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HomeMy WebLinkAbout55-13 Haigh, CharlesPermit Class NEW Permit Number 55-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RECEIVED Coastal Resources Commission Verit MAY 2 0 2013 S for DC!gAIIO Clry X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Charles T. Haigh Jr., 506 Rush Road, Fayetteville, NC 28305 Authorizing development in Pender County at Topsail Sound, 1136 Anderson Blvd., Topsail Beach , as requested in the permittee's application did 11/19/12 (MP-1) & 2/4/13 (MP-2)incl'g the att'd workplan drawings (7), 4 dtd 2/4/13, 1 dtd rec'd 3/13/13, 1 dtd 5/30/11, 1 did 10/26/12 & AEC Hazard Notice did 11/19/12 This permit, issued on May 14, 2013 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the single family residence, driveway and retaining wall, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) All buildings in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square, and shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. (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 Division approval. All work must cease when the permit expires on December 31, 2016 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 DENR and the Chairman of the Coastal Resources Commission. Br4fdh C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Charles T. Haigh Jr Permit #55-13 Page 2 of 3 ADDITIONAL CONDITIONS 3) Qeisted initiation of construction within the Ocean Hazard AEC, a Division representative shall static line, the first line of stable, natural vegetation and the corresponding small and large tbacks. In this case, the first line of stable natural vegetation is defined as the vegetation line prior to the onset ofthe most recent large-scale beach renourishment project. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is v* and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 4) All foundations and structures located in the Ocean Hazard AEC shall be designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. Cantilevered decks and walkways in the Ocean Hazard AEC shall meet this standard or shall be designed to break -away without structural damage to the main structure. 5) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any AEC standards, the more restrictive standard shall apply. 6) Any structure within the Ocean Hazard AEC shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under the Rules of the Coastal Resources Commission. Retainine Wall 7) The alignment of the retaining wall shall be staked by the permittee and approved on site by a Division of Coastal Management representative prior to initiation of construction. 8) The authorized retaining wall shall adhere to the alignment depicted on the attached workplan drawings. 9) The retaining wall shall be constructed prior to any backfrlling activities. 10) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 11) The retaining wall shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 12) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) All backfill material shall be clean and free of any pollutants except in trace quantities. Charles T. Haigh Jr Permit #55-13 Page 3 of 3 ADDITIONAL CONDITIONS RECEIVED Sedimentation and Erosion Control MAY 2 0 2013 14) In order to protect water quality, runoff from construction shall not visibly ' crease the amount of suspended sediments in adjacent waters. '" D Cmy 15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the top of the retaining wall immediately following completion of backfilling activities. General 16) The permttee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 17) No wetlands shall be excavated or filled, even temporarily, outside of the area as indication on the attached workplan drawings. 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the NC Division of Water Quality. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0141. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2011-00944 which was issued on 3/20/13. Permit Class NEW Permit Number 55-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission era"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Charles T. Haigh Jr., 506 Rush Road, Fayetteville, NC 28305 Authorizing development in Pender County at Topsail Sound, 1136 Anderson Blvd., Topsail Beach , as requested in the permittee's application did 1.1/19/12 (MP-1) & 2/4/13 (MP-2). incl'g the all'd workplan drawings (7), 4 dtd 2/4/13, 1 did rec'd 3/13/13, 1 dtd 5/30/11, 1 dtd 10/26/12 & AEC Hazard Notice did 11/19/12 This permit, issued on 1t't<ay 1 d, 2013 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 tines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the single family residence, driveway and retaining wall, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) All buildings in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square, and shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. (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 Division approval. All work must cease when the permit expires on December 31, 2016 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 DENR and the Chairman of the Coastal Resources Commission. /M f r/� Br*0n C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles T. Haigh Jr Permit #55113 Page 2 of 3 ADDITIONAL CONDITIONS 3) Prior to the initiation of construction within the Ocean Hazard AEC, a Division representative shall confirm the static line, the first line of stable, natural vegetation and the corresponding small and large structure setbacks., In this case, the first line of stable natural vegetation is defined as the vegetation line that existed prior to the onset of the most recent large-scale beach renourishment project. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement is vdd and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 4) All foundations and structures located in the Ocean Hazard AEC shall be designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. Cantilevered decks and walkways in the Ocean Hazard AEC shall meet this standard or shall be designed to break -away without structural damage to the main structure. 5) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any AEC standards, the more restrictive standard shall apply. 6) Any structure within the Ocean Hazard AEC shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under the Rules of the Coastal Resources Commission. Retaining Wall 7) The alignment of the retaining wall shall be staked by the permittee and approved on site by a Division of Coastal Management representative prior to initiation of construction. 8) The authorized retaining wall shall adhere to the alignment depicted on the attached workplan drawings. 9) The retaining wall shall be constructed prior to any backfilling activities. 10) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 11) The retaining wall shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 12) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) All backfrll material shall be clean and free of any pollutants except in trace quantities. Charles T. Haigh Jr Permit #55-13 Page 3 of 3 ADDITIONAL. CONDITIONS Sedimentation and Erosion Control 14) . In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the top of the retaining wall immediately following completion of backfrlling activities. General 16) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 17) No wetlands shall be excavated or filled, even temporarily, outside of the area as indication on the attached workplan drawings. 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the NC Division of Water Quality. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0141. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2011-00944 which was issued on 3/20/13. IN MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 7 �. AnchO1: First Name CA S MI ` Last Name I d r'• Applicant 2: Feat Name MI Last Name Haddrrional applicants, please attach an additional page(s) with names listed. Mailing Address I SO L. RWS h P4, PO Box City a�v%, 00- State C ZIP � jO� Country I.ISGZ Phone No. gjrV4�#-gajZext. FAX No. Street Address (d different from above) City State ZIP Errrail Cl 41 I B3 & YY� -s6v, Cnr>n 2. Agent/Conftctor Infonnadon Business Name Agentl Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 _ _ ext. Phone No. 2 - - eld. FAX No. Contractor # Street Address (if dMerant from above) City State ZIP Email RE "^' FF 12 -.gffomn continues on back> "1'=B-T4 252.808.2808 EaRCOAST .. www.nccoastalmanagement.net Form,DCM MP-1 (Page 2 of4) APPLICATION for Major Development Permit 3. Project Location Co my (can be multiple) Street Address State Rd. X Subdivision city State zip M/V' f� 1 ) t`7 5ca i t�ara�� (VC - Phone No. Lot No.(s) (rf many, attach additional page with list) /� d -q R$) a ext. o/3 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C� So. r c. Is the water body identified in (b) above, natural or manmade? BiLtural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. e. Is p sed work within city limits or planning jurisdiction? f. It applicable, list the planning jurisdiction or city limit the proposed Yes []NO work falls within. io � ar> Z;1 -A' 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) `I'1 c. Size of individual lolls) C{ ,�'..�, fo,`i�fS�Np A16� d. Approximate elevation of tract above NHW (normal high water) or NWL(normal water level) (Nman; lot sizes, please attach additional page with a list) K gg ❑NHW or ❑NWL e. Vegetation on tract r-4 1 e .. � �` L,��'�� �y ,Is f. Mangnade features and uses now on tract ! ad0///6—;P tproposed project site. 0' Q- FAN sou- s> to an sPu mar g. Identify and describe tie land uses7W&Ttoll'" Srn�l 1 e y-el - bra�acje SPAIYrY';yr Pvd CWnr K,orS+j, s1de,_a6eivht bt�IKh@ h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Attar ( zoning compliance certificate, t applicable) []No ❑NA j. Is the proposed activity part of an urban waterhon redevebpment proposal? []Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No FRV If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes 03f4o ❑NA National Register listed or eligible property? <Form continues on next page> �t 252.808.2808 TCF'14-)f`1"AI$RC0AST :: www.neeoa�:...,,r areyeri�u:..r..t Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? [� V�es []No(ii) Are there coastal wetlands on the site? 91Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Lyres ❑No (Attach documentation, if available) n. Describe existing waistewater treatment facilities Nal�t= Ac�JC'�sczrv� o. Describe existing dn'rddng water suppy source. Y►'1�VY •r Gi S '� r•>> p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? E,..l,Commercial ❑Pm ublidGovement LVlrnl!vate/Community b. Give brief ption of qurppose, use, and dairy oPg{a�ions of tie project when complete.., d� tv � lei '��-T� j IV-) `tJ cw. F I S Q.) m',­V7 A Po r� : mi✓ m t �ort 1 i v�['¢S br3PV rear �� %,©A" o ' bt,l►� }�n ��i �cctr�al c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where @ is to _b.ye.s.tored. d. List all development activities ylr propose. e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? tK.Pt or ❑Apes g. Will the proposed project endroach on any public easement, public accessway or other area ❑Yes Mo ❑NA that the public has established use oft h. Describe local and type of existing and proposed discharges to waters of the state. /\J® /Ve I. Will wastewater or stonnwater be discharged into a welland? Oyes Jjfo [IRA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA I. Is there any mitigation proposed? Dyes allo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 i ans aRCOAb: .. www.neeoastalmanagement.net ri Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit Date Print Name f Signature Please indicate application attachments pertaining to your proposed project. 6. Additionallntionnation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - M are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. i C'L W V- a MW Q b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previou ly authorized wo , clearly indicate on maps, plats, drawngs to distinguish between work completed and proposed. • C C7 1 liS Nrr / !V ;'tt Qc}- c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DEW f. 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 certfied 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. Name ere rq e t�vrd 1 {J ct-'V S i Phone No. Addrasa-3ai V. A kVm� Or1 4-1 t-43 1 9 s 7'i Name GL V-e7 ¢115\\ Y'1 r� S Phone No. Address)�� � in'u},� T"T.ctmPa�Gr,k�>r NC Ic'3��411-3 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. h. Signed consultant or agent authorization form, it applicable. I. Welland delineation, if necessary. , / C j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) ii� Ne x k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), it necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only thl The project will be subject to the conditions and restrictions contained in the permit. in I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify at thl information provided in this application is truthful to the best of In knowledge ❑DCM MP-3 Upland Development ❑DCM MP 4 Structures Information RECL;D ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts P 1 9 2013 252-808-2808 .. t•888.4RCOAST.s�uwww.nccoastalmanagement.net IF Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yard/�s�../ � p /► rily . c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW []SAV ❑SB []WE [--]None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. section not applicable 12. DISPOSAL OF EXCAVATED MATERIAL AWhis section not applicable a. Location opo/syai area. /v c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WE)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL ❑None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes [-]No ❑NA (it) If yes, where? f. (i) Does the disposal include any area in the water? []Yes []NO ❑NA (ii) If yes, haw much water area is affected? RE' 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemegt�4'.TY revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page z of ?_) In 3, SHORELINE STABILIZATION \jWbis section not a Wrcable l (If development is a wood groin, use AW4— SUudures) Of, a. Type of shoreline stabilization: b Length: ukhead ❑prep R❑BreakwatarM ❑Other. _ Width: c. ////AvemgedistancewaterwoWof NHWorNWL d. Maximum distance waterward of NHW or NWL: f ]%Aj - o - e. Type of stabilization to f. (I) Has there been shoreline erosion during preceding 12 16.L months? ❑Yes d�o ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead badkfili _ Riprap _ Breakwater/Sill _ Other _ I. Source of fill material. 4 OTHER FILL'AC77VMES []This section not all (&dvding Shore/lne Stabilization) a. (i) Wil fill material has brought to the site? ERYes ONO ❑NA b. () Will fill material be placed In coastal we8andshnarsh (CM, If yes submerged aquatic vegetation (SAV), shell bottom (SB), or - n Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the () nur9ber of square feet affected (in) Dimensions of fill area`}.. 4 X z=' X 1 J,, )S s7rfj{ [ ❑"" SAV (iv) Purpose of fill 1 _ 1 • CrWL / ❑None - f - (ii)Descxba the1purp�o� \ `I ese areas: s* •r; x"; a. controlled? or and erosion c. (i) WIN navigaUynal aids be required as a maul of the project? []Yes QNo []NA (11) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e g., "line badkhoe, or hydraulic dredge)? sail TrvN;t arVA i el - d. m VM wetlands be clussed In transporting equipment to project site? ❑Yes &No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NtM Name Tf -" .: �F7 DPP 't Signature pCTvl W]tMINGTQN; NC FEB 0 5 2Ui3 S252-808.2808 :: 1-888-4RCOAST;: ivww.ncisoastelmana/tement.mt revMpge 12128I86 OCEAN HAZARD AEC NOTICE Project is in an: Property Owner: Property Address Ocean Erodible Area Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is L feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. SIdies also indicate that the shoreline could move as much as feet landward in a major storm. Th .flood waters in a major storm are predicted to be about ]/ 2 feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. Property Owner Signatu Date High Hazard Flood Area Inlet Hazard Area SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inforn you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be re -measured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate re -measurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more Information, contact., T, -(,O n //A ;c Local Permit Officer Address . /\-/C 2'9- Locality 7/D — 7-7a "- -72'—1 Phone Number RECEIVED P.f'0.e-imxn �. Revised May 2010 ha � 1f �e rel b rIJCI►� �1.81 ` �� t1'Dvc1 cw L;A- --— !S;V,7)--- -- � 13tm �, j�snrc��rs®apt 5hee.+ 10+3 11 /11 //L .40v-,V- tEvtq */ IB9 v Iq I r .: EJVED UCM W1LMJNGTON, NC FEB 0 5 2013 111=a2p, RECEIVED JAN 15 2013 Bearing I I 0 i i l'28'39 E 12.6 1' i5'07 06 E 16.06 I627''06' E 10.57' i7' 18 37 E 7 6.56' I — e — 1.27' E PK' NORTH ANDERSON BLVD. (60' WIDE R/W PUBLIC) FILL 4 WETLANDS TOPSAIL TOWNSHIP — PENDER COUNTY — NORTH CAROLINA AIGH, JR. SCALE: 1 " = 60' OCTOBER 26, 2012 BEACH 60 0 60 120 180 BLVD. C 28445 GRAPHIC SCALE - FEET INGTON, NC N F.W. TONES Surveying Company N.C. LICENSE No. F-1036 P.D. Box 1471 111 East Fremont Street Burgow, NC 28425 Ph: (910) 259-2954 Fx. (910) 259-9040 Em: jonessu"eying®bellsouth.net Fla. PARSLEY ELIZ48EM Dwg. No.: PM 20 "GH CHARLES DCM WILMINGTON, NC JAN 15 t0113 TOPSAIL SOUND APPROXIMATE LOW WATER- 51'22'06"E EIP 50.98' EIS _ APPROXL E HIGH WATER 30' CAMA LINE sq. ft. SURVEY REFERENCE: 2g.0r' 112 24 4.71' MAP BOOK 5 AT PAGE 68 I LOT 20 - ELIZABETH PARSLEY DMSION /l PENDER COUNTY REGISTRY ,� LEGEND. h AEC LINE _ FLOOD ZONE ELEV 10� _ FLOOD ZONE ELE�•� f i' LEGEND: + Pt. (POINT) O EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) PROPERTY LINE - - - - - - NON -SURVEYED LINE fL (CENTER LINE) O - - — R/W (RIGHT OF WAY) C7 - ourse Bearing Distance 11 S 68'08 04 W 32.81 12 S 84'06'43 W 22.91 13 N 02'26 57 E 24.42 14 N 28'22 59 E 37,81 15 S 33.55 54 W 36.02 16 S 67-43 35 W 12.20 17 N 47'09 58w W 31.53 16 S 49'04'30 E 21.22 19 N 30'27 22 E 34.84 110 N 28'04 30 W 13.26 I11 N 03'3i OS W 21.11 l I2 N 54'37 29 E 26.29 113 5 7706 13 E 29.27 rn LANE�E G VIC247TY MAP (N.T.3) �n m EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) .� EPK (EXIS77NG PARKER-KALON NAIL) ` PROPERTY LINE \v9 _ - - - - - - NON -SURVEYED LINE m (CENTER LINE) R/W (RIGHT OF WAY) q Oa m 19 ® 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACt. PROPOSED FILL AREA Z404 sq. ft.3t 1 "C61 NOTES: I. CORNERS ARE MARKED AS NOTED ON MAP. 2. ALL DISTANCES ARE HORIZONTAL FIELD MEASUREMENTS. 3. AREA COMPUTED BY THE COORDINATE METHOD. ,4 N ry N 4. THIS PROPERTY IS LOCATED WITHIN THE HIGH HAZARD FLOOD AEC o� AND THE FIRST LINE OF STABLE NATURAL VEGETATION (FLSNV) amp WHICH IS LOCATED ON THE OCEAN SIDE IS APPROXIMATELY 195' FROM THE SOUTHERN PROPERTY BOUNDARY BORDERING �W NORTH ANDERSON BLVD. N q 0 Course Bearma Distance ' DIVISION OF COASTAL MANAGEMENT ' APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Charles T. Haigh, Jr. COUNTY: Pender PROJECT NAME: 1136 N. Anderson Blvd., adjacent to Topsail Sound and the Atlantic Ocean in Topsail Beach LOCATION OF PROJECT: 2570 Scotts Hill Loop Rd., adjacent to the AIW W DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-5-13 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail c DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 2-13-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO:wt C) 75 DAY DEADLINE: Z l `I 3 MAIL OUT DATE: 2-11-13 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WI MINGTON FEE RECD: $250.00 END OF NOTICE DATE: 3-06-13 DEED RECD: YES ON: 150 DAY DEADLINE: STATE DUE DATE: 3-06-13 • ulul KM. _ :_ PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative - 13 ✓ Coastal Management - LUP Consistency 3-4-13 Division of Community Assistance II_ 0Land F / Quality Section 'x.-t / Division of Water Quality 3 I tl-i'J Storm Water Management (DWQ) 3 l 1.3 State Property Office -t3 Division of Archives & History $-15 Division of Environmental Health R 11 13 Division of Highways 1 Ig Wildlife Resources Commission 3-8- 0 Local Permit Office Division of Marine Fisheries -3 Corps of Engineers 2y J p - J 3 Project Name C t-v,165 Assigned to / v #` J h Assigned on ;?-//q// -? ACTIONS Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DWQ is& required for this project. P Howell, Jonathan From: Timpy, David L SAW (David.L.Timpy@usace.army.mil] Sent: Wednesday, March 20, 2013 7:22 AM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Subject: Charles Haigh, SAW-2011-00944, CAMA Major APP, NWP18 Attachments: DCM_Haigh Retaining Wall Revison.pdf Reference the application submitted by Charles Haigh to grade and fill property for construction of a single family dwelling and retaining walls at 1136 N. Anderson Blvd, adjacent to Topsail Sound and Atlantic Ocean, in North Topsail Beach, in Fender County, North Carolina. This application is revised per memo by Jason Dail dated 3-13-2013 to include two additional fill retaining walls (copy attached). Based on the referenced application, this proposal meets the terms and conditions of NWP18 (Minor Discharge) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2011-00944. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army:mil Website: http://www.saw.usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.army.mil/survey.html to complete the survey online. 1 MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Charles Haigh, Topsail Beach, Pender County Date: March 4, 2013 Consistency Determination: This project is consistent and not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to grade the subject property and fill 2,404 sq ft of "404 type" wetlands for the purpose of constructing a single-family residence, driveway and retaining wall. The property is located at 1136 N. Anderson Blvd., adjacent to the Atlantic Ocean and Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are SA and SB. Waters at the site are classified as SA, SB and are not open to shell fishing. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Limited Transition, while the AECs impacted by the work are classified as Conservation. In general, the Topsail Beach Land Use Plan allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the Topsail Beach Land Use Plan Update. Cc: File ,A North Carolina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 22, 2013 Mr. Charles Haigh, Jr. 506 Rush Road Fayetteville, NC 28305 Natural Resources Subject: Request for State Stormwater Management Permit Application Charles Haigh Single Family Residence 1136 N. Anderson Boulevard, Topsail Beach Stormwater Project No. SWG 010015 Pander County Dear Mr. Haigh: John E. Skvarla, III Secretary RECEIVED 6 zut3 DC1N1.,VHD CITY Thank you for your letter dated March 20, 2013, regarding the Division's March 11, 2013 request that you submit a state stormwater management permit application. Per your request, I am advising you of the necessary steps that you need to take to satisfy the Division's stormwater permit requirements. The requirement for a state stormwater management permit is rooted in the North Carolina Administrative Code Section 02H.1000, which requires any project that is part of a larger common plan of development, or that proposes more than 10,000 square feet of new built -upon area, or that must receive Sedimentation and Erosion Control Plan approval, or that must receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit from the Division of Water Quality. I understand that you are not proposing the construction of built -upon area at this time. However, the CAMA Major application indicates that the proposed project is grading and filling for construction of a single family dwelling and retaining wall. Regardless of the timeline, you are required to obtain some type of stormwater permit to deal with the construction of the built - upon area associated with the development of this lot before it is developed or sold. The most logical option is coverage under the single family residence general permit (SFR-GP). You may also choose to apply for coverage under the clear and grade general permit (C&G-GP). The C&G —GP only allows for the clearing and grading of the lot and will require a modification in order to develop the lot any further. If your plan is to be able to market the lot to a buyer, then it would most certainly help if you had coverage for the built -upon area under the SFR-GP in hand. When you sell the lot, the certificate of coverage can be transferred to the new owner. The CAMA application indicates that there is 10,272 square feet of "high ground" lot area available for development. The lot is within'% mile of SA waters, but the application also mentions that the Atlantic Ocean is nearby. The maximum allowed density level for the lot will depend on which water body ultimately receives the runoff from the project. If the runoff will enter the SA waters of Topsail Sound, then under the SFR-GP, the built -upon area will be limited to a maximum of 12% of the high ground area, or 1,233 square feet. If the runoff will enter the Atlantic Ocean, then under the SFR-GP, the built -upon area will be limited to a maximum of 24% of the high ground area, or 2,465 square feet. If the low density requirements of the GP cannot be met, then an individual high density permit is also an option. The proposed site plan includes a 1,440 square foot residence but does not show a driveway or any sidewalks. The maximum allowed built -upon area applies to all proposed built -upon area including the house, covered decks, patios, driveway, and sidewalks. Please note that permeable pavement can be used to reduce the "net effective" built -upon area of driveways, sidewalks and patios by a minimum of 50%, and possibly up to 75%, depending on the hydrologic soil group of the underlying soils. Wilmington Regional Office �1n 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1V e Phone: 910-796-72151FAX: 910350-20041 DENRAssislance: 1A77$23-6748 o Carolina Internet: www.noNaterquality.org n„ ll p, An Fnnal nnnntlnnib i Awrmativa Adinn Fmnlnvar fi ��`s{" Mr. Haigh SWG 010015 March 22 2013 I realize this is a lot of information and may be a little confusing if you are not a full-time developer. The bottom line is that per the stormwater rules, a permit is required for this project. If you have any questions, please call me at (910)-796-7343 or email me at Iinda.lewisa-ncdenr.gov. Sincerely, �l Linda Lewis Environmental Engineer III GDS/arl: S:\WQS\StorrrwatehPennits & Projects\SWG01 SFR \SWG 010015\2013 03 letter 010015 cc: Pender County Planning Department Jason Dail, Division of Coastal Management Wilmington Regional Office Stormwater File Page 2 of 2 - - )4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary March 14, 2013 THIS IS NOT Pender Coucnty: 13-0141 Charles T. Haigh, Jr. A CAMA PERMIT 506 Rush Rd Fayetteville, NC 28305 RECEIVED Subject Property: 1136 N. Anderson Blvd., Topsail Beach NO WRITTEN CONCURRENCE NEEDED MAR 19 2013 Dear Mr. Haigh: nCM-MHDCTIV You have our approval, in accordance with the attached conditions; to permanently impact 0.055 acres of jurisdictional wetlands as described in your CAMA application dated February 8, 2013 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on February 8, 2013 and additional information received on March 12, 2013. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3890 (GC 3890) are met. This Certification allows you to use the Nationwide 18 Permit when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1) The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910.796.7215\ FAX 910,350.20041 Internet: www.ncdenr.gov No Naturally An Equal Opportunity l Affirmative Action Employer -50%Recycled 110% Past Consumer Paper Naturally Charles t. Haigh, Jr. DWQ Project # 2013 0141 March 14, 2013 Page 2 of 3 2) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the DCM application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3) The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. 4) Dewatering if the construction site, if required, shall be accomplished by pumping to a maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge and release sediment to the surface waters or wetlands. Silt bags will not be located within wetlands or surface waters. 5) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions and the General Certifications are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: b.ECEiVED MAR 19 2013 DC!v?-VHDCrrV Charles t. Haigh, Jr. DWQ Project # 2013 0141 March 14, 2013 Page 3 of 3 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins at 919.807.6360 or Joanne Steenhuis at our Wilmington Regional Office at 910.796.7306. Sinc rely, /Joanne Steenhuis Senior Environmental Specialist Attachment Enclosures GC 3890 Certification of Completion cc: Karen Higgins - DWQ 401 Oversight Unit David Timpy- USACE Wilmington Doug Huggett — DCM Morehead Jason Dail —DCM Wilmington WiRO RECEIVED MAR 19 2013 DCM-',VHD CITY f: !. !7✓ f 1 %figw E \1 A i= , i RECEIVED MAR 19 2013 REn MAR 12 2013 FS DCM-MxD crrY a- d MEN North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director March 13, 2013 MEMORANDUM TO: Local, State and Federal Review Agencies FROM: Jason Dail DCM - WiAnington THRU: Debbie Wilson 9V DCM — Wilmington John E Skavarla, III Secretary RE: Charles Haigh— proposed fill project —1136 N. Anderson Blvd, Topsail Beach, Pender County CAMA Major Permit Application - AMENDMENT The subject field investigation report was circulated to your agency on February 6, 2013. As part of the initial proposal, the applicant had requested approval to retain fill material on -site by installing a 56' long retaining wall along the western side of the property, immediately adjacent the upper limits of the "404" type wetlands. At the time, no retention methods were proposed along the side property lines. Subsequent to the initial application submittal, the applicant has provided documentation requesting approval to install two retaining walls along the northern and southern property lines (southern wall measuring 41.81' and northern wall measuring 48.94'). These walls would be constructed to contain all fill material placed on -site without additional concern of fill spilling over or running off into the adjacent wetlands. The attached drawing (dated received by fax on March 12, 2013) should satisfy the concerns raised during initial review. This office has no objection to the proposed modification/amendments submitted as part of this request. If you have any questions concerning these changes, please feel free to contact me at (910) 796-7221. Cc: DCM — Doug Huggett COE — Dave Timpy DWQ — Joanne Steenhuis RECEIVED MAR 15 2013 DCM-MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net N0 /� /C�arr�olliina An Equal Opportunity 1 Alfirrnative Action Employer atuKL{y .Mar 12 13 04:22p Charles Haigh 910.483-6193 p.1 From the "of Charles T. Haigh Ms Joanne Steenhuis 127 Cardinal Dr. Eat. Wilmington, NC 28405 March 9, 2013 Dear Mo.,Steenhuis: i Re Cross section of Project, 1136 N..Anderson Blvd. I am not a draftsman as you can see from the enclosed drawing, however, I do hope this will safficp and that it gives you the information you need to finish your review. As I hope you can see there is a jog in the bulk-' head across the back of the fill area. This is the result of my straightening out the line except for the 1656 foot section. Otherwise all other sections of retaining. wall are straight line and I have shown the length of each. Sorry I was delayed in supplying this for you. I was out of town for ten days and have had a lot to do once I got beck. If.you need additional infor- mationJ will be happy to provide it. Sincerely, RECEIVED MAR 15 2013 DCM-MIID CITY . _ ..........._....� - -- �"��'�: • .i. -.. - !"�`y � ".�.Gt. r N..i O.J. �J°.r ... ; ... e } .. _........w�A.. �... _. _ .._.. '.:.. _._ ... ................. ........ �._ f. f ��� WDETIR North Carolina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director TN Natural Resources March 11, 2013 Mr. Charles Haigh, Jr. 506 Rush Road Fayetteville, NC 28305 Subject: Request for State Stormwater Management Permit Application Haigh Single Family Residence Stormwater Project No. SWG 010015 Ponder County Dear Mr, Haigh: John E. Skvarla, III Secretary On February 8, 2013, the Wilmington Reggional Office received a copy of the CAMA Major Permit application for the subject project. The tlorth Carolina Administrative Code requires any project that is part of a larger common plan of development, or that proposes more than 10,000 square feet of new built -upon area, or that must receive Sedimentation and Erosion Control Plan approval, or that must receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit from the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later April 11, 2013. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Supervisor of the Surface Water Protection Section. Please reference the Project Number above on all correspondence. gov. If you have any questions, please call me at (910)-796-7301 or email me at linda.lewisla�ncdenr. Sincerely, RECEIVED (/t/!;i " MAR 19 2013 Linda Lewis Environmental Engineer III DC!4S-M14D CITY GDS/arl: S:\WQS\Stormwater\Permits & Projects\SWG01 Single Family Residence \SWG 010015Registered\2013 03 req_swapp 010015 cc: Ponder County Planning Department Division of Coastal Management Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910350-20041 DENR Assistance: 1-877-623-6748 Internet: wwwmcwaterquality.org Nye Carolina J� turallry An Equal Opportunity 1 Affirmative Action Employer A94, Ti NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 8, 2013 14 ���15I61 1 MEMORANDUM: 140 F�Zo3 co V� TO: Maria Dunn r— 'a For WIRO s NC Wildlife Resources Commission c FROM: Doug Huggett, NC DENR-DCM Major Permits Cc ! Op 66Z02�2 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) n , SUBJECT: CAMA / D & F Major Permit Application Review MAR 082013 Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013, If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 ,Q�fj ' \ DATE 3-6-.2� 3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmana.gement.net An Equal Opportunity � Affirmative Action Employer r NCDENR North Carolina Department of Environment and Natural Re(rces Division of Coastal Management X `i) Pat McCrory Braxton C. Davis x` , ` John E. Skvarla, III Governor Director Secretary 515 February 8, 2013 �✓ MEMORANDUM: TO: Linda Lewis GE'vE Stormwater Section FEB 082013 DWQ -Wilmington FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA I D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Fender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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. �(/.g� 6P yc�;— W-9 %GVJ?. This agency objects to the project for reasons described in the attached comments. SIGNED �.� DATE 127 Cardinal Drive Ext,, Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net 2 ^a0-/3 RECEIVED MAR 01 2013 An Equal Opportunity \Affirmative Action Employer DCM-MHD CITY J 1/ MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Charles Haigh, Topsail Beach, Pender County Date: March 4, 2013 Consistency Determination: This project is consistent and not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to grade the subject property and fill 2,404 sq ft of "404 type" wetlands for the purpose of constructing a single-family residence, driveway and retaining wall. The property is located at 1136 N. Anderson Blvd., adjacent to the Atlantic Ocean and Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are SA and SB. Waters at the site are classified as SA, SB and are not open to shell fishing. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Limited Transition, while the AECs impacted by the work are classified as Conservation. In general, the Topsail Beach Land Use Plan allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the Topsail Beach Land Use flan Update. Cc: File AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 8, 2013 'F4T[O] 7Tivel li, TO: 6! A ti No AJ JC--Nw 05 NH 2)6,14 FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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. ro;' shavNa., .�sV 'W l DATE SIGNED f1 RECEIVED FEB 2 2 2013 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 9103953964 Internet: www.ncoDastalmanacement.net An Equal Opporluniry I AtfirtneAve Action Empoyer DCM•MHD CITY .:..�� '� . �...Y r .J•��, .. .. LT; 4 Th NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 8, 2013 MEMORANDUM: REO-MjjT TO: Dan Sams FES If 120,13 District Manager Division of Land Resources '' Y FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Fitt j S 2-o t-3 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910.395-3964 Internet: www.nccoastalmanagement.net An Equal Oppotlunity', Affirmative Action Employer 02-11-'13 09:14 FROM-DENR Wilmington 910-350-2004 T-638 P0003/0003 F-025 Pat McCrory Governor February 8, 2013 MUM North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary TO: Mark Zeigler WiRO Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: . CAMA / D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Ponder County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hucra®tt at the address above by -March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: x 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 2 I I I 1 3 127 cardinal Drive Exi., Wilmington, NC 28405 Phone: 910-79&72151 FAX: 910-39"964 Internet: www.nwoastalmanaaement,net An EgUW oppmaniry � atfirmatA action EmftU A&C NCDENR North Carolina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director February 28, 2013 CERTIFIED MAIL: 7010 0290 0003 0833 8895 RETURN RECEIPT REQUESTED Charles T. Haigh, Jr. 506 Rush Rd. Fayetteville, NC 28305 Subject: REQUEST FOR ADDITIONAL INFORMATION 1136 N. Anderson Blvd., Topsail Beach Dear Mr. Haigh: Natural Resources John E. Skvarla, III Secretary DWQ# 2013 0141 Fender County On February 8, 2013, the Division of Water Quality (Division) received your LAMA application dated February 8, 2013, requesting a 401 Certification from the Division for your project. The Division has determined that the application is incomplete and cannot be processed. The application is on hold until the following information is received: 1. Please provide a cross-section profile showing the fill slope of your proposed project. The profile needs to show how the material will be kept from eroding into adjacent wetlands on the adjoining lots. The drawing should parallel the proposed bulkhead/retaining wall alignment and located between the wetlands on either side of the lot. Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. RECEMD 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-350-2004 Internet: www.ncwaterouality.org An Equal Opportunity \ Aftirmalive Action Employer M,4R 0 5 2013 CITY Nne orthCarolina NVA(ra!!y Charles T. Haigh, Jr. February 28, 2013 DWQ project # 20013 0141 Page 2 of 2 Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact me at 910.796.7306 or via e-mail at Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns. Cc: Karen Higgins —401 Wetlands Unit Dave Timpy — USACE Wilmington Office Jason Dail — DCM Wilmington Doug Huggett — DCM Morehead City WiRO Sincerely, y anne Steenh is Senior Environmental Specialist r RECEIVED MAR 0 5 2013 DCM-MHD CITY RECEIVED DCMM'! CITY A' �a�• w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 8, 2013 MEMORANDUM: TO: Debra Benoy R ���LD District Manager EB 1013 Public Water Supply FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Fender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doua Huctctett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment . SIGNED "idDATE c3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910395.3964 Internet: www.nccoastalmanaoement.net An Equal Opportunity \ Affirmative Acficn Employer Feb.19. 2013 9:38AM NC Dept of Transportation No.5045 P. 3 r30 IrAVMLI IV rjb1 or,r 2-14 13 &08-d7� �- CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 8, 2013 MEMORANDUM: TO: FROM SUBJECT: Applicant: Division of Coastal Management Braxton C. Davis DISTRICT T John E. Skvarta, III Director Secretary FEB 13 2013 Robert Vause NC DOT' Pender Co, Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / D & F Major Permit Application Review Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, 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 ( t DATE (lei 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.786.72151 FAX 910.3953964Internet: www.nccoaslalmanagement.nel An Equal Op aily\AlFfmarve Add Employer a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director �0,%112137., Secretary 9 February 8, 2013 rn MEMORANDUM: N FE 010i3 pOA nV TO: Tim Walton ,tA ore Dept of Administration State Property Office sZBz�z FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D & F Major Permit Application Review Applicant: Charles T. Haigh, Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: Zhagencyhas no objection to the project as proposed. 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 RECEIVED FEB 14 2013 127 Cardinal Dive Ext., Wilmington, NC 26405 Phone: 910.796-7215 \ FAX: 910-395.3964 Internet: www.nccoastaimanaaement.net An Equal Opponunily \ Affirmative Action Emgoyer DCM-MM CITY PD y SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in fall. This the -------- day of ______________________________ 12______. Signed:_______________________________________________________ Tax Lot No. -_________________________ Verified by _-_-__ by------------------------------ Recording: Time, Book and Page Parcel Identifier No_ --------------- ___________________________ County on the __________ day of _______________________________________ 19________ alali after recording. to ________JQ11Ll_ N___MeCla in,_ Jr. ----------------------------------- P. 0. Box 527, Raleigh, NC 27602 This instrument was prepared by ___ DENA_S. LINGLEy_ Att OTnex------------------ Brief description for the Index Pt Lt 20 Eliz. Parsley Sub. NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 29th day of December , 1s 86 -' , by one between: GRANTOR HENRY KIRBY and wife, TINA KIRBY and JOHN McCLAIN, JR. and wife, FRANCES McCLAIN TRUSTRR DENA S. LINGLE BENEFICIARY CHARLES T. HAIGH, JR. and wife, MARGARET C. HAIGH TO HAVE AND TO HOLD Said real property with all privileges and appurtenances thereunto belonging, to the said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set fortis. If the Grantor shall pay the note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, and shall comply with all of the covenants, terms, and conditions of this deed of trust, then this conveyance shall be null and void and may be cancelled of record at the request of the Grantor. It, however, there shall be any default lu any of the covenants, terms, or conditions of the note secured hereby, or any failure or neglect to comply with the covenants, terms, or conditions contained in this deed of trust, then and in any of such events, if the default is not made good within fifteen (15) days, the note shall, at the option of the Beneficiary, at once become due and Payable without notice, and it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may be then required by law and giving such notice and advertising the time and place of such sale in such manner as may be then provided by law, and upon such and any resales and upon compliance with the then law relating to foreclosure proceedings to convey title to the purchaser in fee simple. The proceeds of the Sale shall after the Trustee retains his commission be applied to the costs of sale, the amount due on the note hereby secured and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five per cent of the gross proceeds of the sale or the minimum sum of $____ ___________ whichever Is greater, for a completed foreclosure. In the event foreclosure is com- menced, but not completed, the Grantor shall pay all expenses incurred by Trustee and a partial commission computed on five per cent of the out- itanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to wit: one-fourth thereof before the Trustee issues a notice of hearing on the right to foreclose; one-half thereof after Issuance of said notice; three -fourths thereof after Such hearing; and the greater of the full commission or minimum after the Initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep if improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary Against loss by lire, windstorm and such other casualties and contingencies, In such manner and in such companies and for such amounts, not ex- ceeding that amount necessary to pay the sum secured by this deed of trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all Premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the note secured hereby remains unpaid. If Grantor faits to purchase such Insurance, pay the premiums therefor or deliver said policies alone with evi- dence of nay.n.nt of ....... i....... ......._ __ -__ _ _ ed to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein re- quired, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary. 1. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 4. WASTE. The Grantor covenants that he will keel' the premises herein conveyed in as good order, repair and condition as they are now, reason. able wear and tear excepted, and that he will not commit or permit any waste. 5. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he Is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: agmry 6. SUBSTITUTION OF TRUSTEE.. Grantor and Trustee covenant and agree to and with Beneficiary Gat In case the said Trustee, or any succes- sor trustee, shall die, become incapable of acting, renounce his trust, or for other similar or dissimilar reason become unacceptable to the holder of the Note, then the holder of the Note may appoint, In writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all the tights, powers, and duties of the Trustee. 7. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as trustee In this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney', fees of the Trustee in such action shall be paid by Beneficiary and charged to the Note and secured by this Deed of Trust. S. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this deed of trust Is subordinate shall constitute default hereunder. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed In Jr. corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year best above written. (Corporate Name) ,>4 _ _ ______________(SEAL) --------------------------------------------------------------- p HENRY RIRBY By: ------------------------------------------------------------ 'J.,, _ _ ________________________________________(SEAL) __________________________________President TINA KIRBY U ATTEST: d GWC _ ___ __ ______________________________(SEAL) sa JbHN McCLAIN, JR. ------------------------------------------------------------ _______________SeeretarY (Corporate Seal) ______----- (SEAL) FRANCES McCLAIN SEAL -STAMP NORTH CAROLINA- ---------------------------------- County. G I, a Notary Public of the County and State aforesaid, certify that ___Henry John and Frances McClain, Jr. A- --------------------------------------------------------------- Grantor, o ____________________________ n a7 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my V P hand and official stamp or seal, this _2-9thdsy of December ................. IS 86. My commission expires: _______________________________ _______________________ ____________ Notary Public SEAL-STA.IIP NORTH CAROLINA- ---------------------------------- County. I, a Notary Public of the County and State aforesaid, certify that ___________________ personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of A .------------------------------------------------------ a North Carolina corporation, and that by authority duty jq given and as the act of the corporation, the foregoing Instrument was signed lit its name by Its _______________ v O President, sealed with its corporate seal and attested by ___________ as its ___________________________ Secretary. Witness my hand and official stamp or seal, this ______ day of ________________________ 1 IS_____. sly commission expires: ____________________ ___________________________________Notary Public The foregoing Certifteate(s) of____________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------------- is, are certified to be correct. This instrument and this certificate are duty registered at the date and time and In the Book and Page shown on the first page hereof. ____ __________________________ ----------------------- REGISTER OF DEEDS FOR________________________ COUNTY By--------------------------------------------------------------Deputy/Assistant-Register of Deeds. \. i. 8, r.\ssuc. f-,mn No, 52, G1477-1.n..,w1ia.-41 C., I—, S.. nr. v.as... ai.. N. a 27055 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Haigh 2. LOCATION OF PROJECT SITE: 1136 N. Anderson Blvd., adjacent to Topsail Sound and the Atlantic Ocean, in Topsail Beach, Pender County Photo Index - 2006: 25-6587, K, L, M-21 2000: 25-325, K, L, M - 4 1998: 13-291, K L, M - 5 State Plane Coordinates - X: 2416521 Y: 231318 GPS File: N020511A Lat:34°22'39.20"N Long:77°36'53.32"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/20/12 and 2/5/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Completed 2/5/13 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Topsail Beach Land Classification From LUP — Developed (residential)/Conservation (B) AEC(s) Involved: OH, HER' (C) Water Depende (D) Intended e. Priv (E) Wastewa reatment:Existing—None Planned - Municipal (F) Type of Structures: Existing — Vacant land Planned - Single family residence, driveway and retaining wall (G) Estimated Annual Rate of Erosion: 2 /year '-- Source - 2013 LTAASCR Update HABITAT DESCRIPTION: Opp, (A) Vegetated Wetlands "404 type" 2,404 sq. ft. (0.055 acres) (B) Non -Vegetated Wetlands Open Water (C) Other 4,830 sq. ft. uplands (0.11 acres) (disturbed) (D) Total Area Disturbed: 7,234 sq. ft. (0.166 acres) (E) Primary Nursery Area: No (F) Water Classification: SA, SB Open: Nc PROJECT SUMMARY: The applicant proposes to grade the subject property and fill 2,404 sq. ft. of "404 type" wetlands for the purpose ofconstructing asingle-family residence, driveway and retaining wall. RECEIVED Ft3 14 2013 DCM-MIM CITY Charles Haigh Page Two 9. PROJECT DESCRIPTION The applicant's property is located at 1136 N. Anderson Blvd., in the Topsail Beach, Pender County. County. To get to the project site from Wilmington, head north on US Hwy 17 toward Jacksonville. At the intersection of US Hwy 17 and NC Hwy 210, turn right onto NC Hwy 210 towards Surf City. Cross the AIW W (swing bridge) leading into Surf City and turn right at the stoplight onto NC Hwy 50. Travel approximately 5.2 miles south and the property will be located on the right hand side of the road. The property is void of development and there are no identifiable markers on the property; however, there is a bridge that crosses a marginal span of wetlands, located on the north side of the property. This property has a gravel drive and is owned by a Mr. George Evans. Mr. Evans has an active CAMA Major permit on file. If additional directions are needed, please contact either the WiRO office or the applicant. The undeveloped property is approximately 0.797 acres, and is dominated by Section "404 type" wetlands, Red Cedar (Juniperus virginiana), Loblolly Pine (Pinus taeda), Wax Myrtle (Myrica cerifera), Yaupon (Ilex vomitoria) and Virginia Creeper (Parthenocissus quinquefolia). Approximately 24,472 sq. ft. of "404 type" and Coastal Wetlands exists within the property boundaries leaving only 10, 272 sq. ft. of available "high ground". With respect to the applicant's request, approximately 0.06 acres (2,404 sq. ft.) of "404 type" wetlands would need to be filled in order to complete the project. The wetlands that traverse the applicant's property are tidally influenced (most likely on lunar and/or storm tides), and it is likely to flood during extreme storm events. The "404" wetland boundary has been verified by the US Army Corps of Engineers (on 6/30/2011) and the Division of Coastal Management located the upper Coastal Wetlands limit on 11/20/2012. Vegetation within the §404 wetlands consists primarily of Cattails (Typha spp), Sawgrass (Cladium jamaicense), Common Reed (Phragmites australis) and other unidentifed species, while the Coastal Wetlands species consists of Spikegrass Distichlis s icata , Salt Meadow Hay (Spartinapatens l, Black Needlerush (Juncus roemerianus) and Smooth Marsh Cordgrass (-Spartina alternijlora). The site averages an elevation of 34' above the Normal Water Level (NWL). The applicant's property is located within the High Hazard AEC, as indicated on the FEMA F.I.R.M Maps. The current long term erosion rate for the area is 2' a year. The setback for a structure less than 5,000 square feet in total floor area is 60' from the static vegetation line. The front lot line is located approximately 200' from the static vegetation line; the Ocean Erodible AEC terminates approximately 50' north of the southern property boundary and the V-zone ends approximately 30' into the property. The waters of the Atlantic Ocean, which are located approximately 350 feet east of the property, are classified as SB by the Division of Water Quality. The waters of Topsail Sound, west of the property, are designated as SA and are also designated as a Primary Nursery Area by the Division of Marine Fisheries. The area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to fill approximately 2,404 sq. ft. (0.055 acres) of Section "404 type" wetlands for development of a single-family residence with associated driveway and retaining wall. The applicant is proposing to construct a private residence with a footprint of approximately 40' in length by 36' in width, including a V overhang on each side, with rear and forward facing covered decks. The proposed residence is located immediately west of the Ocean Erodible AEC limit. The proposed unimproved driveway would originate along Anderson Blvd., within the Ocean Erodible and High Hazard Flood AECs and would be roughly 30' in length. The driveway would extend towards the west and terminate beneath the proposed dwelling. Parking would be located beneath the residence. A retaining wall would be constructed along the upper Coastal Wetland line and would extend from north to south, from property line to property line. The wall would measure approximately 56' in length. The elevation of the wall (cap) would be approximately 8' above the marsh substrate. According to the applicant, the wall would be constructed initially and the remaining development would follow. RECEIVED Charles Haigh Page Two 10. ANTICIPATED EWPACTS The proposed project would result in the filling of approximately 2,404 sq. ft. (0.055 acres) of Section "404 type" wetlands and the entire disturbed area would be approximately 7,234 sq. ft. (0.166 acres) including the wetlands fill, house construction, driveway, retaining wall and subsequent landscaping. No coastal wetlands would be impacted as part of this proposal. Submitted by: Jason Dail Date: February 6, 2013 Office: Wilmington RECEIVED F ` 14 2913 nrAI �r.. rI V APPLICATION for Maier Development Permit (Isft r ASed 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name (d applicable) i �� pC AplVqant 1: First Name MI Last Name --�-- Applicant 2: First Name MI Last Now ff additional applicants, please attach an additional pages) will names listed. Mailing Address F SOL 1��,�s� F�r�� PO Box City � 1r;i1 Stall O ZIP Country Phone No. L FAX No. -qaj ext. Street Address lid different hem above) CRY State ZIP Email - ,A+1, 411 3 3 scV, G�r>n 2. Agent/Conhactor Infonnatfon Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - exl. Phone No. 2 - - e#. FAX No. Contractor# Street Address (if different from above) City State ZIP Email RFCeiJED <Form continues on back> 'i. `U 14 2013 nrN(-An!D CITY 252-808.2808 .. 1-888.4RCOAST .. www.neeoa sta lmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location TCo My (can be multiple) Street Address State Rd. • Nc Subdivisiionr- city State Zip Phone No. V Lot No.(s) (d many, attach additional page with list) 10 -q -Wi a art. cl,3 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C. Is the water body identified in (b) above, natural or manmade? Efl4atural ❑Manmade ❑Unknown d. PU6 the closest major water body to the proposed project site. e. Is p work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city Ind the proposed Was []NO work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Sae of entire tract (sq.iL) c. Size of individual "a)c f� //, 1� - c Y �, l -'O ��. �f�� A d. Appro)dmate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on bad m r-4 to f. Man-made feaatu��res and uses now on tract � V g. Identify and describeerdstin1g land uses ad' to the proposed project site. / SY'72��L �r;�ili S�GiJYNY � Y ek Mi m✓V ✓YakY ES i��,.Q�rY'F �Du Ikiix6 h. How doeslocalgovem.�m`ent zone the tract? 1. Is the proposed project consistent with the applicable zoning? rc--�I rk-'a,M V 1 (Attach zoning compliance certificate, ff applicable) &Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Elko k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No a co If yes, by whom? u� I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes MNo ❑NA a _ National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? es ONO (ii) Are there coastal wetlands on the site? 0awes ❑No (iii) If yes to either (i) or (it) above, has a delineation been conducted? Lyles ❑No (Attach documentation, if available) n. Describe existing waptewater basin ant facilities o. Describe existing drinking water supppsource. MW c._ i p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment 2orivate/Community b. Give {brief d tlon of purpose, use, and dairy ope lions of a project when complete. ,I� (3 w • l ' czl-rr f rf t ,t� VJ cx 1 S Cz 1 s+,.Pq ri po r� •ems/✓ m T tort i �S +, W, r� r �� a��'r©IT' c btzl j-izockcl E `L'%AJA F� ,(-.'A- C-(K;i 1&LvdI aIFr�rmf1 c. Describe the proposed construction methodology, Was of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. \ S "+ 1 di. —List all development activities ryppu propose. (C''`�P7 Lam') N e. Are the proposed activities maintenance of an existing project, new work, or both? 4V'LfJ- W h/� -(r rV f. What is the approximate total disturbed land area resulting from the proposed project? EJ6q.Ft or ❑Acres 314,!/ f � . 'pi-- g. Will the proposed project en oath on any public easement, public accessway or other area ❑Yes ON; DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. I. Will wastewater or stormwater be discharged into a wetland? Oyes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ONo ❑NA If yes, attach a mitigation proposal. ItECLi JED <Form continues on back> 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addid'ronaf /nformadon In addition to this completed application form, (MP-1) the fotbwing items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consutl the application instruction booklet on how to properly prepare the required items below. a. A project narrative. i 01, VV&-f 1 a od ),- <-Ieck M--V r b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If preview ly authorized wo clearly indicate on maps, lats, drawing to distinguish between work completed and proposed. - t` [' J C-{ it - ��' � i 1V i :. 2k�. c. A slte or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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. Name em'f'R a F a --A/ Phone No. Addresa3. r7 V 1 (d 'H v., A k'CaN oY) Z-1 /- --2 i 9 Name A C-LV-e3i vZ-.\5 L-Iko-- pY+I S /vA Phone No. Add ress)`5g C>1� 3FilIV'1 #,. IZ op-2^, Y�a'-ner`lyC 2aq4�!s Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, N necessary. . J 1 j. A signed AEC hazard notice for projects in oceanfront and hilet areas. (Must be signed by property owner) n/C k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Car tflication and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit, in the application. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify at thEl information provided in this application is truthful to the best of m knowleddge. Date Print Name (' �7GC W i Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information r-, 252.808-2808 :: 1-888-4RCOAST :: www.necoastalmanagemeni.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. / 1�f 67l . c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. section not applicable d. High -ground excavation in cubic yards. section not applicable b. Dimensions of disposal area. it. @Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandslmarsh I. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of disposal in these areas: () Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST :: www.ncconstalinanaaement.net D 14 2013 nr•�R antra "TV revised: 12t26/06 .- Farm DCM MP-2 (Excavation and FUI, Page 2 of 2) AR4— S&udures) A. ,lypeorsn"Inestabllimblon' b. ?ulkhead ❑R4uap ❑Bnaakwater/Sill ❑Other: a Average distance waterward of NNW or NWL: d. r yoo' e- Type of stabil mhon mate " I' 7A 77, g. Number of square feet of fill to be placed below water level. Bulkhead backfill_ Ripmp_ Breakwater/SGI _ Other _ i. Source of fill material. Length: IT' � -r / I. - Cw V,, ,: oi> Maximum distance waterward of NHW or NVL: _o- f. n Has there been shoreline erosion during preceding 12 months?....LLLL,,,, Dyes A10 ❑NA (d) It yes, state` amount of erosion and source of erosion amount information. h. Type of fig material. ❑7hf3 SOCUM n Wig fill material be brought to the site? ea ❑NO ❑NA b, () VWI fill material be placed in ooeatal vaa8andahnarelr (CW), Myes � /E� submerged aquagc vegetation (SAV), shag bottom (SB), ar k Amount of material to be placed in the water —fL other we0ands (WL)1 Marty boxes ere rhedted, provide Bra (� n er of square feat affected. M Dimensions of fig aroe'33 3'{ 1( •E tj X fib, n'viS GJ ��l+i /�- ❑SAv (iv) Purpose of fit . C' Q�yVL / ❑None; a. How will excavated or fill material be kept on site and erosion conboW7 s �.V i`ry -1a1J iN -_ re 1st.; Ar t�la,Us G () Will navigagonal aids be required as a result of0fe project? ❑Yes QNo DNA (I() If yes, explain what type and how they will be inpbnw~. What type of construction equipment will be used (e.g., dregline, backhoe,orhydraulicciredge)7 d. (q Will wetlands be cjossed in transporting equipmentto project site? Dyes 2No DNA (ii) M yes, explain steps that will be taken to avoid or minimize environmental impacts. t Nam 252-808-2808 :: 1-888-4RCOAST n w .neccastetmanastementnst i(? j - rerlsei: 12f2t3lOB RECEIVED JAN 15 2013 eating i9 Il 28 39 E 12.61 07 06 E 16.06 '27 06 E i0.57' 18 37 E 16.56' IIIV0-7'C)0, IVC: I 'Y I UI et0 RECM VED I CITV �7• E'PK' VORM ANDERSON BLVD. (60' AIDE R/W PUBLIC) FILL t WETLANDS TOPSAIL TOWNSHIP — PENDER COUNTY — NORTH CAROLINA lIGH, JR. SCALE: 1 u = 60' OCTOBER 26, 2012 BEACH 60 0 60 120 180 BLVD. 28445 GRAPHIC SCALE — FEET F.W. BONES Surveying Company N.C. LICENSE No. F-1036 P.O. Box 1471 111 East Fremont Street Burgow, NC 28425 Ph: (910) 259-2954 Fib: (910) 259-9040 Em: jonessurveying®bellsouth.net Fib. PARSLEY ELIMETH Dwg. No.: PM 20 HAICH CHARLES DCM WILMINGTON, NC JAN 1 5 iui3 1 (9 L9 ` t( i --A,4p--I/f �1/)J wl -lraws E107 9 0 831 ON 'NOIJNIWIIM OjOn �©'to Y' r it GG ba. I-hU;Rfl p/ 4-(&3 n ©surly( 41AV 071 t 1 A's - . t s-,T�firo -W'1 M0 r i5-43V la:l� �I-g"ffi �o�of� R -au ay il!j ou i " 'fJSs S'c2L` 1!67 V j i ! i RECEIVED i 4� ! FED' 14 2013 n 1�E �y, !i J. 19 j � ; ! . ! I � � Vi�cr Cc�a.�!� :r�'krtcit :/i.•J1- , � ��y�linf,(�,o�at� � W5C�1'�.i ! 45 hwF' 7.4'WP TOPSAIL SOUND N o APPROXIMATE LOW WATER 51'22'06 E OP 50.98' EIS APPROXIMATE HIGH WATER NE _1 120 4.71' — 209.5 sq. ft. Zg 85 / 112 v' LEGEND: 7 ' EC LINE O ` FLOOD ZONE EI-EY�a 10_ — FLOOD ZONE E1E�'S 11 LEGEND: + Pt. (POINT) O EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) PROPERTY LINE — — — — — — NON -SURVEYED LINE — — — fL (CENTER LINE) R/W (RIGHT OF WAY) i7 c 1 S7 O l 30' CAMA SURVEY REFER UCE: MAP BOOK 5 AT PAGE 68 LOT 20 - ELIZABETH PARSLEY DIVISION PENDER COUNTY REGISTRY ' ours& Bearing Distance 11 5 68.08 04 W 32.81 • / 12 S 64'06 43 W 22.91 Tr 13 N 02'26 57 E 24.42 14 N 28'22 59 E 37.81 15 5 33'55 54 W 36.02 16 S 67'43 35 W 12.20 17 N 47'0958W 31.53 18 S 49'04 30 E 21.22 19 N 30'27 22 E 34.84 110 N 28'04 30 W 13.26 III N 03'31 08 W 21 I ,9 112 N 54'37 29 E 26.29 113 1 S 77'06 13 E 29.27 N m ;u 0 0 h ro N � y p g�`P o le MONROE LANE � �G VI= TY YAP (N.T.S) EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) EPK (EXISTING PARKER-KALON NAIL) PROPERTY LINE NON -SURVEYED LINE 9 (CENTER LINE) R/W (RIGHT OF WAY) ® 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACf. PROPOSED FILL AREA 2,404 sq. ft..* NOTES: 1. CORNERS ARE MARKED AS NOTED ON MAP. 2. ALL DISTANCES ARE HORIZONTAL FIELD MEASUREMENTS. 3. AREA COMPUTED BY THE COORDINATE METHOD. 4. THIS PROPERTY IS LOCATED WITHIN THE HIGH HAZARD FLOOD AEC AND THE FIRST LINE OF STABLE NATURAL VEGETATION (FLSNV) WHICH IS LOCATED ON THE OCEAN SIDE IS APPROXIMATELY 195' FROM THE SOUTHERN PROPERTY BOUNDARY BORDERING NORTH ANDERSON BLVD. Course I Bearino I Distance Recommendations for State Permit — Charles Haigh It is the staffs recommendation that the proposal to construct a residence and fill "404 type" wetlands at 1136 N. Anderson Blvd, adjacent to Topsail Sound and the Atlantic Ocean, in Topsail Beach, Pender County, is CONSISTENT with the Rules of 15 NCAC 7H.0306 General Use Standards for Ocean hazard Areas, provided it meets all Local, State and Federal Regulations. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements regarding the fill of §404 wetlands and that the following conditions are met: 1. Future development on the permitee's property may require a modification of this permit or a CAMA minor permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. 2. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 3. All disturbed areas shall be vegetatively planted and mulched within fourteen days of construction completion. 4. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 5. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 6. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). In accordance with T15A:07H.0306(1). the authorized structures shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently threatened, so that the structures are no longer imminently threatened, then they need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under Rule T15A:07H.0308(a)(2). 8. In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break -away without structural damage to the main structure. 9. Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). RECEIVED FEB 12 2�'113 :LF:E014 24t3 NCDENR North Carolina Department of Environment and Natural Resou WITATPROTEI Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 8, 2013 MEMORANDUM: FEB-20 2013 U TO: Jessi Baker LD�� F-HABITATPR07ECTION COD Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D & F Major Permit Application Review E-MAILED Applicant: Charles T. Haigh, Jr.. , Project Location: Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender-County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doua Hua4ett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is 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. SIGNED DATE 127 Cardinal Drive E)d., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910a953964Internet: www.ng=stalmanag6ment.net An Equal OppcduNly kAmimatve Action Employer Pat McCrory Governor February 8, 2013 MEMORANDUM: NCDENR Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History Cj� I? va 19. 2013 John E. Skvarla, III Secretary �1,4% �-13 FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D & F Major Permit Application Review Applicant: Charles T. Haigh; Jr. Project Location: 1136 N. Anderson Blvd., adjacent to Topsail Sound & the Atlantic Ocean in Topsail Beach, Pender County Proposed Project: grade & fill property for construction of a single-family dwelling and retaining wall Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by March 6, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (91'0) 796-7215, when appropriate, in-depth comments with supporting data is 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 attached { comments. SIGNED DATE a;�3 127 Cardnal Drive Ed Wilmington. NC 28405 1716ano:.910-795-7215%FAK 910-395-3984 Internal: wvm.rcmaslahanagemenl.nel MEWZI Ocq=n. ttAB+nzMACem Er,.00M FEB 11 3 2013 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Charles T. Haigh, Jr. 506 Rush Rd. Fayetteville, N.C. 28305 Dear Sir or Madam: Braxton C. Davis Director May 14, 2013 John E. Skvarla, III Secretary 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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (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 requires 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. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DCM Coordinator: 4o6,3Q, (l Permit #: �S ^ IQ MAILING DISTRIIBUTION SHEET Permitee: U �.o r�,� HFn (�rM r1133 ®yrs Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City W ✓s✓ 1 ngtqqQ.D US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Ti L� Cultural Resources: Renee Gledhill -Earl or (environmental.review@ncdcr.go ) Public Water Supply: ra-1Jenoy (WIR �^ Joey White (WARD) Marine Fisheries: n eanne Har �- NC DOT: en Pac Shellfish Sanitation: tti Fowler (/ State Property: Tim Walton Water Quality: K n Hi ins aleigh Jo ennessy (NC DOT) Washington: Anthony Scarborough Wilmington: enhuis — 40 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: M is Dunn (WARD) LPO: Fax Distribution: Permitee #: Agent #: Howell, Jonathan To: Steenhuis, Joanne; Timpy, David L SAW; Christenbury, Mike; Dunn, Maria T.; Baker, Jessi E, Deaton, Anne Subject: Charles T. Haigh Modification Attachments: D00032113-03212013104836.pdf Hello everyone, since the original submittal and distribution of the application, the application has been modified. Attached is a memo detailing the modification as well as corresponding drawings. It appears to have been distributed to some of you by the regional office, but in case you did not receive it or it was lost in the shuffle, I have attached the modification. If you need to resubmit comments, or your comments remain the same, please let me know. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director March 13, 2013 MEMORANDUM TO: Local, State and Federal Review Agencies FROM: Jason Dail DCM - WiHn mgton THRU: Debbie Wilson 9-111 DCM — Wilmington John E Skavarla, III Secretary RE: Charles Haigh — proposed fill project —1136 N. Anderson Blvd, Topsail Beach, Pender County CAMA Major Permit Application - AMENDMENT The subject field investigation report was circulated to your agency on February 6, 2013. As part of the initial proposal, the applicant had requested approval to retain fill material on -site by installing a 56' long retaining wall along the western side of the property, immediately adjacent the upper limits of the "404" type wetlands. At the time, no retention methods were proposed along the side property lines. Subsequent to the initial application submittal, the applicant has provided documentation requesting approval to install two retaining walls along the northern and southern property lines (southern wall measuring 41.81' and northern wall measuring 48.94'). These walls would be constructed to contain all fill material placed on -site without additional concern of fill spilling over or running off into the adjacent wetlands. The attached drawing (dated received by fax on March 12, 2013) should satisfy the concerns raised during initial review. This office has no objection to the proposed modification/amendments submitted as part of this request. If you have any questions concerning these changes, please feel free to contact me at (910) 796-7221. Cc: LDGMJ,-.,DqugMuggett- COE — Dave Timpy D W Q —Joanne Steenhuis RECRIVED MAR 15 Z013 DCM MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nccoastalmanagementnel N�o�/trtt�h/1/C�/arr�ollina An Equal Oppominilyl Alfnnalue Aden Employer {� ,�'`+' oralill .Mar 12 4 3 04:22p Charles Haigh From the desk of Charles t Haigh 910-483-6193 PA ! March 9, 2013 i Ms Joanne Steenhuls 127 Cardiiial Dr. Bat. Wilmington, NC 28405 Dear Ns..Steenhuis. i Re Crass section of Project, 1136 N..Anderson Blvd. ' .I am not a draftsman as you can see from the enclosed drawing. however, I do hope this will snfficp and that it gives you the inforaatiou you need to finish your review. As I hope you cau'see there is•a j'og in the bulk-' 'head across the back of the fill area. Thip is the reault of my straightening out the line except for the 16}56 foot section. Otherwise all other sections of retaining.wall are straight line and I have ehawn the length of each. Sorry I was delayed in'supplying this for you. I was out of tows for ten days'and have had a lot to do once I got beck. If. you need additional infor- mation.I will be happy to provide it. Sincergly, RECEIVED MAR 16 2013 D;;?rfh?ii xyry Howell, Jonathan From: Dunn, Maria T. Sent: Thursday, March 21, 2013 11:37 AM To: Howell, Jonathan Subject: RE: Charles T. Haigh Modification Jonathan, WRC has "no comment" on the requested modification. Thanks. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwfdlife.org Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender Is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Howell, Jonathan Sent: Thursday, March 21, 2013 10:50 AM To: Steenhuis, Joanne; Timpy, David L SAW; Christenbury, Mike; Dunn, Maria T.; Baker, Jessi E; Deaton, Anne Subject: Charles T. Haigh Modification Hello everyone, since the original submittal and distribution of the application, the application has been modified. Attached is a memo detailing the modification as well as corresponding drawings. It appears to have been distributed to some of you by the regional office, but in case you did not receive it or it was lost in the shuffle, I have attached the modification. If you need to resubmit comments, or your comments remain the same, please let me know. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Charles Haigh 2. LOCATION OF PROJECT SITE: 1136 N. Anderson Blvd., adjacent to Topsail Sound and the Atlantic Ocean, in Topsail Beach, Pender County Photo Index - 2006: 25-6587, K, L, M-21 2000: 25-325, K, L, M - 4 1998: 13-291, K, L, M - 5 State Plane Coordinates - X: 2416521 Y: 231318 GPS File: N0205l lA Lat:34°22'39.20"N Long:77°36'53.32"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 11/20/12 and 2/5/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Completed 2/5/13 Office - Wilmington 6. SITE DESCRIPTION: (t�(- (A) Local Land Use Plan — Town of Topsail Beach ti Land Classification From LUP — Developed (residentialyConservation (B) AEC(s) Involved: OH, HIU (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - Municipal (F) Type of Structures: Existing — Vacant land Planned - Single family residence, driveway and retaining wall (G) Estimated Annual Rate of Erosion: 2'/year Source - 2013 LTAASCR Update 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands "404 type" 2,404 sq. ft. (0.055 acres) (B) Non -Vegetated Wetlands Open Water (C) Other 4,830 sq. ft. uplands (0.11 acres) (disturbed) (D) Total Area Disturbed: 7,234 sq. ft. (0.166 acres) (E) Primary Nursery Area: No (F) Water Classification: SA, SB Open: No PROJECT SUMMARY: The applicant proposes to grade the subject property and fill 2,404 sq. ft. of 11404 type" wetlands for the purpose of constructing a single-family residence, driveway and retaining wall. Charles Haigh Page Two 9. PROJECT The applicant's property is located at 1136 N. Anderson Blvd., in the Topsail Beach, Pender County. County. To get to the project site from Wilmington, head north on US Hwy 17 toward Jacksonville. At the intersection of US Hwy 17 and NC Hwy 210, turn right onto NC Hwy 210 towards Surf City. Cross the AIW W (swing bridge) leading into Surf City and turn right at the stoplight onto NC Hwy 50. Travel approximately 5.2 miles south and the property will be located on the right hand side of the road. The property is void of development and there are no identifiable markers on the property; however, there is a bridge that crosses a marginal span of wetlands, located on the north side of the property. This property has a gravel drive and is owned by a Mr. George Evans. Mr. Evans has an active CAMA Major permit on file. If additional directions are needed, please contact either the WiRO office or the applicant. The undeveloped property is approximately 0.797 acres, and is dominated by Section "404 type" wetlands, Red Cedar (Amiperus virginiona), Loblolly Pine (Pinus taeda), Wax Myrtle (Myrica cerifera), Yaupon (Ilex vomitoria) and Virginia Creeper (Parthenocissus quinquefolia). Approximately 24,472 sq. ft. of "404 type" and Coastal Wetlands exists within the property boundaries leaving only 10, 272 sq. ft. of available "high ground". With respect to the applicant's request, approximately 0.06 acres (2,404 sq. ft.) of "404 type" wetlands would need to be filled in order to complete the project. The wetlands that traverse the applicant's property are tidally influenced (most likely on lunar and/or storm tides), and it is likely to flood during extreme storm events. The "404" wetland boundary has been verified by the US Army Corps of Engineers (on 6/30/2011) and the Division of Coastal Management located the upper Coastal Wetlands limit on 11/20/2012. Vegetation within the §404 wetlands consists primarily of Cattails (Typha spp), Sawgrass (Cladium jamaicense), Common Reed (Phragmites australis) and other unidentifed species, while the Coastal Wetlands species consists of Spikegrass Distichlis Vic ,Salt Meadow Hay (Snartina patensl, Black Needlerush (Juncos roemerianos) and Smooth Marsh Cordgrass (Spartina alternijlora). The site averages an elevation of 34' above the Normal Water Level (NWL). The applicant's property is located within the High Hazard AEC, as indicated on the FEMA F.I.R.M Maps. The current long term erosion rate for the area is 2' a year. The setback for a structure less than 5,000 square feet in total floor area is 60' from the static vegetation line. The front lot line is located approximately 200' from the static vegetation line; the Ocean Erodible AEC terminates approximately 50' north of the southern property boundary and the V-zone ends approximately 30' into the property. The waters of the Atlantic Ocean, which are located approximately 350 feet east of the property, are classified as SB by the Division of Water Quality. The waters of Topsail Sound, west of the property, are designated as SA and are also designated as a Primary Nursery Area by the Division of Marine Fisheries. The area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to fill approximately 2,404 sq. ft. (0.055 acres) of Section "404 type" wetlands for development of a single-family residence with associated driveway and retaining wall. The applicant is proposing to construct a private residence with a footprint of approximately 40' in length by 36' in width, including a 1' overhang on each side, with rear and forward facing covered decks. The proposed residence is located immediately west of the Ocean Erodible AEC limit. The proposed unimproved driveway would originate along Anderson Blvd., within the Ocean Erodible and High Hazard Flood AECs and would be roughly 30' in length. The driveway would extend towards the west and terminate beneath the proposed dwelling. Parking would be located beneath the residence. A retaining wall would be constructed along the upper Coastal Wetland line and would extend from north to south, from property line to property line. The wall would measure approximately 56' in length. The elevation of the wall (cap) would be approximately 8' above the marsh substrate. According to the applicant, the wall would be constructed initially and the remaining development would follow. -� RECEI"JGb FEB 12 2013 DCM-N!.HD CTY Charles Haigh Page Two 10. ANTICIPATED IMPACTS The proposed project would result in the filling of approximately 2,404 sq. ft. (0.055 acres) of Section "404 type" wetlands and the entire disturbed area would be approximately 7,234 sq. ft. (0.166 acres) including the wetlands fill, house construction, driveway, retaining wall and subsequent landscaping. No coastal wetlands would be impacted as part of this proposal. Submitted by: Jason Dail Date: February 6, 2013 Office: Wilmington RECEIVED FEB 12 2013 DCM-MHD CITY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. Article Addressed to: 3574; A knenrr, &44 44319 A. I I B3'U 05 Agent C. Date of Delivery CY D. Is deli%�g add m 17 ❑ Yes If VEST ea> bllow: No DCM WILMINGTON, NC JAM 15 1013 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Reglstemd ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? /Extra Fee) ❑ Yes 2. Article Number 7011 1570 0002 4654 5323 (transfer from IS Form 3811, February 2004 Domestic Return Receipt 102595-02-ri-1540 UNITED STATES POSTAL SERVICE I II I� I Pe PmStN G Postage I&Fe;�sPaid • Sender: Please print your name, address, and ZIP+4 in this box c_ l0lII-) !;; lc � s� ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. In Attach this card to the back of the mailpiece;,. or on the front if space permits. 1. Article Addressed to: 41-'�V'7e 5076915�A Ale, `� 5 A. X A7' gent `B� Received b (P�{6i4d Name) C. Date of Delivery n nv`1 , �� v A c � V �'Z� D. Is delivery Pddress different from item 17 ❑ Yes If YES, ent"CCPITf n. 1D Eil'No DCM WILMINGTON, NC 11 JAN 15 AQ 3. Service lype ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Deliveryl (Extra Fee) ❑ Yes �2. Article Number 7011 1570 0002 4654 5316 (transfer from service PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNrrED STggSAERVICE,, F'A6 i.P,tS I ' G'±i.Y.S� 33L.1:LI.s� CoaStM ✓ arora UTta At 2 • Sender: Please print your name, address, >� Lip �x,s r„►,rr„r,,,rerr,,,,►,r„n,nlr,,,,,rrt,Ir,rt,,.,rr,,.r„rt From the desk of Charles T. Haigh January 14, 2013 Mr. Jason Dail C/o DENR 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Mr. Dail: You will find enclosed the original USPS "green cards" for notices sent to George Evans and James Davis, adjacent property owners to my lot at 1136 N. Anderson Blvd., Topsail Beach, NC. Also included is an excerpt from Jones map of the proposed fill area as flagged by you on 11/20/12. As I proposed and as shown on my drawing of the si I would draw a line extending "C3" south to the so property line thereby excluding the area above C3 Cl. I would like to trade this fill area for the area above C4 to C3 extended northward to my line. This would straighten out the north -south line across the fill area: Hopefully, you can consider this as mitigating the very small additional fill area. I will appreciate anything you can do for me as to the above request and look forward to hearing from you soon. I am beginning to be pushed for time as I still have to get a yes or no for the septic tank from the Pander Co. Health Dept. before the appeal of property value time frame expires. Yours truly, C FE.B 12 701 DCM WILMINGTON, NC JAN 15 1.0113 �►t� PR VE R North Carolina Department of Environment and Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director February 8, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Combo Public Notice in Pender County: • Charles Haigh • Scotts Hill Marina MM137-10 Natural Resources John E. Skvarla, III Secretary Kyle/Heather: Please publish the attached Notice in the Wednesday, February 13, 2013 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796- 7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Since ely, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910.395-3964Internet: www.nccoastalmanagement.net RECEIVED FEB 12 2013 DCM-MHD CITY An Equal Opportunity 1 A9irfive Acbm Emooyer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following have applied for development permits in Areas of Environmental Concern in Pender County, as designated under the CAMA: On February 5, 2013, Charles Haigh proposed to grade & fill site in preparation for construction of a single-family dwelling at 1136 N. Anderson Blvd, adjacent to the Atlantic Ocean & Topsail Sound, in Topsail Beach. And on February 6, 2013, Scotts Hill Marina c% B&M Holdings, LLC proposed to construct a dry -stack storage facility at 2570 Scotts Hill Loop Rd., adjacent to the AIWW & Middle Sound. Copies of these entire applications may be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 6, 2013, will be considered in making the permit decisions. Later comments will be accepted and considered up to the time of permit decisions. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of permit decisions in these matters will be provided upon written request. d; RECURD FFB 12 2013 DCM-MM CITY FCDr- North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary February 6, 2013 Charles Haigh 506 Rush Road Fayetteville, NC 28305 Dear Mr. Haigh: The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval of a single-family residence, with associated Section 404 wetland fill, at 1136 Anderson Blvd., adjacent to the Atlantic Ocean and Topsail Sound, in Topsail Beach, Pender County. It was received as complete on February 5, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 21, 2013. 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. If this agency does not render a permit decision within 70 days from February 5, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. cerely,�/l n at field Representative cc: Doug Huggett, DCM Dave Timpy, COE 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net RECEIVED FEB 12 2013 DCM-MHD CrrY An Equal opportunity 1 Alremative Action Employer T 1 (0"'$ 1 ?gA AMA PERMIT APPLIES FOR AndersonPROJECT: Applocant proposes to qrade & foil site On ClICILIOn lo, Of family dwelling 113b N. . .. • Tops�Aml Sound, in Topsail Beach, Pendar Cn, COMMENTS ACCEPTED THROUGH March 6, 2013 APPLICANT: r-via��a•i � � t:.�■: ►ter-c:r�i�t• FOR MORE DETAILS CONTACT N6'64- P&f66�6fAFWri i66A%6iW '1 1 . Wilmington, NC 28405 Jason Uali, Field K re �Op�l SATISFACTION: The debt secured by the within Deed of Tritst together with the note(s) secured thereby has been Satisfied in fail. This the ________ day of ______________________________ lf______- Signed:---------------------------------------------------- Recording: Time, Book and Page Tax Lot No. ---------------------------------------------------------- Parcel Identifier No. _____------_-_ Verified by ________________________________________________ County on the ----__-- -- day of ----- --_--_----------- _-____----- .-__ t9__-____- by------------------------------------------------------------------ ---------_--__ ._ _-- --------------------------------------------- Mau after recording to -------- JQhu_ N•__MeClainf_ Jr,____------------ ------------------- P. 0. Box 527, Raleigh, NC 27602 ---------------------------------------------------------------------------------------------------------------------------------------------- This instrument was prepared by ___ DEiaf�_ S:_ LINGLEr_ ACtOI'RCx ---------- ------------------------ Brief description for the Index Pt Lt 20 Eliz. Parsley Sub. NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 29th day of December , 19 86 , by and between: GRANTOR HENRY KIRBY and wife, TINA KIRBY and JOHN McCLAIN, JR. and wife, FRANCES McCLAIN TRUSTEE DENA S. LINGLE BENEFICIARY CHARLES T. HAIGH, JR. and wife, MARGARET C. HAIGH :ll`tr )f';IN ' Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and Shall Include singular, plural, masculine, feminine or neuter as required by context. R'ITNESSETH, That whereas the Grantor is indebted to the Beneficiary In thenSEVENTY-FIVE THOUSAND e principal sum of _______________________________________ EIGHT HUNDRED EIGHTY-EIGHT AND 17/100-------- ------ 75,888 17 --------------_'--------------------------------- er—'et-w------'------------------------------------ Dollars due date for yment as evidenced by a promissory note of even date herewith, the terms of which are Incorporated herein by reference. The final due date for payment of said promissory note, if not sooner paid, is __January I, 2002. NOW, THEREFORE, as security for said debt and a valuable consideration, receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City of ____TOpsail Beach- Grady- _____ ________ Being that portion of Lot 20, Elizabeth Parsley Subdivision, lying between N. Anderson Blvd. and the Atlantic Ocean , known as 1137 N. Anderson Blvd. as shown on a map of such subdivision prepared by Charles H. Foard, C. E., on or about the 28th day of February, 1953, which said map is recorded in Map Book 5, at Page 68 of the Registry of Pender County, reference to which is made for a more complete and accurate description. N. Anderson Blvd. is shown on said plat as an unnamed 60-foot right of way. This conveyance is made subject to those restrictive covenants of record in Deed Book 422, Page 378, Pender County Registry. V c 1977 — James W iliiomv 5 Co.. iw., Box 127. VMkinvioa. N.L. 27055 ,'l TO HAVE AND TO HOLD said real property with all privileges and appurtenances thereunto belonging, to the said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. It the Grantor shall pay the note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, and shall comply with all of the covenants, terms, and conditions of this deed of trust, then this conveyance shall be OUR and void and may be cancelled of record at the request of the Grantor. If, however, there shall be any default In any of the covenants, terms, or conditions of the note secured hereby, or any failure or neglect to comply with the covenants, terms, or conditions contained In this deed of trust, then and in any of such events, if the default is not made good within fifteen (15) days, the note shall, at the option of the Beneficiary, at once become due and payable without notice, and it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may be then required by law and giving such notice and advertising the time and place of such sale In such manner as may be then provided by law, and upon such and any resales and upon compliance with the then law relating to foreclosure proceedings to convey title to the purchaser in fee simple. The proceeds of the Sale shall alter the Trustee retains his commission be applied to the costs of sale, the amount due on the note hereby secured and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five per cent of the gross proceeds of the sale or the minimum sum of 9------------------ whichever is greater, for a completed foreclosure. In the event foreclosure Is com- menced, but not completed, the Grantor shall pay all expenses incurred by Trustee and a partial commission computed on five per cent of the out- standing indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to wit: one-fourth thereof before the Trustee issues a notice of hearing on the right to foreclose; one -hall thereof after Issuance or said notice; three -fourths thereof after such hearing; and the greater of the full commission or minimum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against Ins. by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not ex- ceeding that amount necessary to Day the sum secured by this deed of trurt, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay the premiums therefor or d eliver said policies along with evi- dence of payment of premiums thereon, then Beneficiary, at his option, may purchase such Insurance. Such amounts paid by Beneficiary shall be add- ed to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein re- quired, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary. 1. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor I. not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 4. WASTE. The Grantor covenants that he will keep the premises herein conveyed In as good order, repair and condition as they are now, reason- able wear and tear excepted, and that he will not commit or permit any waste. 5. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and tree and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 6. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that In case the said Trustee, or any succes- sor trustee, shall die, become incapable of acting, renounce his trust, or for other similar or dissimilar reason become unacceptable to the holder of the Note, then the holder of the Note may appoint, In writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all the rights, powers, and duties of the Trustee. 7. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he Is a licensed attorney, to represent him in said action and the reasonable attorney's fees of the Trustee in such action shall be paid by Beneficiary and charged to the Note and secured by this Deed of Trust. S. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this deed of trust is subordinate shall constitute default hereunder. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in Its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (Corporate Name) �4 4 ___ _____ __ _________________________________________(SEAL) ------------------------------------------------------------- HENRY KIRBY By: ---------------------------------------------------------- ,'Z,_________________________________________(SEAL) __________________________________President TINA KIRBY RECEIVED ATTEST: ____ _ _____ ________________________________(SEAL) JOHN McCLAIN, JR. ---------------- f-220-- __________________________Sectetary (Corporate Seal),.�____________-___- ____(SEAL) FRANCES McCLAIN SEAL -STAMP NORTH CAROLINA- ____________ DrA4-]um CITY I, a Notary Public of the cpnntr and state aforesaid, certify that ___Benry_-- Tina_ Kirbyt_ and ----- John and Frances McClain, Jr. ___________________________________________________________________________________________________ Grantor, a W personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my 0 P hand and official stamp or seal, this _29thday of Pecelllk) K--------------- 1986. MY commission expires: _______________________________ ---------------------------------- ..Notary Public SEAL -STAMP NORTH CAROLINA, ________________________County I, a Notary Public of the County and State aforesaid, certify that __________________________________________ ■ personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of 'r------------------------------------------------------- a North Carolina corporation, and that by authority dulj given and as the act of the corporation, the foregoing Instrument was signed in its name by Its _______________ Y p President, sealed with its corporate seal and attested by ___________ as Its ___________________________ Secretary. Witness my hand and official stamp or seal, this ______ day or _________________________ 19_____- MY commission expires: ___________________ _----------------------------------- Notary Public The foregoing Certificate(st) of ______________________________________________________________________________________________________________________________________________ ________________________________._____________________________________________________________-_____-_ is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. _________________________________________------------------------ REGISTER OF DEEDS FOR ----------------------------------- COUNTY By-----------------------------------------------___________Deputy/Assistant-Register of Deeds. \. C. Ear \ss is Furn1 No. S .c V 1977 -James Willums a Ca., Inc.. Boa 127. Ya�Yimilla. N. C. 27055 PrmM Ay Agreemei�; w �eN C I NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: Mr. Charles Haigh File Number: 201100944 Date: 6/30/2011 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration t the Corps to reevaluate the JD. I- I t'�. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 201100944 County: Pender U.S.G.S. Quad: Holly Ridee NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mr. Charles Haigh Address: PO Box 53951 Fayetteville, North Carolina 28305 Telephone No.: 910-624-4818 Property description: Size (acres) 0_8 Nearest Town Topsail Nearest Waterway Topsail Sound River Basin New River USGS HUC 03020302 Coordinates N 34.3784 W-77.61578 Location description The property is located at 1136 Anderson Boulevard North in Topsail, North Carolina (PIN 4213-71-7581-00M. Indicate Which of the Followin¢ Apply: A. Preliminary Determination ,?,, Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC, § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. /We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delinearion must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/30/2011. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a��period not to exceed five years from the date of this notification. RECEIVED [-[I- 1 2 L013 T)CM-MIM CITY .A7. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Crystal Amschler at 910-2514170. C. Basis For Determination Coastal Plain Reeion Supplement Section 10 waters were identified using MHW. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Crystal Amschler, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 8129/2011. **It is not necessary to submit an RFA form to the District Office ' u do not object to the determination in this correspondence." Corps Regulatory Official: Date 06/30/2011 Expiration Date 06/30/2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at Irtti):Hper2 nwg usace army miVsurvev html to complete the survey online. Copy furnished: F.W. Jones Surving Company Attn: Frederick W. Jones RECEIVED 11 I E. Fremont St Burgaw, North Carolina 28425 I '? 6 DAM A9ED C,TY 1 dld, _.�i �. _ .� y ,.. .. �., .. ,. _I :, TOWN OF TOPSAIL BEACH ZONING/EXCAVATING/GRADING PERMIT 820 S ANDERSON BLVD TOPSAIL BEACH, NC 28445 Phone:910-328-5841 FAX:910-328-1560 DATE ISSUED: 09/19/2012 LOCATION: 14AIGH 1136 NORTH ANDERSON OWNER: CHARLES HAIGH, JR CONTRACTOR: SUBCONTRACTOR ID/NAME DISTRICT LOT PERMIT #: 2012-110437 TAX MAP PARCEL# ZONING DISTRICT TOTAL VALUATION $0 SUBCONTRACTOR TYPE TYPE CONSTRUCTION: RES SINGLE FAMILY OCCUPANCY GROUP: RESIDENTIAL FEE CODE FEE OTHER TYPE PERMITS/TECH FEE PER PERMIT 5.00 OTHER TYPE PERMITS/OTHERS - ZONING/FLOODPLAN 25.00 TOTAL PAID: 30.00 "PAID IN FULL" TOTAL AMOUNT: 30.00 REMARKS: SEPTIC APPROVAL I hereby certify that all information above is true and correct. That all work under this permit shall comply to all Town ordinances, State and Federal laws pertaining thereto, whether specified or not, and in accordance with any plans submitted or required to be submitted regulating building codes and building construction in the Town of Topsail Beach, NC. I further agree to remove all construction debris from the site when completed. And that I am the owner or authorized by the owner to do the work described in this permit. Permit shall be void if construction authorized by permit shall not have been commenced within six (6) months afte the date of issuance thereof, or if after commencement of construction, the work shall be discontinued for a period of twelve (12) months, work shall not be resumed until permit has been renewed All final inspections are mandatory before occupancy. All work shall be performed by a licensed contractor in this state. It is unlawful and illegal to occupy any building before final inspection and a certification of occupany has been issued. All fees are non-refundable after 60 days. ��� Gov (SIGNATURE R) RECEIVEL �6 (ISSUED BY) ( ATE) Dail, Jason From: Dail, Jason Sent: Wednesday, January 30, 2013 2:07 PM To: 'Charles Haigh' Subject: CAMA Major permit information - signature and acknowledgement needed Attachments: haigh.pdf Mr. Haigh, I have attached several pages of your CAMA Major permit application which include changes to the forms based on comments I received from you. If you would, please initial and date the pages or review them and send me a response, acknowledging your acceptance and approval of the changes I made, per your request. Once I have that information, I will begin processing your package. As always, please feel free to call if you have any questions. Thank you and take care. Jason ►asott Field Representat e %.C.Division of Coastal Management 127 Cardinal Drive Extension Wilmington, \C 28 �0�5� i "'�ru P04910)796_72�f Fasc(910)395-3964 r Ent ail: lason.Aail(Nncdenrgov �txwatc<oastalmanagementatet Sorth Catolina Depatttnent of 11poeut and :'iaan a1 Re *Please note that e-mail correspondence to and from this address maybe subject to the North Carolina Puhlic records Law and may be disclosed to third parties.* Dail, Jason From: Dail, Jason Sent: Wednesday, January 16, 2013 8:52 AM To: 'Charles Haigh' Subject: Additional Information - CAMA Major Permit Good morning Mr. Haigh, I received your revised plan yesterday as well as the signed certified mail receipts. Thank you for sending that so expeditiously. I do, however, have some concerns based on your latest submittal. As you indicate, you plan to fill an area of Coastal Wetlands to "straighten" the proposed bulkhead alignment between the delineation points C3 and C4. Please note that this plan is inconsistent with our Rules and therefore is an activity that cannot be permitted. I appreciate you eliminating the area of fill waterward of the proposed wall, but the plans will need to be revised to reflect the withdrawal of Coastal Wetland fill. In addition, any changes you make to the site plan drawings will need to be referenced in the actual permit application and those documents will also need to be resubmitted. I am more than happy to meet with you to discuss these corrections and get things in order, but the review process requires that everything be complete prior to submission/circulation. Please feel free to give me a call to schedule a meeting or discuss these items in greater detail. I will be around the office today and Friday. Thank you, jason la:on Dail Field Rvprt,eutatite l.C.Dirision ofCoastal Management 127Cardinal Diivr Extrusion € pnilngtan,tiC2$ e�l t: (()10)78o�72 Fntailtla:zm,dyil(�n�d�ur.vor tt"wwajccoa st'a l nk a l%age in a It t at et IMMM �rth l:arahua D�Patrturset of hnnrut anti 'lanerai iiasue� *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* RECEIVED ..., ...1..y.. Dail, Jason From: Charles Haigh [cth41133@msn.com] Sent: Wednesday, January 16, 2013 6:53 PM To: Dail, Jason Subject: RE: Additional Information - CAMA Major Permit Attachments: image003.png Follow Up Flag: Follow up Flag Status: Flagged I think it best to leave the project application as submitted due to the approaching time to contest the tax value. However, can I be allowed to omit filling in the area below C1, C2 and follow the line C3 and C4. In other words, not fill in the small area above C4. This would result in just one jog in the line. Have you received a new map from Fred Jones? I have not Thanks for agreeing to met with me, however, at this time I am trying to get up my tax info to take to my CPA. If we can settle these last remaining issues via email or telephone it would help me. Sincerely, Charles Haigh From: iason.daikancdenr.gov To: cth41133Coi)msn.com Subject: Additional Information - CAMA Major Permit Date: Wed, 16 Jan 2013 13:52:31 +0000 Good morning Mr. Haigh, I received your revised plan yesterday as well as the signed certified mail receipts. Thank you for sending that so expeditiously. I do, however, have some concerns based on your latest submittal. As you indicate, you plan to fill an area of Coastal Wetlands to "straighten" the proposed bulkhead alignment between the delineation points 0 and C4. Please note that this plan is inconsistent with our Rules and therefore is an activity that cannot be permitted. I appreciate you eliminating the area of fill waterward of the proposed wall, but the plans will need to be revised to reflect the withdrawal of Coastal Wetland fill. In addition, any changes you make to the site plan drawings will need to be referenced in the actual permit application and those documents will also need to be resubmitted. I am more than happy to meet with you to discuss these corrections and get things in order, but the review process requires that everything be complete prior to submission/circulation. Please feel free to give me a call to schedule a meeting or discuss these items in greater detail. I will be around the office today and Friday. Thank you, jason RECEIVED FEB 12 2013 DCM-MHD CITY Dail, Jason From: Dail, Jason Sent: Thursday, January 10, 2013 2:39 PM To: 'Charles Haigh'; 'Fred Jones' Subject: 1136 Anderson Blvd. - CAMA Major Permit application - Additional Information Requested. Mr. Haigh, I received the CAMA Major permit application from you, for development activities located on your property, located at 1136 Anderson Blvd., in Topsail Beach, NC, and I have a few questions that need clarification. The below referenced items should be addressed and the applicable information submitted to our office. The Division of Coastal Management hereby acknowledges receipt of your application, requesting state approval for development at 1136 Anderson Blvd., in Topsail Beach, Pender County. However, your application lacks information necessary for complete processing. The below referenced items indicate the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. On the work plan drawings, your surveyor show the location of "approximate low water" and not the "normal high water" or NHW line, which is what is used to determine our jurisdictional boundaries. Please have your surveyor located and label the NHW line on the plans, as well as the 75' Area of Environmental Concern (AEC), as measured from the NHW line. Also, please have the surveyor note on the plans that this property is located within the High Hazard Flood AEC and the First Line of Stable Natural Vegetation (FLSNV) which is located on the ocean side, is approximately 195' from the southern property boundary bordering North Anderson Blvd. Also on the drawing, you show an area of fill below (waterward) the proposed retaining wall. The area in question is located between the Coastal Wetland delineation points C1 and C2 and extends back to the retaining wall. Please either remove this area of unnecessary fill from the drawings and/or application package or demonstrate the necessity for the fill. The site plan still shows the presence of a "bulkhead" that is situated on the northern property line, closer to Topsail Sound. Please indicate whether or not the referenced "bulkhead" is existing or proposed. If it is not existing or part of this development plan, please eliminate it from the drawing(s). Also, please show the location of the proposed septic system on one of the site plans. Could you please provide the original signed certified mail receipts or "green cards" from the two adjoining property owners? I look forward to hearing back from you and if you have any questions, please feel free to call. Take care, Jason RECEiV D n''^ alrsCTTv Dail, Jason From: Charles Haigh [cth41133@msn.com] Sent: Thursday, January 10, 2013 6:48 PM To: Dail, Jason Subject: Re: 1136 Anderson Blvd. - CAMA Major Permit application - Additional Information Requested. I have received your email and will contact Fred Jones to ask him to get the high water lines shown on a map and to remove the bulkhead down by the sound since it is not on my property. I will have this forwarded to you. Please note on my site plan drawing of the lot and cottage location that I did not exactly follow the line indicated on the surveyor's map showing the allowable fill area. I am giving up some of the allowable area in order to straighten out the line somewhat. It should be clear from my drawing that I am not proposing to fill beyond the allowed boundary. I will be in Wilmington on Monday and would like to go over the application with you in person in order to get everything completed. Could we meet sometime around 1:30? I will bring the "green cards" with me unless you cannot see me Monday. If that is the case I will get them in the mail to you. Charles Haigh — Original Message --- From: Dail. Jason To: Charles Haigh ; Fred Jones Sent: Thursday, January 10, 2013 2:39 PM Subject: 1136 Anderson Blvd. - CAMA Major Permit application - Additional Information Requested. Mr. Haigh, I received the CAMA Major permit application from you, for development activities located on your property, located at 1136 Anderson Blvd., in Topsail Beach, NC, and I have a few questions that need clarification. The below referenced items should be addressed and the applicable information submitted to our office. The Division of Coastal Management hereby acknowledges receipt of your application, requesting state approval for development at 1136 Anderson Blvd., in Topsail Beach, Pender County. However, your application lacks information necessary for complete processing. The below referenced items indicate the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. On the work plan drawings, your surveyor show the location of "approximate low water" and not the "normal high water" or NHW line, which is what is used to determine our jurisdictional boundaries. Please have your surveyor located and label the NHW line on the plans, as well as the 75' Area of Environmental Concern (AEC), as measured from the NHW line. Also, please have the surveyor note on the plans that this property is located within the High Hazard Flood AEC and the First Line of Stable Natural Vegetation (FLSNV) which is IQcated on the ocean side, is approximately 195' from the southern property boundary bordering North Anderson Blvd. Also on the drawing, you show an area of fill below (waterward) the proposed retaining wall. The area in question is located between the Coastal Wetland delineation points C1 and C2 and extends back to the retaining wall. Please either remove this area of unnecessary fill from the drawings and/or application package or demonstrate the necessity for the fill. , -a. M3 The site plan still shows the presence of a "bulkhead" that is situated on the northern property line, closer to Topsail Sound. Please indicate whether or not the referenced "bulkhead" is existing or proposed. If it is not existing or part of this development plan, please eliminate it from the drawing(s). Also, please show the location of the proposed septic system on one of the site plans. Could you please provide the original signed certified mail receipts or "green cards" from the two adjoining property owners? I look forward to hearing back from you and if you have any questions, please feel free to call. Take care, Jason EM field Reyresetttative N.C. Division of Coastal ?lanagenitnt t27 Cardinal Dtive Extension Wilmington, %C 2>31. fK:(9IQ)7 .72U5 i Faac(410)345,3964 + - Email- Jasonxlaihfi ncdent gov tsu w.nttoastalmanagenlont net \oath Carolina Deyattruent of Piuvitonmew and latua al Resources *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* RECEIVED 1 2 2.013 Dr-M-NAMD CITY CHARLES T. HAIGH. JR. 506 Rush Rd. Fayetteville, NC 28305 Tel. & FAX Nos.:910/484-9815, Cell: 910/624-4818 December 22, 2012 NC Div. of Coastal Management 127 Cardinal Drive Estension Fayetteville, NC 28405 Attention Mr. Jason Dail: Dear Mr. Dail: Re Application for Major Permit The purpose of this application is to obtain a permit to build retaining walls around 2314.61 square feet of wetland on a lot I own on Topsail Island at 1136 N. Anderson Blvd., Topsail Beach. If permission is obtained I plan to back fill behind the walls to raise the level of this portion of the lot to be more or less level with the roadway. This, will provide enough ground space to construct a residence and install a septic system if and when I decide to build or to market the property unimproved. You can locate the lot by finding a cottage called "The Legal Pad" at 1137 N. Anderson Blvd. It is directly behind it on the sound side of the road. You will find attached to this cover letter the following forms, drawings, maps and other documents along with a check for $300.00, the balance of the application fee. 1. MP-1 2. MP-2 3. Letters to adjoining property owners 4. Corp of Engineers Notification of Jurisdiction 5. Copy of the deed to the lot RECEIVED FEB 12 2013 DEC 2 7 2w Dreg?d 5:DCITY 6. Scale drawing of affected area with attached surveyor's map showing wetlands, area to be filled, and tidal elevations 7. Additional surveyor's map w/o fill area noted 9. Scale drawing of proposed building site 10. Scale drawing of possible improvement as situated on property 11. Scale drawing of cross section of lot with improvement 12. Copy of Zoning/Excavation /Fill Permit from Town of Topsail Beach Please note that my drawing of the proposed fill area is somewhat less than that designated on the surveyor's map. I gave up a small amount to make the back line less contorted. Thank you for your help and consideration of my application. AC.-,-, . Charles T. Haigh, Jr. qt / 8EC8rrED REM DEC 2011 FEB 12 2013 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following have applied for development permits in Areas of Environmental Concern in Pender County, as designated under the CAMA: On February 5, 2013, Charles Haigh proposed to grade & fill site in preparation for construction of a single-family dwelling at 1136 N. Anderson Blvd., adjacent to the Atlantic Ocean & Topsail Sound in Topsail Beach. And on February 6, 2013, Scotts Hill Marina c% B&M Holdings, LLC proposed to construct a dry -stack storage facility at 2570 Scotts Hill Loop Rd., adjacent to the A1WW & Middle Sound. Copies of these entire applications may be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 6, 2013, will be considered in making the permit decisions. Later comments will be accepted and considered up to the time of permit decisions. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of permit decisions in these matters will be provided upon written request. RECUT VED FFt 12 2013 D" M NT) CITY OEM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director February 8, 2013 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Combo Public Notice in Pender County: • Charles Haigh • Scotts Hill Marina MM137-10 John E. Skvada, III Secretary Kyle/Heather: Please publish the attached Notice in the Wednesday, February 13, 2013 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796- 7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Since'Fly, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910.395.3964Internet: www.nocoastalmanagement.net RECEIVED "= 12 2013 Drgr_MHD CITY An Equal Opportunity 1 Affirmative Action Empoyer D►4 MAJOR PERMIT FEE SCHEDULE 3 Charles Haigh / $400 / Pender Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 1 $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands ,and/or open water areas: $475 60% $285 40% $190 RECEIVED FEB 12 2013 DCM-MIM CITY 0.833 ACA * - GRO n n79 er - - a /M, 0.798 AC.. - NET OR 34, 745 SQ. FT. SURVEY REFERENCE: MAP BOOK 5 AT PAGE 68 LOT 20 - ELIZABETH PARSLEY DIVISION PENDER COUNTY REGISTRY TOPSAIL SOUND EIP N 51'22'06 4.J9' 12 119 28 05 I 112 x 7 N �� N Co 0, ^ f Course Bearing Distance 11 S 68'08 04 W 32.81 12 T 84.06 43 W 22.91 13 N 02-26 57 E 24.42 14 N 28'22 59 f 37.81 15 S 33'55 54 W 36.02' 16 S 6743 35 W 12.20 17 N 4709 58 W 31.53 18 1 S 49'04 30 E 21.22 19 N 30'27 22 E 34.84 110 N 28'04 JO W 13.26 Ill W 03'31 08' W 21.11 112 N 5437'29" E 26.29 I13 S 7706 13 E 29.27 114 S 15'4225" W 20.83 115 S 71-08 23 E 14.90 116 S 62'09 29 E 12.49 117 S 09'28 17 W 28.98 I18 S 20'44 48 W 22.22 119 S 53'21 21 W 30.69 120 S 49-1620 W 20.32 121 S 12.47 09 W 16.54 122 S 30.39 40 E 12.40 123 N 48'41 '48 E 14, 62 W N M m I EIS -4.71' - - - 209.5 sq. ft. LEGEND: 0 n I� 0 IS VICINITY MAP (N.T.S) 11 EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) EPK (EXISTING PARKER-KALON NAIL) PROPERTY LINE NON -SURVEYED LINE CL (CENTER LINE) R/W (RIGHT OF WAY) 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACt. "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE o BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS o DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE rn IN THE LAW OR OUR PUBLISHED REGULATIONS THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF 5 YEARS. DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS ---N DELINEATION MANUAL." TOTAL 404 WETLANDS SHOWN P�h y ON THIS PLAT IS 0.549 ACt. NAME OR NHILE 24,683 SQ. Fr. a � DATE 0_ W g CERTIFICATION OF SURVEY AND ACCURACY 0 M M 1, Frederick W. Jonas, PLS, certify that this plat was drawn by me from an actual field survey made by me from information as noted hereon; that cn the boundaries not surveyed are clearly indicated as dashed lines; that and belief. this map was prepared in accordance with "The standards of practice fo land surveying in NC"' that the ratio of precision as calculated is 1:10000+ qj and is correct to the best of my knowledge o' Witness my original Signature, License Number and Seal IA this -!0 ---- day of --MA __ AD, 2011 25.14' NC License h NOTES: �CAf� A. SEAL w A603 • I. CORNERS ARE MARKED AS NOTED ON MAP. 2. ALL DISTANCES ARE HORIZONTAL FIELD EIS MEASUREMENTS. 3. AREA COMPUTED 4. TH S PROPERTY IS YRDINATE METHOD. N 5. NO KNOWN HORIZONTAL CONTROL WITHIN 2,0001 . FEB 12 2013 ���qt1 R : Q' SEAL L•4503 39.04' 9'I 1\ I :�i'�EQ G SURvt T----------- EIP1 50.7_1' EIP 7>/9/' ----- ---- ---- 7/f1 QKIW; S 51.13'49"W -- N 3734 26 "W S 38'33 54 E 29.2 1' 51.22' 29.02 V - E'PK' S 51.01'22"W E'PK' S 51'59'11"W 748.27' -�EPK' - NORTH ANDERSON BLVD. (60' WIDE RIW PUBLIC) 404 WETLANDS MAP FOR CHARLES T. HAIGH, TOWN OF TOPSAIL BEACH 1136 ANDERSON BLVD. TOPSAIL BEACH NC 28445 JR. TOPSAIL TOWNSHIP - PENDER COUNTY - NORTH CAROLINA SCALE: 1 " = 60' MAY 30, 2011 60 0 60 120 180 GRAPHIC SCALE - FEET F.W. JONES Surveying Company N.C. LICENSE No. F-1036 P.O. Box 1471 Ill East Fremont Street Burgaw, NC 28425 Ph:' (910) 259-2954 Fx: (910) 259-9040 Em: ionessurvevina®bellsouth., File: PARSLEY EUZ48M Dwg. No.: PM 20 HAIGH CHARLES LTOPSAIL SOUND APPROXIMATE LOW WATER 5122'06 E _ _ _ EIP 50.98' EIS _ APPROXIMATE HIGH WATER 4.39'-G 120 4.71' 30' CAMA LINE 209.5 sq. ft. SURVEY REFERENCE. Zg 95 112 MAP BOOK 5 AT PAGE 68 LOT 20 - ELIZABETH PARSLEY DIVISION / RENDER COUNTY REGISTRY Nh � _ ro ol 'a FLOOD ZONE ELEI�f 10_ - 0 FLOOD ZONE ELEV.= 11 �1 LEGEND: o + Pt. (POINT) \ o 0 EIP (EXISTING IRON PIPE) m �9 OR EIS (EXISTING IRON STAKE) PROPERTY LINE - - - - - NON -SURVEYED LINE (CENTER LINE) R/W (RIGHT OF WAY) Course Bearing Distance 17 S 68'08 04 W 32.81 12 S 84'06'43 W 22.91 13 N 02'26 57 E 24.42 14 N 28'2259" E 37.81 15 S 33'55 54 W 36.02 16 S 67'4335" W 12.20 17 N 47'09 58 W 31.53 18 S 49'04'30 E 21,22 19 N 30'27 22 E 34.84 110 N 26'04'30" W 13.26 Ill N 03'31 08 W 21. 11 112 N 54'3729 E 66.29 113 S 77'06 13 E 29.27 114 S 75"4225 W 20.83 115 S 71'08'23 E 14.90 116 S 62'09'29" E 12.49' 117 S 09.28 17 W 28.98 118 S 20'44 48" W 22.22 119 S 53'21 21 W 30.69 120 S 49' 16 20 W 20.32' 121 S 72*47'09 W 16.54' 122 S 30'39 40' E 12.40 123 N 48'41'48 E 14.62' I rn� a ov J LEGEND: LINE O a Av c �� N 'to C Y�� 9j2 97i hp O�A� MONROE O LANE � �+ P VICINITY MAP (N.T.S) EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) EPK (EXISTING PARKER-KALON NAIL) PROPERTY LINE NON -SURVEYED LINE (2 (CENTER LINE) R/W (RIGHT OF WAY) ® 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACt. PROPOSED FILL AREA 2.404 sq. ft.t NOTES: 1. CORNERS ARE MARKED AS NOTED ON MAP. 2. ALL DISTANCES ARE HORIZONTAL FIELD MEASUREMENTS. 3. AREA COMPUTED BY THE COORDINATE METHOD. 4. THIS PROPERTY IS LOCATED WITHIN THE HIGH HAZARD FLOOD AEC AND THE FIRST LINE OF STABLE NATURAL VEGETATION (FLSNV) WHICH IS LOCATED ON THE OCEAN SIDE, IS APPROXIMATELY 195' FROM THE SOUTHERN PROPERTY BOUNDARY BORDERING NORTH ANDERSON BLVD. Course Bearing Distance C1 N 51'2839 E 12.61 C2 S 85'07 06 E 16.06 C3 N 46'2706 E 10.57 C4 N 67' 1 B 37 E 16.56 h16 �25.14' O��e ,/�2 'A J 65 2�11 NI s �� ( 5 RECEIVED to oUi (b�� m o EIS FEB 1 CU13 J LO C3 \S 41.81 ' 2AOA a !T0 /J�\ 111l1� In14;,L1:_ sq fr 48.94' ov RECEIVED Z 4,04- 7 DCM WILMINGTON, NC .a�`°� ¢ "qoc C-1't1 39.04' FEB 0 5 2313 d EIh 50.71' EIP N 37'3426"w S 51.13'49"W S 38'33'54"E 29.21' 51.22' 29.02'- E'PK' S 51'01'22"W E'PK' -� - S 51'59'11'W 748.27' E'PK' NORTH ANDERSON BLVD. (60' WIDE R/W PUBLIC) PROPOSED FILL F.W JONES 0.10 AC. OF 404 WETLANDS Surveying Company N.C. LICENSE No. F-1036 FOR P.D. Box 1471 TOPSAIL TOWNSHIP - PENDER COUNTY - NORTH CAROLINA Ill East Fremont Street CHARLES T. HAIGH, JR. SCALE: 1" = 60' OCTOBER 26, 2012 Burgaw, NC 28425 Ph: (910) 259-2954 TOWN OF TOPSAIL BEACH 60 0 60 120 180 Fx: (910) 259-9040 1136 ANDERSON BLVD. Em: jonessurveying®bellsouth.net File: PARSLEY EUZABETH TOPSAIL BEACH NC 28445 GRAPHIC SCALE - FEET Dwg. No.: PM 20 HAIGH CHARLES '��.r�:,hy,„ s AREA 0.833 A..+ GRC n n.tF nr + _ o iu 0.798 AC.f - NET OR 34,745 SQ. FT. SURVEY REFERENCE: MAP BOOK 5 AT PAGE 68 LOT 20 - ELIZABETH PARSLEY DIVISION PENDER COUNTY REGISTRY t, 9 .r r; M N U 'G w TOPSAM SOUND EiP N 51'22'06 E Eis 4.39'-G 12 /19 4.71' - - 209.5 sq. ft. 28 05 I12 Course Bearing Distance / I S 68.08 04 W 32.81 12 S 84'06 43 W 22.91 13 N 02'26 57 E 24.42 14 N 28'22 59 E 37.81 15 S 33'55 54 W 36.02 16 S 6743 35 W 12.20 17 N 4709 58 W 31.53 18 S 49'04'30 E _T 21.22 19 30'27 22 E 34.84 110 N 28'04 30 W 13.26' III N 03'3178 W 21.11 112 N 54'3729" E 26.29 I13 S 7706 13" E 29.27 114 S 15'42 25 W 20.83 115 S 71'08 23 E 14.90 116 S 62'09 29 E 12.49 117 S 09'28 17 W 28.98 118 T 20'44 48 W 22.22 119 S 5Y21 21 W 30.69 120 S 49' 16 20 W 20.32 121 S 12'47 09 W 16.54' 122 S 30'39 40 E 12.40 123 N 48'41 48 E 14.62 N m LEGEND: O EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) ° EPK (EXISTING PARKER-KALON NAIL) PROPERTY LINE - - - - - - NON -SURVEYED LINE 12 (CENTER LINE) - - - - R/W (RIGHT OF WAY) 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACt. "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF 5 YEARS. DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." TOTAL 404 WETLANDS SHOWN M °p y ON THIS PLAT IS 0.549 AC*. NAME h N OR N 24,683 SQ. FT. DATE N o CERTIFICATION OF SURVEY AND ACCURACY M o� 1, Frederick W. Jones, PLS, certify that this plat was drawn by me from an actual field survey made by me from information as noted hereon; that o the boundaries not surveyed are clearly indicated as dashed lines; that and belief. this map was prepared in accordance with "The standards of practice fc �o land surveying in NC", that the ratio of precision as calculated is 1:10000+ and is correct to the best of my knowledge Witness my original Signature, License Number and Seal - eeettt1111N1fs� I this _ 30 __day of _M JlAD, 2011. �tid •�4'� �'A 4 s / x r r \k Frederick W Je�es, NC License No. r'�y,�o03 \" I o I NOTES: j I. CORNERS ARE MARKED AS NOTED ON MAP. ^ ------ 2. ALL DISTANCES ARE HORIZONTAL FIELD EIS J. MEASUREMENTS. (cooQ AREA COMPUTED BY THE COORDINATE METHOD. 4. THIS PROPERTY IS ZONED R2. a N 5. NO KNOWN HORIZONTAL CONTROL WITHIN 2,000'. = 2 SEAL L-4503 ag• to 39.04' EIP YR/QK�3 ----- ------'- 37'3426 ---'-- ----- S 38'3354"E9W -------- IN 24S51 29.21'W 52 1 2902. E'PK' S 51'D 1 '22 "W E'PK' S 51'59' 1 1 "W 748.27' E'PK' NORTH ANDERSON BLVD. (60' WIDE R/W PUBLIC) 404 WETLANDS MAP FOR CHARLES T. HAIGH, TOWN OF TOPSAIL BEACH 1136 ANDERSON BLVD. TOPSAIL BEACH NC 28445 JR. TOPSAIL TOWNSHIP - FENDER COUNTY - NORTH CAROLINA SCALE: 1 " = 60' MAY 30, 2011 60 0 60 120 180 GRAPHIC SCALE - FEET LTOPSAIL SOUND APPROXIMATE LOW WATER 51'22'O6 E _ _ EIP 50.98" EIS _ 4 PROX/MATE HIGH WATER 4.39' 4.71 120 SURVEY REFERENCE: ' 30' CAMA LINE 209.5 sq. ft. 95 MAP BOOK 5 AT PAGE 68 2g 112/ LOT 20 - ELIZABETH PARSLEY DIVISION RENDER COUNTY REGISTRY FLOOD ZONE ELE`/_= 10� LEGEND: - FLOOD ZONE ELEV.= 71 + Pt. (POINT) o EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) PROPERTY LINE - - - NON -SURVEYED LINE (R (CENTER LINE) R/W (RIGHT OF WAY) Course Bearing Distance 11 S 68'08 04 W 32.81 12 S 64'06 43 W 22.91 13 N 02'26 57 E 24.42 14 N 28'22 59"' E 37.81 15 S 33'55 54 W 36.02 16 S 67'43 35 W 12.20 17 N 47'09 58 W 31.53 18 S 49'04 30 E 21.22 19 N 30'27 22 E 34.84 110 N 28'04 30 W 13.26 Ill N 03'31 08 W 21.11 112 N 54'37 29 E 26.29' 113 S 7706 13 E 29.27 114 S 15'42 25 W 20.83 115 S 7 1'0823 E 14.90 116 S 62'09 29 E 12.49 117 S 09'28 17 W 28.98 116 S 20'44 48 W 22.22' 119 S 53'21 21 W 30.69 120 S 49'1620 W 20. 32' 121 S 12'47 09 W 16.54' 122 S 30'39 40 E 12.40 123 N 48'41 48 E 14.62' L7 'vp aA a tT� S y�- Q w � 0] N W C1 ? C3- R 41.87' oQ LEGEND: LINE O n 9 0 N �04�9,�`'0 LANE Omo E G P VICINITY MAP (N.T.S) EIP (EXISTING IRON PIPE) OR EIS (EXISTING IRON STAKE) EPK (EXISTING PARKER-KALON NAIL) PROPERTY LINE NON -SURVEYED LINE (2 (CENTER LINE) R/W (RIGHT OF WAY) ® 404 WETLANDS TOTAL 404 WETLANDS SHOWN ON THIS PLAT IS 0.549 ACt. PROPOSED FILL AREA 2,404 sq. ft.t NOTES: 1. CORNERS ARE MARKED AS NOTED ON MAP. 2. ALL DISTANCES ARE HORIZONTAL FIELD MEASUREMENTS. 3. AREA COMPUTED BY THE COORDINATE METHOD. 4. THIS PROPERTY IS LOCATED WITHIN THE HIGH HAZARD FLOOD AEC AND THE FIRST LINE OF STABLE NATURAL VEGETATION (FLSNV) WHICH IS LOCATED ON THE OCEAN SIDE IS APPROXIMATELY 195' FROM THE SOUTHERN PROPERTY BOUNDARY BORDERING NORTH ANDERSON BLVD. Course Bearing Distance Cl N 51'2839 E 12.61 C2 S 85'07 06 E 7 6.06 C3 N 46'2706 E 10.57 C4 N 67' 18 37 E 16.56 � RECEIVED DCM WILMINGTON, W4 t-1If 7 39.04' 1 FEB U a 2013 ElP 50.7_1' r - N 37'3426 "W S 51.13'49 "w - - - - - - - - S 38'33'54 "E 29.2151.22, 29.02' - - E'PK' S 51'01'22"W E'PK' S 51'59'11'W 748.27' -e E'PK' NORTH ANDERSON BLVD. (60' WME R/I7' PUBLIC) 2,4c� I 9 PROPOSED FILL 0.10 C. OF 404 WETLANDS FOR FEB 14 ?.013 TOPSAIL TOWNSHIP - PENDER COUNTY - NORTH CAROLINA CHARLES T. HAIGH, JR. SCALE: 1 " = 60' OCTOBER 26, 2012 TOWN OF TOPSAIL BEACH 60 0 60 f§'jJ-V_HDC;TV 180 1136 ANDERSON BLVD. TOPSAIL BEACH NC 28445 O }- 25.14' 2 OQ ri \ EIS rn� 48.94' v J GRAPHIC SCALE - FEET RECEIVED