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47-96 Southerland, Billy & Wanda
Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission ermtt for % Major ent in an a of Environmental Concern pursuant CCG % Excavation Issued to Billy B. & Wanda F. authorizing development in New Hanover 47-96 RECCIvEfl JUn $ IW6 iMNAGEMEN7 NCGS 113-229 . Road, Wilmington, NC 28409 as requested in the pennittee's 4ppap6y Cdated drawings, 2, dated received 12/28/95. Sound at terminus of SR1521 12/4/95 including attached workplan This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. 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 wbfi therlermit expires on December 331999 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. -4v*—RogeY N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permitter: Permit Class STATE Department of Env Major Developmen Resources Concern pursuant toNCGS % Excavation and/or filling piir'siiaint to'NCGS 113-229 Issued to Bfy B. & Wanda F. Southerland, 5504 Peden Pt. Road, Wilmington, NC 28409 authorizing development in New Hanover County at Permit Number 47-96 Myrtle Grove Sound at terminus of SR1521 , as requested in the permittee's application dated drawings, 2, dated received 12/28/95. 12/4/95 including attached workplan This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. 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 December 31n tj;gimit expires on 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. oge N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of P.ermittee Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Lei/MiN[>�ti 1. APPLICANT a. Landowner: Named//i%� �`�-�ANDA/'�S �TH6RLAND c. Street addres or second road number r ss��'� >�N ,, Lid d. Is proposed work within city limits or planning p jurisdiction? Yes No Address,<5-0 /,/ - /1 7 ,1FAI 4- r'1 e. Name of body of water nearest project (e.', river, CityIJ; l Min/G,-TaN State /I/� creek, sound, bay)&LlY l7r= C>-%fit i� 5� ti'd Zip 2 O Day Phone ZZ2 t? t! Fax i. DESCRIPTION AND PLANNED USE ''� OF PROPOSED PROJECT b. Authorized Agent: FDEC 051995 Name DIVISION OF a. List all development activities you propose (e.g. AGEMEN :;building a home, motel, marina, bulkhead, pier, and Address excavation and/or filling activities. City Zip Fax Day Phone c. Project name (if any) State NO7E: Perndl will be issued in now of lanidawner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County/'I C , . ./(f,C" � a'" b. Is the proposed activity maintenance of an existing project, new work, or both? A U c e- Rli c. Will the,.project be for public, private or commercial use? i'/ / ✓/i%Z- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more pace is needed, please attach additional pages. - // /-)/?69 #o 6 o fT- 7,3 h,--- usEJ /=d i2 /01/- f1yA& t n ?A 6 i, ; lvc-W . Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS p a. Size of entire tract b. Size of individual lot(s) c. Approximate elevatioH n of tract above MW or NWL �,��� 11&kf J;5iCCVCL in. Des rib Ming wastew ter 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.) 1; /R 4cE 2oIV07�- d. Soil type(s) and texture(s) of tract o. Des the existi�drinking water supply source. e. Vegetation on tact] /= �S J /��1 09 ANQ DEC 0 5 1995 f. Man-made f res n w on tract COASS.- ADDITIOI4kt''INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How s the tract zoned by local government? Vn /Vi9 Is the proposeoroject consistent with the applicable zoning? ✓ Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes / No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or el' ible property? Yes or 1. Are there wetlands on the site? Yes —No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) 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 7I.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 CHARACTERISTICS a. Size of entire tract �� � i9Gl At b. Size of individual lot(s), 5;/ fllE c. Approximatejrlevation of tract above MHW or NWL7?t-% fl DJ! 1"F.¢ ,Cc✓cl 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.) fro /RFAet /7u/VOFF d. Soil type(s) and texture(s) of tract o. Describe existin drinking water rinkingwate supply source. e. Vegetation on tract/- �S-�/�!T' L%ice J ,4Al 0- hS DEC G 5 1995 y f.—Man=made fea res n w on fracfi � i17['1✓t --- /w/y ° OOAS5,A44bDI116MATMFORMATION g. What is the CAMA Land Use Plan land In addition t0 the completed application. form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How s the tract zoned by local government? claiming to be the owner of said property, then V" 7 iVED forward a copy of the deed or other instrument under which the owner claims title, plus written permission „ i. Is the proposed�project consistent with the applicable from the owner to carry out the project. zoning? // Yes No (Attach zoning compliance certlfi'cole, if applicable) • An accurate, dated work plat (including plan view - and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or ell able property? No 1. Are there wetlands on the site? i/Yes _ No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) Revised 03/95 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 Form DCM-MP-1 4 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 /' , E T, N� Address SS /.R FEorN ? fl Phone Y/D - 299 - 0�1%S' Name Address Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address nrr n 5 1995 - Phone DIVISION OF NAGE,�is,is the day of�� 19 • A list of previous state or federal periiiita�ss�d�d� � work on the project tract. Include permit numbers, Print Name 15' SO �THCRs-AND permittee, and issuing dates. &I n n� Signature �/ Landowner or Authorized Agent 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. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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. Please indicate attachments pertaining to your proposed project. IL DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATIONI19�H7T@� ANDFILL DEC 0 5 1995 (Except bridges and culverts) DlvisiUN OF CASTALMANAGEMENT Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average FUUd Existing Project Length Width Depth Depth m O�C�yiR<`d� � /i'll � 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of inform Lion) f. Type of bulkhead or rprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? '/ Yes No If yes, (1) Amount of ma erial to be placed in the water ,'i%= (2) Dimensions of fill area �T'- X T) % r , (3) Purpose of fill/�yP/JRKiN'C ANn LAND �c-/AP;N 0 _CSs oYP O'/V P7 h'{ b. Will fill material be placed in coastal wetlands (marsh L SAVs or other wetlands? ✓✓ yes No If yes, (I) Dimensions of fill area _ GO (2) Purpose of fillfcR my R<J-/ lrcE, 4/i/Giv6 S 3 A !)K5N , 5. GENERAL DIVISION OF COASTAL MANAGEMENT a. How will excavated or fill material be kept on site and erosion controlled? A/11✓C 4 Rol Jr ,f J/(110UNi�D /�Y- RAc�Y�/3�Al �P.� / r'� on 3 �i57cs e9#,Di4 R0,*P OAt _ >/r or.41C I—/YdflXh_ FaRTAC"Fi11706°0_ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _ c. Will wetlands be cr ssed in transporting equipment to project site? _ Yes i-'�' No If yes, explain steps that will be taken to lessen environmental impacts. 9'�" , S o urN ER.�Ap✓n . Appa t or ' ct N e Signature Date Revised 03195 f. Does the disposal include any area in the water? Yes No i,L) Llmenslons or rut area (3) Purpose of fillipy R.s>n . PARIfAle, Aln iAtVDfcRP n/� lSsaya��OF✓✓rr� ,�y 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum or e. Shoreline erosion during preceding 12 months (Source of infor ion) f. Type of bulkhead or riprap material g• Amount of fill in cubic water level (1) Riprap (2) Bulkhead backfill, h. Type of fill material i. Source of fill material yards to be placed below 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will 11T material be brought to site? ,/ Yes No Revised 03/95 b. Will fill material be placed in coastal wetlands (mars SAVs or other wetlands? ��// Yes No If yes, (1) Dimensions of fill area (2) Purpose of fllFeX It,v Rgf'140 JYC6.i�/)l/fi:/G Sfi�R/JG �f A s c✓1 O — a �1 "�JLMvJLM 1 Uhl; U b i b COASTAL MANAGEMENT a. How will excavated or fill material be kept on site and erosion controlled? /*i//i>✓C A- NoLi 'ruRRouwiro RV- L PISS /dw,✓ ZP2X /{/?r'Ao en'3 ('IDcr FIiD�/) RoiiD cN cti/rP IrdfIP<f_ AdAL/LFi//7oesa'o- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?. %i(U_ C/y a- ('rlkm /'ellclv c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes 1/ No If yes, explain steps that will be taken to lessen environmental impacts. ���, Sn uTH 6R><AA✓D Applimpt or N Signature Date Permit Class Permit Number NEW 47-96 STATE OF NORTH-CAROLINA Department of Enviionmept,'Health & Natural Resources and Coastal Resources Commission X fore.: Major Developir ent-in"an Area.of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or 'frllingputsaant to NCGS 113-229 Issued to Billy B. & Wanda F. Southerland, 5504 Peden Pt. Road, Wilmington, NC 28409 authorizing development in New Hanover County at Myrtle Grove Sound at terminus of SR1521 , as requested in the permittee's application dated drawings, 2, dated received 12/28/95. 12/4/95 including attached workplan This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. This permilLaction 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 t further Departmental approval. All work December 31 l4y�anit expires on 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. -4T*—Rogef N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee Permit Class Permit Number NEW 47-96 STATE OF NORTFUCAROLINA Department of Envi ommehit Health; & Natural Resources Y P�CMUL for X Major Developmentin an Area of Environmental Concern pursuant to NCGS 113A 118 = x X Excavation and/or filling pursuant to NCGS 113-229 Issued to Billy B. & Wanda F. Southerland, 5504 Peden Pt. Road, Wilmington, NC 28409 authorizing development in New Hanover County at Myrtle Grove Sound at terminus of SR1521 , as requested in the permittee's application dated drawings, 2, dated received 12/28/95. 12/4/95 including attached workplan This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. 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 in hDecember 31 lyy�anit expires on 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. -.aTv—Rogd N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class STATE OF NORTH-CAROLINA ' Department of EnVionmeut,, Healt'h & Natural Resources and'- CoastalR'esources Commission % Major Development in an Area.ofEnvironmental Concern pursuanttolvc.w tt3a ttts ,,.. x t- % Excavation and/or filling pursuani to NCGS 113-229 Issued to Biny B. & Wanda F. Southerland, 5504 Peden Pt. Road, Wilmington, NC 28409 authorizing development in New Hanover Countyat Permit Number 47-96 Myrtle Grove Sound at terminus of SR1521 , as requested in the pennittee's application dated 12/4/95 including attached workplan drawings, 2, dated received 12/28/95. This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. This permit action may be appealed by the perminee 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 December 31n T4grmit expires on 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. oge N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Permit Class Permit Number NEW STATE OYNORTH-CAROLINA Department of Environme`rit,'Health" & Natural Resources and Coastal R'esotirces Commission Y Pin t- for % Major Developmentin an Area of En_virorimental Concern pursuant to NCGS 1f3A=.118.' % Excavation and/or filling'putsuant to NCGS 113-229 Issued to Billy B. & Wanda F. Southerland, 5504 Peden Pt. Road, Wilmington, NC 28409 authorizing development in New Hanover County at 47-96 Myrtle Grove Sound at terminus of SR1521 as requested in the permittee's application dated drawings, 2, dated received 12/28/95. 12/4/95 including attached workplan This permit, issued on APRIL 3. 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplans. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2733. NOTE: The U. S. Army Corps of Engineers approved this project under Nationwide Permit No. 18. This permiLaction 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 December 31n th§$;rmit expires on 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. Roge N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pcrmittee 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 April 3, 1996 Billy & Wanda Southerland 5504 Peden Pt. Road Wilmington, NC 28409 Dear Mr. & Mrs. Southerland: 1' •�' IDEHNR 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.Yarker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, ,-U FAX 919-733-1495 �� Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer Dawer g l/1 /3 solT%vfl?4AND SSo/ P6AEN PT R.D to /,niven�/ Ne. U'109 SC/# " J "x 30' I✓I og DEC 2 8 095 DIVISION OF COASTAL MANAGEMENT mYxrLE cRoVF soud'o I _a-_. {_._.{. � ', i _-�. �_.-Y r -�_ } __ I _. _ ..._ �. J. 1 � 9 � 1 � t- -�... +._ i I i __ i i I r { 1 ' I e. _ � _ �� _ I � - .. ' ' � I i I i I I : '. I I 1 I �_ � ! 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C � � - -- I � _ _.. _ �- � -{-_-I ,-_ -t- - � - � i r--r - � � �- --� - '---t-+-�- � __; ,s/// y /3 So u y'//f fA AND SSo� pfvEN PT RD Wi/m,•r9>011' N.G �syD9 /A - le - 95 seALE /", j o I 90� OWNED E• PNER owNER RF• 'go uTHF(1LA�✓D yoy F�,a�s oWdi4 rr fiiuER DEC 2 81995 DiviSiON OF COASTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT 'APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Billy & Wanda Southerland COUNTY: New Hanover LOCATION OF PROJECT: 5504 Peden Pt Rd, w/in 575' of Myrtle Grove Sound in Wihni DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/28/95 \1; L9 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No 04A 23 996 CONSISTENCY DETERMINATION: Attached - N/A To Be Fo�arded - .,N/A IT FIELD REPRESENTATIVE: Tere Barrett DISTRIC OFFICE: W' on DISTRICT MANAGER REVIEW: Y/ B) DATE APPLICATION RECEIVED IN IIGH: FEE REC'D: $ PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNEDTO:� IO:: _ Q 0, ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: — 7 MAIL OUT DATE: I (` 9 Y STATE DUE DATE: _ FEDERAL DUE DATE: FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office jj Div. of Community Assistance Z— ct 6 Land Quality Section 3C)-4 16 Div. of fine. Management a_ _qb O —� State Property Office Div. of Archives & History 2 _ Z / _ b Div. of Env. Health 2 . Z B - 7( Div. of Highways a� �-lc) b Wildlife Resources Commission Div. of Water Resources Z, 2 - 9 Div. of Marine Fisheries Recommendations for State Permit - Billy and Wanda Southerland Micro system wetland environments have been shown to provide benefits in areas such as this where there is agricultural runoff from one direction and roadway and sediment runoff from the other. As well, this project could be relocated on the other 28,664 square feet of this lot, and function as well. However, the loss of 2000 square feet of isolated wetlands is minimal. Given the nature and size of the wetland effected, the project does not appear to be inconsistent with the use standards set forth in T15A .07H .0209 for estuarine shorelines. In light of previous permit decisions governing 404 wetland loss in the ORW Estuarine Shoreline AEC, I recommend this project be authorized as proposed based on the following conditions: — 1) The fill material will be clean and free of any pollutants, except in Mace quantities. Metal products, organic materials, or unsightly debris will not be used. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplats. 3) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. ate of North Carolina Department of Environment, Kealth 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: January 22, 1996 Zoe D. Bruner, District Planner Division of Coastal Management Alkf F.)FEE HNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Billy & Wanda Southerland 5504 Peden Point Rd., within 575' of Myrtle Grove Sound in Wilmington, in New Hanover County Proposed Project: To fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Please indicate below your office's position or viewpoint on the proposed project and return this form by February 12, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett 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. N p k _4,Z This office objects to the project for reasons described in the attached comments. 4_i_� b ara SIGNED DATE 127 Cardin Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer VV Y w MEMORANDUM Aigh if)EHNF1 TO: John R. Parker Major Permits Processing Coordinator FROM: Zorn D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Southerland, Peden Road New Hanover County DATE: January 24, 1996 This permit consistency opinion is based on my review of the Southerland permit application, the Field Investigation Report (T. Barrett, 1/18/96), and my understanding and interpretation of the policies presented m the Wilmington/New Hanover County 1993 Land Use Plan. The applicant proposes to fill delineated 404 wetlands across the street from his residence for supplemental parking. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation (100-yr flood; see FIRM #370168 0093 E 913/92). The county identifies all lands within 100 year flood plain adjacent to coastal waters as conservation. It appears that this entire tract is in the Conservation classification. CLASSIFICATION DESCRIPTION: Conservation: The purpose of the Conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values. Lands placed in the Conservation class are generally the least desirable for development because: 1. They are too fragile to withstand development without losing their natural value; and/or 2. They have severe or hazardous limitations to development; and/or 3. Though they are not highly fragile or hazardous, the natural resources they represent are too valuable to endanger by development. Generally, estuarine areas of environmental concern (AFC's), as defined by the State of North Carolina, and adjacent lands within the 100-year tloodplain have been classified as Conservation. Conservation areas should be preserved in their natural state. Woodland, grassland and recreation areas not requiring filling are the most appropriate uses. Exceptions to this standard are limited to water -dependent uses (i.e., uses that cannot function elsewhere), shared industrial access corridors, and those exceptional development proposals which are sensitively designed so as to effectively preserve the natural functions of the site. The following guidelines clarify these Conservation area objectives: .. ... j... �.rr..,,........ iqe 2, Conservation, con't. 1: Water dependent uses - may include: utility easements, docks, wharves, boat ramps, dredging, bridge and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, moorings, pilings, navigational channels, simple access channels and drainage ditches. Irk some instances, a water -dependent use may involve coverage of sizeable land areas with limited opportunities to integrate the use with the site's natural features. This would require reclassification of the site. By contrast, water dependent uses which can be designed to preserve a site's natural features may not require reclassification. This would be the preferred type of development. 2. Shared industrial access corridors - as discussed in the U.S. Army Corps' of Engineers' The Wilmington Harbor: Plan for Improvement, would provide necessary access to the channel of the Northeast Cape Fear River for industries located onhigh ground while minimizing the adverse environmental impacts of such access. 3. Exceptional developments Preserving natural features are projects which are sensitively designed so as to harmonize with the site's natural features. Such projects minimise erosion, impervious surfaces, runoff and siltation; do not adversely impact estuarine resources; do not interfere with access to or use of navigable waters; do not require extraordinary public expenditures for maintenance; ensure that ground absorption sewage systems, if used, meet applicable standards; and do not damage historic, architectural or archeological resources. 1"Ang • ' • I • I I• :1 1' • k 1' 1.1(3) DEVELOPMENT ACTIVITIES WITHIN THE 100 YEAR FLOODPLAIN SHALL BE CAREFULLY CONTROLLED TO MINIMIZE DEVELOPMENT, ENCOURAGE LOW INTENSITY USES SUCH AS OPEN SPACE AND RECREATION, AND ENSURE STRICT COMPLIANCE WITH STATE AND FEDERAL REGULATIONS CONCERNING WETLAND PROTECTION. 1.1(6) DEVELOPMENT ACTIVITIES WITHIN THE ESTUARINE WATERSHEDS SHALL BE CAREFULLY CONTROLLED TO PREVENT THE DEGRADATION OF WATERQUALITY IN THE CREEKS AND SOUNDS, AND TO ENSURE THE PROTECTION OF THESE VITAL NATURAL RESOURCES. AGRICULTURE USES, GOLF COURSE CONSTRUCTION AND MAINTENANCE .SHOULD BE DESIGNED AND OPERATED TO MINIMIZE TO THE EXTENT REASONABLE, NUTRIENT AND PESTICIDE LOADINGS. THE CITY AND COUNTY SHALL MONPUOR TECHNOLOGICAL ADVANCES AND ONGOING SCIENTIFIC STUDIES TO DETERMINE WHETHER ESTUARINE SHORELINE SETBACKS AND BUFFER REGULATIONS SHOULD BE ADOPTED. 1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISH NG IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. hnplementation: 4. All land areas falling within the 100 year floodplaia will be designated Conservation on the Land Classification Map. CONSISTENCY OPINION: The policies in the New Hanover County's land use plan support protection of coastal waters and specifically SA and ORW waters. Towards this end, the county has classified all lands within the 100 year flood zone which are connected to coastal waters as "conservation." This classification is, intended to protect the natural resource. Plan policies support the classification. The plan sites three qualifications for development within the Conservation Classification: 1) water dependent use; 2) a shared industrial corridor; or 3) an exceptional development preserving the natural features of the site. This project does not appear to fall within any of those categories. The fill of 404 wetlands and creation of impervious surface for the purpose of parking and landscaping is inconsistent with the Iand Use Plan. cc: CR Stroud, Jr T. Barrett R. Shaw 0:1... 1PcdcnPL NC LEM :d,"l EhdVSCI Fa;::919-733-9959 Mar 14 '96 15: F.1 >1. Post-W Fax Note 7671 To Data 0 Of Frpm U•^y- Co. y—...�,�______ Phan= Fax �EHNF� October 13, 1995 New Hanover Counry ITEM Project # 9510310 APPROVAL of 401 Water Quality Certification Mr. Billy Southerland e r• 5504 Peden Point Road y 1A [, P;+; \�'117i in:a: •t '.r.C. 28409 .:crland: e t ur approval to place fill material in 2,400 square feet of wetlands or waters for the eveloping a lawn at your home, as you described in your application dated 25 Se xmhe. reviewing your application, we have decided that this fill is covered by Genera! NN'Awr Certification Number 2733. This certification allows you to use Nationwide Permit Number ? c issued by the Corps of Engineers. s approval is only valid for the purpose and design that you described in your application. It Inge your project, you must notify us and you may be required to send us a new application. approval to be valid, you must follow the condidons listed in the am, certification. Li audition, you should get any other federal, state: or local pemits before you go ahead with your prgiect. If you do not accept any of the conditions of this certification, you may ask for ;ui adjudicators hearing..'ou must act within 60 days of the date that you receive this letter. To ask for a heating, send a written petition which conforms to Chapter i50B of ti ortb Carolina General Statutes to the Offce of Administrative Hearings, P O_ Box 27447, Raleigh 27611-7447. Tlis certification and it, conditions are final and binding unless you ask for a hearing: This letter completes the review of the Division of Envimntnen%l Management under Se Lion 40l ,,f the Clean Water Act. If you have any questions, please telephone John Domey at 919-T?3-17E6. Sinccrely, r, l P estop Howard, Jr. P.E. Attaclunem cc: Wilmington District Corps of > i.- r;e--rs Corps of L•ngineers Wilmington 1-,eld 011i e Wilmington DEM Regional Office Mr. John Dorney Central Files F _O. 8o)(29535. Rdela" . Nor'h C ro;ir a 2762tr0535 Telepr, a 914.733 7315 FAX : , . 4>e An Eaubi Oppon�,r ffv After 5. : cehon En•. �;.O, e:' �!eat --0%Pas!-� c�surnei paper To: John Dorney Pianning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS j REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: March 25, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960044 COUNTY: New Hanover PROJECT NAME: Billy and Wanda Southerland PROJECT TYPE: Fill PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: January 22, 19% REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 rlaavolraa *STREAM OR ADJACENT WATER BODY: Myrtle Grove SoundCLASS: SA ORW STREAM INDEX #: 18-87-25.7 *OPEN OR CLOSED: Open I fAP"'w- WL IMPACT: Yes WL TYPE: STR \ MIS WL REQUESTED: 0.046 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A C 9 MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to fill an isolated wetland pocket for supplemental parking. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FH.L AREA OF FILL - WATER: N/A WETLAND: 2000 sq. ft. IS FILL ELMUNATING A SIGNIFICANT USE? No RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Tere Barrett John Parker T:.FF F _1 State of North Carolina Department of Environment, Health and Natural Resources Division of coastal Management James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary Roger N. Schecter, Director January 31, 1996 A FI.WA 14 A E NR MENJORANDUNI TO: -Mr. Charles R. Fullwood, Jr., Director I ;� Wildlife Resources Commission w cera:r,,_cr, Ann: Habitat Conservation FROM: John Parker, Jr. `�' ,Z1 2 Major Permits Processing Coordinator SUBJECT: C&MA/DREDG Permit Application Review APPLICA'\ P Billy and W da utherla PROJECT LOCATION: 5504 Peden Pt. Rd. adjacent to Myrtle Grove Sound in Wilmington, New Hanover County. PROPOSED PRO.ILCT: Fill an isolated wetland pocket for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 21, 1996. If you have any questions regarding the proposed project. please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the (I�t 11 attached comments. Signed N C �J QL Date 7--2I-,,I\a P.0.&a27687.Pd6UUi, NorthCarcArc276117687 591C'3' 3 FAX919-733-1495 An E%ud Oppor only Af6,mcU.✓e ACI, +- 6nployor ...e yt ' : onsimer popor 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 January 31, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM SUBJECT: APPLICANT A14; ty-VA om%ftoowwamoft �J EDEHNF11 John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Billy and Wa(da Southerland FFB S'M M w &,996 10 PROJECT LOCATION: 5504 Peden Pt. Rd. adjacent to REeENEU Myrtle Grove Sound in Wilmington, �gg6 New Hanover County. FEg � MpdC��ENt PROPOSED PROJECT: Fill an isolated wetland pocket for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 21, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. J� 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. J � � Signed Jl C./f fj I t, ,/c Date 5 P.O. Box 27687, Paleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 (111 r�) An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer papeo r C.l� 66 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary January 31, 1996 Roger N. Schecter, Director MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources A173FA �EHNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator R FEB 2 1996 t DNISION OF 6iATER RESWRCES SUBJECT: CAMA/DREDGE j�&FILL_Permit Application Review APPLICANT: Billy and Wanda Southerland A*1 f PROPOSED LOCATION: 5504 Peden Pt. Rd. adjacent to o, RECEI EO Myrtle Grove Sound in Wilmington, FEB 21. 1996 New Hanover County wl MAEN; PROJECT PROJECT: Fill an isolated wetland pocket for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 21, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed ATC____ Date 2 ' ( 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 wepartment or r-nvlronmeni, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director TO: FROM: January 22, 1996 Mr. Charles Gardner, Director Division of Land Resources �EHNF� John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Billy & Wanda Southerland Project Location: 5504 Peden Point Rd., within 575' of Myrtle Grove Sound in Wilmington, in New Hanover County Proposed Project: To fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. ilE n1�4auoutQ (yoaTI LacaL PeoLiQAK A*I Q,s4 70 (ZEv Ei,.1 j�15 PQod�Gf This agency objects to the project for reasons described in the attached comments. n G/ SIGNED DATE -JA-Q Z6 I txl io 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 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 January 31, 1996 MEMORANDUM E)EHNFla TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA((/ and & FILL Permit Application Review APPLICANT: Billy and Wanda Southerland PROJECT LOCATION: 5504 Peden Pt: Rd. adjacent to Myrtle Grove Sound in Wilmington, New Hanover County. PROPOSED PROJECT: Fill an isolated wetland pocket for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 21, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This Signed objects to the project for reasons described in the Date 5 91 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 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: January 22, 1996 Mr. William A. McNeil, Director Division of Community Assistance 1 ID FEE Flat John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Billy & Wanda Southerland 5504 Peden Point Rd., within 575' of Myrtle Grove Sound in Wilmington, in New Hanover County Proposed Project: To fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. % This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L7 DATE 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 January 22, 1996 14 AVA [DFEE HNFi MEMORANDUM: RECE'VEQ JAN 2 4 1996 TO: Ann Hines„ LPO New Hanover County FROM: John R. Parker JAN 2 9 1996 Major Permits Processing Coordinator DIVISION OF SUBJECT: CAMA/DREDGE & FILL Permit Application Revi&GASTAL MANAGEMENT Applicant: Billy & Wanda Southerland Project Location: 5504 Peden Point Rd., within 575' of Myrtle Grove Sound in Wilmington, in New Hanover County Proposed Project: To fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at 910/395-3900. 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 (1 �%L� DATE 1 6401 (p 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 Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 31, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration AT •�• ID FE F1 FROM: John Parker, Jr. Major Permits Processing Coordinator 3 � F`B199e V L N Pi t�Blr��rco sad ope�yY Office rya 0 e2�21ZOZ6lg\'Iy SUBJECT: CAMA/DREDGK-& FILL Permit Application Review APPLICANT: Billy and Wanda Southerland PROJECT LOCATION: 5504 Peden Pt. Rd. adjacent to Myrtle Grove Sound in Wilmington, New Hanover County. PROPOSED PROJECT: Fill an isolated wetland pocket for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 21, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date 1 P.O. Box 27687, Rcieigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper IWtate of North Carolina epartment 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: January 22, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries Q�� C)EHNR John R. Parker Major Permits Processing Coordinator RECEIVED t v b 0 51996 ply, OE MARINE FISHERIES CAMA/DREDGE & FILL Permit Application Review Billy & Wanda Southerland Project Location: 5504 Peden Point Rd., within 575' of Myrtle Grove Sound in Wilmington, in New Hanover County Proposed Project: To fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 12, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett at extension 246. When appropriate, in-depth comments with supporting data is requested. REPLY: ' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. L9�20( SIGNED DATE127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395- 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 February 1, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator T* —A— on -A E:)FEE HNF1 SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Billy and Wanda Southerland PROJECT LOCATION: 5504 Peden Pt. Rd. adjacent to Myrtle Grove Sound in Wilmington, New Hanover County RECEIVED FEe 021996 DIY. RE -MARINE FISHERIES RECEIVED FEB 6 1abl3 MANAvudOT PROPOSED PROJECT: Fill an isolated wetland pocket for supplemental parking 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. �It is recommended that changes be made to the project to reduce or }T n eliminate public trust conflicts, as discussed in the attached memo. ceivvdYs To "nex •G"tovr ;;,-,t is is f Signed -v E ¢ /f/F, w �� m �ic� • �a 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 State of a to Carolina L' apart of Environs net it, i1ealth a Natural Ne3ources Civlsio r Wit' ata monamment JQmtls B Hun;. Jr., : cvernor Jonathan B, r±nwrs Secretary Rr )Ufx N. Ser)A ;ter, oircotor NMWORANDUM TO. FROM! JAmidty 11, 1996 Us, Linda Sewall Director Division of Environmental Henith John Parker, Jr. Maw Permits Proctssing Co:ndinau,r "EH ""F-1 1'cBE ,nn; J!V, l.F 1', el:H SUBJECT: CAlIIA/URED Permit Applicit oE*14ia I V D APPLICANT: Billy and W da SOutherlan PR(-).iFC'T LOCATION: 550.1 Pede t. Rd ad;a.;em t„ Myrtle Grove So in Wiimingl, New Hanover County. PR0IN-)SF1) PROJECT! Fill in isolated wetland pCcket fc) supplemental parking. Please mdiu&r bekrW your Agency's Position or vlewpoL,t on the prop(,r,l prpjeCt and 2t0I, this form by xebruary 21, 1996- If you hisve any questions rc;ardiug, 0, . proposm proien, please contd_. ir,lm Parker a; 733-2293. When appropriate, in-depth cn nmruls Kith suppc•rT., data are regvcsre.l )' This agency has no oblectiou to Ib, plr,jc r This agency has no comment on the proposed m ojcet Thix agency approves or the pro;eet, only if the r€commcndr,i changes are incorporated. See attached. This afcnry r'1bjrcts to the project for reasons described in b attached unmarntn $tgrtd_-�� � �. i-G'•'i; �� y i�r%.� DA✓' ,. � v JiJGV• N�xih Cp•o'ino 27511-7657 Td.,- .- :av1a)33-1.<i F.Nc 414-?3e i4g5 , I j Wyn'f,no'hm,,,,r: y c'grcyar 5'A State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Billy Southerland 5504 Peden Point Road Wilmington, NC 28409 Dear Mr. Southerhmd: A74 •�I• — 7 [DEHNFZ1 April 2, 1996 New Hanover County DEM Project # 951030 You have our approval to place fill material in 2,400 square feet of wetlands or waters for the purpose of developing a lawn at your home, as you described in your application dated 22 January 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files John Parker; DCM Sincerely, � 2 Yston How , Jr. P.E. �q K096 9 951030.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, h C 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper DIVISION OF COASTAL MANAGENHNT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Billy and Wanda Southerland 2. LOCATION OF PROJECT SITE: 5504 Peden Pt. Rd (SR 1521) in New Hanover County, within 575' of Myrtle Grove Sound. Photo Index - 1989: 178-21; gr. G-9 1984: 17-216; gr. K-4 State Plane Coordinates - IC: 2342200 Y: 139700 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/08/95 Was Applicant Present - Yes 5. PROCESSING Application Received - cc: 12/28/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - None (F) Type of Structures: Existing - Residence Planned - Parking area (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Baccharis halimifolia, Mvrica 2000 sf cerifera. uni eras virginiana (B) Non -Vegetated Wetlands (C) Other High ground 400 sf (D) Total Area Disturbed: 2400 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. ~Southerland Page 2 9. PROJECT DESCRIPTION 1/18/96 The project site is located south of the terminus of SR 1521 in New Hanover County. As the State Road ends, an unimproved roadway turns and leads south into the few residences located on this point. The point is surrounded by Myrtle Grove Sound to the east, regularly flooded wetlands to the south, and wetlands to the west. The wetlands to the west are apparently incidental to a mosquito ditch excavated prior to 1974. The area is residential. The tract is approximately 1 acre in size. This property is approximately 44, wide at Myrtle Grove Sound, and stretches approximately 990, westward. The unimproved road bisects the tract. • The applicant states that the average elevation is 3' above sea level. USGS maps indicate the elevation to be between 5' and 10' above mean sea level. There is a house existing on the property. The project site is across the road from the house, approximately 245' from the sound and 100' from the waters and wetlands of the mosquito ditch. The New Hanover County Land Use Plan classifies this area as Resource Protection. The waters of Myrtle Grove Sound are classified SA-ORW by the Division of Environmental Management. The area is a designated Primary Nursery Area, and is open to the taking of shellfish. The largest portion of this tract, 706' x 44' , is on the west side of the road. This area has been cleared in previous years for agricultural uses. At the east end of this, adjacent to the road, is the wetland area in question. The delineated 404 pocket is approximately 40' x 50' in size. This is vegetated with Baccharis halimifolia, Myrica cerifera, and Junipers 'vrrginiana. This is an isolated pocket between the roadway and the agricultural field. The applicant proposes to fill an area approximately 40' x 60', approximately 1.5' in depth, for additional residential parking. The applicant has received a Nationwide Permit 18 from the Corps. 10. ANTICIPATED IMPACTS Fill of the wetland area will remove from jurisdiction approximately 2000 square feet of delineated 404 wetlands within the ORW Estuarine Shoreline. While the isolated pocket is vegetated with pocosin type species, the elevation would indicate more interaction with the adjacent estuarine system and the groundwater system than that of a true pocosin. Fill of this area would disturb and increase the elevation of approximately 400 square feet of high ground. Submitted by: T. Barrett Date: 1/18/96 Office: Wilmington State of North Carolina Department of Environment, Health and Natural Resources 4 • 0 Division of Coastal Management _ James B. Hunt, Jr., Governor r� - Jonathan B. Howes, Secretary [D E H N Ri Roger N. Schecter, Director March 18, 1996 Billy & Wanda Southerland 5504 Peden Pt. Rd. Wilmington, NC 28409 Dear Mr. & Mrs. Southerland: This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dredge and Fill permit to fill an isolated wetland pocket across the street from your residence for supplemental parking, on property located at 5504 Peden Pt. Rd. (SR1521), in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 16, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, AJ�a jor Permits Processing Coordinator 7RP: jr/aw cc: Tere Barrett DCM--Wilmington 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/ 10%post-consumer paper / %/% /3. so 07"FfEo SSo q I� - /r�°/mot i DEC 0 5 1995 O' DIVISION OF COASTAL MANAGEMENT' 000017, 1 �,L r November 3, 1995 Regulatory Branch Action ID No. 199505647 and Nationwide Permit No. 18 Mr. Billy Southerland 5504 Peden Point Road Wilmington, North Carolina 28409 Dear Mr. Southerland: Reference your application of September 18, 1995, for Department of the Army (DA) authorization to discharge fill material into 2,400 square feet of non -tidal wetlands, adjacent to and below the headwaters of Myrtle Grove Sound, for the purpose of providing a storage site at your residence, located at 5504 Peden Point Road, in Wilmington, New Hanover County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, nationwide permits are listed in Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided by Nationwide Permit No. 18 for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards below the plane of ordinary high water in open water areas; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; c. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands and; d. The discharge, including all attendant feature, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion Your work, sited in the coastal area, is authorized by this nationwide permit provided it is accomplished in strict accordance with the submitted plans, the enclosed conditions and any required State authorization. A consistency determination is required from the North Carolina Division of Coastal Management (NCDCM). Contact Ms. Tere Barrett, telephone (910) 395-3900 for this consistency determination. A Section 401 water quality certification is also required from the North Carolina Division of Environmental Management. Contact Mr. John Dorney, telephone (919) 733-1786 for this certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. Nation dupe mits�tli. r .. .. N�t�::v;.iPnPTiilltS thal i to the Corps of Engineers for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH: P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGI BEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENT AL MANAGEMENT. PLEASE PRINT. 1. Owners Name: d• �� So�►��yr�0�r 2. Owners Address: S S D `\ Q ac� ¢ �n Q n� • �113 t� r •� �'^• 'd,�ytD 3. Owners Phone Number (Home): 'O%\O 3gal - a 6 LP (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ,1 ATTACH MAP). County: Nearest Town or City: Lt/ s%� — — 11 7f �--�— Specific Location (Include road numbers, landmarks, 6. Name of Closest Stream/River: 7. River Basin: /-t / bt/ W 8. Is this project located in a watershed classified as Trout, 0, HQW, ORW, WS I, or WS II? YES (i]— NO [ ] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO V-�— If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project si 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: G 66 Drained: Flooded: Excavated: /70' Total Impacted: �al �eo It 13. Purpose of proposed work: elegy no[eineasures CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear l r. r / This landowner plans to on their in The sketc letter is to of Mr./Mrs. construct property, on construction. Date: 4z-111-11-%S� you�asn an adjacent riparian accurate proposed Should you have no objections to this proposal, please check the statement below, sign and date the blan1� elq}a the statement and return this letter to: !!�l �L`,,Yij�sY as soon as possible. Should you have objections to this proposal, please send your written comments to CAMA Local Permit Officer, New Hanover County Inspections Departments, 414 Chestnut Street, Room 203, WiLiti.ngton, North Carolina 28401. Comments will be considered up until the time of issuance of a permit. D � (CIRH V T9 Sincerely, D DECO 5 1995 DIVISION OF / COASTAL MANAGEMENT !/ I have no objection to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signat e /�- y �� Date B. B. SOUTHERLAND 0731 WANDA SOUTHERLAND 60-7631531 CC 5504 PEDEN POINT RD 910-392.6866 ��y_ � WILMINGTON. NC 28409 19 LDlL, Pay TO The D AyN� $vgyv.�9 Order Of IACHOVIA Wechovie Bank of Norlh Carolina, N.A. Wilmington, NC Y84U'2 � Mem i:0531076331: 861►. 3027989' 0731 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 January 18, 1996 Billy and Wanda Southerland 5504 Peden Point Rd. Wilmington, North Carolina 28409 Dear Mr and Mrs Southerland: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 5504 Peden Point Rd. It was received completed on 12/28/95, and appears to be adequate for processing at this time. The projected deadline for making a decision is 3/13/96. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 3 1,.r.... 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Photo Index - 1989: 178-21; gr. G-9 1984: 17-216; gr. K-4 State Plane Coordinates - A: 2342200 Y: 139700 INVESTIGATION TYPE: CAMA/D&F 4. INV-E.STIGATIVE-PROC-EDURE: Dates-of-Site-Visit-42/08/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 12/28/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land'Classification From LUP - Resource Protection (B) AEC(s) Involved: ES (C) Water Dependent: No (D) ' Intended Use: Private (E) Wastewater Treatment: Existing - Septic Tank Planned - None (F) Type of Structures: Existing - Residence Planned - Parking area (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Baccharis halimifolia, Myrica 2000 sf ceriferabmiperus vireiniana (B) Non -Vegetated Wetlands (C) Other High ground 400 sf (D) Total Area Disturbed: 2400 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: Applicant proposes to fill an isolated wetland pocket (delineated by the US Army Corps of Engineers) across the street from his residence for supplemental parking. Southerland Page 2 9. PROJECT DESCRIPTION 1/18/96 The project site is located south of the terminus of SR 1521 in New Hanover County. As the State Road ends, an unimproved roadway turns and leads south into the few residences located on this point. The point is surrounded by Myrtle Grove Sound to the east, regularly flooded wetlands to the south, and wetlands to the west. The wetlands to the west are apparently incidental to a mosquito ditch excavated prior to 1974. The area is residential. The tract is approximately 1 acre in size. This property is approximately 44' wide at Myrtle Grove Sound,—and-stretches-approximately-990'�stward-The unimproved-road--bisects�e-tract.—The applicant states that the average elevation is 3' above sea level. USGS maps indicate the elevation to be between 5' and 10' above mean sea level. There is a house existing on the property. The project site is across the road from the house, approximately 245' from the sound and 100' from the waters and wetlands of the mosquito ditch. The New Hanover County Land Use Plan classifies this area as Resource Protection. The waters of Myrtle Grove Sound are classified SA-ORW by the Division of Environmental Management. The area is a designated Primary Nursery Area, and is open to the taking of shellfish. The largest portion of this tract, 706' x 44', is on the west side of the road. This area has been cleared in previous years for agricultural uses. At the east end of this, adjacent to the road, is the wetland area in question. The delineated 404 pocket is approximately 40' x 50' in size. This is vegetated with Baccharis halimifolia, Myrica cerifera, and Junipenrs vireiniana. This is an isolated pocket between the roadway and the agricultural field. The applicant proposes to fill an area approximately 40' x 60', approximately 1.5' in depth, for additional residential parking. The applicant has received a Nationwide Permit 18 from the Corps. 10. ANTICIPATED IMPACTS Fill of the wetland area will remove from jurisdiction approximately 2000 square feet of delineated 404 wetlands within the ORW Estuarine Shoreline. While the isolated pocket is vegetated with pocosin type species, the elevation would indicate more interaction with the adjacent estuarine system and the groundwater system than that of a true pocosin. Fill of this area would disturb and increase the elevation of approximately 400 square feet of high ground. Submitted by: T. Barrett Date: 1/18/96 Office: Wilmington Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark l�� /a� 1 c � N - 1. APPLICANT a. Landowner: c. 1Sd r1G�EI✓d / adUr . Isproposedwork within city -limits -or -planning — Name i ��AnDAr �TNGpRLANJJ jurisdiction? Yes �-' No Address.SSd zl ?e?b -A/ tL /1 b City 0; / M i iJ C-7-DhI State Zip 2 ED�p Fax b. Authorized Agent: e. Name of body of water nearest pro]�ect (e.g. river, creek, sound, bay) AY%? l /z C� Rio ✓� S �Nd Day Phone%1-61FZ� 0 a— a it VAT ESCRIPTION AND PLANNED USE DEC D 5 1995 F PROPOSED PROJECT Name DIVISION OF a. List all development activities you propose (e.g. =0 5I AC I IA AGEMENlbuildingahome, motel, marina, bulkhead, pier, and Address excavation and/or filling activities. City Zip Fax Day Phone c. Project name (if any) State NOTE. Permit will be issued in mme of lmdow r(s), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. CountYALL -F- l�Ce� ova r' b. Is the proposed activity maintenance of an existing project, new work, or both? A&tj c. Will the roject be for public, private or commercial use? 'Ri d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more pace is needed, please attach additional pages. '/ AP?64 Ole filJr / o fT • page;:, F E G- AND 04 h i NG? . Revised 03/95 1. L11 1\ 1711E I\All/ CHARACTERISTICS a. Size of entire tract �,V-/ _A / %pe) v b. Size of individual lot(s) _57Ary/F c. Approximate elevation of tract above MHW or NWL _ 3 )�/, /Ids of fF, t! t l/c4 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.) S;: RFAeE l?uNofF d. Soil type(s) and texture(s) of tract o. Describe exist" drinking water supply source. rLL e. Vegetation on tract —rl?/= Z--i I�l Awl) I.JCG b.S � —``� 0E0 U 5 1995 g. What is the CAMA Land Use Plan land classification of the site? (Comalt the latnl land use plat.) Conservation Transitional Developed Community Rural Other h. How js the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No 1. Are there wetlands on the site? //Yes —No Coastal (marsh) Other If yes, has a delineation been conducted? (Anaeh documentation, if available) Revised 03195 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 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained N the permit. by certified mail. Such landowners must be advised -certify-that-to-the-best-of-my-knowledge,-the proposed - that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name E ! , Nc R I certify that I am authorized to grant, and do in fact, Address .SS /.4 PEoFt✓ PT. 4 - grant permission to representatives of state and federal Phone Y/O 999 - D F7P review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address Draw. r` Phone fl " ((� 1� V� I n l I r certify that the information provided in this Name apt 'on is truthful to the best of my knowledge. Address 5 1995 Phone DIVISION OFTt,,gttheI/day of s:(f , 19 ft . • A list of previous state or federal pevrr7rhF s&dlfbANAGE IVr work on the project tract. Include -permit numbers, print Name /--?, --� D 4j7-,YQ?A/9/✓D permittee, and issuing dates.0 n n Signature Landowner or AuthoriZed Agent • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Please indicate attachments pertaining to your proposed project. fGDCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP 4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATI AND FILL (Except bridges and culverts) DIVIbiUN OF COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all 1. EXCAVATION other sections o e om�pplication that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Eusting Project Length Width Depth Depth oy,. .:•` y. Fri a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future No Revised 03195 f. Does the disposal include any area in the water? Yes No (2) utmensions or rut area (3) Purpose of fi14nv RALa , PARIUAIC-, /ttvn J4W9(-CRPP:A/& _LSsayYP626VP7- ,cep. 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance or e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material 1. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03/95 b. Will fill material be placed in, coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill areak Gc'' i (2) Purpose of fill/=cR my Rgrl dl ,Yc,r,i//i/fX1;V6 S crAGAVAryEArk ULU U b N b COASTAL MANAGEMENT a. How will excavated or fill material be kept on site and erosion controlled? A///V/; A N"o[F 4/1r'dJ c a 3_f'i�cs F�iioi Ro/�D cN' 7-W,- c7-a/-•P — /yoOOC,-- FaA?-X1— i//7oG'o- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?. _ / /!'/) /W c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes 1/ No If yes, explain steps that will be taken to lessen environmental impacts. App///li� r o'ect Name. Signaate Date left loll South I1 Iles 4Wilmingtat 21 BEACH 3000 35 CO G H 31 -r �0 1 ipwvFr 41 inlelr on IM, chnr l ore sublecl t dmn8 I kk Invnn /2 \�I WIIISTLEn(A) 44 Imnlr IWO%dnlul ]n Ip ,'' 3[1 1 10r 0 `/ .IQSJ.:K M 53 1 71�3229� API�I NOV 3I1'11 N 1V A{�It-3AN SFP--N-N ly5 47 40 36 =K ` J MI11 SI:P APH - N IV 4 33 MIOJAN / 43 46 47 34 e.5 47 15 40 44 f7 49 49 34 39 44 er s 38 A39TLINTIC OCE154 4N 37 43 44 V m' 25 1+ „ln..III ndrndrnr[r 6 vere-:�, a o0 I/ / 37 330 �N�UU1u 4,T 4n��d® tt Cr i�Q.f 1IQ �3 � .°° 50 20 53 25 ft49 [y'.. .� 2, 34 45\` AD 3 t%. `s O °' \u,�urnn6w�wd rir�mduu 13 _2 /E—.—ryp 43\`\`\`1~47 rll lr� al/r/ i� S� C eek Y4 33�,K O 9 �\ s PGN TIC jti t / MAY-SEP°\v` �\ cA �i, °0 5 43 %37 It 0 I f? rrl ,l3 0 / MA38 NOV N � ry 44 43 46 � o < rrll 53`N�+ it 2 36 0 _ _ m45 a. ID MAY-N:37rYS �I_ — - -0 ead nl 33 g APR-NOV ; , 45^.. B I 3vnirisx33 o %�— 32 \4ti 1 33 PLAY-SEP oaa 1,/ 50 26 33fOO�"7°n r� rl C 94/./„ ?2 0 �'e0ru�mrluu lei r n inrpm,n`C` \ 0 �- 2 24 3 34 APR OV APH—NOV [? 00 3 09 Z Ohl Bl 0L aC° i 27 31 bpfi—JAN SEP—NOV 44 4 lrnr 43 I 5p,�sC°�� �. 0�2 v'rr�rrrrnnpw ngnn un\ra \ �Cj 2 34 M1{6SEI'-A -N OV I 3 MIOJAN 44 OI l . ----- - - 7.40200 R- V NOV— EO MAY—NOV J 77°50' 0 172 1 2 Statute Joins Chart 43r K O ADC OF ALEXANDRIA. INC. Miles 5 17 0 , )_-_� I I } - I Jed _SSoY� PoEN E-1 !PTa — —t --- -- - -- --- - - - ` I — — , -- I I i I I I -I - DEC--2181995 N-G - A NA E ENT COASTAL -MANAGEMENT 7 I ' t i } � f I 7-1 /� eood074 pgE 6t9 IN TESTIMONY WHEREOF, the Frances D. Southerlana (widow) - - --- ----- - - - - ------ ------------------------------------------- ------------------------------------- ----------------------------- -- -------------------------------- ---------------------------------------------------------------------------------------------------------------------------------- ----------------------------------- do.--..es..hereto subscribeher ---- name -------------------------------- and affix .......... her ------ -------- seal ---------------- the day and year first above written. Q lagz Signed, sealed and delivered -------- ___._.__—_______ in the presence of .. ---"--^------------"-- '— --. .— .......... ....... '_.(Seal) r---'--'--------- ----'------------------- --- .—._..-'-------------- .�{ --- (Seal) v -------- — -- ---------(Seal) Attest: DEC 0 5 1995 —_ --(seal) DIVISION OF Trustee. - GOASiFti bHADIAULIVI€NT-- Secretary. President. STATE OF NORTH CAROLINA, -------- --- ---............. ---...... ------ _------- COUNTY. This day of ________- 19—, personally came before me, who, being duly sworn, says that --- --- ---- ---------- knows the common seal ___.------------ and is acquainted with _— --------------- -- -------- —_ .—__, wh j is president of said cor- poration, and that _____.—_ the said— __— _ , is secretar of the said corporation, and saw the said president sign the foregoing instrument, and saw the said common seal of said corporation affixed to said instrument by said president, and that —, the said �, sign- ed —___.__—.—name in attestation of the execution of said instrument in the presence of said president of said cor- poration. Let the instrument, with this certificate, be registered. Witness my hand and seal this _.-___-.-.-.._..------- day of ......... _--_'—........ _........ —_—.--' Notary Public. Clark of Superior Court. Commission expires the --------- —_—day of ..... —_______________—__.____ STATE OF NORTH CAROLINA, __.—._N_eW---H om-ey_— COUJ�N%%�,.p�-- I, ------ - --` h/ It/ -------- -a Notary Public in and for the _-- county-and_st_ e aloresaid-� _--- - ----------- do hereby certify that-_____.!r_anCaS_n _Southerland__f-w.idnwL-___- -_._.._______—__.. J,, � �••pgF %1'yipppeared before me this day and acknowledged the due execution of the foregoing instrument for the :.` purpusp Arein expressed. ^ A� -? �AOTA ittess Ay hand and seal i __..—day of__—_ September, 1976 Illggary Public. Cl rk of Superior Court. 9? % / el Q`•••.oi+N�op`�expires the ---- of ------- 19. lee'448s1ere WAti��tOF NORTH CAROLINA, a .--__.N-FW-.HANO V-ER_-COUNTY. The foregoing certificate of Doric_ J. Wa ltony a Notary Publ 2f New Hanover County, is. certified to be correct. V14U"K1W99CMfi9XAi PQWaTthis.._._...3-------.day of----- --September ----� 1916.. -...-LO�s---H-.----LeAa -- ter--- ofDeeds —----- ------- ' Drawn by Addison Hewlett, Jr. By&h N�G(L7G¢�•tC� D puty ----- -------------------------- ----------- -------------- -------------------------- ----- -------------------------------------------- ---------------- ----------------- - -------------------------------------- --- - ---- ---------- ---------- -- - - -- --------------------- ------------------------- -- - - --------------- ---- -------- -- ----- --------- ---- ---- --------- ----------- .__LMaVj_aJV NVl lvisvoo - - - - - ---------------------------------- JO NOIS nKI ---- ----- - - ----------------------- - -------- - - - - -- - - -- --- - ---- -- - - - -- - -- 3Q- - - --- - - --- ----- - - - - ---- ----- --- -- --- ------ ------ --- - - - --- -- together with all ar d singular, the lands, tenements, easements and appurtenances thereto belong- ing, or in anywise a ppertaining. TO HAVE AND TO HOLD the above granted and described premises, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said part__ ies_ _of the second part_their_heirs and assigns, in fee simple, FOREVER. And the said p 'rt------- X____of the first part, for______________ her _ _ —heirs, executors and administrators do___ es. ------- covenant to and with the said part__ies_ of the second part_their heirs and assigns, t at ----- she--- is _ --_ _ seized in fee of the above granted and described premises, and ------ She ------- ha_s ------- good right, to sell and convey the same in fee simple; that the same are free and clear from any and all encumbrances, and that -__she__ --- _-------- will heirs, executors and administrators shall WARRANT and DEFEND the title to the same against the lawful claims 4d demands of any and all persons whomsoever. 6011x/ ADM11"1E,,o RcCOf1D ai u-1074 FAq 607 60K RLE STATE OF NORTH CAROLINA : 3 2 is PH'76 S.S.-WARRAzDEED New Hanover i .1 11Y - ---- --- - ----------------- - - COUNTY FIi4R !,'LW 11Aiil:lCh C0.,N.C. THIS INDENT RE, Made this ------- of- ______-___._September A.D., 1976__. Fces D. Southerland (widow) by and between- ----- --ran ---------------------------------•------------------------------------------------------------------------------------ - -------- - - - - ------------ ------- — ----- - -- --------------------------------------------------------of---- -------Pgrtsmoutkl--------------------------------------County of --------------- ----------------- -------------------------------------- and State of ------- Virgi _i- -------- -__-_ of the first part, and ..... Billy B. Southerland and in the County of___ _--_____-____-_-_--_.and Statj� Texas _ of the second part. ��l DEC0" �995 — WITNESSETH That the said partY----- of the first part, for IM 4§19 tWifration of the sum of ---Ten--- COASTAL MANAGEMENT ------ --------- ---------------- ------------------- Dollars and other valuable considerations to ----- her in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, ha_s_------------ given, granted, bargained and sold, aliened and conveye , and by these presents do_e_a- -------- hereby give, grant, bargain and sell, alien, convey and confirm unto the said part-19-I.S--- of the second part and to_— their_-_ __ _ heirs and assigns forever, all that certain lot of land situated, lying and being in-Masonboro Township_ County Of______ N 39 anove----______----------------and State of North Carolina, bounded and described as follows to -wit: -- -------------------- -------------------- TRACT ONE: B GINNING at the intersection of the Southern line of _dirt_f road a stake in the dividing line between the Dudley Rogers Tract nd the Alice O. SoutTie_rTa_nc--- Iracf; runri ngh�n�e -from--swirl--Be rring--pe n-t-N-erth---55° 32' Wert -2-15.feet- to-Apninf'. _thence South__28°_18' West 53 feet to a point; thence North 610 ------------------- - -- --- . 42' West 745.0 feet to a point in -- tide cen£er ocean oTd-roa3;-- tTiz�iT -Soutar 28-°---OS--Wesb--i4-0---€eet--te---a--Pei-nt;---tihen4ae-South- 63_0-111. East--- 1123_0... feet_t a point in the WEstern line of a dirt road; thence North 220 25' East 137 feet to the point oTegiririirig--Ana-being •that --- same --- property- eon-veyed-ty-Augu-&t-a--S-.--ZL!ner-,--et--- ux-,__et_a1s------- to Victor R__Southerland and wife, FrancesD. Southerland, by deed recorded in B ok 511 at Page 193, of the New Hanover--- C"onriEy-Regis at a at low Water New Southerland; lthence runn line ;--99f�-fe-oalt--to--t-he---ea eastern line of said road, 28 —fivra swirl po is said ro £art -_ 3_ll__k>_ rof__and_44___f 990 feet to the West side --thence --- Ntrrt ardiyi---along-- O. Southerl recorded in int in the western line of Myrtle Grove recorded in Book 3'47, at Page 298, of - ay ...----•----------o ------ s, said stone also--marking""a"-dvsi -he--pa-rtty--o-f----t4ae-f-isst--paxt--heeec-f,-_a ------Robert Roberts, now owned by William ----------------------------- - Westwardly, parallel witTi-said 33vis line; thence Southwar-__dly__, along said" -------- -------------------- 4 feet when measured at riiiTif-snares Southwardl_y from said first call hereof yrtle Grove Sound at low__water--mark; Ln9..____.Anti__be_iRg--- that_same___aropert_y_-conveyed by Alice (widow) to Victor R. Southerland and wife, by deed _ c 439, Page 59, of the New Hanover County Registry. 62 UNITED STATES POSTAL SERVICE I II II I Official Business PENALTY FOR PRWE USE TO AVOID PAYMONT OF POSTAGE, W DEC 2 8 1995 Cp DiVISIOIVOF ASTqLMANgGEMENT Print your name, address and ZIP Code here Ssa // / - RDr tj / I 's'n 340� ° SENDER: p• Complete items 1 and/or 2 for additional services. p Complete items 3, and 4a 8 b. • Print your name and address on the reverse of this form so that we can tD return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. C • Write' Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date Gdelivered. 4°0 3. Article Addressed to: fn( 4a. An I also wish to receive the following services (for an extra u fee): S 1. El Addressee's Address y 2. ❑ Restricted Delivery insult postmaster for feee�. F 7�cc ' 3 E {/CW) NiG Service Type r�l El Registered ❑Insured O Q ' I D 1YCertified ❑COD ❑ Express Mail ❑Return !1 !!! r^�.! / h( (� 7. Date of Delivery Marche Q / V l� T!J Z o- c 5. Signa e 1 dresseel 8. Addressee's Address (Onll and fee is paid) H S 6. SignaturIA, 5 e n 7�1 O c O a c for ested Y C s I— a' PS Form 11. December 1991 *U.S. GPO: IM-352-714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business WNALTY FOR PRIVATE Q USE TO AVOID PAYMENT .y FOOF POSTAGE, $300 so � a, C �9n G2 .Print/your name, addrb bnd Zlp'�6tJe}fere• �''1 �i O v uT,d 'W /� N� S5d L( a E p rA✓ Pr, � D w Irc - "2 y�e m SENDER: W• Complete items 1 and/or 2 for additional services. I 8150 WISh to receive the O • 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): m return this card to you. m • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y° does not permit. • Write"Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery G • The Return Receipt will show to whom the article was delivered and the date G delivered. Consult postmaster for fee. m o 3. Article Addressed to: Iµ' r ' �bejj �7 �S J W E 7� F/�(1 /ry1 /,,y/ 8 F. f u l ' F' 1 — "' � Service Type N o ' A �}t-.� 4b. ❑ Registered El Insured 0 5 offCertified El COD f 1 J n/ ,\ Q ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date Delivery w of 2-0 6. S' na ure ddress 1 B. Addressee's Address (Only if requested Y and fee is paid) F L ~ K 6. Signaturq' nt) _,f - j O //�I—� > PS Form ,December 1991 *<u.s. Po:less—asz-T14 DOMESTIC RETURN RECEIPT w B964074 rMr. StE'9 IN TESTIMONY WHEREOF, the said______ Frances D. Southerland (widow) Frances --------------------------------------------------------------------------- do.--- eS- hereto subscribeher ---- name ------- ------------ ------------ and affix ....... ._her ------------- seal --------------- the day and year first above written. �- (� WY.-c_•Z. ___-- r4.l—t-i,2*s4...(Seal) Signed, sealed and delivered in the presence of ------------- -- ......--................ ... ...... 77TM TF --- ----------- -- ------------._(Seal) Attest: DEC 0 5 1995 (seal) -------------- ------ DIVISION OF Trustee. --COASTAL MANAGEMENT ---------'-----'— --------- -------_'—'--'-- By - Secretary. President STATE OF NORTH CAROLINA, ----------_—_--COUNTY. This_ _—day o4— ___ 19—_, personally came before me, .. who, being duly sworn, says that ---- _.._.._......... knows the common seal and is acquainted who is president of said cor- poration, and that -________-_.--_the said —_—__—_._ is secretary of the said corporation, and saw the said president sign the foregoing instrument, and saw the said common seal of said corporation affixed to said instrument by said president, and that-__—__________, the said_____. ...... .______ sign- ed -____—.—_-name in attestation of the execution of said instrument in the presence of said president of said cor- poration. Let the instrument, with this certificate, be registered. Witness my hand and seal this__.__._.----- _---------- day of-_. 19___._ _ Notary Public. Clerk of Superior Court. Commission expires the..__ .............. day of ........... _---- ------------------ -------- 19__..__.. STATE OF NORTH CAROLINA, I, A L1/cAw--1elci a Notary Public in and for the — do hereby certify that --------- -F-r-ances--D-.--Soul-herlanrl ---jwjdaw_j._-------- ------- ``�```O��S ••yip �.pppeared before me this day and acknowledged the due execution of the foregoing instrument for the .` •• purpbsR6rein expressed, ^ C:DTA I ss fly hand and seal his -----__—.day of ---- --- _.__-----September -------- 1976_. ------ �----------------------- v y9 8 L ; �• ` liggary Public. Clerk of Superior Court. •++ 'c��b�'•�r-eut�µJfop`�exp3res the --___day of.-------- --------------- -----, 19--. "AVE OF NORTH CAROLINA, ----------- The foregoing certificate of Doris J- Waltoni a NoiEary Public of New Hanover County, is certified to be correct. 7�R>Se itdCyX7faY�b7L�ii s]GaTthis ..- ------ a ------------ day of ............ ............ September ---- ------------ ------------- - 1916-. -- _-----------LQ-ia....C_ ---- LeRay ---------------------- -- - --- Drawn by Addison Hew]ett, Jr. Register of Deeds By C�f,CJ/lO/ .' I /��.(�P-L.6.c� Deputy ------- ---------- _ Aav4a-abERY- IViSVOO =10 NOISIA14 together with all and singular, the lands, tenements, easements and appurtenances thereto belong- ing, or in anywise appertaining. TO HAVE AND TO HOLD the above granted and described premises, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said part ---- ies __. of the second part their- _heirs and assigns, in fee simple, FOREVER. And the said part ------- Y------ of the first part, for --------------- _her heirs, executors and administrators do_ -_es ------ -covenant to and with the said part -___i?s ---- of the second part -their_ heirs and assigns, that ----- she--- is __ ---_ seized in fee of the above granted and described premises, and ------ she ------- ha--s------- good right to sell and convey the same in fee simple; that the same are free and clear from any and all encumbrances, and that .___S_lie --------------- will and ---- heirs, executors and administrators shall WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. STATE ADHITTF0 TO RF ORD 3oo1074 FA;E M 8O FK,, ..._.- I _. CAROLINA 3 2 16 PM �76 S.S.-WARRA DEED �y COUNTY ;:1R cf; CO., N. C. THIS INDENTURE, Made this __----- n-----__day of__________September A.D., 1976__- by and between ___---- Frances D. Southerland (widow) ---------- OF NORTH ___New Hanover -- -- . -Portsmouth ------ ----------------------------------- County of ---- State of ....... Virginia____-_ of the first part, in the County of the second part. Billy B. Southerland and - -- - --------------- Texas DEC 0 5 1995 WITNESSETH, That the said partY----- of the first part, for gig 1MIM 614ffration of the sum of ---Ten--- COASTAL MANAGEMENT and other valuable considerations to .... her in hand paid by the said parties - of the second part, the receipt whereof is hereby acknowledged, ha-s------------ given, granted, bargained and sold, aliened and conveyed, and by these presents does ---------- hereby give, grant, bargain and sell, alien, convey and confirm unto the said part le_s___ of the second part and to ....... their........... -_heirs and assigns forever, all that certain lot of land situated, lying and being in__Masonboro-_Township County of_______New_�Ia iwv_er__—__-_-------___— __and State of North Carolina, bounded and described as follows, to -wit: TRACT ONE: BEGINNING at the intersection of the Southern line of the Southerland Road with the F7estern Tine o� a cTirf-Iio £d--aYsa being North 2�°-25'—nsa�='z -€eet-along--the --Wastern-l-.i-ne__n£said------ dirt road from a stake in the dividing line between the Dudley ----------------------------------------------------------- - - Rogers Tract and the Alice O. SoutherranTfiracf � ruiininq--the]i�------- -from --- ai-d --- Beginning---p© n-t---Rerth---55°- -Weser-2-LS-£eet-_tn a _pnixLt,--- _thence South 28° 18' West 53 feet to a point; thence North 610 po -- ------------------------------- - - 42' West 745.0 feet to a point in -the ceriter--of --an o�13--roa3;--- Mence -South- 28-a---075`-We-st--140-€eet--te---a--- .Eas_t------ 1123.0 feet to apoint in the WEstern line of a dirt road; thence North 220 25' East 137 feet to the point o-�eginriing.- Ah-TTiein -that --- s-an*re --- prcrperty---cc>rtveyed—b�--Au4gu&ta--S,-4Li:n8r,,—et---ux ,--2t.--aLs---_--- _toVictorR.-_Southerland and wife, FrancesD. Southerland, by deed ------------------------------------ ---------- - - -- - recorded in Book 511 at Page 193, of the New Hanover-County-RWi:fft-r _TRACT TWO: _:BEGINNING at a point in the western line of Myrtle Grove - ---- ---- --- --a- Ei- ------------------ Sound at low water mark 75 feet Sout i�dly--from -a--stone marking'--'-- --t_he---be gi-nning---cerner---o-£---a--deed--€rem--the--Aaz ty-e£-the___£irst--parti-------- _hereof__to__Augusta__M._ Piner, recorded -in Book 347, at Page 298, of the New Hanover County Registry, said stone also marking --a d V1i§1 n -corner---between--tare 3 sad s o---t-he---ty---o-€---the- €i r-s€.--paxt__hereof_,__and -_the --- lands__ formerly__ owned by Robert Roberts,- now _owned by William Southerland; thence running Westwardly, parallel with--adff--a vision line , 99ft feet -to -- the --eastern--edge-a€---a- mead- leachng--- f-ram--- --- raad.---_ __aiong --- r_-near__said__di_vision_ line; thence Southwar_dly_, along said eastern line of said road, 44 feet when measured at right angles----- 28 --frvm said-gairrt in safd road; the,riraastward3}�,--parsl-lal--with---the --- Ur -at _-Ca-ii-_-bereof__and 44 feet Southwardly from said first call hereof - ------i----------------------------- 990 feet to the West side of Myrtle Grove Sound at low water --mark; --tirerro-e--'Narthwardiy-; --- slang --- s-ald--- low-water --;Dark- ©£-- said --- sound--t a --the __.paint___of__aeginnin_g.----- And,__be_ing--- that --- same --- proQertyconveyed__by Alice 0. Southerland (widow) to Victor R. Southerland and wife, by deed recorded in Book 439, Page 59, of the New Hanover County Registry.