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HomeMy WebLinkAbout49-09 Turlington, Ed • r aaaaaaaaaaaaooaoaaaaa4aaaeaaoaaoaaaaaaoaaoaaaaaa000aoa0000aaoaoaoaaaoaaa000aaoaoaoaoaaaoaaaaaaaaooaaaaaoaooaaooaaoaaaaaoaaaaaoaoaaaaoaaaaaaaaaa000aaaaoaooaoaeaaooaaaaooeaaaaaoaa• Permit Class Permit Number NEW(Express Permit Program) 49-09 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermtt 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 Ed Turlington,PO Box 1027,Dunn,NC 28335 Authorizing development in New Hanover County at adj. to Banks Channel, at 14 Sandy Point, Figure Eight Isl. in Wilmington, as requested in the permittee's application dated 3/19/09, including the attached workplan drawings (5), each dated 3/19/09. This permit, issued on April 18.2009 , 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. Docking Facility 1) Unless specifically altered herein,this permit authorizes only the platform and floating dock installation, all as expressly and specifically set forth in the permit application and workplan drawings. No other structure,whether floating or stationary,shall become a permanent part of this docking facility without permit modification. Contact a representative of the Division at(910) 796- 7215 prior to the commencement of any such activity for this determination 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DENR and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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 i:•inspected for compliance. James H. Gre n, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2012 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Ed Turlington Permit # 49-09 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) It is possible that the authorized structures may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the State of North Carolina nor the United States liable for any such damage. 5) This permit authorizes a maximum of three (3) formalized boat slips. 6) This permit does not authorize the placement of any tie piles in association with the permitted structures. 7) An as-built survey showing the constructed docking facility and the edge of the maintained channel shall be performed to ground truth the constructed docking facility. A copy of the survey shall be provided to the Division of Coastal Management within 60 days of completion of construction of the project. NOTE: Failure to comply with the survey requirements of Condition No. 7 of this permit shall result in a violation of this permit. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor,which is determined by drawing a line parallel to the channel, or deep water,then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. General 9) 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. 10) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or IN authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural 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. 11) The permittee shall schedule a pre-construction conference with a representative from the Division of Coastal Management at(910) 796-7215,prior to initiation of work. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. $ Ed Turlington Permit # 49-09 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The permittee is advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id.No#2009-00739),which was issued on 4/16/09. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3687 (DWQ Project No. 090307),which was issued on 4/14/09. 41611t NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary April17,2009 Ed Turlington PO Box 1027 Dunn,NC 28335 Dear Mr.Turlington: The enclosed permit constitutes authorization under the Coastal Area Management Act,for you to proceed with your project proposal.The original(buff-colored form)is retained by you and 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 self-addressed stamped envelope. Signing the permit and proceeding means you have waived your right of appeal as 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 require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your beneficial to ensure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Very truly yours, r a:e J n Dail xpress Permits Coordinator Cc: F&S Marine Construction,Attn:Ed Flynn,PO Box 868,Wrightsville Beach,NC 28480 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ed Turlington 2. LOCATION OF PROJECT SITE: 14 Sandy Point,adjacent to a man-made canal off Banks Channel,on Figure Eight Island,New Hanover Co. Photo Index—2006: 24-7404,M-4 2000:24-312,K-21 1998: 12-233,J-4 State Plane Coordinates-X: 57970 Y: 724644 GPS—V-032014A Lat: 34°15'57.751" Long:77°42'02.944" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—3/20/09 Was Applicant Present— No 5. PROCESSING PROCEDURE: Application Received Complete—3/19/09 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-New Hanover Co. Land Classification from LUP—Conservation/Resource Protection (B) AEC(s)Involved: EW,PT,OR (C) Water Dependent:Yes (D) Intended Use: Private/Community (E) Wastewater Treatment:Existing—NH Co. Sewer Planned-None (F) Type of Structures: Existing-Residential home,bulkhead and docking system. Planned—Proposed platform and floating dock. (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands 240 sq. ft. (Open water) (Incorporated) (C)Other (D) Total Area Disturbed: 240 sq.ft. (0.005 ac) (E) Primary Nursery Area:No (F) Water Classification: SA-ORW Open:No 8. PROJECT SUMMARY:The applicant is proposing to install a fixed platform and floating dock adjacent to the existing docking facility. Ed Turlington Page Two 9. PROJECT DESCRIPTION: The applicant has requested that the subject CAMA Major Permit application be processed under the Express Review Permitting Program. The project site is located at 14 Sandy Point, adjacent to a man-made canal off Banks Channel,on Figure Eight Island,in Wilmington,New Hanover County.To find the property from the NCDENR-Wilmington Regional office,take Highway 17 north from Wilmington towards Hampstead.Turn right onto Porters Neck road(approximately 5.2 miles from the WIRO office) and continue approximately 1.0 miles before veering right onto Edgewater Club Road. Continue along Edgewater Club Road until you reach Figure Eight Island.Once on Figure Eight,take Beach Road South towards the southern end and turn right onto Sandy Point(Sandy Point is the second street on the right just past Backfm).The project site will be located on the right hand side of the road, approximately half-way down the street.The lot is approximately 0.48 acre with roughly 114'of shoreline frontage. The lot averages 4-6'above mean high water and the shoreline is stabilized by a wooden bulkhead. The applicant maintains a single-family residence on property and vegetation consists of lawn grasses and landscape shrubs. In the project area,the waters of Middle Sound are classified as SA-ORW by the NC Division of Water Quality,and they are closed for the harvest of shellfish.These waters are NOT designated as Primary Nursery Area(PNA),by the NC Division of Marine Fisheries.The Wilmington-New Hanover County Land Use Plan classifies the waters as Conservation and the uplands as Resource Protection. PROPOSED PROJECT: The applicant is proposing to install a 5' x 24' fixed platform and a 6' x 20' floating dock adjacent to the existing docking facility. A CAMA General Permit#50348,was issued to the applicant on 6/04/08,for the construction of a private pier and floating dock, as well for the installation of two boat lifts.The applicant has constructed the work authorized under the General Permit and is now requesting approval to add a fixed section of platform and an additional section of floating dock.As proposed,the 5' x 24' fixed platform would originate at the terminal end of the existing pier and span towards the northwest, along the waterward edge of the outer limits of coastal marsh.A ramp would be constructed at the northern end of the platform and provide access to the proposed 6' x 20' section of floating dock.The floater would be oriented perpendicular to the fixed pier and would extend out towards the channel, in alignment with the existing floating dock.As proposed,the new floating dock section would create one additional slip,bringing the total slip count to three.The fixed pier addition would straddle the Normal Low Water(NLW)line and the floating dock would be constructed in an area where water depths average between-2.0' to-5.0',relative to NLW. 10. ANTICIPATED IMPACTS: As proposed,the planned development would incorporate approximately 240 sq. ft. of public trust waters. The applicant has approximately 114 linear feet of shoreline,allowing approximately 456 sq.ft. of platform or docking space;however, if constructed,the docking facility would incorporate approximately 400 sq. ft.No impacts to Coastal or"404"wetlands would occur as a result of construction.As proposed, the planned development would be located within the applicant's area of riparian access and within Y4 of the width of the waterbody. Submitted by: Jason Dail Date: March 23, 2009 Office: Wilmington Recommendations for State Permit— Ed Turlington I have no objections to the proposed project.Any permit issued should include the following conditions: 1. This permit authorizes only the docks,piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary,may become a permanent part of the structure without permit modification. No non-water dependent uses of structures may be conducted on, in,or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense,any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,on authorized facilities. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project,and,the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. 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. /D) JCEWEr MAR 1 S 2009 DIVISION OF F d S Maritrioar ejE Ivl P.O Box 868 Capt. Ed Flynn Wrightsvi/le Beach, N.C. 28480 Durwood Sykes Phone/Fax 910-256-3062 email:eflyGmsn.com 19 March 2009 NCDENR Wilmington, N.C. The enclosed CAMA Major Permit application for Mr. Ed Turlington at#14 Sandy Point, Wilmington, N.C.,28411 is to add a 5'x24'fixed platform and a 6'x20'floating dock to the existing pier. This will provide a total of three boat slips The proposed addition is to provide one in the water boat slip with the existing two boatlifts This residential dock facility is for the applicants family use only. <1.}tr.(ki&bAr) Complete Marine Construction Service For Over 32 Years Piers - Bulkheads N Floating Docks " Boatlifts N Pilings - Repairs JUIjLVI 16, CCM MP-1 • APPLICATION for toy, y 2009CIP DIVISION OF Major Development Permit COASTAL MANAGEMEN (last remised 12/27/06) North Carolina OIVIStON OF COASTAL MANAGEMENT I. Primary Applicant/Landowner Information Business Name Protect Name(d applicable) Applicant 1. First Name z" (MI t Last Name Wyyt Applicant 2... First Name MI Last Name if additional applicants.please attach an adehhonal page(s)with names listed Mailing Address PO Box CityD��� State_ . cv ZIP 2533� Country1/�� lia -811 i-kr . - 9 Phone No iaN . •s,�66 Street Address Of different from above) City State ZIP Email 2. Agent/Contractor information Business Name iCr5gibibid60101)-13 Agent/Contractor I First Name f Mt Last Name � ,`J�� Lis) L Agent/Contractor 2. First Name MI Last Name AAaittttg Address PO Box CJ6[J vadevivo ow state i ��11• ZIP to Phone No. 1 Pnone No 2 2e to 91° i ext FAX No Contractor tt Street Address(if different from above) City State ZIP Emar� elite tif4,e4asi .<Form continues on back> Form DCM MP-1 (Page 2 of 4) kl j�_ el i , V I�n APPLICATION for L 1J J t✓t or Development Permit MAR 1 9 2009 3. Project Location County(can be multiple) Street Address COASTAL M A N AG E M E ` le Rd. a // iftV(* t r/911/ 4A-r Sutdi 'sion Name Gty State Zip Lot No.(s) (if many,attach additional page with list) �_� 51441 644-Afh Ailitei4,577/4 M 4 2811// Phone No i a. In which N wer basin is the project located? b Name of body of water nearest to proposed protect _itflt - rM puzoiS cA iptsit 1 c. Is the water •• identified in(b)above,natural or manmade? d Name the clo/peat major water body to the proposed protect site ONatural 11. .nmade [_)Unknown i 1 L iN./[. I9ainhl e_ is p ed work within city limits or planning tunsdiction? f tt applicable.li the planning tunsdiction or city limit the proposed es ❑No work falls within 4. Site Description a Total length of shoreline on the tract(ft.) b Size of entire tract(sq.ft) 114/ 13 iivT3h/BZaf .v 23 fpicr c. Size of individual lot d Approximate elevation of tract a e NNW(normal hryh water)or /i 73 >fj. NWL(norms/water Level)(lI many tot Sizes.please attach additional page with a fist) ❑NHW or 1:5)(W1 '7 5 1 e. Vegetation on tract LQ w f Man-made features and uses now on tract li'lld yl 4" ' g tdenttfy and describe the existing land uses adiacent to the proposed protect site ieVleifih°1 h How does local government Lone the tract? t Is the reposed protect consistent with the applicable zonings (Alt h zoning compliance certificate. if applicable) &MIQwj es ❑No ONA 1 Is the proposed activity part of an urban waterfront redevelopment proposal') ❑Yes do k Has a professional archaeological assessment been done for the tract') If yes,attach a copy ❑Yes do DNA If yes.by whom? _ 1 Is the proposed protect located in a National Registered t-Gstoric Utstnct or does it involve a ©Yes do DNA National Register listed or eligible property? --- <Form continues on next page> Form OGM ft4P-1 (Page 3 of a) y APPLICATION for ^�, JoJ \ L V L W 1 Major Revelopment Permit m. (t) Are there wetlands on the site? MAR s ❑flo „1 (ij)Are there coastal wetlands on the site? DIVISION OF _ 1:(Yes [)No COASTAL MANAGEMEN (tii)If yes to either(I)or 01)above,has a dehnealton been conducted, DYes (Sit (Attach documentation,if rrvat1ab,'e) n Describe existing wastew,atter treatment irevi,l �fa ilsties ( o. Describe existing drinking water supply source. , 0M011K44l,I, p. Describe existing torm water management or treatment systems Suter R lla* �5. Activities and Impacts a. Will the project be for commercial,public,or private user [Commercial OPubtic!Covemment [b. �Prwate 36eRimurn1 Give a brief description of Aureole.use.and daily operations of the project when c plete e P/i6Ofit t st i t jal, jr1 jn#1 SOT TWps it. PM INVigilvvii Abedy c Descnbe the proposed construction methodology.types of construction equipment to be used dunng construction,the number of each type of equipment and whereat is to be stored ,! ,�; �! t / five f r„h rt//1/25 gat r mil /"" Ltfl+tk ci h7 ) BA T# (L l� hh►�t�i aki�r 'ivt pro, OkJ/id f d. List all development activities you propose AO 53111 'fi i Dbnt, /4 111 ter, KAlif1417/Ni t. Tb L"Yl.01 pi LITL Ia tn_0, J9 oitoo Owl Yl`Jai e. Are the proposed activities maintenance of an existing protect,new work or both, Alai 'k f_ What is the approximate total disturbed land area resulting from the proposed protect/ ❑So Ft or©Acres g. Witt the proposed project encroach on any public easement,public accessway or other area Oyes o DNA that the public has established use of? h. Describe Location and type of existing and proposed discharges to waters of the state N°1418. I. Witt wastewater or stonnwater be discharged into a wetland? DYes do DNA !f yes,will this discharged water be of the same salinity as the receiving water, DYes Op DNA j. Is there any mitigation proposed? ()Yes pQt`ro DNA N yes,attach a mitigation proposal <Form continues on back? Form DCM MP-1 (Page 4 of 4) —\ ICI_ v I n~ APPLICATION for J U ,�I„1] J a or Development Permit MAR 1 9- 2009 ; 6. Additional information In addition to this completed application form, (MP.i)the following items below,if ep�llk it f bs r for the application package to be complete. items(a)-(1)are always applicable to any maio/td91nilt0PA89t;,t..apjoi� Athe application instruction booklet on how to property prepare the required items below. a. A project narrative. 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 previously authorized work,clearly indicate on maps,plats,drawings to distinguish "cretvreeit'rKkw-corn(rtrdrrartrrproposeu. 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 DENP. 1 f A list of the names and complete addresses of the adiacent waterfront(riparian)landowners and signed return receipts as proof that such ovmers have received a copy of the application and piats 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 CAldt h„ii1 Phone No.90_ 'J J!/7_ ` 8 Address 86 ad 1h14N/ 4.41N4<{'4, vi►) M Z,�y1) ,! / Name lol/ ,$ 1 1 Phone No tip.;7.‘„,./`y.'4 Address .7 b/1�i/jIPM G,t►t. ,�i.Mtr�llibuiif) C//.r Z835)- Name 1 Il Phone No Address g A fist of previous slate or federal permits issued for work on the projeci tract Include permit numbers permittee,and issuing dates (AAR 4Plf 553V8/APIA t 1V/ 10 ,r+i roll turn Vorl r4S ItrethriAl h Signed consultant or agent authonzation term, if applicable r Wetland delineation,if necessary ! A,Sifyled Al=(t P1:17:tr($rvo,ra rnr nrr rt ,n nroanrrnn, '...y,L.to:..?.e y/AI, ig .4, ,,y4,4r,..n4"1V4, `„-,t,-,4 _-�.... - - I!I k. A statement of compliance with the N.C.Environmental Policy Act(N C G S 113A 1-10).if necessary It the protect involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act_ 7. Certification and Permission to Enter on Land � I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subtect to the conditions and restrictions contained in the permit I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to enter OR the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is tit Wu(to the best of my knowledge Date iq 10 )4 1U1' Print Name ed i)iltditi Signature ‘9 (I8 1 1(1144- Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 09CM MP-3 Upland Development M MP-4 Structures Information -..) 6' ,.; ,6 v i '21 ' ':\ Form DCM MP-4 MAR 1 9 2009 STRUCTURES ,,,JJ DIVISION OF (Construction within Public Trust Areas) COASTAL MANAGEMENT Attach this form to Joint Application for LAMA 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 1. DOCKING FACILITY/MARINACHARACTERISTICS C This section not applha a. (i) Is the docking facility/manna: b (h)Wit the fac ty be open to the general public? °Commercial DPubliclGovemment PrivateJC.w+rwwh. Dees No c. (i)Dock(s)and/or pier(s) FkA17t'ry 100—A, d (0)Are Finger Piers included? Oyes No (ii)Number / / II yes: (iii)Length (9/6: (ht)Number (iv)Width L.�� (iv}Length (v)Floating (ayes ENo (iv)Width 'Yes - _'` (v)Floating ❑Yes ONo e. (1) Are Platforms included? ONO I)�(ro Uvr. I (I) Are 8oauitis Included? Oyes No If yes. if yes. (ii)Number �f' (n)Number (iii)Length oc (ua)Length (iv)Width S J/ (iv)Width (v)htoatrng °Yes Oh Note. Roofed areas are calculated fmm drrphne dimensions g. (i)Number of shps proposed h Check all the types of services to be provided. 3 1'ik1 0 Full service, including travel hit and/or rail,repair or (t)Number of slips existing maintenance service 0 Dockage,fuel, and marine supplies ❑Dockage("wet shps')arty. number of shps Ii Dry storage,number of boats Q at ramp(s), number of boat ramps. Other.pt ase describe i. Check the proposed type of suino t Descnbe the typical boats to be served(e.g,open runabout. ©Land cut and access channel charterteams sail boats. axed types) •-en water dredging for basin and/or channel r'2 0 ,r&pen water,no dredging required °Other:please descnbe. k- Typical boat length.a 51 I (h)Will the faalht be open to the general public? ['Yes No m (i)Will the Iaj�sty have the pilings? ❑Yes No (ii)If yes number of he pilings? LJta-iv .!w4r 'at . 7 :w 4 2. DOCKING FACILITY/MARINA OPERATIONSs section not a �r bJ AirAA ca t a. Check each of the following sanitary facilities that will be included in the proposed pro)ect. Office TodetB rV �Toilets for patrons;Number: Location: Q Showers Q Boatholding lank pumpout:Give type and location MAR 1 9 2009 b. Descnbe treatment type and disposal tocahon for ail sanitary wastewater. DIVISION OF COASTAL MANAGEMEN1 c. Describe the disposal of sad waste,fish offal and trash. d. Plow will overboard discharge of sewage from boats be controlled? e (t)Give the tocation and number of-No Sewage Discharge-signs proposed (it)Give the location and number of"Pumpout Available'signs proposed I Describe the special design.if applicable,for containing industrial type pollutants. such as paint.sandblasting waste and petroleum products g Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and-Nio Wake"signs proposed t Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin Rushing? t If thus protect is an expansion of an existing manna what types of services are currently provided? . rr--: r.i:::c:l _ - 2 .•4' 221 IL V JJ ,\ m. Is the mannatdocking facility proposed within a primary or secondary nursery area? E DYes ❑Na MAR 1 9 2009 n. Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area? DIVISION OF Dyes ❑No COASTAL MANAGEMENT a. Is the marine/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(UV),shell bottom (SB).or other wetlands(WL)? if any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV Dsa OWL ❑None p. Is the proposed manna/dodring facility located within or within dose proximity to any shellfish leases') ❑Yes ONo If yes,give the name and address of the leaseholder(s).and give the proxtrruty to the tease 3. BOATHOUSE(including covered tins) his section not applicab, e. (i) Is the boathouse structure(s)-. ❑Commercial ❑Pubfic/Govemment ❑Pnvate/Community (ii)Number -- lei)Length (iv)Width Note' Roofed areas are calculated from dnplrne dimensions 4. GROIN(e.g..twood,sheetpile, etc. II a rock groin, use MP-2. Excavation and Pill.) ]8 his section not applicabi a (r) Number �/ (it)Length ('ire)Width [5. BREAKWATER(e.g.. wood. sheetprle, etc) this section not applicabi a Length o Average distance from NtiW NWL.or wetlands c Maximum distance beyond NNW,NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicabl a Is the structure(s)" b Number _ ❑Commercial DPublic/Government ❑Pnvate/Community c Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size.anchor.etc) Note: This should be measured from marsh edge.of present e Arc of the swing _____ 7. GENERAL MAR 1 a 2009 a. Proximity of structure(s)to adjacent riparian property tines b Proximity of structuro(s)to adfaeer{ $44 i'sO F tas) -f-5-bi COASTAL MANAGEMFNr Note: For buoy or mooring piling,use arc of swing Including fanglh of vessel. c Width of water body d. O , depth pI weterward end of structure at NLW or NWL i ! e. (i) Witt navigganal aids be required as a result of the proiec17 ❑Yes No DNA (it)if yes,explain what type and how they will be implemented 8. OTHER ❑This section not applicabl a. Gi424 complete description I jr, Li/v 10 t�ad�vr► uF S�)`'`f kbe ro P1 , 6"o G Y?o'i 7okr1 n1 12b‘iz, o a r21 dO4t5 sn'►n, AS 44 MI i A P rail tic 3 B409f#Pail , /1�13earia, yY_ fse,7 z 'p.a. frilbrouy 44.1L2!/lioll-r -0 4160 if tr 64 2, ;11 !sy Pe 4kvsorst P/°,°;L4' /1 Ptikatif Po/ Date ProiectNarn -c Psiymy Art. me C Applicant Sign re U� J122 r .L i I. V lj F&S Marine Contractors, Inc. 1 Complete Marine Construction Services c�1j MAR 1 9 2009 J- For Over 32 years! DIVISION OF CAPT.ED FLYNN ifQ�� DURWOOD SYK COASTAL MANAGEMEN P 4 :4F. Piers,Floating Docks,Pilings,Bulkheads, Boat Lifts,House Pilings, Repairs P.O. Box 868 Phone/Fax:(910)256-30 Wrightsville Beach,NC 28480 email:efly@msn.cc Ed114th /11,5 ionsr AiAT- , /1 D,7). 04 fiftrAititt Avic2141741 064 Tc,62657 41 • pL= - , iI - i \ it 4°it ID SC I' , } ‘ ,5,.., „Jove, 6144 „big, , SQL P . I o f l I B„ ! : t JIiPlI gill" z, 1/ J .5"62V' 0 LdJ __ _ u — ` v w �v niv F Ofhtli s-1zw L%1 4n i \ 5107 i.� Lria...•••......+1. \ —It I 4 4 t A5,4,r/,II1 \ /4/r dy Pa,;r /1 fowl facr__sel /crr=S FRS Marine Contractors, Inc. z Complete Marine Construction Services W For Over 32 years! LL LLB Fro -_ N z Q CAPT.ED FLYNN ; '� DURWOOD SYKES 01 _Oz �� C</� n Piers, Floating Docks, Pilings, Bulkheads, L>r J Boat Lifts,House Pilings, Repairs /V.10407 Ibi'l: ✓ Q P.O. Box 868 Phone/Fax:(910)256-3062 Wrightsville Beach, NC 28480 email:efly@msn.com Gill�1,1�Mil N � o $ ii ' aelt) 547V'PC �Jc7t1tds OFF oc �� 0111) 1 tX trin/ Ain/tat iP°Ild r• ..... Slda, Di 4j� r RA.V4Fli K J y, \ 1 . 4.. ....... t. I I X , ' — /— ' _ _____ 0(101 / . z -7, \ ;)/ --\, , / > . i!2Qa Rd '4 1. se,- qd RE•• �.. r.. _ • I A o In In Ga PORTERS NECK ' #,• PLANTATION w j / 1 5 gg .k T kp .��5 4 2fmR S COUNTRY CLUB _ ' f 411 R� 3' ! •. 4N.. . J _ e Mb .f,P G P 8i , ,. , i '76 ,94, :6-14' - r --- : , . ..,---- -1 v.• Rd if oT ,, 16 `._ 3 a m 83 i r cT / e-d a ' VI' as ��j a� -i. r(_47 . - ry u rN 44? : Page$ 474\. : A-'''''. a a i` p II S 9�� 4. �i t' 9 R 4• d MARINA ¢� \. 4.9 1,111 a pad Q eo i cel i i Ile. cam; c.1 4:401100''''7.;S .i ad l'''' ". '. q a p ' \Q i ,�4 Ro ',$ fAlTo--i G "M • 4y MARINA x ; New ° 18 Pad Seag.;ap e r e , :/,:I.--' 9a P39scsr/l "nip,P, %a +AS sr, Prst P, 19 %� ab ,, .-IeE Oak IP PO StP•a*9 •i -�-a i COOS o. )(�� CVi I�11. '`�s � 4 + DJJ�n�J J�� y It 1 j,. MAR 1 2009 L a� / DIVISION OF `a 7-- COASTAL MANAGEMEN" — �/ / -fieiiiix 71111 /V ,ox►17A4 i 1 Z 3�S R. C • q, t i t IM eriepo .,* ,Pik It " 1 , .,. . („, ow t .7 . . 4" ,., I • a ,k4 -, i '" CD 1h2`ln ,, • ide • k ilk L\- irnge0 /,a:(`l';11.7f Ycier_' n;., NC eG__oo Yle 3415'57.4 9' '4 ; .45'.0�°. "�"`J t 1, 1 via7A in . -571r.., E(/ 7 ./ .-=..), / " ate. J rv� �S/ E :vJVI 11 MAR 1g2009 J E✓il yt444 7 /V e DIVISION OF ZAW COASTAL MANAGEMEN^ /9IUf ,04JG3 g-7 y4/,=s timm4,91,4s; n,e, lb ,k i,.11•24 j i V E 1. • • '�i, MAR # 2009 ,,► : DiviSir-i• .wutv OF- , 0 / Z. , z. --9q° --k--2d•PP`duvoiii 7 /o i... ''_.'--5'- EXIST. 9 uEr FLOATIN %A DOCK • 56-tok 8',,ezo, . / • • i_ ` '/ moo, " Z, //. -..,, ._. ______-. -. r,._ )? \ _ /Az. ., ,&- - I ink �lc011440 n� N� cA '''...........'.."'"N.,„.....„..:1:.?0,,, - N N - v.V.tir;•• \ ‘ , 114t,o, kt - V. - k. .\:.. "-. _,,. \ -) -,N, i.,). q4F,c) /‘ ' , \ >--4/7 -, '' '\\ 60,/,.>,4,41--k -6 6, do .---, �, \ t JLJ , 0 / .ic,N oF_ 4.intz. _ _. ._ _. / . / .. . . ,` e° ._ 1 . CO • -"'.'."''--..'...'-''''s.,...,,..,...........„I°,C.,:04.A/. [1 /'f`� ,/f� A,1 l 1 1 e /DIill ,\ C ` co, \ si1'] '� 16-1 4.141 AP' 4. \ / 1 i cis \\\ ul S'-Y/e / 8-..' / // .7:tO / TT) Itil'IA.if', ik7, -it I v • - ....-. i izgi0 C liAii ii).,._',/ i ----,' kj „i Z,1 i: \,I 71;;;7 IMN ,i1._..4 - I i ; I i I . tr,,,z...., '''. L(/ MAR 1 ':; 2009 i i 1,- i LI lz , 0 / , , uF, 1,1P 3 Rol '--. . -, / A.*R / • • 4 Ili/ /„,.....,,,.., 5/ALd c--L,_0,79,,,,I yl.S..,.,,,10,\%:6(,.--r,.. "---1--„, pgntr ,. ri k---- couLloilit- --„,,,, ,.. ___,_ arm!? __--- E X I ST, , tioAridr 0 --, FLOATING; --''N\N...N...,N...., __ _ _ eXisz A , , DOCK ._ ,/,/v ... • ‘, jCiP,Z, *5/4,, . / / \ . ici7 -i 47 ......c., flokruvr- ....., -,..-.-.---:: --., .• 433 ..,, . :f% 8 / ,---,, ip • • -„,, / / , \ -..., z' \ ti, -,-..,, - -..„, .. ._ ,-,... -- .N., _. „.... xjrirrei,Z9"-4-,,, / Afil I -i ' ,t.,. - . ... / . •••_. __ . •..• _• . ._ _ — . _ _"..,_._ .. . - A....*"..., _ _ . _ . ------„,...s.....,:::.:._ 1.1 --'''-''--------s•-•.._,_,,.... -Iktl -- 1----_,-----.--- ..:.-__-77- - - -------....,7 7 7_-_-_-_77.7==___ - --,-.- ----- .• --- -- —-_-_-_-.727-7. ..---_7-7_.,..; NS • - -y., - _ . . :1 /2 1 Pin/4n - - - - .- - * - -— s'N• . --- C11111") eo1144041. Ai I> N. -co, ,, 6,. . --,.. . .'' ' L/,',..- • .. . . 63 . _,.... ,c) _ -.N. ' ----- • • EA/ .,,.. , „,,,,.... 5-1 \(-- - -- „, ,, ---- , ''-rt.--4z) ,,,, (i-%-. b,--k- ---4 k- ... \ ... , • ... . .... ,9o: - • ...„...:, - -- - -- - - , ,.s. ........_ ... 1= 1-1"--- -- 0 0 ...., ,,,, --, / „s /,// k . /‘:: ...,, ...- •..... ......, -.... •-,, IG.,....„...,-,,,51 ; ., .... N. -_,• ....--, i ___, --,.....,, N 77.4 1, .... ... 5--frih4 (A/4565 -4 \ V 1 %.,,, pril 1 va;iik;7,1 1 ,,. /0,r,07 Ai Ail N N. N //ece./es --. 6'.,101 (\ \ ,:k \ 61 CA C4 r \ irel\ mipatn. /lc:, !Nil N\4' NN \N/N •.. / .-",..„...,, ^s,,,,....... --,,,.N.,,,.,,,,.,...,, ..........................%......., \..... ----, --___ -,---..,.. -...,... chi", 41irzifrA66-' ...) / 27,V �iifp�,� REc8 -ivED MAR 1 8 . , -- / io eDIVISION OF qiv 51113 "0 Goa,sTar MA ,AGE cNn k- -R)P"oj zeal*- F;0 /\/ cap-mi Dumb �— EXIST, DOCKisT FLO,aTINCx / •4- / sci P�, Fl�G-�',� \ tr> S I3 D , sz/P/ ip ,.., I-x.2v I,... s9 - Z' /k ..., -,, ). -----„,,,,, //di ,,, g _ ii �- - _ - 4,1 I\ - fk. N --,w,- - • .1 R i 10 1111441 / i.l (0444400.4A 5.1,*xCl -- \ ----„, rlz.,4,0 [,/ ,,.. ` `'''''.."-*----,.,.........„.teifom, . � r �� IN If) '''< -4G :e4 7. � ()Adds Y*1/34 Ili 4\ ''\ Z:d :11111115'1141 N.7 0647 Alifi/r- V NN es • 61CA rt.\ ..§, .\ t-- `� V �1�� i�lln ', CI C� 2 *AT" DIVISION OF COASTAL MANAGEMENT Express APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Ed Turlington County: New Hanover LOCATION OF PROJECT: 14 Sandy Point,adjacent to a man-made canal off Banks Channel,on Figure Eight Island,New Hanover County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/19/2009 RIFISIVED FIELD RECOMMENDATION: Attached: YES To Be Forwar d:N/AFAR 2 6 NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES Q,.� FIELD REPRESENTATIVE: Jason Dail DISTRICT • PEORa N DCM DISTRICT MANAGER REVIEW: .3 Z D B) DATE RECEIVED BY MAJOR PE ITS UNIT: FEE REC'D: $2000.00(100%) PUBLIC NOTICE REC'D: 03/26/2009 END OF NOTICE DATE: 04/16/2009 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED 0: ON: 3/t7770y C) 75 DAY DEADLINE: 4 I'O 150 DAY DEADLINE: MAIL OUT DATE: 03/24/2009 STATE DUE DATE: 04/16/2009 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers LiNCDENR �, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 4,2009 Mr. Ed Turlington P.O. Box 1027 Dunn, NC 28335 grOSIVED Subject: EXEMPTION Stormwater Project No.SW8 090349 MAY 1 3 2009 Turlington Dock Project New Hanover Dear Mr. Turlington: Morehead City ®CIS On March 24, 2009.the Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000,the stormwater rules. By copy of this letter,we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff,then it is also subject to the National Pollutant Discharge Elimination System(NPDES)stormwater discharge requirements.You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. Please note that the stormwater rules require the Division to permit the common plan of development,therefore,any future development on the property, regardless of whether a CAMA Major permit is also required,will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter,please do not hesitate to call me at(910)796- 7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GS/arl: S:IWQS\STORMWATER\EXEMPT120091090349.may09 cc: Ed Flynn; F&S Marine Contractors New Hanover County Building Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files Wilmington Regional Office One 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 NorthCarolina Phone: 910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 Naturally Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer 4674:7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 14,2009 Hanover County Ed Turlington IS NOTNew DWQ Project#: 09 0307 x 1027 Dunn,PO NC 28335 A CAMA PERMIT Dunn, Subject Property: 14 Sandy Point,Figure Eight Island NO WRITTEN CONCURRENCE NEEDED Dear Mr. Turlington: You have our approval, in accordance with the attached conditions; to construct a fixed platform and floating dock adjacent to the existing docking facility as described in your CAMA Express application dated March 24, 2009. After reviewing your application,we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3687 (GC3687) are met. This certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Regional General# 198700056 Permit when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is 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 these Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed 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) 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. Wilmington Regional Office One 127 Cardinal Drive Extension Wilmington,NC 28405 NorthCarolina Phone: 910-796-7215/FAX:910-350-2004 Naturally www,ncwaterqualitv.orq An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748 50%Recycled/10%Post Consumer Paper Page Two Ed Turlington DWQ Project#: 09 0307 April 14, 2009 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Ian McMillan at 919.733.1786 or Joanne Steenhuis at our Wilmington Regional Office at 910.796.7215. Sincerely, /oanne Steenhuis Senior Environmental Specialist Enclosures GC 3687 Certification of Completion cc: Ed Flynn—F & S Marine Contractors, Inc. Ian McMillan-DWQ 401 Oversight Unit David Timpy- Corps of Engineers Wilmington Doug Huggett- DCM Morehead City Jason Dail—DCM Wilmington WiRO MEMORANDUM To: Jason Dail From: Michael Christenbury, Wilmington District Planner Subject: • Consistency Determination, Major Permit Application, Ed Turlington, Figure Eight Island,New Hanover County Date: April 9, 2009 CONSISTENCY DETERMINATION: Provided that all other local, state and federal requirements can be met, this project appears to he consistent with the 2006 Wilmington-New Hanover County Joint Land Use flan Update. The applicant proposes to install a fixed Platform and floating dock adjacent to the existing docking facility. The project is located at 14 Sandy Point, adjacent to a man- made canal off Banks Channel, Figure Eight Island, in New Hanover County. Areas of knvironmental Concern(AEC's) impacted by the proposal are EW, OR, and PT. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. • I have reviewed this proposal for consistency with the 2006 Wilmington-New Hanover County LAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation and Resource Protection. In general, Wilmington-New Hanover County allows development in Resource Protection and Conservation classified AECs, which is consistent with the State's minimum use standar(k.. The Wilmington-New Hanover County Land Use Plan contains some policies, which e::ceed the State's minimum use standards. However, none of the policies seem applical)i...• to this project. • Provided that alt other local, state and federal requirements can be met,this project appears to be consistent with the 2006 Wilmington-New Hanover County Joint Land Use Tian Updafc. Cc: File le 4677A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 MEMORANDUM: TO: Molly Ellwood WiRO NC Wildlife Resources Commission FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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. XThis 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 c mments. SIGNED 11 1 7A161il ieL DATE 334 nnl 127 Cardinal Drive Ext.,Wilmington,NC 28405 NorthCarolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net t yt // An Equal Opportunity 1 Affirmative Action Employer Naturally a{6 y ga gig ' ; A ..A MAR uAn 25� 2009 NCDENR North Carolina Department of Environment and Natural ResIPACIPABleftrnoN0FReF Division of Coastal Management . Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 chi - MEMORANDUM: gdiel-a-ct TO: Renee Gledhill-Early Ivt✓h'/ (i 0-D 9 NC Dept. of Cultural Resources Archives & History FROM: Jason Dail Joel Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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. AThis 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. n 2 SIGNED �r I W, X�F DATE 4-- �1_. 127 Cardinal Drive Ext.,Wilmington,NC 28405 One North Carolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Naturally • A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 MEMORANDUM: TO: Debra Benoy Public Water Supply District Manager FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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. -,cr-ea-IC;6-P-429( 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. l g SIGNED deidioea/m DATE / /0 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCaroll`ina An Equal Opportunity 1 Affirmative Action Employer Naturally 41,741, NCDENR North Carolina Department of Environment and Natural Resources Division of Environmental Health Beverly Eaves Perdue Terry L. Pierce Dee Freeman Governor Director Secretary April 2, 2009 To: Jason Dail, Express Permits Coordinator, Wilmington Regional Office From: Heidi Cox,NC Public Water Supply, Wilmington Regional Office /..pj Subject: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure 8 Island, New Hanover Co. Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility This agency has no objection to the project as proposed. The information provided does not indicate that the proposed project will require public water supply services or will interfere with current piping or other public water system infrastructure. If this is incorrect, or if the needs of the proposed project change in the future, please contact my office for further discussion and review. Public Water Supply Section—Jessica G.Miles,Chief One Wilmington Regional Office No thCarolina 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 � atura!!u Phone:910-796-72151 FAX:910-350-20041 Internet:ncdrinkingwater.state.nc.us An Equal Opportunity 1 Affirmative Action Employer • A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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 / ' 1 11144. (/1 �-�-� DATE 3 / 3 ( /ei 127 Cardinal Drive Ext.,Wilmington, NC 28405 One North Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net '/yt // An Equal Opportunity 1 Affirmative Action Employer Naturally all y tip A .A D `3 MAR y-6 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 MEMORANDUM: MAR 3 0 2009 TO: Anthony Law NCDOT DCNI WILMINGTON, NC New Hanover County FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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 comments. SIGNED , DATE 01/0 9 127 Cardinal Drive Ext.,Wilmington, NC 28405 One NorthCarolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net yr // An Equal Opportunity 1 Affirmative Action Employer Naturally Iy i I 1 Ara I ECEJVED , ' NCDENR MAR 25 2009 North Carolina Department of Environment and Natural Resoes Li ' Division of Coastal Management DEPT. Beverly Eaves Perdue James H. Gregson n Governor Director leriC • t:'"' : ' March 24, 2009 MAR 3 0 2009 MEMORANDUM: Morehead City DCM TO: Ann Hines LPO New Hanover County FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: 1./ 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 omments. SIGNED DATE 3*/ (f 127 Cardinal Drive Ext.,Wilmington, NC 28405 One arolina Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net yr // An Equal Opportunity 1 Affirmative Action Employer Naturally all y 3 FACE7VE 'R A•A NCDENR MAR 3 e 2009 North Carolina Department of Environment an ural Resources Division of Coastal Management DIVISION OF Beverly Eaves Perdue James H. Gregson COASTAL MANAGEMENT"uee Freeman Governor Director Secretary March 24, 2009 MEMORANDUM: D _ TO: Shannon Jenkins MAR 2 7 2009 NCDENR-WiRO Sneilfisn Sanitatic^ === ea;ional Shellfish Sanitation Section Water uuali:y Se_- an FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please 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. SIGNE . ,.s," 4F �,...2(fr,, DATE . — Z S —C 127 Cardinal Drive Ext.,Wilmington, NC 28405 NorthCarolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet www.nccoastalmanagement.net oh An Equal Opportunity 1 Affirmative Action Employer Naturally 4172S, IPCECTIZO NCDENR MAR 2 7 2009 North Carolina Department of Environment and Natural Resources Division of Coastal Management ore ead City DCM Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director � 24 2526, Secretary March 24, 2009 ti`` A, , '�D 0 0) Received 0 MEMORANDUM: MAR 2009 DOA TO: June W. Michaux \� STATEPROPERTy NC Dept. of Admi ' ' OFFICE j St perty Office �' \ ;! FROM: Jason Dail Express Permits Coordinator; Wilmington R ' I Office 04-16-33 SUBJECT: Express CAMA Major Permit Application RECEIVED Applicant: Ed Turlington APR 01 2009 Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: is 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 `\� `\C\, DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 NorthCarolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net roli An Equal Opportunity\Affirmative Action Employer Naturally i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 ECITVEDA,5st's' MEMORANDUM: a G r MAR ,. 2009 TO: Linda Lewis DIVISION OF Stormwater SecfMASTAL MANAGEMENT Division of Water Quality FROM: Jason Dail Express Permits Coordinator; Wilmington Regional Office 04-16-33 SUBJECT: Express CAMA Major Permit Application Applicant: Ed Turlington Project Location: 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County Proposed Project: Install a fixed platform and floating dock adjacent to the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2009. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: V 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 lefrivo& DATE 3-21-oQ 127 Cardinal Drive Ext.,Wilmington,NC 28405 NorthCarolina Phone:91 0-796-721 5\FAX:910-395-3964 Internet:www.nccoastalmanagement.net /y y�roh An Equal Opportunity\Affirmative Action Employer Naturally{t{`y A747A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 24, 2009 2 Pages BILL TO (910) 796-7427 Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice —Ed Turlington Kyle: Please publish the attached Public Notice in the March 26, 2009 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please also send the original invoice and a copy of the affidavit, to Janene Childs at NC DENR Customer Service Center 1640 Mail Service Center Raleigh, NC 27699-1640, The phone number is 919-733-0951. Please send a copy of the invoice, and original affidavit to Sandra Exum, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, andra Exum Express Permitting Admin Assistant (910) 796-7265 Enclosure cc: Steve Everhart Doug Huggett LPO 127 Cardinal Drive Ext.,Wilmington,NC 28405 One NorthCarolina Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Naturally NOTICE OF FILING OF EXPRESS 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on March 19, 2009. According to said application, Ed Turlington is proposing to expand the docking facility at 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island, New Hanover County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7302) during normal business hours. Comments mailed to James H. Gregson, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to April 16, 2009, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Re:Public Notice-Ed Turlington Subject: Re: Public Notice-Ed Turlington From: wilmington.classified@starnewsonline.com Date: Tue, 24 Mar 2009 09:41:07 -0400 To: Sandra Exum<sandra.exum@ncmail.net> Good morning, Legal set to run March 26 as requested;pub cost is $126.29. thanks! Kyle J. Yauck Star-News Classified Department/LEGALS Tel.: (910) 343-2325 or(910) 343-2352 Fax: (910) 343-2229 Sandra Exum<sandra.exum@ncmail.net> Sandra Exum Tokyle <sandra.exum@ncmail.net> <wilmington.classified@starnewsonline.com> cc 03/24/2009 09:28 AM SubjectPublic Notice-Ed Turlington Good morning Kyle! Hope your week is going well. Please post the attached public notice for Ed Turlington in your March 26, 2009 issue. Thanks so much and have a great week! Sandy Sandra S. Exum NC DENR Express Permitting Email: sandra.exum@ncmail.net Phone: 910-796-7265 Fax: 910-350-2004 "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." (See attached file: Star News Ed Turlington.doc) Content-Type: image/gif pic03972.gif Content-Encoding: base64 1 of 2 3/24/2009 10:23 AM A..,A, ............t NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H.Gregson Dee Freeman Governor Director Secretary March 23,2009 F&S Marine Contractors,Inc. C/o Ed Flynn PO Box 868 Wrightsville Beach,NC 28480 Dear Mr.Flynn: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Ed Turlington,for State approval of a docking facility,located at 14 Sandy Point,on Figure Eight Island, in Wilmington,New Hanover County.It was received as complete on March 19, 2009,and appears to be adequate for processing at this time.You have requested that the application be processed under the Express Review Permitting Program.Under this expedited process,the projected date for making a decision will be around April 19,2009.Please note,however,that because you have not submitted the signed certified mail receipts, indicating that you provided proper notification to the adjoining property owners,the Division will not render a permit decision until the"green cards"have been received by our office. Also,please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit/Corps of Engineers 291 General Permit process. Under most circumstances,the Federal review of these applications would be after April 19,2009. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made,the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur,the US Army Corps of Engineers would most likely process your project as an individual permit. Should you wish to place your project on hold before April 19,2009,pending the receipt of the Federal decision,the Division of Coastal Management will render a decision once the Federal comments are received. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. S erely, i onD ' DCM Express Permit Coordinator cc: WiRO—file DCM,MHC Dave Timpy,COE Ann Hines,LPO(New Hanover County) Ed Turlington,PO Box 1027,Dunn,NC 28335 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 One Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net NorthCarolina An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Naturally NOtICE CANIA . PERMIT APPLIED FOR PROJECiThe applicant is proposing to install a fixed platform and floating dock adjacent to the existing docking facility at 14 Sandy Point, adjacent to a man-made canal off Banks Channel, on Figure Eight Island , New Hanover fniinty COMMENTS ACCEPTED THROUGH April 16, 2009 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: F & S Marine Contractors, Inc. _ , . A A LA • , • ► . T c/o Ed Flynn, agent for: 127 CARDINAL DRIVE EXT. Ed Turlington P® Box 868 Jr- - Wrightsville Beach, NC REC'D MAR 2 6 2009 F d 5 Marine Contractors, Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fax 910-256-3062 envoi/:ef/y'msn.com 115h, ag 1 07Ol, 4l f' L 1g; IV E .-Th Cloy 2 /4/9 MAR 2 6 2009 DIVISION OF COASTAL MANAGEMENT Complete Marine Construction Service For Over 32 Years Piers N Bulkheads N Floating Docks N Boatlifts N Pilings N Repairs U.S. Postal Serviceir., n CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) -13 For de ivory information visit our yobs'le at www.usps.com ru PostaMR 1 2009 r--1= Iliad FePe� 'VISION p U Ll l- Postmark 1 / (Endo ,L MANAGE VI E N? Here l� Restricted Delivery Fee rR (Endorsement Required) ri m Total Postage&Fees ul Sent To 1114-1114V- N 'Street Apt.No.; ,aaa `� /i • or PO Box No. 7} 7 f Q City,State,ZIP+4 �L/av `r Imp 4 8.11.4 PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiceirJ o CERTIFIED MAIL,,, RECEIPT Er (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com4;, J3 OFFICIAL Postage $ • • Certified Fee � (EndorseRetur ipt uir /� � stmark Here O Restricted li �� (Endoreem u I V E 1 m Total Po 4&Fees ITth!R + " 2009Ln Li; Sent To • Street,Apt No.; ! i o ��r' orPOBox No: t 'tn, (r .tfi 2' City,State,ZIP+4 n $ PS Form 3800.June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign/ /J '// item 4 if Restricted Delivery is desired. X - -1 e C 7) l�� ❑Agent ❑Addressee • Print your name and address on the reverse so that we can return the card to you. B. R ar eed by(P' ted Name C. Dat,�of Delivery • Attach this card to the back of the mailpiece, O r1z5/01 or on the front if space permits. Ld nt from item 1? ❑Yes .� a Elie r 1. Article Addressed to: I YES, er I've a ress below: 0 No ,t& V/ j j MO 2 6 2009 3/41 0L/ DIV 6I COASTAL M I �y�e 1�91AI 1 C �+7cpress Mail 6,/4 )44/ 77/4 i N Z. 0 Registered Return Receipt for Merchandise ((/ 6 ��1 21*./ 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?5L- ' (Extra Fee) 0 Yes 2. Article Number 7 51� 1�ob3 d 334 `j (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signature nn❑Agent and 3.Also complete -EJ addressee • Complete items a1 2, is desired. X ' ' item 4 if Restricted Delivery pried Name) C. Date of Deld • Printo at we arne and address n yoheu. reverse B. Received by A. / �die _ eol so that can return the card to you• 5;4, e, 0 Yes ■ Attach this card to thebpaer of the mailpiece, D Is delivery address different from item 1? 0 e or on the front if spaceIf YES,enter delivery address below: Nc 1. Article Addressed /n, 7 , I �� IPA N.J. ... CJiLI 70 yb °>~ I MAR 2 6 nos 3. Se- pe ' I « t'g•ed Mail ❑Express Mail /,, �( _ 0 Return Receipt for Merchandise ecie�l 1l r VISION 0 ❑Insured MailCl C.O.D. UU �L M A N AG T i m ted Delivery?(gym Fee) 0 Yes l .ci7 3 ,✓d'� 2-M_1540 2 Article Number �db 102595 0 (Transfer from service label) Domestic Return Receipt PS Form 3811,February 2004 EC ..J _�1 ►Illill�lllll���IliI�I�I!il�� EIV 1� 20050 L..IIIlllllllll�llllil�l1l 44603 MAR 1 9 2009 FOR REGISTRATION REGISTER OF DEEDS REBECCA P SMITH NEW HANOVER COUNTY, NC DIVISION OF 2005 RUG 05 03:40:15 PM COASTAL MANAGEMEN1 BK:4885 PG:2614-2617 FEE:$20.00 NC REV STRMP:$3,300.00 INSTRUINT # 2005044603 NORTH CAROLINA GENERAL WARRANTY DEED Prepared by: W. A. Raney, Jr. , Attorney, P.O. Box 1049, Wilmington, NC 28402 . The preparer has not examined the title to the property described hereinbelow. Return to: VjelVVIL. elLLAJAJ Parcel #R04512-001-019-000 NORTH CAROLINA NEW HANOVER COUNTY DATE: August 3, 2005 GRANTOR: JOSEPH B. DAVIES and wife, ELSA F. DAVIES GRANTEE: EDWARD S. TURLINGTON and wife, REBECCA R. TURLINGTON ADDRESS: P.O. Box 1027 Dunn, NC 28335 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSET H: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is acknowledged, has and by these presents does hereby grant, bargain, sell and convey unto the Grantee in fee simple all of that certain lot or parcel of . . , . Li1L V 1L2 '1 MAR 1 9 2009 JJ DIVISION OF COASTAL MANAGEMEN1 land lying and being in Harnett Township, New Hanover County, North Carolina, and being more particularly described as follows: Being all of Lot 14, Section 3 of the property of The Figure Eight Island Company as shown by map thereof recorded in Map Book 13 at Page 10 of the New Hanover County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1093 at Page 866, New Hanover County Registry. TO HAVE AND TO HOLD the above-described lot or parcel of land, together with all privileges and appurtenances thereunto belonging, unto the Grantee, his heirs and assigns, in fee simple forever, subject to the following: the lien of New Hanover County ad valorem taxes for 2005 and subsequent years; easements and restrictive covenants of record; all applicable zoning and land use ordinances, statutes and regulations. AND the Grantor, for himself, his heirs and assigns, covenants with the Grantee, his heirs and assigns, that the Grantor is seized of the premises in fee and has the right to convey the same in fee simple; that the same is free and clear from all encumbrances, except as set forth herein; and that the Grantor does hereby and will forever WARRANT AND DEFEND the title to the same against the lawful claims of all persons whomsoever; except that the Grantor does not warrant any portion of the property lying below the mean high water line of tidal waters. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. T-a'y (SEAL) Jo i iri9442°11 ../fre.4_,, ..y‹ ZTA....p.1.4:114_, (SEAL) Elsa F. Davies 2 RECEVE .. MAR 1S 2a99 NORTH CAROLINA DIVISION OF NEW HANOVER COUNTY COASTAL A:RANgnF 1 _ MEM I, � MAca r\X--T', A'kb 1f� , a Notary Public, do hereby certify that JO PH B. DAVIES and wife, ELSA F. DAVIES personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal, this the LW-. day of August, 2005 . Notary Public My commission expires : okLY T. it, * ** _ % A . As cc °` WAR\REALPROP\R05-152-002 3 4 **pilot 4, ' * --',11 ilig:ili7,4, 1'0 r 4 * 704: - ' 'Lvme,. ,a‘iie.`:::.7.;*,"4-1141 , ir,o4,.,,,0:, Y:�1 , 4i 1 v}.�r1J' ikeS �G/l/�IJI/� si6'w,k.4A4 ��J r I�V�9p,, .,.,.., , ,iI ,,,,,_ „ „R, MAR ' y.u. cogs D,V iO Tq L 'O OF. REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ******** **************** ***'*'*********************AAAAAAAA***********'****AAA A A A AAAA A A A A AA Filed For Registration: 08/05/2005 03:40:15 PM Book: RE 4885 Page: 2614-2617 Document No.: 2005044603 DEED 4 PGS $20.00 NC REAL ESTATE EXCISE TAX: $3,300.00 Recorder: NANCY A SCOTT ********A A AAAAA*A*AAA..A A A A A A A A A A A A A A A A AA AAAA******A*******Infrk****************•***********************A A A A A A A A A A A A A******* State of North Carolina, County of New Hanover The foregoing certificate of KIMBERLY T WALTON Notary is certified to be correct. This 5TH of August 2005 REBECCA P. SMITH , REGISTER OF DEEDS ,ii, lc i .�► Deputy/Assistan Registe�'eeds * ************************* *** .wlwl **** ***********************************************AAA*AA* YELLOW PROBATE SHEET 1S A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. * 2005044603 * 2005044603