers within 2,000 linear feet of this site range in length from 40' - 120'. No submerged aquatic vegetation was noted during a 06/04/96 field check of the site. Anticipated Impacts Construction of the 54' long bulkhead will result in the filling of 1,150 square feet of shallow water habitat and 340 square feet of uplands within the Estuarine Shoreline. Construction of the 5' x 100' pier and 8' x 12' platform will result in the shading of 596 square feet of Public Trust Waters. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: M. Edward Harrell Date: June 13, 1996 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 23, 1996 Regulatory Branch Action ID No. 199604687 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Richard J. Spicer for a Department of the Army (DA) permit to construct a bulkhead and boatlift, on property located off the east side of U.S. Highway 64/264, adjacent the Croatan Sound, Manna Harbor, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will not be positioned farther waterward than 29 feet from the normal water level elevation contour at any point along its alignment. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4. No vegetated wetlands will be excavated or filled. 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 7. The authorized structure and associated activity will not cause an unacceptable interference with navigation. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, �&a Raleigh and, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY M ATTENTION OF June 24, 1996 Regulatory Branch Action ID No. 199604687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Richard J. Spicer for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and boatlift, on property located off the east side of U.S. Highway 64/264, adjacent the Croatan Sound, Manna Harbor, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by August 18, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): 7�1) r. John ParkerDivision of Coastal ManagementNorth Carolina Department of Environment,Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY M ATTEHf10N OF June 24, 1996 Regulatory Branch Action ID No. 199604687 Richard J. Spicer Post Office Box 2020 Manteo, North Carolina 27954 Dear Mr. Spicer: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received June 19, 1996, for Department of the Army authorization to construct a bulkhead and boatlift, on property located off the east side of U.S. Highway 64/264, adjacent the Croatan Sound, Manna Harbor, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199604687. It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure -2- Copies Furnished (without enclosure) Mr. John Parker Division of Coastal Management Division Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina' 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 R,ECt�u�O JUN 281996 COASTAL ,RNAGEs9EK DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO T ATTENTION OF Regulatory Branch Action ID. �31 L Q y L b Waterway spuyll Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Applicant^_ R I G�r1 (I County DUYG Type Work u Cyr Division of Coastal Management North Carolina Department of Environment, Health and Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Natural Resources Post Office Box 27687 Raleigh, NW North Carolina 2I7-611-7687 1' IY. Q'. I GY A . titter Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources 13(4 US 0 Sou% elak Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosedour co e ` and/or recommendations would be appreciated on or before b Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Enclosure 50' 11� Sincerely, �J/' 0 �VE9 1996 MACOWAL NAGEMENT Raleigh Bland Regulatory Project Manager RFMVEED Edward W. Wise P.O. Box 293 Manns Harbor, N.C. 27953 N.C. Division of Coastal Management May 18, 1996 To whom it may concern: MAY 2 1 1996 I am formally notifying you of my objection to the construction of a bulkhead and boatlift on the property recently purchased by Mr. Gaylord Perry and located adjacent to my own property in Manns Harbor. The surveys by Mr. Spicer,seller of the property to Mr. Perry, and myself do not agree on the location of our mutal property line, as per 1987 surveys. Until an agreement is reached I cannot give my consent to' a bulkhead that may encroach on my property. Sorry about the inconvience, but until the new survey on Mr. Perry's property is completed, I have no assurance that an encroach- ment is not pending. In talking to the surveyor it appears that the Spicer -Perry line is over six feet inside of my line. This formal objection is in response to the letter I received requesting that I file any objection with Mr. Jones as.well as with your office. My objection is not with the bulkhead per se, but rather a concern about my property. I may be reached at the above address or evenings at 473-5727 incerel , Edward W. Wise State of North Carolina Department of Environment, Health and Natural Resources A Division of Coastal Management FA James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director June 13, 1996 Mr. Richard J. Spicer P. O. Box 2020 Manes Harbor, NC 27954 Dear Mr. Spicer: JON 18'1996 w.,.i r1U M"ttAiuchlENi The Division of Coastal Management hereby Wbundidges receipt of your application for State approval for development of your property located east of 64/264, south end of Ferry Dock Road, Mann s Harbor in Dare County adjacent Croatan Sound. It was received on June 13, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decisio%k, August 27, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the -75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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 1367 U.S. 17 South, Elizabeth CNy, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper June 13, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. . Sincerely, w� a� L,) , uA dk- M. Edward Harrell 6p-, Field Representative I MWH/kh Enclosure cc: John Parker Richard L. Watts CAMA PERMIT APPLIED FOR PROJECT: TO CONSTRUCT A 54' LONG WOODEN BULKHEAD A MAXIMUM DISTANCE OF 29' WATERWARD OF NWL, A 5' x 100' PIER WITH AN 8' x 12' PLATFORM AND A 10' x 12' BOAT LIFT IN CROATAN SOUND. COMMENTS ACCEPTED THROUGH JULY 9, 1996 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: RICHARD J. SPICER NC DIVISION OF COASTAL MANAGEMENT P. 0. BOX 2020 MANNS HARBOR, NC 27953 Y 1367 US 17 SOUTH ELIZABETH CITY, NC 27909 NORTHEASTERN MARINE CONSTRUCTION CO., INC. Rt7. Box 42 Kitty Hawk, NC 27949 BiIlJones, President (919) 261-3682 29 May 1996 RECE�vrn JUN 1 3 1996 To Whom it may concern: This letter is to grant permission to Northeastern Marine Construction Co., Inc. to obtain a Major CAMApermit for Mr, Gaylord Perry. We Will be installing a bulkhead, pier and boat lift on his property located at 6036 Hwy 64 Manns Harbor, (DATE) Post-Ir Fax Note 7671 oe10�1(—C1� p9pa9� ro .� _ {X Y r EL From 1 c( k j r.11c coloept otEf;;f— co. tiE �I A-ii ii Phona N Phona W -1 r .. ( ` �,(�- & Fax M Fax'. (-- M,15 NORTHEASTERN MARINE CONSTRUCTION CO., INC. P.O. Box 42 Kitty Hawk, NC 27949 21 May 1996 Bill)ones, President (919) 261-3682 Edward Wise RECEIVED 5513 Old Ferry Dock Road Manns Harbor NC 27953 MAY 2 9 iq% Dear Property Owner, This letter is to notifyyou the adjacent property owner Mr. Gaylord Perry will be installing a bulkhead pier and boat gfl on his property. Enclosed you will find a copy of the application in which we are submitting for a Major C" permit. The dock will not encroach the minimum setback of 15 feet from your property line. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below, the statement and return to Northeastern Marine Construction Co., Inc. as soon as possible. If possible, please fax to (919) 261-2275. Should you have objections to this proposal, please sent you written comments to N.C. Division of Coastal Management,1367 us 17 South, Elizabeth City, N.C. 27909. Written comments must be received within 10 days of receipt of this notice . Failure to respond in either method within 10 dW will be interpreted as no objections. Sincerely, WILLIAM H. JONES _ I have no objections to the project as presently proposed and hereby waive the right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) (DATE) SENDER: v •Complete items 1 and/or 2 for additional services. I alsowish to receive the w •Complete items 3, 4a, and 4b, following services (for an 0 •Print yourriname and address on the reverse of this form so that we can return this extra fee): - - m Grd to PAttach this form to the front of the mailpiece, or on the back if space does not 1. ❑Addressee's Address ' •Wt. n'te'RerumReceipt Requested'onthe mailpiecebelow the article number. 2. ❑ Restricted Delivery OThe Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 0 - - _ - - 3. Article Addressed to: _ 4a. Article Number a P 259 760 103 j o. MANNS CUSTOM BOATMQY 21 9 199(y4b. Service Type 0 603 W. LANDING DR. ❑ Registered ❑ Certified w KILL DEVIL HILLS NO 27948 ❑ Express Mail ❑ Insured - CC Return Receipt for Merchandise ❑ COD a7. Date of Delive �a�-410 0 5. R ' (Print Name) 8. Addressee's Address (only it requested . - td ;q. /` f'i XE I' IU e' ZVc2 and lee is paid) k 1 - - g 6. (Addressee or Agent) F a A AAA a PS Form 3811, December 1994 Domestic Return Receipt SENDER: W •Complete items l and/or 2 for additional services. I also Wish to receive the - m •Complete items 3, 4a, and 4b. following services (for an 7. q •Print your name and address on the reverse of this form so Nat we can return this extra fee ) : a card to you. •Attach this form to the front of the mailpiece, or on the back if space does not , 1 • ❑ Addressee's Address permit. i - - _ - - - - •Wdte'Retum Receipt Reuested'on the mail iece below the snide number. 2.❑ Restricted Delivery c ' •The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. ' no 3. Article Addressed to: RECEIVED 4a. Article Number ; c a o'EDWARD WISE MAY 2 9 1oo4, 4b.ServiceType 1 - m 5513 OLD FERRY DOCK ROAD ❑ Certified c ❑ Registered t U LIWI MANNS HARBOR NO 27953 ❑Express Mal [I Insured ❑ Return Receipt for Merchandise ❑ COD and tee is paid) 0 6. Slgna dreSsee orAger r X N PS Form 3 1, December 1994 NORTHEASTERN MARINE CONSTRUCTION CO., INC. P.O. Box 42 Kitty Hawk, NC 27949 07 May 1996 Edward Wise 5513 Old Ferry Dock Road Manns Harbor NC 27953 Dear Property Owner, 0 Bill Jones, President (919) 261-3682 RECEIVED ue v 2 1 1996 This letter is to notify you the adjacent property owner Mr. Gaylord Perry will be installing a bulkhead, pier and boat lift on his property. The property being located at 6035 Hwy 64 Manns Harbor. Should you haven no objections to this proposal, please check the statement below, sign and date the blanks below, the statement and return to Northeastern Marine Construction Co., Inc. as soon as possible. If possible, please fax to (919) 261-2275. Should you have objections to this proposal, please sent you written comments to N.C. Division of Coastal Management,1367 us 17 South, Elizabeth City, N.C. 27909. Written comments must be received mdwn 10 days of receipt of this notice . Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, WILLIPtv1 H. JONES _ I have no objections to the project as presently proposed and herebywaive the right of objection as provided in General Statute 113-229. I have objections to Zth!rojfecttrent'� proposed and have enclosed comments. ARU1N LAP1DOVi,'P;ER SIGNATURE) ATE) • � r� sa's�3�[h'��. R'T•.r'rp�{vc•`t. .y�'0 � y:.`1.� � :. �\. ..,� +ia R[CEfVED .. �'�^__ J it ����L�§k6C�+•.t � 34ds.-':�w4.IP.aiYG`�:3^''.Sad�� � .1..'.....e..w,..:. J, i •. • , �IAY 2 9' 1996- EXHIBIT A BKIO O 4 PG O 14 11 All that certain tract of land lying and being in the ® Village of Manna Harbor, Croatan Township, Dare County, by U. S. Highway 64/264. North Carolina, bounded on the West bounded on thekNorth by property now or formerly belonging to Goellner, bounded on the East by Croatan Sound, and bounded on the South by property now or formerly belonging to Armstrong, and more particularly described as follows: BEGINNING at an existing concrete monument situated in and on the Eastern right of way margin of U. S.'Highway 64/264 (said Highway having a 100 foot right of way), said concrete monument being in and marking the Northwest corner of the property now or formerly belonging,to Armstrong and located North 170 22' 1811 West 200.05 feet Crom an existing concrete monument situated in the Eastern' right of way margin of U. S. Highway 64/264; thence running along the Eastern right of. way margin of U.S. Highway 64/264 North 170 22' 18" West 30.01 feet to an iron pin set; thence continuing along the Eastern margin of U. S. Highway 64/264 North 170 22' 18" West 21.56 feet to a P. K. nail set, said point located in a 12 foot Stone Road (formerly S. R. 1109 — right of way abandoned); thence turning and running along the 12 foot Stone Road North 360 47' 29" East 130.22 feet to an iron pin set, said iron pin being in the South line of the property now or formerly belonging to Goellner thence continuing along the Southern line of the Goellner property North 870 32' 2611 East 37,07 feet to a concrete monument set; thence continuing along the Goellner South line North 870 32' 26" 1pEast 94.00 feet to an existing iron pin; thence running along the Goellner South line North 870 32' 26" East 207.99 feet to a concrete monument set; thence running North 87" 32' 26" East 25 feet more or less to a point located along the water's edge of Croatan Sound; thence turning and running along the water's edge of the Croatan Sound following the various meenderings thereof in a Southerly direction to a point, said point being North 740 44' 28" East 18 feet more or led+s from an existing concrete monument located in the North Line of the property now orsformerly belonging to Armstrong; thence along the Armstrong North line South 740 44' 28" West 18 feet more or loss to an existing concrete monument; thence continuing #long the Armstrong North line South 740 44' 28" West 424.14 feet more or leas to an existing concrete monument, the pointlor place of BEGINNING, said property containing .94 acre$ more or less, according to a certain map or plat entitled Surveyed ' For Richard J. Spicer, Croatan Township, Manna Harbor, Dare County, North Carolina", prepared by Quible and As ociatee. r Inc., Consulting Engineers and Lend Surveyor , detect November 9. 1987, and recorded in Plat Cabinet C. Slide 49B, Dare County Registry. 1 AaNk f _ y, ..�• is + � RECE1�iFn o MAI29199 S O cp O O rr T The property hereinabove described was acquired by Grantor by instrument recorded in .... ...Dare County ...Registry ................................................................................................. A map showing the above described property is recorded in Plat)Elt" .Cabine.t..0............. TAPA. 51, de...N.9B TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that 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 of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Covenants, easements and right of way agreements and any other reservations applicable thereto of record in the Dare County Registry. 2. All zoning ordinances and other land use regulations applicable thereto. 3. This is a Deed in lieu of foreclosure of that certain Deed of Trust recorded in Book 662, Page 93, Dare County Public Registry. IN WITNESS WItEREOF, the Grantor has hereunto set his nano and seal, o If corporate, ha caused thls Instrument to be signed In its cory.^ of It Board of of ec.:x, the day and Year first above wri name by its duly authorized olflc<rs and Its seal le be nereun[o affixedWA above written. ��nn ______________________________________________________________ ,. ._. .____.___-__.(SEAL) (Corporate Name)Mchao an rr - Paula E. Eubank (fo:mterty D-.ula E. Moran) ____________________________President U ATTEST: ri (SEAL) ______________________________________________________ Corporate SeaM. ____________________________Secretary ( _(SEAL) .ATE OF VIRGINIA .. • vvYYI�[ YY��vv��ys[xv, ALBEMARLE ,� •':`' s EAL-STAyIP 1;yRy:,}.pilM(ia�R,tM'_____ _____ __________ ___________CountY• .•y..' •,• Notary Public or lfR County and slate aforesaid, certify that Paula.N.j-'pl)t$Slka__f.OLE1�L3.y:___ S Paula E. Moran r Free Trader > . ____________ Grantor, ----- � personally appeared before me this day and acknowledged the execution af_lhe:rMetoing Inatfumir�t�. }P�4desa'my v a � hand and official stamp or seal this _],9C}i_ Aar of ---..`1�1aD'IIAary___.�___(1_/l_•..c---.�_-�1Q-4�� - ...�::'r.C: -•, '""y's_____�__ T"^_„S_Jli�_" rY Public .•;..• .... ,. My commission expires:. 7131l98--------------- J^'t^'s h------ (1:•:...� .. CAROLINA, __ RKIKE------------------------County. fI a Notary Public of the County and Slate aforesaid, certify that ------------------------------------------ v MICHAEL A. MORAN ----------- unmarried Grantor. ------- --------------------------------------------------- personally appeared before me Nix day and acknowledged the execution of the foregoing Instrument.. Witness my hand and official stamp or seal. this .25tb day of --_----JU ----------------- -------- 1995— 5/18/2000 glyCommission expires--- ---------------------------- Public The foregoing Ceruf eale(s) of ._.,}ilQp)n 11�U._ L (ry2Q(i. _ic)3_t __ie9Al 'f9 )i'@__9.�__ , I^�^' -`••"� _____________ =�Q_%fil�'IiP3-�._�ccc__Gi,xok�tJ'`1 �o.it-- }9�tn(_LLa ?{iis ° I C---------------------------------- - -------------------------------------------------------------------- -is/are certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the first page hereof. (� � �/�J -------------------------------------- ----- 11•ef REGISTER OF DEEDS FOR ........... i/Sff------------------- COUNTY By ----------------------- ---------=aYt�-.-__! __-_--_-----_____-P-,Wy/Assistant-Reglcter of Deeds N. C. Bar Assoc. Form No. )'Q� 1976. Revised b 1977 c z,oss 1, ...,.,•wm.m•n,n,M n C e., am, -INI mtihL.. .....weep.:6wuc.:....u�•.`u��c....-.�.-..i:+,..u.;�.:.:.-._ _... .�..... .__.. MAY 2 9 1996 • oa004 �0139 11tJ DARE COUNTY e8-1e-9s FILED ' EXEMPT see $109. 00 '95 AU018 PM 4 53 DARE COMWTY TAX ; COLLECTOR t STATE Of ORTH ,r. Real Estate [•f.:: i.i `I^IrDEr N0. 3 4s o5-9f ? 1 N ROUNA , ,1 Gp� 1 Excise Tax EDS Dnrec��,.r.v.c. • v— ' LAND TRANSFER TAX: EXEMPT Excise Tax ( Recording Time, Book and Page Tax Lot No........ __._-.._... ._........ _. .._.._..._._. ... .... Parcel Identifier No. _. ....... _. Verified by ...._..... ... _....... .... ..._.... _... ___. ..... County on the _... day of ._ _.._ ........__......_......_., 19 .. _. .... by... ........ ._............... __..__... .._._..,. _.... _. _. _... ......_.... _.. .........._......... .... ................_... r- L Mail after recording to ..-William V. Power, Attorney. at Law ... Post Office Box 1042, Kitty Hawk, NC 27949 .............................................................................................................. This instrument was prepared by .William, V., Power,_ Attorney at. Law._ Brief description for the Index Old Ferry Dock Road, Parcel in Mann Harbor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .15th ... day of December GRANTOR unmarried MICHAEL A. MORANIand PAULA E. EUBANK , Free Trader 19 94 , by and. between GRANTEE RICHARD J. SP'RER 7918 Ashton Street Alexandria, VA 22309 Enter In appropriate block for each party: nampaaddress, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Croatan Township, Dare County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. N. C Na Aswr. Fnnn No. ,r s: 1976. Re,.s d i 1977 - ,..,., w.....,.,s co.,M e=. ar. •<..�.nu. N e r+ms r.....a o. e....,, ..,. .. N Co., .— - .se,