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HomeMy WebLinkAbout141-96 Suggs, Cecil & ArlenePermit Class Permit Number NEW STATE OF NORTHCAROLINA Department of Environnie`nt ITealth°8c Natural Resources % Major Development in an Area of Envicorimental Concern pursuant to NCGS, 113A118 r=' ; .a % __u Excavation and/or filling pursuant to NCGS 113-229 Issued to Cecil & Arlene Suggs, 217 Marsh Hen Drive, Wilmington, NC 28409 141-96 authorizing development in New Hanover County at Channel Haven Canal, off of the AIWW , as requested in the permittee's application dated 5/3/96 including attached work plan drawings, 2, dated received 7/19/96. This permit, issued on \ O — \ 5s — g to 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 bulkhead will not extend waterward more than 6 feet from the mean high water level at any point along its alignment at the time of construction. 2) The bulkhead must be constructed prior to any backfilling activities. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadrrien cables, etc. This permit does not authorize any excavation waterward of the approved alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. oger . Schecter, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cecil & Arlene Suggs ADDITIONAL CONDITIONS Permit #141-96 Page 2 of 2 5) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not beused. NOTE: The Division of Water Quality authorized this project on October 8, 1996 under General Water Quality Certification No. 3025. NOTE: The U. S. Army Corps of Engineers authorized this project under Nationwide Permit No. 18. Form DCM-MP-1 TrMAPPLICATIONUUL 19 1996 i JJ (To be completed by all applicants) DIVISION OF COASTAL MANAGEMENT b. City, town, community landmark 1. APPLICANT C���r�e�v�� a. Landowner: c. Street address or secondary road number 2 /7 /1 WEA1 Le, d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No Address 217 1,VAP.5,e A50 DAP, e. Name of body of water near t project e.g. river, N—�— State creek,s sound, bay)yc�>��9N/tid/11 City �i/,�t / c --CC V Zip ZV1592 Day Phone _2—Z Fax iR b. Authorized Agent: N4 Name COJ Address City State Zip Fax Day Phone TF CRIPTION AND PLANNED USE PROPOSED PROJECT M 3 1996 c. Project name (if any) eF-C',/ 45u�46 NOTE: Perrril %Q be issued in name of lands r(,), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County '4lyl r l��s6/e.— OF a. List all development activities you propose (e.g. )G E MEN -building a home, motel, marina, bulkhead, pier, and excavation and/or filllii acti ities. / ��lLr�fl t�1 b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be for public, private or commercial use? p'-11rd1/f_ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. ,.IIr 11-11 4 Revised 03/95 Form DCM-MP-1 JUL 19 1996 DIVISION OF COASTAL MANAb exis g wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) _ /D<X i 0 wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or t 14rJ U0 Cy_ AOMA) NWL /_ d. Soil type(s) and texture(s) of tract j = ,� e existing drinking wate supply source. e. Vegetation on tract �mm�y 19 DIVIS ON f. Man-made features now on tract - GTaL AN 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consua the local land use picot.) following 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 is the tract zoned by local government? claiming to be the owner of said property, then i Z 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? L,� Yes No (Attach zoning compliance certif+ca+e, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes _j,�- No Coastal Resources Commission Rule 7.1.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _1,,'- No Are there wetlands on the site? _ Yes ZNo Coastal (marsh) Other If yes, has a delineation been conducted? (Anach documentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary T(c -T, q, VV I �0 JUL 19 1996 J • 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 t sy+Fh n ti e has been provided. Name )( 1/ Addres E ' Phone �/DO�7����p' Name Address 2 * lv - Phone - 1 5 - Name Address Phone MA • A list of previous state or federal work on the project tract. Include permit permittee, and issuing dates. /3^y2-:D • 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. DIVISION OF c,TAI MANAGEMENT 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the ify that the information provided in this truthful to the best of my knowledge. 1996 _ Q/ RbF: is the -S day of %/ i ' 19—. �G E Ns, 'Name ��e, Print Name Q Signature % � ��> Lando r or Authorized Agent Please indicate attachments pertaining to your proposed project. /DCM ✓ MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 EXCAVATION c;�= AND FIL (Except bridges and culverts) L '012H,71?l MA 1 DIVI I In ��IJJJ J U L 19 1996 1; OASTAI�/ N OF MANA MAE VISION OF Attach this form to Joint Application for CAI @ q(r_ANAIf',11 Permit, Form DCM-MP-1. Be sure to 'complete ( EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be eicavated from bPl^w Describe below the purpose of proposed excavation or MHW or NWL in cubic yardti N A fill activities. All values to be given in feet. b. Type of material to be excavated iQ(.ar_ Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vege'ation9n (SAVs) or other wetlands? _Yes —No /4 d. Highground excavation in cubic yards —o4Z 4- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area A/ A b. Dimensions of disposal area ,el% c. Do you claim title to disposal area?� Yes _ No rT If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? — Yes . —No V If yes, where? / Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastakwalands If yes, (marsh), SAVs or other wetlands? 9 (1) Amount of material to be placed in the Yes No A/04 n�, water ��J JUL 19 i� (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes No DIVISIO;'^ Rtomose of fill /t% COASTAL MANAGL 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ✓" Bulkhead Riprap b. Length __.... c. Average distanceyyaterward of MHW or NWL _ V d. Maximum distance waterward of MHW or NWL e. ' Shoreline erosion during preceding 12 months • ^� 1� !! (Source of information) r7-aOiYrt£C f. Type of bulkhead or riprap material /ne Yr g. Amount of fill in cubic yards to be placed below water level 'l (1) Ripra /y fi k A (2) Bulkhead back ill h. Type of fill material T i. Source of fill material �A/22-o Z Ai 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fip material be brought to site? Yes No , )� b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Q Yes No Ng If yes, (1) Dimensions of fill area (2) Purpose of fill — _r MAY 31996 5. GENERAL _-A1JNZANAGF_14EN 1 a. How will excavated or fill mat ial a kept on site and erosion controlled? c _ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? / n <l _ 5/Q7vc�i" % c. Will wetlands be cr3ssed in transporting equipment to project site? Yes _-'�No If yes, explain steps that will be taken to lessen environmental impacts. (f I (f 50�A Applicant or Project Name Signature Date Revised 03/95 MM � °tea JUL 19 1996 D DIVISION OF COASTAL MANAGEMENT u �e 0 cG� (�-ARlrpesup%SC� 217 fn#X 4y b2 D >o T a) C� rn o 5 >1 C-5n D� S1 Z o m T� co y co K rn &11C heoJ yo'lX S�X5� %o LNG — yXY - z x7/er � A1wvE M ff Wes, NLW /'�cCow A) !37 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD APPLICANT: Cecil & Arlene Suggs COUNTY: New Hanover LOCATION OF PROJECT: Adj to Channel Haven canal at 217 Marsh Hen Dr, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/19/96 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: Tere Barrett DISTRICT MAN DATE APPLICATION PUBLIC NOTICE RECW.. A ADJ. RIP. PROP APPLICATION C) 75 DAY DEADLINE: [h- MAIL OUT DATE: 2 - 1 3 - % 4 FEDERAL DUE DATE: DISTRICT OFFICE: Wilmington FEE REC'D: $ OF NOTICE DATE: DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: — / FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 10 —) t-1 6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office /„ Div. of Community Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History A. _ Div. of Env. Health Div. of Highways Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries - 9 Recommendations for State Permit - Cecil and Arlene Suggs I recommend the project be authorized as requested, contingent on the following conditions: 1) The bulkhead will not extend waterward more than 6 feet from the mean high water level at any point along its alignment at the time of construction. 2) The bulkhead must be constructed prior to any backfilling activities. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) 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. 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: Zoe D. August 8, 1996 Planner AAIT W A*4 m *y VA *)A C)FEE HNFi John R. Parker Major Permits Processing Coordinator Cecil & Arlene Suggs Project Location: Adj to the Channel Haven canal at 217 Marsh Hen Dr, New Hanover Co Proposed Project: The construction of a bulkhead wall and backfill same with rock to stabilize the shoreline Please indicate below your office's position or viewpoint on the proposed project and return this form by August 29, 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. This office objects to the project for reasons described in the attached comments. 6 tv SIGNED DATE 0 127 rdinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer AT44351� �EHNF� MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator cc: P Pate, CR Stroud,Jr., T Barrett FROM: Zoe D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review; New Hanover Cecil and Arlene Suggs/Channel Haven Canal Bulkhead & Fill DATE: August 26, 1996 This permit consistency opinion is based on my review of the Suggs permit application, the Field Investigation Report (T. Barrett, 8/07/96), and my understanding and interpretation of the policies presented in the Wilmington/New Hanover County 1993 Land Use Plan. The applicant proposes to construct a bulkhead on the line of a (removed) failed bulkhead. The new bulkhead would align with adjacent bulkheads, would be 6' waterward of the mean high water mark, and would be backfilled with rock riprap. The location and complete description of the project are in the Field Investigation Report. LAND USE CLASSIFICATION: Conservation/Resource Protection CLASSIFICATION DESCRIPTION: Conservation areas should be preserved in their natural state with the possible exception of water dependent uses and exceptional development proposals which preserve the natural functions of the site. Resource Protection areas provide for the preservation and protection of important natural, scenic, wildlife and recreational resources. RELATED POLICIES AND IMPLEMENTATION MEASURES: 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(4) SHORELINE EROSION CONTROLAND CHANNEL MAINTENANCE PROJECTS SHALL BE SUPPORTED ONLY WHERE: a. No significant adverse impacts will occur on shoreline dynamics; b. Significant economic or recreational benefits will occur for planning area residents; and c. The public shoreline will be the primary beneficiary in erosion control projects. 1.2(g) THE CITY AND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE PROPERTY OWNERS. 1.2(10) THE CITY AND COUNTY SHALL SUPPORT STRICT ENFORCEMENT OF STATE REGULATIONS FOR DREDGING IN PRIMARY NURSERY AREAS. 1.2(14) BULKHEAD CONSTRUCTION ALONG OUR MARSH WETLANDS SHALL COMPLY WITH ALL STATE AND FEDERAL REGULATIONS. CONSISTENCY OPINION: The County s land use plan emphasizes the protection and enhancement of coastal water quality. This project will be consistent with the Land Use Plan when the application has been reviewed by required State agencies, all comments considered and all permit conditions met. It is important that water quality not be placed in jeopardy during construction of this project, especially since the water from the canal flows into a designated SA-ORW. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Jame9B. Hurl,Jr., Govemar Jonathan B. Howe& Secretary A. Preston hbward. Jr., P.E , Director 4PPROVAL or 401 Water Quality Certification r �Ui And M;. Arlene Suggs,, 21 nDr• / Wtimotgton. NC 2K409 Dear Mr and !vis Suggs A�Ma L7FEE HNF1 You have our approval to place Crll material in 240 square feet of waters for the purlxtsc of corsuvcdng a bulkhead with Milt at 2:7 Mash Hen Drive, as you described in ;+our application dated 21 August 1996. After reviewing your application, we have decided that this fill is covered by General water Quality Ceitification Number 3025. J'his approval is only valid for It! purpose and design that you described in your application. If ya: change your project, you must notify us and you may be required to send us a new application. For Its approval to be valid, you must follow the conditions listed in the attached certification In aldiuon you ;ho-:IJ get ary other federa:, state or :oral permtc, before •.�;) gt, at nd Aiit, u i r-- e t. If you do not xcept any of We wudiuoto of dtis te::Oticauvn, you urn.+ n,k t•sr a!, a,tju.ii,atc. heanng. You :rust act within 60 days of the date that you rec'ive this letter To ask fiv a hrarina, written petition which conforms to Chapter 15013 of the North Carolina General Statutes to cae Offl e c f Admmais'radce Hearings, P.O E,s 27447, Raleigh. N.C. 27611-7441 This _-�--tiflcgtior and i;i ondiuons are :ice) and bindivi unless you ask for a hearing. 'llis letter Coutpletes !ht :eview of the Division of Water Quality ur»14- Sevv n 40; ut I;e t Waver Act. If you have any questions, please telephone John Dorney at 919-733.1730. AttaCliMCM cc: Wilmington District Corps of Engineers Corps of Engineers W ilmumgton Fled Office Wilmington DWQ Regional office --- Mr. John Domey Central Files rSincere!v, I ston ward, it P,E. V John Parker DCM Post -it" Fa. N ,T If . to Z r�A-c f 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 August 14, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator :)EHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Cecil & lene Suggs PROJECT LOCATION: Adj. The Channel Haven canal at 217 Marsh Hen Dr Pao. e.. zt , New Hanover Co. PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 4, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed �� Date S �.— -- FAX 919-733-1495 Raleigh, North Carolina 27611-7687 r� C An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50%recycled/100/ post-consumerpaper W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 13, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries EDEHNFR AUG 15 M DMF-PUB. TRAUBLANDS FROM: John Parker Major Permits Processing Coordinator Lfl,� SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Cecil & Arlene SuggsPROJECT LOCATION: Adj. Channel Haven canal at 217 Marsh He PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock to stabilize his shoreline. 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. C✓ It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. j Ai//I is �^i D/i.✓/o. oN 7`/T �.�0 /r�6T .�D,�,id� oDiivio.Ys ,Oo Signed - Date /1 /fGOM rl ¢/Vp 'If- t= 0/f C5< O.C.L,OS /y/7 �G, t36ay d • 91"17 FV- ao L-*� Ae /04cL4 i,t,/ P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Afflrmafive Action Employer Raleigh, North Carolina 27611-7687 Nr Voice 919-733-2293 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: August 8, 1996 Mr. William A. McNeil, Director Division of Community Assistance &A E)FEE HNR John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Cecil & e Sugg Project Location: Adj to the Channel Haven canal at 217 Marsh Hen Dr, New Hanover Co Proposed Project: The construction of a bulkhead wall and backfill same with rock to stabilize the shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 29, 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 req kAlUG 121996 REPLY: This a cy has no objection to the project as proposed. COASTAL MANAGEMENT his agency has no comment on the proposed project. This agency approves of the project only if the recommended incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 4SIGNE DATE g A /9 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer St—afe---oT 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: Proposed Project: August 8, 1996 Mr. Charles Gardner, Director Division of Land Resources AJA E)FEE HNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Cecil & Arl ne Suggs, Adj to the Channel Haven canal at 217 Marsh Hen Dr, New Hanover Co The construction of a bulkhead wall and backfill same with rock to stabilize the shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 29, 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 RECEIVED AUG 20 1996 COAS(AL MANAGEMENT SIGNED 1 DATE 16 , I99 9 9 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Stat�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 August 14, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator IRA 1, •: EDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Cecil & Arl Suggs PROJECT LOCATION: Adj. The Channel Haven canal at 217 Marsh Hen Dr., New Hanover Co. PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 4, 1996. If you have any questions regarding the proposed project, please c pt; q�/n Parker at 733-2293. When appropriate, in-depth comments with supporting data are _ I- . _' AUG 21 1996 ,REPLY This agency has no objection to the project as proposed . 1 """"- r � MA;:'A�cnEtlT � This agency has no comment on the proposed project. s:-, .pie`/ This agency approves of the project, only if the recommended incorporated. See attached. This age n ob' is t the project for reasons described in the attached comments. Signed Date 9- l 5 P.O. Box 27687, �FAX 919-733-1495 C An Equal Opportunity/Affirmative ACTIon Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 50% recycled/10% post -consumer paper IA 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 August 12, 1996 131 d3 C17 %741z1111131 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator AANA A EDEHNFR 'AUG 14 1996 DMS ON of tMTC—;l R6S0U0CFS SUBJECT: CAMA/DREDGE & Permit Application Review APPLICANT: Cecil & Arle S gs PROJECT LOCATION: Adj. The Channel Haven canal at 217 Marsh Hen Dr., New Hanover Co. PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 4, 19%. 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. k This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached Signed P.O. Box 27687, N C Raleigh, North Carolina 27611-7687 Voice 919-733-2293 Date d'l/[l%l FAX 919-733-1495 An Equal Opportunity/Affirmative 50% recvcled/ 10% post -cons State Wth Carolina art �e Nt of Environn,ii n- , Nctural Resources • August l 4, ` I Dlv. OF EN4.; ,, 'R E MEMORANDU1 TO: Ms. Lima Sewall; Director Oivisio!i of Environmental Hcallt , IWY Of F FRONT: John: Parker, Jr Alajor Pemtits Processir_ Co admatoi SUBJECT: CANT-AiDREDGE & FILL Permit Application RCvietr' APPLICANT: Cecil & Arlc a Sugtis PROJECT LOCATION: A(dj The Channel Haven .-aural a = 17 Ma!•sh Hen Dr.. Ncw Hanover c'o PROPOSED PROJECT: To consttu�t s hul! nrau v:alk and baek2ill same �iith rook. �CnC' '�9 O�1t10!� O' �: !C'. Oirt CQI the ropused �l Q,�u,t arld I'erlirIi t!.i2 ron'n 1J P a ;,, ,; ate below your aG p Y l SePtc. m!,er 1, 1996. If you have any questions .era-c;ine tile proposed proje.;t_ please contaci J- In at L, t. When appropriate, in-depth cormnents with ,+uppuning data are reque [ed. This agency has no io t6e prof CCi as proposed. This agency has no : otrimem on tho proposed project. This agency apprises of t':e project. only if ti:e recommended chaner-s rue incorporated. See attached .r This agency obllCrs w the proleci Ur reasons do scl+ed in the atiaehea �OIT :11Cr.;5. r\1 Si ned Date,- T F fflrmatr: e Acficn EmOoYer 10% post -consumer paper n_ . a.` 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 August 14, 1996 UTMTI ' 1Ul TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DRED FILL Permit Application Review APPLICANT: Cecil & Arlen Su PROJECT LOCATION: Adj. The Channel Haven canal at 217 Marsh Hen Dr., New Hanover Co. PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock. Please indicate below your agency's position or viewpoint on the proposed and return this form by September 4, 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. \v / This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 State of North Carolina DepErnment 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: Proposed Project: August 8, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries 4� C)EHNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Cecil & Arle e Suggs Adj to the Channel Haven canal at 217 Marsh Hen Dr, New Hanover Co The construction of a bulkhead wall and backfill same with rock to stabilize the shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 29, 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: his 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 CA Ain l DATE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer 4kate of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM A 'o"' IJ L )A �EHN1=1 3 September 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. WojciechowskiJ_/1_• SUBJECT: DREDGE AND FILL PERMIT Cecil and Arlene Suggs Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc RECEIVED SEP 121996E; P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director August 14, 1996 131Did 11J;71101111dI TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNFR SUBJECT: CAMA/DREDGE & Permit Application Review APPLICANT: Cecil & Ar ene Suggs PROJECT LOCATION: Adj. The Channe aven canal at 217 Marsh Hen Dr., New Hanover Co. PROPOSED PROJECT: To construct a bulkhead wall and backfill same with rock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 4,1996. 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. y 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 LDate 9 11 L2 C fQI EO SEP20 199g 0c MAN.•^:r T P.O. Box 27687, �. FAX 919-733- Raleigh, North Carolina 27611-7687 Nr� C An Equal Opportunity/Afflnnativ Voice 919-733-2293 a�*A�� 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cecil and Arlene Suggs 2. LOCATION OF PROJECT SITE: Adjacent to the Channel Haven canal at 217 Marsh Hen Drive in New Hanover County Photo Index - 1995: 22-249; Gr. 4M 1989: 178-24; Gr. 7D State Plane Coordinates - X: 23.43500 Y: 148250 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates, of Site Visit - 5/1/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 7/19/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation, Resource Protection (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned -None (F) Type. of Structures: Existing - Residence, Riprap, Docking system Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 0' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands None (B) Non -Vegetated Wetlands (C) Other Shallow Bottom 240 sf (D) Total Area Disturbed: 240 sf (E) Primary Nursery Area: Yes . (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant wishes to construct a bulkhead wall and backfill same with rock, to stabilize his shoreline. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cecil and Arlene Suggs 2. LOCATION OF PROJECT SITE: Adjacent to the Channel Haven canal at 217 Marsh Hen Drive in New Hanover County Photo Index - 1995: 22-249; Gr. 4M 1989: 178-24; Gr. 7D State Plane Coordinates - X: 2343500 Y: 148250 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/1/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 7/19/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation, Resource Protection (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned - None (F) Type of Structures: Existing - Residence, Riprap, Docking system Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 0' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands None (B) Non -Vegetated Wetlands (C) Other Shallow Bottom 240 sf (D) Total Area Disturbed: 240 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant wishes to construct a bulkhead wall and backfill same with rock, to stabilize his shoreline. Suggs Page 2 9. 8/7196 The project sit is located adjacent to an artificially created canal system serving a subdivision known as Channel Haven. This development is off of State Road 1492 in New Hanover County, adjacent to Masonboro Sound. The subdivision consists of single family residences on lots averaging 15,000 to 20,000 square feet in size. The average elevation of the project lot is 12' above mean sea level. The canal system is approximately 2450' in length, and ranges from 40' to 75' in width. Most of the lots on the canal are stabilized by bulkheads. The development has recently connected to the municipal sewer system. The property owners have private wells. The New Hanover County Land Use Plan classifies the project site as Resource Protection, and Conservation within the Area of Environmental Concern. The waters of the canal system and Masonboro Sound to which it connects are classified SA-ORW by the Division of Water Quality. The area is designated as a Primary Nursery by the Division of Marine Fisheries, and is closed to the taking of shellfish for consumption. The applicants property is 105' wide and 140' deep. There is a residence, dock, and riprap on the property (eastern half). The applicant received a General Permit to place riprap adjacent to the lot. After watching the riprap on the eastern half of the property subside, he has chosen instead to construct a bulkhead on the line of the failed wall that has been removed. This location would be in line with adjacent bulkheads, approximately 6' waterward of the mean high water line. This area was filled in the past as there was a bulkhead functioning until recent years. The proposal is to backfill the bulkhead with rock riprap. 10. ANTICIPATED IMPACTS The project as proposed.would incorporate approximately 240 square feet of shallow bottom area. This area has only recently had fill material removed from it. This incorporation is also Public Trust Area. The site had a bulkhead wall on this alignment until recently. The position of the wall is in line with adjacent shoreline stabilization projects. Submitted by: T. Barrett Date: 8/07/96 Office: Wilmington er pry + �n t3 it oa, uvvxo �` SNOREYO0M OHILLgo2 .ti TA +°FREE NA 0`\ io SIY v VILLA g _ R/W A014 C •C+q TAN O qi n•+LI �;WL x ESTS. �Oy/ 5 Q C III OOEN+YALIEY LOCATION MAP r(02"D JUL 19 1996 DIVISION OF COASTAL MANAGEMENT R/W .D R/W 57C MARSH HEN DR E STUART Y. BENSON & ASSOCIATES 708 MARKET ST.. WILMINGTON. N r 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 October 3, 1996 Cecil & Arlene Suggs 217 Marsh Hen Drive Wilmington, NC 28409 Dear Mr. and Ms. Suggs: i E)EHNFR This letter is with reference to your application for a Coastal Area Management Act Major Development and Dredge and Fill permit to construct a bulkhead wall and backfill same with rock, to stabilize shoreline on property located adjacent to the Channel Haven canal at 217 Marsh Hen Drive, 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 December f , �996 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, 4JoarZk�er Major. Permits Processing Coordinator JP/aw cc: Lynn Mathis DCM-Elizabeth City P.O. Box 27687, N �. FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper 11111110�& + 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 August 13, 1996 Ms. Ann Hines County of New Hanover County Inspections Dept. 414 Chestnut Street - Room #203 Wilmington, NC 28401 Dear Ms. Hines: [DEHNFR 4 RECEIVED AUG pg IN VHC +ue )'-PT. The attached application request for permits under the Coastal Area Management Act, and/or other State/Federal authorization is forwarded for your review and comment. We ask that written comments be submitted within three weeks of receipt of this submittal. This is the same review period allowed for State agencies. Necessary time extensions will be considered upon request. If we do not hear from you by the action date, we will assume that your office does not wish to comment. The Division of Coastal Management feels it is very important to have a given application record reflect the position of the local government. Under Rules of the Coastal Resources Commission, the Division must not approve applications if the project is inconsistent with local regulations or land use plans. Should you have questions on the content of this mailing, do not hesitate to contact me or the area field consultant for this project. JRP:jr/aw Attachment r � i Very sincerely John R. Parker, Jr. Major Permits Processing Coordinator RECEIVED SEP 5 1996 MAiWEMENT r-P Raleigh. North Carolina 27611-7687 1 f `;I Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 ll� - — 50% recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cecil and Arlene Suggs 2. LOCATION OF PROJECT SITE: Adjacent to the Channel Haven canal at 217 Marsh Hen Drive in New Hanover County Photo Index - 1995: 22-249; Gr. 4M 1989: 178-24; Gr. 7D State Plane Coordinates- X: 2343500 Y: 148250 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/1/96 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: 7/19/96 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover Land Classification From LUP - Conservation, Resource Protection (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned -None (F) Type of Structures: Existing - Residence, Riprap, Docking system Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 0' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands None (B) Non -Vegetated Wetlands (C) Other Shallow Bottom 240 sf (D) Total Area Disturbed: 240 sf (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant wishes to construct a bulkhead wall and backftll same with rock, to stabilize his shoreline. State ahNorth Carolina Department of Environment, Health and Natural Resources ` Wilmington Regional OfficeEr �(��° ODivision of Coastal Manage ^^�. )A James B. Hunt, Jr., Governor AUG 14 1996E H N F: = I Jonathan B. Howes, Secretary DIVISION OF Roger N. Schecter, Director COASTAL MA14AGEMENT 11 August 8, 1996 MEMORANDUM: m '9 GAO TO: Ann Hines, LPO New Hanover County FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Cecil & Arlene Suggs Project Location: Adj to the Channel Haven canal at 217 Marsh Hen Dr, New Hanover Co Proposed Project: The construction of a bulkhead wall and backfill same with rock to stabilize the shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 29, 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�o ob' ction 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. LAUG20SIGNED /� t� DATE 9-q -J1Cc 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 August 7, 1996 Cecil and Arlene Suggs 217 Marsh Hen Drive Wilmington, North Carolina 28409 Dear Mr and Ms Suggs: Fl*A C)FEE HNFi The Division of Coastal Management hereby acknowledges eceipt of your application for State approval for development of your property located a jacend t to the Channel Haven canal at 217 Marsh Hen Drive. It was received completed on 7/19/96, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 1, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, T. Barrett Field Representative TJB Enclosure cc: John Parker Bob Stroud Ann Hines, LPO Jeff Richter, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer P 609 244 467 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uao rm mlarnal"Im marl see reverse) SBn110� r Street a Number x2/ Ag-D Pos. t pfjce, Seale, 6 ZIP ode /mot r C_ f%f, Postage $ Certified Fee i) Special Delivery Fee Restricted Delivery Fee Relum Receipt Showing to Whom fi Date Delivered WWhom Al. vagefi :, $ -7c' J (mark r ele V; USQS. P L09 244 468 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uu nut use rot mrernanonal mall see reverse Sent 1 Street A Number 12/.mr /nA41&111sv P0s10t11, State, fi ZI Code Z�fo Postage $ Canified Fee / 0 Special Delivery Fee Resldded Delivery Fee u! Co ReWm Receipt Showing to Whom fi Date Delivered c wig to Whom. I,neS5 Ii Pall es $ . % S Posyiark or Dal 0 Y 1996 ay5 usPS JUL 19 1996 J DIVISION OF COASTAL MANAGEMENT LOT 68 .54 LOT 69 50' CANAL R/W S 70'21'00" E 105.00' R/W R/W o Lci 15' EASEMENT IOTE: all In Power Pole .W. Corner of R/W Iev. 19' R/W E.I.P. E.I.P. rA r co o LOT 55. n W o .� o o ,e.00• w o c%jto PROPOSED DWEUING o � Proposed Fin. Fl. .� 35.00' Elva. 21' o o rn o z ,e.00' AVERAGE GROUND ELEV. 18.0' S E.I.P. R/W N 70'21'00" W 105.00' 0 0 0 MARSH HEN DRIVE cr' SURVEY FOR .CECIL R. & ARLENE M. LOT 55 CHANNEL HAVEN MASONBORO TOWNSHIP LOT 56 N SUGGS U) C- c Z O DO cc rn-n m 3: co co m m z ­11173 D FINAL TITLE OPINION JUL 1 9 1996 Supplementing the opinion of the undersigned appearing on the reverse side hereof, we have uDVKC'�©'4amlflatlon above noted to ------ ------- at ___9:57_ A ___ M. The following exceptions are elimingt e)ASTAL MANAGEMENT None are eliminated. Subject to remaining exceptions the slated title In the above rod properly has been conveyed to or, as applicable, remains vested In uufld_r-d-------------------------------------------------------------------------------- having been so conveyed by deed from ---- RQy_ wr_ Brg4Q11 ilia Wife/- June_p__ Be l ---------------------- dated ___ Y-- 6�- 4-80• tiled ---- M_271-_12a$_______ at ___--_9 f 57_ _ ______________ M. and recorded in Deed Book ___1417_____, at page __0026______- JOnathan----------------------------------------- trustee, trustee, dated --- filedT�Y__26�_1988---• A deed o[ trust to __________ ---- Ma 27 1988 9.57 A ---------------.----------• ________y ____!------------------- at -_---------M. and recorded Inn Deed o[ Trust Hook 1417 at page 00 25 000 00 Ro W. Bevan andvafe June D._ Bra m_________________________ ---- securing an Indebtedness o[ $_____!_________-. In favor o[ _____%-------------------------f--------- Is of record and Is, in the opinion of the undersigned and subject to remaining exceptions. a first and prior lien against sold property. STANDARD 1. Interests or claims not disclosed by the public records, Including but not limited to: (a) Unrecorded Mechanics' or Materlatmen's liens. (Liens may be filed by persons or entitles furnishing labor or materials to ally Im- provements of real property within 12e days from the last day of performance and will upon perfection relate In priority to the first day of performance as a valid lien on real property.) (b) Unrecorded leases. (Under North Carolina law parties In possession of the premises under a verbN or unrecorded Iruuc of three years or less duration may remain In possession under the terms of the tenancy.) (c) Matters that may defeat or Impair title which do not appear on the record. (Evidence revealing missing heirs, forgeries. etc, cony not be on the public records, but such facts If properly established may Impair or defeat what appears to be a good title on the record.) that are not shown as existing ]lens by the public records. (t;overn- (d) Taxes. special assessments and other governmental charges mental charges may be made for acreage fees, tap -on fees, cost of weed cutting, demolition of condemned buildings and other mutters that are not shown as existing liens on the property by the public records.) (e) Unlisted personal property taxes. (If discovered, such taxes may be assessed as a lien on the subject property.) (O Matters occurring prior to and subsequent to the Inclusive dales of exandnallon. 2. Any inaccuracies and discrepancies which an accurate survey of the properly may disclose. (A survey, if procured from a competent surveyor or civil engineer, will normally determine whether Improvements lie within the boundaries of the property, whether existing utility lines, roads, or other easements cross the premises, and whether there are any encroachments.) 3. Security interests that may have attached to fixtures on the subject property as provided in Article p of the Uniform Commercial Code of North Carolina. 4. Compliance with any local, county, state or federal government law or regulations relative to zoning, subdivision, occupancy, use, con- struction or development of the subject property. 5. Federal judgments and proceedings filed only In the Federal Court. (Upon the ❑ling of a petition in Bankruptcy, title bt real property vests In the Trustee In Bankruptcy and notice thereof Is not always required to be filed In the County In which tine Bankl'upt owns prop- erly; federal condemnation proceedings may vest property In the federal government and notice thereof is not required to be recorded among the County records.) NOTE: The matters Included in Standard Exception Number One above set forth are Items that cannot be checked. Standard Exceptions numbered 2, 3, 4 and 5 are not Included In a normal search of the County records during examination of title. Upon special request additional investigation may be made, and Standard Exceptions numbered 2. 3, 4, and 5 can be eliminated. Any such elimination is evidenced by the Initialing of such exception in the left margin by the attorney opposite same, and items eliminated are referred to on the reverse side hereof by number. TITLE INSURANCE APPLICATION Title Insurance is applied for from the company for which the above opinion is issued on behalf of ( ) (1) the present owner, ____________ ______________________; ( ) (2) proposed purchaser, _______________________ Cecil_A--- Su98S,.-IIcunal"_Y1es1----------------------------------------- ( ) (3) proposed mortgagee, ------ ---------------- ___________ __ __________________ -------------------- , ey is requ re A registered surveyor's or civil engmeer'e drawing fe (�ls not ( )attached end when attached fneurance as to matters of survey Is required. . Loan 1e: FHA ( ): VA ( ); Conventional ( 1: Construction ( ); Other ( ) ----------------- D JUL 19 1996 - OPINION ON TITLE FOR DIVISION OF COASTAL MANAGEMENT Cecil R. Suggs -------------------------------------------------------------------------------------------------------------- Owner, proposed owner, mortgagee, title insurer The undersigned has carefully examined the record title on the__New_Hanov_er___________________ County (and municipal if within a uniclpality) records for the period shown below relative to title to the real property described below, and, In our opinion, ______________ ----------John_I2._Argan_.and -wife,-,7nanita-H--C)rgan---------------------------------------------------------------- ____ ____ arE---------- is/are the owners) of (state Interest or estate -marketable fee slmplc or otherwise) ______________________ ---------------------------Marketable _ £ee _ s i mnle--------------------------------------------------------------------------- erein subject only to the Special Information and Exceptions hereinafter enumerated or referred to and subject to the Standard Exceptions hewn on the reverse side hereof. iROPERTY DESCRIPTION: (Set forth as in instrument creating Interest or estate to be Insured, attaching copy of Instrument or additional sheet 9 nlCe998ry.) The Western one-half of Lot 55 of Channel Haven, as shown upon that map of said subdivision recorded in the New Hanover County Registry in Map Book 7 at Pages 59 and 60; being a parcel ad -joining 1bt 54 of Channel Haven with a frontage of 52.5 feet on the Norbhern side of Marsh Hen Drive and a depth between parallel line of 140 feet, more or less, to the right of way of the canal. Being the same property conveyed to James Daniel Sandy and wife, by those deeds recorded in said Registry in BWtcallN��ItgR7r6N41z ,ggqEfnoWok 915 at Page 409. 1. Ad valorem taxes are paid through and Including those for the year ___1987__; ad valorem taxes for subsequent years are a lien as of anuary 1 of each year and are excepted herefrom. Subject property is listed for ad valorem taxes for the year __ 19$$______ in the name of John D. & Juanita Organ _____,_______________ and is described on the tax records as 5000-07213-012-020041_----, __-W--I -2__55_Channe].-Ravin at a lax valuation of $---- 15,000._00, along with personal property valued at $----- -11=____---_. 2. The subject property is ( ); Is not ( ) subject to Restrictive Covenants. The Restrictive Covenants do ( ) do not (X) contain a eversionary clause; require a front set -back of 4_V.___ feet and a side set -back of IQ9Q__ feet; were recorded on Ma-rch_19--------- Ip_62 i Book 684 _, page _ A; and, according to the survey attached, are ( ) are not ( ) violated. A copy of the Restrictive Covenants Is ( ) i not (X ) attached. Map 3. There is (X) Is not ( ) a plat recorded in Bo6k __7___, Page _59_-, Registry of ___.New_HaI]Ll�ler_--------- County. The recorded dot does ( ) does not (X) show a building set back line of ______ feet and such setback• according to the survey attached, Is ( ) is not ( ) 9olated. 4. The subject property does ( X) does not ( ) have direct means of access to an adjoining public right of way. The subject property does does not (X) have means of access to a public right of way over a private easement which Is described above. 5. Standard Exceptions numbered _______________________________________ and initialed on the reverse side hereof are deleted. 5. Unpaid taxes, special assessments, state or federal tax liens, mortgages or deeds of trust, judgments, recorded mechanics' or materialmen s lens, decedent's debts and estate or Inheritance taxes and unadministered estates for decedent's dying within two years. Its pendens and related lending suits, easements, party wall agreements, oil and mineral rights, matters revealed by any indicated additional investigation made of Items through 5 of Standard Exceptions, and other liens, objections or defects, that are enumerated below: a) 1988 New Hanover County taxes are not yet due and payable. -b) Deed of Trust executed by William P. Austin and wife, Norma L. Austin to C.D. Hogue, Jr. Trustee for Cooperative Savings & Loan Association recorded September 30, 1977 in Book 1114 at Page 49 of the New Hanover County Registry securing the principal amount of $55,000.00. c) Aw.4ded Restrictions recorded January 9, 1964 in Book 752 at Page 253 of the New Hanover County Registry. d) Declaration recorded January 18, 1963 in Book 719 at Page 541 of the New Hanover County Registry regarding boat ramp rights. e) Agreement by and between Channel Haven Company and Quality Water Supplies recorded September 6, 1968 in Book 840 at Page 417 of the New Hanover County Registry. f) Easement to Quality Water Supplies recorded September 6, 1968 in Book 840 at Page 423 of the New Hanover County Registry. g r10311V139 JUL 19 1996 FINAL TITLE OPINION DIVISION OF _ ((��((��ASTAL MANAGEMENT the opinion of the undersigned appearing an lire reverse side hereof, we have updai'fd'.or examination above noted to 198E ______ at ---- 9-5fi_A_-_ M. The following exceptions are eliminated: 6b is eliminated. to remaining exceptions the slated title in the above real property has been conveyed to or, as applicable, renmins vested in Cecil R._SuggS,_ L$If[larrled having been by sees from _ John Organ and wife,_ Janita_H._ Organ-------------------, d!i«I ---WY_26,_19fl8_, X-------- at ----- 9.56_ A ______________ M. and recorded 1, Deed Book ___ 1417-_" • nt page __ QQ2.4-----' oftrust to_________________________________________________________________________- trustee, dated -------------------------- ----------------------------- at -----------------M. and recorded in Deed of Trust Book ----------------- at page ___.______- Indebtedness of $_________________ In favor of ___________ -_________________________________________________-________________- and is, in the opinion of the undersigned and subject to remaining exceptions, a first and prior lien against said property. STANDARD EXCEPTIONS terests or claims not disclosed by the public records, Including but not limited to: Unrecorded Mechanics' or Materlalmen's liens. (Liens may be filed by persons or entitles furnishing labor or materials In any mo- ats of real property within 120 days from the lost day of performance and will upon perfection relate In priority to the first day of nce as a valid lien on real property.) j ) Unrecorded leases. (Under North Carolina law parties In possession of the premises under o verbal or unrecorded Tense of three less duration may remain In possession under the terns of the tenancy.) Matters that may defeat or Impair title which do not appear on the record. (Evidence revealing missing heirs, fnrgel les. sic. nay not e public records, but such facts If properly established may Impair or defeat what appears to be a good title.. on the record.) I Taxes, special assessments and other governmental charges that are not shown as existing liens by the public records. (Govern - barges may be made for acreage fees, tap -on fees, cost of weed cutting, demolition of condemned buildings and other natters that are ,n as existing liens on the property by the public records.) Unlisted personal property taxes. (If discovered, such taxes may be assessed as a lien ran the subject properly.) I Matters occurring prior to and subsequent to tine Inclusive dales of examination. ny Inaccuracies and discrepancies which an accurate survey of the property may disclose. (A survey, If procured from a competent ' or civil engineer, will normally determine whether Improvements lie within the boundaries of the property, whether existing utility ads, or other easements cross the premises, and whether there are any encroachments.) aunty Interests that may have attached to fixtures on the subject properly as provided in Article S of the Uniform Commercial Code mmpllance with any local, county. state or federal government law or regulation relative to zoning, subdivision, occupancy, use, con- �. or development of the subject property. aderal judgments and proceedings Ned only In the Federal Court. (Upon the filing of a Petition In Bankruptcy, till! to real property the Trustee In Bankruptcy and notice thereof Is not always required to be Ned In the County In which lhu Bankrupt owns prop. eral condemnation proceedings may vest property in the federal government and notice thereof Is not required to be recorded among dy records.) he matters Included In Standard Exception Number One above set forth are items that cannot be checked. Standard Exceptions 2, 3, 4 and 5 are not Included In a normal search of the County records during examination of title. Upon special request additional ' Ion may be made, and Standard Exceptions numbered 2, 3, 4, and 5 can be eliminated. Any such elimination Is evidenced by the . of such exception in the left margin by the attorney opposite same, and items eliminated are referred to on the reverse side hereof TITLE INSURANCE APPLICATION ' 'once Is applied for from the company for which the above opinion is Issued on behalf of ( ) (1) the present owner, ____________ (2) proposed purchaser, _-_______________-_____ ( ) (3) proposed mortgagee, ______________________ ___________________________________________________________ as Insured(s). A registered surveyor's or civil engineer's JUL 19 1996 DD OPINION ON TITLE FOR DIVISION OF COASTAL MANAGEMENT ----- Cecil- R. Suggs - _ ......--------- titl' Owner, Vroposed owner, mortgagee, e insurer The undersigned has carefully examined the record title on the ----New--Hanover___________________ county (and municipal IL within a municipality) records for the period shown below relative to title to the real properly described below, and, in our opinion, ______________ ---- Roy-_W._Broma-x ld-mlfe-,_Zune'_Ii._-Br6MM----------------------------------------------------------------------------- _____________aYe____-_________ Is/are the owner(s) of (state interest or estate - marketable fee simple or otherwise) _____________-___-____ -----------------------------Baarketable _fee _simpleL -------------------------------------------------------------------------- therein subject only to the Special Information and Exceptions hereinafter enumerated or referred to and subject to the Standard Exceptions shown on the reverse side hereof. PROPERTY DESCRIPTION: (Set forth as In Instrument creating Interest or estate to be Insured, attaching copy of instrument or additional sheet as necessary.) The eastern one-half of Lot 55 of Channel Haven as shown on the map thereof recorded in Map Book 7, Pages 59 and 60 in the New Hanover County Registry, being a parcel adjoining Lot 56 of Channel haven having a frontage of 52.5 feet on the northern side of Marsh Tien Drive and a depth between parallel lines of 140 feet more or less to thb right-of-way of the canal. SPECIAL INFORMATION AND N.XCI: ,TiO1NN 1. Ad valorem taxes are paid through and Including those for the year 1987----- ; ad valorem taxes for subsequent years are a Ile, as of January 1 of each year and are excepted herelrmn. Subject property is fisted for ad valorem loxes for the your __-. ___];9$$_ In the mane of _Rf]y_/ml _W._Brf]van_EtIm_________________._____-___-_____ and Is described on Elko lax records as .5000-0.7213-Q12 D210Il$-____. _E._l/_2__55_Cbael_Haven___ at a lax valuation of $____ 7 , 5.�11.110__. along with personal properly valued tit F.__..___.-(]-__-___. 2. The subject property Is (X) is not ( ) subject to Restrictive Covenants. The Restrictive Covenants do ( ) do not (X) conlnln n reversionary clause; require a front set -back of 0___ feet and a side set -back of M _ feel; were recorded on .14=11_ 19_______- IEGa. In Book __6@$ page and, according to the survey attached, are ( ) are not ( ) violated. A copy of the Restrictive Covenants Is ( 1 is not (X) attached. 3. There Is (X) is not ( ) a plat recorded in Boaok 7 Page 59 Registry of --New-Hanover ----------- County. The recorded plat does ( ) does not ( X1 allow a building set back line of ------ feet and such setback, according to like survey attached. Is ( ) la not ( ) violated. 4. The subject property does IX ) does not ( ) have direct means of access to nn adjoining public right of way. The subject property does ( ) does not (X1 have means of access to a public right of way over a private ensennent which is described above. 5. Standard Excepthins numbered _______________________________________ and Initialed on the reverse side hereof are deleted. 6. Unpaid taxes, special assessments, state or federal tax liens mortgages or ideeds of trust, judgments, recorded mechanics' or malerlalmen's liens, decedent's debts and estate or Inheritance taxes and unadinlnlstered estates for decedent's dying within two years, Its pendens and related pending suits, easements, party wall agreements, oil and mineral rights, matters revealed by any Indicated additional investigation made of Items 2 through 5 of Standard Exceptions, and other liens, objections or defects, that are enumerated below: a) 1988 New Hanover County taxes are not yet due and payable. b) Amended Restrictions recorded January 9, 1964 in Book 752 at Page 253 of the New Ilanover County Registry. c) Declaration recorded January 18, 1963 in Book 719 at Page 541 of the New Hanover County Registry regarding boat ramp rights. d) Agreement by and between Channel Haven Ccnipany and Quality Water Supplies recorded September 6, 1968 in Book 840 at Page 417 of the New Hanover County Registry. e) Easement to Quality Water Supplies recorded September 6, 1968 in Book 840 at Page 423 of the New Hanover County Registry. f) Ten foot drainage easement across the Northernmost portion of lot that directly abuts the 50 foot canal right of way as shown on recorded map in Map Book 7 at Pages 59 and 60 of the New Hanover County Registry. g) Permit to Southern Bell Telephone and Telegraph Company recorded January 18, 1962 in