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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 Certified Mail ./C No Insurance Coverage Provided Do not use for International Mail I %�*'•`"""' icae Reverse) 95✓_ 4 2 Z 029 551 618 Receipt for Certified Mail No Insurance Coverage Provided ,o ,�Y•a. Do not use for International Mail (See Reverse) 9$-I42 sen, io w,_ $ . 19, p Retum Receipt Snowing as to NTom 6 Date Delivered 1 / 0 L R.. n Receipt Snmvirq I Vmom, Date, and Addressee's Address Q TOTAL Postage ^ q Q C 6 Fees 1 .fp 2•/ Q 40 Postmark m Date \ V E O "lV� a C Z 029 551 617 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reversal q$-ly = r entto Am 0. w1utAmsd1J i It4n°(z N VIEW B Lv0 , lr r Postage $ rig Certified Fee I I U c—.1 nwivery Fee Restricted Dalrvery nee Rewm Receipt snowing 0 to virmo, 6 Date Delivered •' L Penum ReceWt Sno—W to Vishom. WDate, and Addressee's baNa TOTAL Postage 6L J .9F% L9 b Fees )` OPostmark or Dore —E— 'ga --I C) >< O m ZZ D mTI ca K m z <_ 7 t 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 Receipt for Certified Mail No Insurance Coverage Provided � Do not use for International Mail (See Reverse) gS'14?-- ro y ; y Date Delivered Date, and Postmark wpay �AA `�� 2i Z 330 431 293 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) 9S'I4Z Postage I $ lY Special Delivery Fee to d Restricted Delvery Fee Returnreceiot SM1owing "'IIIIILLLIIIIIJJJ///II ///11 to Whom & Date DnnernO Rewrri Receipt Show OCT 041995 Da a"°°° ♦nTnl Post � _ 4 DIVISION OF rm COASTAL MANAGEMENT is your AN ADDRESS completed on the reverse elde7 rloll�'Vll OCT 0 4 1995 DIVISIUN OF COASTAL MANAGEMENT Z 311 782 281 ,IlgoReceipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to IA d soJ Sweet and No. 1113 oCG[r,i BLVD. 61, 1, c P 0 , State and ZIP Code NOLpB.J f31 a N.0 Z6gloZ O to M Postage $ Z q Certified Fee OD LL y Soeciai Delivery Fee a Restricted Dehvery Fee Return Rece.o. Showing to Whom 8 Date Delivered Return R.", Sh.,,,i td Whom, Date, and Addr/fsea d gdoreee. TOTAL Porgy 07 a Fees •i P09ima- dtl ate 1 r a a T Thank you for using Return Receipt Service. a SENDER: 'yt • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4s & b. • 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. y 3. Article Addressed to: 4a. Attic la3 -rRFl�Y R • 8RA wILEY 4b. Sew I also wish to receive the following services (for an extra Y fee): 1. ❑ Addressee's Address y 2. ❑ Restricted Delivery 5 Consult postmaster for fee. o GO R•t• uH6ER ❑Registered 937, CNAPEL ROAD ® Car, 10 LU caARLEsT6m , WV 25304 ❑ Expr O 0 7. Da ' Q ¢ 5. Signatur �ddra _ Q. Ad ss and ¢ 6. Signature (Ag t) I -Co ❑ Insured 8 E m ¢ rn ieceipt for dise o 0 if requested Y e t F 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 • Print your name and address on the reverse of this form so that we can fee): •� • return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address fA does not permit. • Write"Return ReceiptRequested" on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date O delivered. Consult postmaster for fee. o 3. Article Addressed to: 4a. Article Number cc z-029-551-Clq •MICHAEL # 80�LINI E A. LE VET 4b. Service Type m E 6E 817 WEsr LL PLAiNe ❑ Registered ❑ Insured to 5rCertified ❑r� COD 6 IftW • CH ICAGO f IL 0 �? •3 (P0,6613 ElExptess Mail [X Return Receipt for 03 G Merchandise w G 7. Date of Delivery Q o Ic 5. Signature (Addressee) 8. Addressee's Address 10 if requested �r and fee is paid) f— r CC 4 natytj (Agpn 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 . l;I.... ,��I,ii,,,l�,l;ll MEMO DATE: TO: 1 )9ug �ITSTJO" LrkG SUBJECT: cle 6w� RE IVEO JAN 22 I996 C SfAt AoANAi,ENENT From: CM S�T[v North Carolina Department of Environment, o_ Health, and Natural ResourcesU p F o Fe enpar IAN-09-1996 11:22 FPOM EHNR WILM PEG OFFICE TO CAMA COOPER FLU P.02 a a + SENDER: r) ompieb arms t MLOr 2 Ipr pddagnel a!•vh% c • ompM1N M16ms 3, and N a b. • Print your nwo and addpeaa on the rlvNae or this form b 1Mr wr can retwo tn:= card to vov ` - Attach this form to the from or UK meiipiaN, Of On, the pack If apace dope net pail m • brae "Return Recoil Regvosted" on tee Inalipiaea o,u {y arlldo number. • iht Return RecsiDt w%deMw'rowhpm'ne C ercldl0 wss pr!Ivpretl and the 1401A, - dri!oere0 0 3 Article Addressed to: 4a. Anil a TRF1c�j R. BRRIUGEy Z' T• LING£R 4b. Sefv t; i 7a•t�a , r e'ad +.?�. [0 rccelve the foVowln9 sere _ea {for an extra feet t. ❑ A.ddreae/p•e Addrecp 2. ❑ 1`10S.-Icted Delivery Conlult oatmester for fee. a Nvmber 029-551- (0IA V 0 ' ' yi &3Z CNRPEL LOAD - LJ Registered cerrf,e c C.AA ALE STof; r W V 253G4 _I Exor s pI 4 ). Dot �ti ¢i 5. Signatur dd!e - jf-�� 8. Ad ss 's Ads Y ✓ and . I G�f � 6. S19n8101, 49610 no PS Form 38 1 Ti Da0embar t991 'US .O O: 1e03 as2•vf! DOMESTIC tZ) Insure0 for i 4 n. ry7•IWL ER: 0 • Cod'o41e items [ alert 2 for edd,tio^ef services. I Biso wish to receive trio • Complete items 3. and Ap It p, f0110wifog services (for an extra 9 S• Print your name and address an ts, reverse of this foam so the: -, Cp^ feel: �yf seurn this cord tp you, ial • At"Oh this form to tk,e bent of the mappieCe. Of on the beck it space t. r� —' d'essee's Addte6s % does not Primp d • Write "Return Alceio{Requeated"on the ,sF itce below ma �. •{' • The Return Re - p sn�danu Rn5•^-;e7 De'i•Bry Ctgt wB: Show to whom {h0 en:Clp wss tlBllverM eM Pr 'm id 3. Article Addressed to: 4e A c-nor 7 G29�1-(pf� 8 �ICyj ( 8010ntt A, i.r:'."c( - :,ceiYoe '--- E(7 4iiFST $ELL nIAIIv .=terse �jInsu•ed ac f7- COD ` (AlCH {CAGD r I L. <nC(p13 I • Exp•ess Mail ix P,eturn Rece;a fOr .E Ifs _ M r it ndist - ' 7. Date of Dallr v s+ -- - ¢i 5. Si;nature tAddressaei � 8. Adtlressee'a Adtl•ess 10 If reque'�ed and fee is paid % net iA n 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 L�� , . ICSr 4b. Service Type 1 113 OCEAN VIED 13 W ❑ Registered ❑ Insured y 40LOLCIJ PJEACFI , AIC. 2946E $1 Certified ❑ COD w El Express Mail X Return Receipt for Merchandise 7. Date of gelivery a 41A129 5. Sign esse 6. Addressee's Address (Only if requested M and fee is paid) F ¢ 6. ure (Agent) O > 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 CEt27) Fr ED CE} 2 D Specifications Ck sM)7H) the following items. — Samples NUMBER I DESCRIPTION G R ew Cry n ( W GC /Ati WILLIAM SoAJ) �l 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 l O //, II enclorurer en naf es nofs0. Afeese notify ua of once. l.Mi. '',{ :.: r, �.; ,. �..n�,.i �,, ;�•",....'n.'. .r•''�'. •��:jrO- ��y�w:.: n�'.�S.t iN. '•��L:�:rJ:ly.ii.I.G.�e'.�1.r.Jf";�.�..:.`s:wtrur.%' 62s N 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 TNT 1 .1 ��.3_7Cf.:. •:..;"'f'"�:..-:. a�`!bZa�w:'�':G'E4'_,_��r.A•R;`:+,�7i.a.wa.•..,�..y-rr.�';, ^..-F-�_ar:. .• ,•,.. ..I� M 'i �?qccL&�I DEC 1 DivlSid ,COASTAL MAI ..f 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 Yltt�,jIMat i 7 �+��"Y� �:M-f'rdS � f1^�Khia • s'.._. .. t •Gt, i�}�nqr ��a � !r } �_ } ,t,�.. ^ �N �. n rl, ttt r' �' d Jt,�r M �':if: 1, r7ti P.�, ! :Pr• 7, 'l't '..,tt.'a,'} ���n+�` . .'n;``"' ,1. ,•. .. 1185 APR 10 M110 32 Real F _. 1�4 ?,x .' Fx;i_� fix I I. nn r o ` erx I p'A5 ` 1: J 1) V 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 - i-$eft-f 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