HomeMy WebLinkAbout22-96 Smith, JackPermit Class NEW
7
Issued to
Permit Number
22-96
OF%NQ,RTH CAROLINA
uonmen,t(�4ledltha^&, Natural Resources
t,*sources,CommtsSton-
_ . ,w
b0
val Conce Nl
y 11
to XCOS 113-229
authorizing development in Brunswick Coun y i a", Lot 17, east end Frigate Dr., Holden
Beach as requested in the permittee's application dated 10/4l95 including attached
wnrkpinn drawings, 1 dated 6174/95 and 1 dated receivers 10/4195
This permit, issued on FEBRUARY 15, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms.may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
PIER CONSTRUCTION --
1. - The proposed pier shall have a minimum .,clearance. of 48 inches above
the substrate when crossing over coastal wetlands.
2. The proposed pier shall not exceed a width of six feet when crossing over coastal
wetlands.
3. No marsh grass may be excavated and/or filled.
(See attached sheet for Additional Conditions)
This pgrmit_action may be appealed by the pemrittee 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 pennit, 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.
Rog . Schecter, Director
ionSchecter, Director
Divisof Coastal Management
This permit and its conditions are he accepted.
n
Signature of Pertnittee
-96
Jack K. Smith V -- ' - ` - — - Permit #
"--Page 2 off 3 3
A
CONDITIONS
4. The pier and associated struc r� all a 'mum setback distance of 15 feet
between any parts of the stru re ad ce property lines as extended
perpendicular to the channel into th a at is where they intersect the
shoreline. -
NOTE: Permanent reflectors should be attached t - structure m of er fo m _ it more visible during hours of darkness or inclement weather. - --
GENERAL
5. The permittee's scheme of development, -of which the authorized work is -a part,
contemplates the presence of structures and their attendant utilities on lands subject to an .
easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intercoastal Waterway (AIWW). Accordingly, the permittee
will be required to remove such structures and improvements at his own expense in .the
event that, in the judgement of the U.S. Army Corps of Engineers acting on behalf of
the United States, the lands are needed at any time for any purpose within the scope of
the easement. Permanent buildings shall not be constructed within the easement.
6. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to
the authorized structure which may be caused from existing or future operations
undertaken by the United States in the public interest.
7. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats.
The permittee will not hold the United States liable for any such damage.
8. 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.
9. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
party.
Permit Class -
NEW
STATE OFNOI�TH`GAROLINA =
Department of Env ri onment� Ealth Natural Resources ;
v �Y� N:0-
.CdastalYesources,Commrssi9n
% MM:i"N a 3 is _ > `>
ajor Development m an A`rea_of Environmental Concern
pursuant to NCGS 113A118 "' „
QUA .riOE
Excavation and/or filling pursuant to NCGS 113-229
Issued to
authorizing development in
Brunswick
PermitNumber
... _. 2.2-%
County at '---'AIW W, lot 17, east end Frigate Dr., Holden _ t
Beach as requested in the permittee's application dated 10/4/95 including attached
This permit, issued on FEBRUARY 15, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
PIER CONSTRUCTION
1. The proposed pier shall have a minimum clearance of 48 inches above
the substrate when crossing over coastal wetlands.
2. The proposed pier shall not exceed a width of six feet when crossing over coastal
wetlands.
3. No marsh grass may be excavated and/or filled.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the 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.
Rog N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Jack K. Smith Permit # 22-96
__Page 2 of 3
ADDITIONAL CONDITIONS
4. The pier and associated structures shall have a minimum setback distance of 15 feet
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.
NOTE: Permanent retlectors snouto be attacnea to me structure m oruer to make
it more visible during hours of darkness or inclement weather.
GENERAL
. r
5. The permittee's scheme of development, of which the authorized work is _a part,
contemplates the presence of structures and their attendant utilities on lands subject to an
easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intercoastal Waterway (AIW ). Accordingly, the peimittee
will be required to remove such structures and improvements at his own expense in the
event that, in the judgement of the U.S. Army Corps of Engineers acting on behalf of
the United States, the lands are needed at any time for any purpose within the scope of
the easement. Permanent buildings shall not be constructed within the easement.
6. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to
the authorized structure which may be caused from existing or future operations
undertaken by the United States in the public interest.
7. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats.
The permittee will not hold the United States liable for any such damage.
8. 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.
9. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
ply
orm DCM-MP-1
APPLICATION DEC 11,995
(To be completed by all applicants)
DrviSiON OF
COASTAL MANAGEMENT
b. City, town, community or landmark
Holden Beach, NC
1. APPLICANT
c. Street address or secondary road number
a. Landowner: _126 Frigate Street
Name Jack K. Smith
Address 8805 Royalwood Court
City Raleigh State NC
Zip 27613
Fax
b. Authorized Agent:
Name
Address
City
Zip
Fax
Day Phone 919-848-6962
Day Phone
c. Project name (if any)
State
NOTE. Permit will be issued in name of lmidowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) A.I.W.W.
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.
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. Private water access
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 12, 9o4 Sq. Ft.
Lot 16: 4691 Sq. Ft.
b. Size of individual lot(s) Lot 17: 7943 Sq. Ft.
c. Approximate elevation of tract above MHW or
NWL 6 Feet
d. Soil type(s) and texture(s) of tract
Sandy
e. Vegetation on tract Grass
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local lane use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R1
Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes —No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(Attach documentation, tf available)
i
in. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface
runoff
o. Describe existing drinking water supply source.
Public water
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
DndenA All"
Form DCM-M7-1
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 William D. Williamson
Address 1113 ocean View Blvd. West, Holden Beach, NC
Phone 910-842-5779 28462
Name Tracy R. Brawley c/o R.T. Linger
Address 832 Chapel Road, Charleston, WV 25304
Phone
Name Michael & Boilini A. Levey
Address 817 West Bell Plaine, Chicago, IL 60613
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 or 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.
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 4v day ofl--6Q—: Kn 8 /.C19 515
Print Name `.J4a k A—. cS/W/7r/4
Signature " / A.--u�
owner or Authorise 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-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X Private
(2) Number 1
(3) Length 1034 Feet
(4) Width Pier: 4' Dock: 81x161
(5) Finger Piers _Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes x No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body 500 Feet
(10) Water depth at waterward end of pier at
MLW or NWL 2.0 Feet
b. Boathouse (including covered lifts)
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.)
(1)
Number
(2)
Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1)
Length
(2)
Average distance from MHW, NWL or
wetlands
(3)
Maximum distance beyond MHW, NWL or
wetlands
DIVISION OF
COASTAL MANAGEMENT
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
"Jork k.
lure
Date
Revised 03/95
PIER X-SECTION
L NOT TO SCALE
r 4, _ 0"
2" X 6" CAP
2" X 4" 4 X 4"
RAILING POST
2" X 6" DECKING
2" X 6"
HEADER
6" X 6"
PILING " X 4"
OCT 041995
DIVISION OF
PIER ELEVATIONCOASTAL MANAGEMENT
NOT TO SCALE
8' -0"
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 13, 1996
Regulatory Branch
Action ID No. 199602724 and State Permit No. 22-96
1
Mr. Jack K. Smith QQ�oQV
8805 Royalwood Court
Raleigh, North Carolina 27613
Dear Mr. Smith: R L_
Reference your application for a Department of the Army permit to
construct a 1,034 foot long pier with a 16 foot by 8 foot T-head, on the
Atlantic Intracoastal waterway, at 126 Frigate Drive, in the Davenport
Subdivision, in Holden Beach, Brunswick 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. Jeff Richter, Wilmington
Field office, Regulatory Branch, telephone (910) 251-4636.
Enclosure
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Pmad m 9 Rwyr Pert
. 1 .y
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
__ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
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
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516 _
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 15, 1996
Mr. Jack K. Smith
8805=40Yal3y094Court ____
Raleigh, NC 27613
Dear Sir:
® FEE HNF1
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, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Jack K. Smith COUNTY: Brunswick
US
C)
LOCATION OF PROJECT: Lot 17 at the end of Frigate Dr. West, Holden Bch
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/11/95
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N
FIELD REPRESENTATIVE: E. F. Brooks \aDISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ 7
PUBLIC NOTICE REC'D:
ADJ. RIP. PROP NOTICES REC'D: /
END OF NOTICE DATE:
DEED REC'D:
APPLICATION ASSIGNED TO:, , ; ON:
75 DAY DEADLINE:150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE: —
4411✓
FEDERAL DUE DATE: FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE __,S.ZDENY DRAFT ON 7
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
/^/6-q'
Div. of Community Assistance
(Z-Z/-ys'
Land Quality Section
S
I -Z
Div. of Env. Management
State Property Office
Div, of Archives & History
Div. of Env. Health
)lv. of Highways
Wildlife Resources Commission
I _ /,- q(
Div. of Water Resources
_ Z el -IAL
i
✓�
Div. of Marine Fisheries
I i -11
Recommendations for State Permit -Jack K. Smith 1/11/96
CteW
A private pier, 1034 linear feet long, is a significant structure through public trust area. However,
except for the length of the proposed pier, the structure is well within CAMA General Permit conditions
for piers and docks. The structure appears to be within the riparian rights of the applicant, and similar
to previous projects permitted by the Division. Provided other issues are not identified during the permit
review, I recommend that standard permit conditions for piers be incorporated into permit authorization
for the project.
c
REC wEO
JAN 16 1996
CDAS FAL
pi"EMENT
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
1
E) FEE HNR
December 14, 1995
Zoe D. Bruner, District Planner
Division of Coastal Management
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Lot 17, at the end of Frigate Dr. West, Holden Beach, adj to the AIWW in
Brunswick County, NC
Proposed Project: The construction of a private pier for water access to the AIWW. Pier length
would be 1034 feet and include a 16' X 8' T-head platform at the waterward end
of the structure.
Please indicate below your office's position or viewpoint on the proposed project and return this form
by January 9, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: �✓ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGN%rd'
DATE
127 al Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
E:)FEE HNR
MEMORANDUM
TO: John R. Parker
Major Permits Processing Coordinator
FROM: Z,o€ D. Bruner, DCM District Planner
SUBJECT: CAMA/DR>33)GE & FILL Permit Application Review
JK Smith, Lot 17, Holden Beach
DATE: December 28, 1995
This permit consistency opinion is based on my review of the Jack K. Smith permit application,
the Field Invesdgation Repon (EF Brooks, 12/14/95), and my understanding and interpretation
of the policies presented in the Town of Holden Beach 1990 Land Use Plan.
The applicant proposes a private pier for water access to the AIW W. Pier length would be 1034
feet, and include a 16 ft. x 8 ft. t-head platform at the waterward end of the structure. The
location and complete description of the project are in the Field Investigation Report.
LAND USE CLASSIFICATION:
Conservation; Limited Transition/low density
loffix*"l (O Y(f}ill
The intent of the Conservation class is to perpetuate the natural, productive, scenic, cultural and
recreational features of the coastal zone (p.7-4). Piers and docks are a suitable use. All projects
must comply with 15A NCAC 7H.
RELATED POLICIES AND IMPLEMENTATION MEASURES:
Policies in the Land Use Plan support the enforcement of State and Federal for water dependent
projects within the coastal zone.
CONSISTENCY OPINION:
This project is cent with the Town of Holden Beach Land Use Plan provided all conditions
placed on the permit by review agencies are met.
cc: CR Stroud, Jr.
EF Brooks
sW
State of North Carolina
' Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor December 20, 1995
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
F .!WA
�EHNR
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
^' REc IVEO
Wildlife Resources Commission c0' ' 16 1996
Attn: Habitat Conservation Program MANAG 1E(r
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Jagl1!
PROJECT LOCATION: Lot 17, end of Frigate Dr., west Holden Beach Brunswick Co.
ROPOSED PROJECT: To construct a private pier for water access to the AIWW.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by January 10, 1995. 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
ttached comments. q
Signed Date
May 21, 1993
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer W%recycled/ 10% post -consumer paper
K� North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing
FROM: Bennett Wynne !J
Habitat Conservation Program
DATE: Bieber 1#, 1�9� /-'Y -74
SUBJECT: CAMA/Dredge and Fill Permit Application for dNWX
jwwjjjl�th, Lot 17, end of Frigate Dr., west Holden
each, Brunswick County, North Carolina.
The Wildlife Resources Commission has reviewed the
project for impacts to wildlife and fishery resources. Our
comments are provided in accordance with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et. seq.) and the Coastal Area
Management Act (G.S. 113A-100 through 113A-128).
The applicant proposes to construct a private pier for
water access to the AIWW. Based on the project description,
the applicant owns a significant portion of Davenport
Subdivision, the location of the proposed pier. The pier
would be 1,026 ft. long by 4 ft. wide and terminate in a T-
head 85 ft. landward of the edge of the AIWW channel. The
project's length in relation to the existing pier head line
is not shown on the workplat. The pier would cross about
872 ft. of coastal wetlands. Area waters are classified SA
and open to shellfishing.
As proposed, the pier would shade approximately 3,400
sq. ft. of coastal wetlands. Shallow water depth at the
pier's terminus (-2 ft. MLW) could result in a dredging
request with attendant turbidity impacts to shellfish
resources. If the pier's length exceeds that of the
existing pier head line, navigational safety for small
vessels may be compromised. Based on these concerns, we
recommend the following conditions to permit issuance:
1. The proposed pier be used as a community facility ('V^I'o r�w�
serving the entire subdivision. This will reduce T-A
cumulative adverse environmental impacts associated
with multiple piers.
2. Elevate the pier a minimum of 4 ft. off the marsh
floor to allow sunlight penetration to marsh vegetation
under the decking.
3. Allow no dredging to protect shellfish resources
from elevated turbidity. unsn. P.`3 " .ter h.d r h" "'�
4. Pier length should not exceed the existing pier head
line to minimize hazards to navigation.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at (919) 522-9736.
cc: William Wescott, Coastal HabCon Coordinator
s:\boatfish\habcon\coast\d2 (smith.doc)
19 '96 L0:-1r,H11
State of North Carolina
Department of Environment,
Health and Natural Resources
r Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
yi J� Roger N. Schecter, pirector
December 20, 1995
MUNIORANDLM
TO: Ms. Linda Sewall
Director
Division of Environmental Health
A _7*aA
ED " N
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUNJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: '41 Jack K. Smith
PROJECT LOCATION: Lot 17, end of Frigate Dr., Hest Holden Beach, Brunswick (7
PROPOSED PROJECT: To construct a private p:, :`for water access to the AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 20, 1996, If you have any questions regarding the proposed prej,:ct,
please contact John Parker at 733-2293. When appropriate. in-depth comments with supporting
data are requested.
REPLY ✓_,Z__ 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
n
changes are incorporated. �:. �aehc�t. f�tterii
Thic agency objects w ;he project for rea_.. :., described in 01%
/attached continents.
ti `1�1L
Signed//' Date
P box 2768!. Rr.e, h. N ,ith Carolina 27611-76--7 n5 ,19-7a3-2 93 FAX 919-733-1495
A,Fnr"cl C:r..„^:v"GISrv>. ..-✓ G: m.rc - r-1. L^.K rnd-.-,a:mn,n ,
i
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
December 20, 1995
MEMORANDUM
TO: P. A. "Ski," Wojciechowski
Division of Marine Fisheries
Q��
E:)EHNR
FROM: John Parker
Major Permits Processing Coordinator
RECf1VE9
SUBJECT: CAMA/Dredge and Fill Permit Application Review co
BAN 16 1996
APPLICANT: Jack K. Smith nn
MANAGEMWASIENT
PROJECT LOCATION: Lot 17 at end of Frigate Dr., w. Holden Beach,
is
I' o
PROPOSED PROJECT: To construct a private pier for water acces to the AIWW.
Please indicate below your agency's position or findings on the proposed project as it relates
to matters of public trust. If you have any questions regarding the proposed project, contact
John Parker at 733-2293 or the DCM field representative for the project. This form should be
used -only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
t is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
7 7 //°% a/i Arza,,%d✓ •'�ec-4,�Xc %°
/F as /L/tyor
Signed /ram ��/� �(� Date
ch"ms 1",ls be/•- m Nw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496
An Equal Opportunity Affirmative Action Employer 50%recycled/ 1 o%post-conwmer paper
-State of North Carolina
Department of Environment,
'Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
10511 N C177: ►I�Ilil�il
C) FEE HNF 1
December 14, 1995
TO: Mr. Bruce Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant:
Project Location: Lot 17, at the end of Frigate Dr. West, Holden Beach,
Brunswick County, NC
%y, `t► -`Ifi
iTtCEIVEO
J41y 15 J 1996
�1�ppL'i,n,, IAL
ttteAJ
Proposed Project: The construction of a private pier for water access to the AIWV-�' ' `ngth
would be 1034 feet and include a 16' X 8' T-head platform at the waterward end
of the structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 9, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. 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 NSkk DATE la— Zq
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
C)FEE
HNR
December 14, 1995
TO: Mr. William A. McNeil, Director
Division of Community Assistance
RCO �g95
FROM: John R. Parker
Major Permits
Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Revi
Applicant:h
Project Location: Lot 17, at the end of Frigate Dr. West, Holden Beach, adj to the AIWW in
Brunswick County, NC
Proposed Project: The construction of a private pier for water access to the AIWW. Pier length
would be 1034 feet and include a 16' X 8' T-head platform at the waterward end
of the structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 9, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: �y has no objection to the project as proposed.
s agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
i
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
.W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 20, 1995
MEMORANDUM
TO: Mn John Sutherland, Chief
Water Planning Section
Division of Water Resources
PIMA
'T'A
A&4
[DEHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
,ll
DE729 1'995
DIVISION OF WATER RESOURCES
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT:
PROJECT LOCATION: Lot 17, end of Frigate Dr., west Holden Beach, Brunswick Co..
PROPOSED PROJECT: To construct a private pier for water access to the AIWW
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 10, 1995. 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.
I "ti 1.1
..--e
Signed`
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.
Date L/ f 1
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone919-733-2293 FAX 919-733-1495
60%recycled/ I o% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 20, 1995
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
C)FEE HNIt'
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Jack K. Smith
PROJECT LOCATION: Lot 17, end ofFrigate Dr., west Holden Beach, Brunswick Co.
PROPOSED PROJECT: To construct a private pier for water access to the AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 10, 1995. 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.
VThis 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.
I
Signed L J Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60`%, recycled/ 1 o% post -consumer paper
atate or ryortn Varonna
--6epartment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
4
1�
E)EHNF=1
December 14, 1995
TO: Mr. Charles Gardner, Director (DDEc
Division of Land Resources ,
IVEO
FROM: John R. Parker 7.,995
cc Major Permits Processing Coordinator EMENT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
ICJ/
ticant: Jack K. Sutjii►
Project Location: Lot 17, at the end of Frigate Dr. West, Holden Beach, adj to the AIWW in
Brunswick County, NC
Proposed Project: The construction of a private pier for water access to the AIWW. Pier length
would be 1034 feet and include a 16' X 8' T-head platform at the waterward end
of the structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 9, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ` DATE &--- Z2 /q<% S
127 Cardinal Drive Ex�ea io dmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 20, 1995
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway. Administrator
Division of Highways
[DFEE HNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
REC VEO
JAN , 2 1996
(;Ut ,AL
MANAGEMENT
SUBJECT: CAMAIDREDGE & FILL Permit Application Review
APPLICANT: Jtnith
PROJECT LOCATION: Lot 17, end of Frigate Dr., west Holden Beach, Brunswick Co.
PROPOSED PROJECT: To construct a private pier for water access to the AIWW.
property owners.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 10, 1995. 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.
4111111111� -
REPLY This agency has no objection to the project as proposed.
Signed
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
agency objects to the project for reasons described in the
Date 9 S
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal opportunity Affirmative Action Employer 60%recycled/ I o% post -consumer paper
Late 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
December 20, 1995
ITI I ;_. ►!r UTI
T A
Ag
[DFEE HNR
22
TO- Mr. Joe Henderson, Acting Dir "r
State Property Office N'
Department of Administration w
FROM: John Parker, Jr. !�`a .
Major Permits Processing Coordinator Z E tr J „ o s7
SUBJECT: CAMAIDREDGE & FILL Permit Application Review
APPLICANT:
PROJECT LOCATION: Lot 17, end of Frigate Dr., west Holden Beach, Brunswick Co.
PROPOSED PROJECT: To construct a private pier for water access to the AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 10, 1995. 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.
Sign w I Date ) — S — q
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 1 a%post-consumer paper
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
ent, kINCKW4 GIs I�M
sources ,
d Office ,�
Management
BEV 15 .9 �A
IDFE
.................0.........
December 14, 1995
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Lot 17, at the end of Frigate Dr. West, Holden Beach, adj to the AIWW in
Brunswick County, NC
Proposed Project: The construction of a private pier for water access to the AIWW. Pier length
would be 1034 feet and include a 16' X 8' T-head platform at the waterward end
of the structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 9, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: ' V iI I as gency 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.
SIGu DATE 14i
A n I 127 Ordinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTKA OF February 21, 1996
Regulatory Branchco
Action ID No. 199602724 9
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 J*%kA%—Nmith for a Department of the Army
permit to construct a 1,034 foot long pier with a 16 foot by 8 foot T-head on
the Atlantic Intracoastal Waterway, 126 Frigate Street, Davenport
Subdivision, Holden Beach, Brunswick County, North Carolina.
The Federal agencies have completed review of the,proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The permittee's scheme of development, of which the authorized work
is a part, contemplates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the United States for
the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove ouch structures and improvements at his own expense in the event that,
in the judgment of the U.S. Army Corps of Engineers acting on behalf of the
United States, the lands are needed at any time for any purpose within the
scope of the easement. Permanent buildings will not be constructed within the
easement.
C. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
d. 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.
e. If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
Pnnled on 0 Recycled Paper
. -m
f. It is possible that the authorized structure may be damaged by
wavewash from passing vessels. The issuance of this permit does not relieve
the permittee from taking all proper steps to ensure the integrity of the
permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
g. The permittee will maintain the authorized work in good condition
and in conformance with the terms and conditions of this permit. The
permittee is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
4?.ZiC�� -�
G. Wayne Wright
Chief, Regulatory Branch
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
Ms. L. R. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
REPLY TO
ATTENn10N of
Regulatory Branch
Action ID No. 199602724
Mr. Jack K. Smith
8805 Royalwood Court
Raleigh, North Carolina
Dear Mr. Smith:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
27613
January 19, 1996
JAN-2�EMENt
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.
50'
A review of your application received January 5, 1996, for Department of
the Army authorization to construct a 1,034 foot long pier with a 16 foot by
8 foot T-head, in the Atlantic Intracoastal Waterway, at 126 Frigate Drive, in
the Davenport Subdivision, in Holden Beach, Brunswick 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
has been assigned Action ID No.
Richter in our Wilmington Field
telephone (910) 251-4636.
Enclosure
to Section 10 of the River and Harbor Act,
199602724. It will be coordinated by Mr. Jeff
office. Mr. Jeff Richter is available at
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Pdrftd as is RagrJaE Paper
copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
DEPARTMENT OF THE ARMY
WILl11NGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1SW
WILMINGTON. NORTH CAROLINA 28402.1890
-Jan 5 lg9
Regulatory Branch
Action ID. IGq(O �1?ksj Applicant Jc'G ' 1�• Sm V,
AWaterway \ w Lj CountType Work —I CU'
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, ;forth
Fisheries
Carolina 28516
Ms. L. K. (Mike) Gantt
Fish and [Jildlife Enhancement
U.S. Fish and Wildlife Service
Fost Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Seccian-Region IV
Weclands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Cenclemen:
Division o Coastal Management
North Carolina Department of
Environmenc, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r1c• /�aob -3+-Owg
W��mMQ�Ol1 Regional Office
Division of Coastal Management
North Carolina Department of
Environment, Health and
ZiResources
1i a�c�n%tnwl IZ. rIVL
3.8 y05 - 384S
Pursuanc to Action ID .4o. 198000291. the CAi1A-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be aprreciaced on or before FZ10- 5 :: Act (.p
Questions or comments lay be addressed to
Regulatory Branch, W : `m In00n Field Office, telephone a10) 151- 46319.
Sincerely,
a .e :+ri3h rRECEIVEO
Chi Regular �� 3ranchEnclosure +; CIO -
Department of Environment,
Health and Natural Resources +
Wilmington Regional Office
Division of Coastal Management
�iEL
James B. Hunt, Jr., Governor p E H N F?L
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 14, 1995
Jaith
8805 Royalwood Court
Raleigh, NC 27613
Dear Mr. Smith:
The Division of Coastal Management hereby Wknowledges receipt of your application for State
approval for development of your property located at 126 Frigate St., Holden Beach, in Brunswick
County, North Carolina. It was received on December 11, 1995, and appears to be adequate for
processing at this time. The projected deadline for making a decision is February 24, 1996. An
additional 75-day review period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated above, you should consider
the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Field Representative III
Enclosure
cc: John Parker
Bob Stroud
Kate White, LPO
David Franklin, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
Z 029 551 619
Receipt for
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%�*'•`"""' icae Reverse) 95✓_ 4 2
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State of North Carolina
Department of Environment,
Health and Natural Resources Aj Wilmington Regional OfficeDivision of Coastal Management
James B. Hunt, Jr., Governor p E H N F10
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 13, 1995
Jack K. Stlliith
8805 Royalwood Court
Raleigh, NC 27613
Dear Mr. Smith:
The Division of Coastal Management hereby acknowledges receipt of your application for State
permits to develop your property on 126 Frigate St., in Holden Beach, Brunswick County, NC. We
have been coordinating our initial permit review with the Army Corps of Engineers and have found that
your application lacks information necessary to consider it complete under Coastal Management
regulations. In order to have a complete application necessary for us to begin processing, you should
submit the following items:
(1) The following information must be included on the survey (25 copies):
(A) MHW delineation
(B) Your riparian access corridor should be shown as a 90 degree angle from the
AIWW channel to the MHW contour as it intersects your highgmund property
comers. The State does not recognize private ownership of State waters unless you
have a valid submerged lands claim. If so, please provide a copy.
(2) You deed for lot 17 denotes an easement for commercial fishing rights. Please submit a
copy.
(3) Signed returned receipts (green cards) from the riparian property owners must be
submitted to complete your application.
Once we have received this additional information, you will be notified of acceptance of your
application as complete or if further clarification of your request is required.
ly,
E.F. roo
Coastal Field Representative III
cc: Bob Stroud
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
DIVISION OF
COASTAL MANAGEMENT
Z 330 431 294
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(See Reverse) gS'14?--
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Z 330 431 293
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OCT 041995 Da a"°°°
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DIVISION OF rm
COASTAL MANAGEMENT
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OCT 0 4 1995
DIVISIUN OF
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a SENDER:
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• Print your name and address on the reverse of this form so that we can
return this card to you.
p • Attach this form to the front of the mailpiece, or on the back if space
does not permit. ---
t • Write"Return Receipt Requested" on the mailpiece below the article number.
• The Return Receipt will show to whom the article was delivered and the date
delivered.
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w r b Form So1 I , December 1991 *U.S. GPO: 1993-352-714 DOMES 1IG Hh I UHN HEGLI I
UNITED STATES POSTAL SERVICE
Official Business
7CRALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
Print your name, address and ZIP Code here
Brunswick Surveying, Inc.
1027 Sabbath Home Rd., SW
Supply, NC 28462
(9i9) 642.9392
o SENDER:
y Complete items 1 and/or 2 for additional services.
I also Wish t0 receive the
m • Complete items 3, and 4a & b.
following services (for an extra O
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1. ❑ Addressee's Address fA
does not permit.
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2 ❑ Restricted Delivery
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PS Form 37f1,`December 1991 0U.S. GPCX twa--sszau DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Official Business
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, M
Print your name, address and ZIP Code here
Brunswick Surveying, Inc.
1027 Sabbath Home Rd., SW
Supply, NC 28462
(919) III-p182 .
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MEMO
DATE:
TO: 1 )9ug �ITSTJO" LrkG SUBJECT:
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JAN 22 I996
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PS F0:•n ecamOr: 'o?t < G10+99�152714 DOMESTIC RETURN RECEIPT
jock 5,
UNITED STATES POSTAL SERVICE I II II I
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
Print your name, address and ZIP Code here
Brunswick Surveying, Inc.
1027 Sabbath Home Rd., SW
Supply, NC 28462
(919) 849=9aga
m SENDER:
v 1 also wish to receive the
m • Complete items 1 and/or 2 for additional services.
o • Complete items 3, and 4a a b. following services (for an extra
• Print your name and address on the reverse of this form so that we can fee):
m return this card to you.
O • Attach this form to the front of the mailpiece, or on the back it space 1. ❑ Addressee's Address
4) does not permit.
• Write"Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt will show to whom the article was delivered and the date
e delivered. Consult postmaster for fee.
a 3. Article Addressed to: 4a. Article Number
a WILLIAM D. l,U11.1-IANISON Z-o29 551- (o17
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> PS Form 3811. December 1991 *US.GPO: lfas—M-714 DI
RETURN RECEIPT
Urunswlt-m ./-
BRUNSWICK SURVEYING supply, Sabbath Home
Rd., SW Page No of Fagan
42.93
Route 4 ox 128-D (91 9)
SUPPLY, NORT ROLINA 28462 T E`II-"TER OF
(919) 842-9392
TO
COASTAL PRFA MANAIGIEMEI�-q ACT
WE ARE SENDING YOU
— Shop drawings
Copy of letter
COPIES DATE
Attached Under separate cover via
Prints Plans
Change order Other:
I 111111S,111�\�.\ I I I Im
JOB NUMBER I DATE
95-042 1 2-Z-SG
ATTENTION
ED OIZOO K S
RE: 5 I (5-AI&D G 13�"�i11
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CE} 2 D
Specifications
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the following items.
— Samples
NUMBER I DESCRIPTION
G R ew Cry n ( W GC /Ati WILLIAM SoAJ)
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riECEivE� �
FEB S 1996
0% GEMENj
THESE ARE TRRAANSMITTED as checked below:
11
_/For approval
For your use
As requested
For review and comment
— Approved as submitted
_ Resubmit
copies for approval
Approved as noted
_ Submit
copies for distribution
Returned for corrections
_ Return
corrected prints
Other
FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US
REMARKS `
YOU SNouLD HAVE THE GAaW CARDS FA?OM rRACY 6AAWL-EY
MJI HRFC (.EVES(, rff6l WERE MAILFO rO g21.EN one 1-9-9(,.
,50RRY TN).5 um noK 50 "I&J6, &rr u)6 Han A DIFFI cvbr
'()ME 6FrTING (IjjtrAM u). -rD PICK IT UP 0') POST OFFICE,
NAv& A�Afv QVEST,5EPr IoN� PLSE CwrACT !�OcfR OFF'cE.
COPY TO f{FivE A NICE /✓A y . SIGNED
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II enclorurer en naf es nofs0. Afeese notify ua of once.
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STATE OF NORTH CAROLINA •'
COUNTY OF BUNCOHB
I, Thee. A. Orooe,Jr. Notary Public in and for the above State
and County, do hereby certify that Wm. J. Alexander and Doris D. 4
Alexander, his wife, personally appeared before me this day and aa- I
knowledged the duo execution of the foregoing instrument for the
purposes therein set forth; and the sold Doris D. Alexander, wife
of the said Wm. J. Alexander, being by me privately examined, sop- I
orate and apart from her said husband touching her voluntary execu-
tion of the same, doth state that she signed the some freely and
voluntarily, without fear or compulsion of her said husband, or any
other person, and that she doth still voluntarily assent thereto.
• Witness my hand and notarial seal, this the 25 day of Nay,1948.
i
Thoa. A. Grace Jr.
Notary Public
Hy com.exp. Jan.15,1947 (N.P.Seal) I
STATE OF NORTH CAROLINA,
BRUNSWICK COUNTY
The foregoing certificate of Thoa. A. Croce Jr. a Notary Public
of Buncomb County and State of N.C. Is adjudged to be correct. Let
the Instrument, with the cortiflcate, be registered. Witness my
hand, this the 3 day of July,1945. .
B.J. Holden
Asst.Clerk Superior Court
Filed for registration on the 3 day of July,1945 at 11 o'clock A.H.
end duly recorded.
Regidter�oi`�ee
DEC 11 199
COASTAL MANAGE
9
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•:..;"'f'"�:..-:. a�`!bZa�w:'�':G'E4'_,_��r.A•R;`:+,�7i.a.wa.•..,�..y-rr.�';, ^..-F-�_ar:.
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DEC 1
DivlSid
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625
wM.',J. ALFXANDER ET UX ) '
TO ) DEED
DR. A.M. DAVENPORT ET AL )
STATE -OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS DEED, Made and Executed this the 21st day of May A.D.
1945, by Wm. J. Alexander end wife, Doris D. Alexander, of the
State of North Carolina, County of Mitchell, parties of the
first part, to Dr. W.M. Davenport and Sly 011ie Davenport, of
Spruce Pine, Mitchell County, State of North Carolina, parties
of the second part.
WITNESSETH THAT
Said parties of the first pert, for and in consideration or*
the sum of Five ilundrad Fifty ($550.00) Dollars to them in hand
paid by the said party of the second part, the receipt of which
(o hereby acknowledged and confessed, have given, granted, bar-
'a
1�ad and sold, and by these presents do hereby give, grant
sin, sell and convey unto the said party•of the aecond pert,
hoira and assigns, FOREVER, all the following doscribed lot,
1995 tract, piece or parcel of land lying and being In Lockwoods Folly
Township Brunswick County, North Carolina, and bounded and des -
OF cribed as follows, to -wit:
➢EING Lot 4 in the section designated as Colonial
Beach and starting at a stake In the low water mark
of the Atlantic Ocasn.which In the southwest corner of
lot 3 and runninp. from said stake S. 840 W along the
low water mark of the Atlantic Ocean a distance of Two
Hundred forty '(240) feet to a stake at the southeast
corner of lot 5; thence due north to the southern edge
of the right-of-way of Inter -Coastal Water-woy popular.
Sy known as the Inland Waterway; thence with and along
the southern edge of the Inter_coostal water -way in an
e astwardly direction a distance of Two hundred forty
(240) feet to a stake at the northwest corner of Lot 3,
thence directly south to the point of beg inning.
Also a right-of-way to be hereinafter located, to the londe,
herein conveyed, from, over and across the lands of the grantors
lying to the east and west of the lends herein conveyed; and the
grantee herein agreeing, to convey to the grantors a right of way
to be hereinafter located over, upon and across the lands herein
conveyed.
IT IS UNDERSTOOD AND AGREED that the grantors herein reserve
from this conveyance the Commercial Fishing Rights on the beach
of the lends herein conveyed.
The above land being part of the land conveyed in a dead from
R.P. Robinson and wife, Ethal Robinson and W.E. Bellamy and Ave
Bellamy, his wife, to Wm. J. Alexander which deed Is recorded in
the Register of Deeds Book 81, page 44 of Brunswick County, North
Carolina.
TO HAVE AND TO HOLD the aforesaid tract, piece or parcel of
land, together with all the rights, privileges, and appurtenances
unto the same belonging or in anywise appertaining, unto him, the
waid party of the second part, his heirs and assigns, to his only
use and behoof forever, subject to the fishing reservation herein-
after set forth. '
And the said parties of the first part, for themselves, their
heirs, executors, administrators and assigns, covenant and agree
to and with the said party of the second part, his heirs and assigns,
that they are the owners and seized of said premises in fee simple;
that they have the right to convey the same in fee simple; that the
name are free and clear from any and all encumbrances, and that they
do hereby forever warrant and will forever defend the title to the
some against the lawful claims of all -persona whomsoever, subject
to the fishing rights hereinbefore set out,
IN TESTIMONY WHEREOF, the parties of the first pert have here-
unto set their hands and seals the day and date first hereinbefore
written.
Wm. J. Alexander (Beal)
(Revenue Stamp $1.10) Doris D. Alexander(Seal)
w
INS
4-1
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1185 APR 10 M110 32
Real F
_. 1�4 ?,x .' Fx;i_� fix
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Excise Tax
ROOERT J. MAIhlS011
REGISTLER OF HF.OS
6RJIN-SNICr e.01)I4TT, II.C.
Recording Time, Book and Page
TaxLot No........................................................................................... Parcel Identifier No.
Verifiedby ......................................................... . ............ County on the ................ day of ................................................... 18.......
by. ..... ..._......................._.............::
.........................................................................................................................................................
Mailafter recording to........................................................................................
..............................................................................................................................................................................
This instrument was prepared by .MICHAEL T. COX ATTORNEY AT LAW .................................................................................................
Brief description for the Index
Lot 16, Davenport Subdivision
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ...5 yL.... day of .......Apri.l........................................by and between
GRANTOR
J. LARRY BOYTE and wife,
CONNIE J. BOYTE
105 Rodgers Street
Holden Beach, NorI�
3�o D
OCT 041995
GRANTEE
JACK K. SMITH and wife,
CATHERINE P. SMITH
8805 Royal Wood Court
Springdale Street
Raleigh, North Carolina 27612
Aua can ct MN. BY
DIVISION OF I A
Enter in appropriate block for CQASTAL MAN%gg.4�r
p y: name, a 1 appropriate, character of entity, e.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, al
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 herel
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all th
certain Int or parcel of land situated in the City of ..Holden„Beach,,,,...,,•............. I ....... Lockwood ,Col,,l,y. Townshi
Brunswick County, North Carolina and more particularly described as follows:
BEING all of Lot 16, as shown on a map of the subject property
entitled "Map of Davenport Subdivision" recorded June 28, 1974 in Map
Buck 15, rage 19, Lr unowic:t County Rcgirl-,ry.
co
N.C. Bar Assoc. Poem No. 3 @ 1979. Reviled 1977.
USN
By
Attorneys at Law
4914 Maln'Streel'
"- PO Drawer 878.!
Shallotte, „tFe olina 28459
Phone: (910) 754-8820 -' (910) 754-9182
Fax: (91,0) 754-6499
si%lr nr
"for,lNA
a t.,.' Exci,eTlx
m
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94 JUL -0 P11 (1: 07
REGtSiGi O; OLI DS
DRUNSE�IC!; rr!�?Itt, N.C.
Recording Time, Book and Page
TaxLot No..........................................................................................
Verified by.............................Parcel Identifier No. ..245...EA..OQ2...............................................
.............. .....I.................. County on the ................ day of ............................ I............................
by........................................................................ . .
............._ ..............................................
Mailafter recording to...................................................................................................................................................................:..................
.......................................................................................................................................... .
This instrument was prepared 'by ....COX•.&__Causey,..At.torngys., at,,.Law.,,,,..,..„
Brief description for the Index ......................................... ...................
Acreage Tract, Davenport Subdivisio
NORTH
THIS DEED made this ...8....
CAROLINA GENERAL WARRANTY DEED
July
... day of .................................... 19.94......, by and between
GRANTOR
HOWARD V. WYRICK and wife,
FAYE C. WYRICK
F'0311713D
OCT 04 1995
DIVISION OF
COASTAL MANAGEMENT
GRANTEE
JACK K. SMITH and wife,
CATHERINE P. SMITH
8805 Royalwood Court
Raleigh, NC 27613
99ME94
Ta
S
Enter In appropriate black for each party: name, address, and, If appropriate, character of entity, a 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 ....Holden Beach Lockwood Folly
................... I Township,
... Brunswick .... .'w ......
--....._... County, North Carolina and more particularly described as follows:
BEING ALL of Lot 4 in the section designated as Colonial Beach and
starting at a stake in the low water mark of the Atlantic Ocean which is
the southwest corner of Lot 3 and running from said stake South 84
degrees west along the low water mark of the Atlantic Ocean a distance
of Two Hundred Forty (240) feet to a stake at the southeast corner of
Lot 5, thence due north to a southern edge of the right-of-way of Inter -
Coastal Witter -way Popularly known as the Inland Waterway- thence with
and along the southern edge of the Inter -Coastal Water -way in an
eastwardl.y direction a distance of Two Hundred Forty to a stake at
the northwest corner of Lot- 3, thence directly south to the point of
beginning.
EXCEPTING, HOWEVER, from the above described tract the following lots:
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 191 20,
21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, all as shown on a map
entitled Davenport Subdivision, recorded in Map Book 15 at Page 19 of
the Brunswick County Registry.
See Continued description on reverse side
N. C. ear e-Ila ronn Nn. 3 al Alma,
- IMI 1977 - raa,,, wmama a co.. nm., DON ,,,, 5'MkbwSb, N. C. no55
N..,C. S r &%wr. I m i n. N. e. Dal aura . Rev
The property hereinabove described was acquired by Grantor by instrument recorded in .......................................................
Deed Book 592 at Page 818 of the Brunswick County Registry.
.................................................................... .... .
A map showing the above described property is recorded.in Plat Book .................................... page .........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belongin;
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 cot
the same in fee simple, that title is marketable and free and clear of all. encumbrances, and that Grantor will warrant
defend the title against the lawful:claims of fill persons whomsoever except for the exceptions hereinafter Stated.
Title to the property hereinabove described is subject to the following exceptions:
i
1
OCT 041995
D
DIVISION OF
COASTAL MANAGEMENT
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, ha ca ed this instrument -to be signed
corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of I oar of Direct B. y and year
above written.
(Corporate Name) William B: Donald, Jr.
O
y%%-7 e R �t aft (
Monnie R.-Donald
____________________________President ti
ATTEST: •' .Ujt, --(s
a
------- - ---' ra
_______ �tci+tvfo-w�t Sec�etatlY (Corporate Seal) Ul---------------------(t
:�.------------------------- ------------
Brunswick
SEAL' �j•�t�rya,b�tT1l,CAROLINA,r________________________________CountY.
ff��SStrpp^�s+``yy''• C
": 7�r J,O�1��,'h,;t�'�iv�•a��(v Notary Pub o[ the County and State aforesaid, certify that ______ ________
1_l_1__i_ --- B_.-__________-__J_r__e___a_n_d__w__if_e_ Monnie _R__.___D_onald
------- ------ G,
yvT.� Y h Donald, _f____________
` pr'
S i-�iQ�1 R"o`'�"i-IrW.�pCrsonally appeared before me this day and acknowledged the execution of -the foregoing Instrument. R'Itn1
4 t1, r' UU89
4 hand and official stamp or seal, this - 14th day of �. ------ly____ 9------
11-5-89
f y commission expires: _________ __ _ ________ _____ _ -__ Notary
' N,
SEAL-STAhIP-tlORTH CAROLINA__________________________________ County.
1, a Notary Public of the County and State aforesaid, certify that '___________________________________
,x personally came before me this day and acknowledged that ____ he Is ___________________________ Secre
n
- ________________
___________ a North Carolina corporation, and that by apthorll
9 given and as the act of the corporation, the foregoing Instrument was signed In its name by Its _________
f0
President, sealed with Its corporate seal and attested by ___________ as its ___________________________ Set
•. Witness my hand and official Stamp of seal, this _______day of ___________________________ 19________.
illy commission expires: _____________________________________________________ __________________ Notary
The foregoing Certificate(s) of --------------- GErYl__4J_ __y _Q_x__No t..r}'X--PUb1ic.-------------------_---------------------'
--------------------------------------------------------------------------------, ------------------------------------------------------
-------------------- ------------------------ -------------------------------------------------------------------------------------------
Is/are certip o rrect. Th nett nd this certificate are duly registered at the date and time and In the nook and Page shown
first page hereofA (=ed this 14 day of July, 1989 at 3:51 P.M
Brunswick
___________________________ _________________________REGISTER OF DEEDS FOR____________________________________C
ny ------_An-`SIR1'th----------------------------------Deputy/MiRant-Register of needs
N. C. Ear MiNc. Form No.3 (9) 1976. ne,ked mJ 1977 -.Lm W,bomta Co.. la.. so. tr?.yMk. em.. N. moss
PrImM by Aareomea wllb Ilv N. C. her Atpe. - 1981
Jr
INA
ti-14-44
Exclse Tax $45 . 00
pIr
i:.rl:—aLe_
69 JUL I it PH 3: 51
F. i =1 i- is Milli
Recording Time, Book and Page
Tax Lot No ................................................... ........... Parcel Identifier No..245..•EA 00217
......................................................:
Verifiedby........................................................................ Countyon the ................ day of ....................
by..............................................................................................................................................................................................................................
Mailafter recording to.............................................................................................................................
.............. ......................................................................................... I............ ............................................................................................................
This instrument was prepared by ..... Ml..ctlael.... T'.... G.o.?5...... AttO.rae.y... a.t... Law .....................................................................
.Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this „14th day of .... J,ul.y........................... `•
..... 19.8.9......, by and between
GRANTOR
WILLIAM B. DONALD, JR. and
MONNIE R. DONALD
rOCT
CMVI& D 041995
DIVISION OF
COASTAL MANAGEMENT
GRANTEE
JACKK;; SMITH and wife,
CATHERINE P. SMITH
8805 Royalwood Court
Raleigh, NC 27613
Enter in appropriate block for each party: name, address, 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 .....,Holden Beach Lockwood Folly Township,
Brunswick . County, North Carolina and more particularly described as follows:
BEING all of Lot Number 17, as shown on a map of the subject property
entitled "Map of Davenport Subdivision , recorded June 28, 1974, in Map
Boole 15, Page 19., Brunswick County Registry.
This conveyance is made SUBJECT to the reservation of commercial fishing
rights and and an easement for ingress and egress in an instrument recorded
in Book 81, Page 625, Brunwick County,Registry,
T:_iLYltilC�il
N. C. bar leeme. FNnn Na..r 1976, Revised &1 1977 —j.mn wini.r.. a c.. .....yin, A. a,ross
Palmed 4v Ppreemem wild lhs N. C.. aer A,wa.-19B1 � � r r ���
Division of Coastal Management
Application Processing Notes
Applicant:
Deadline:
Date/Time: Message:
<41�-I
Z - _ o.a- v
i— 1 cNMI-, a o $9 P
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: John Parker
Permits Section, DCM
FROM: E. F. Broolgq'�;'
Field Representative, DCM
THROUGH: C. Robert Stroud, Jr.
District Manager, Wilmington, DCM
DATE: April 9, 1997
I 2VA
�EHNR
SUBJECT: Request for modification of State Permit #22-96
The permittee has requested to construct a second walkway (210' x 4') from the permitted pier to allow
access to the owners of Lot 30.
I recommend denial of the permittee's request. The dimensions of Lot 30 do not include riparian rights.
Mr. Smith's application was for a private pier, for his personal use. The selling of water access to non
waterfront property owners would constitute a commercial activity inconsistent with the original
application and possible local zoning ordinances. Further, if the applicant wishes to propose a
commercial or community use of the structure, it can be accessed from the permitted walkway without
the additional shading and construction impacts of a second walkway.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
March 3, 1997
Department of Envirormient, Health & Natural Resources
Mr. John R. Parker, Jr.
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Mr. Parker,
As the owner of Lot 17, I have made an agreement with Edgar
M. Arrowood, (the owner of Lot 30) to attach a short dock to
the already permitted dock. See attached plat. I feel that
this is preferable to building another dock. I am requesting
a revision to permit number 22-96.
Thank you for your efforts and consideration.
ely,
Jack K. Smith
I'DF`�111711'
MAR 2 0 1997
DIVISJOi� OF
COASTAL MA14AGEMENT
o,q�p�owRo„o.o�o.p,roxo„p.p�o•a'�'
Permit Class
NEW
Permit Number
22-96
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
Vermit
D (M�VTOD
MAR 2 0 199/
X for DIVISIUry OF
Major Development in an Area of Environmental Co7�ceTAL MANAGEMENT
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Jack K. Smith 8805 Royalwood Court, Raleigh, NC 27613 _
authorizing development in
Beach
Brunswick
County at AIWW, Lot 17, east end Frigate Dr., Holden
as requested in the pennittee's application dated 10/4/95 including attached
workpinn rirawings, 1 ci r d 6/?3195 and 1 dated reeeiYed 1014/95
This permit, issued on FEBRUARY 15, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subiect to a fine, imprisonment or civil action; or may cause the permit to be null and void.
PIER CONSTRUCTION
The proposed pier shall have a minimum clearance of 48 inches above
the substrate when crossing over coastal wetlands.
The proposed pier shall not exceed a width of six feet when crossing over coastal
wetlands.
No marsh grass may be excavated and/or filled.
(See attached sheet for Additional Conditions)
This permit_ac6on 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.
Rog N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee