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HomeMy WebLinkAbout98-05 Latitude 34 Yacht Club Permit Class Permit Number NEW 98-05 STATE OF NORTH CAROLINA a partment of Environment and Natural Resources and JUL 1 3 2005 Coastal Resources Commission lb . ikrmtt ead Moreh City y DCNA UP )p 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 Latitude 34 Yacht Club,P.O. Box 3034, Topsail Beach,NC 28445 Authorizing development in Pender County at adj. Banks Channel/Topsail Sound, 1520 Carolina Blvd.. Topsail Beach , as requested in the permittee's application dated 2/22/05. including the attached workplan drawings (3), dated 2/24/05 This permit, issued on Jnne 29, 200-5 , 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) Pilings from the existing pier structure, as well as any remnant pilings from previous structures, shall be removed in their entirety prior to construction. In the event that a piling breaks during removal and cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body if prior approval is received from the Division of Coastal Management. 2) This permit authorizes only the floating dock, finger piers and associated pilings necessary for the docking facility located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 1 personnel when the project is inspected for compliance. har es S. Jones, Director Any maintenance work or project modification not covered ivision of Coastal Management hereunder requires further Division approval. n rr ..,._t.._must,...,.,.c-Wh.....t c it,....:___ -_ This narmit nnr9 the nnnriit;nnc nra harahv arrantarl L wvin'"o�w"a� nu�.i'un.Y�uuu�..nruw vu �.....i................... .................»..,...,.....� ...... cember 31, 2008 issuing this permit, the State of North Carolina agrees our project is consistent with the North Carolina Coastalgement Program. Signature of Permittee Latitude 34 Yacht Club Permit#98-05 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 shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. :p4 4) No portion of any structure shall be located within 37 feet of the near bottom edge of the federally maintained channel. An as-built survey shall be performed on the docking facility, and copies of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 60 days of completion of construction. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) 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. 7) 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. 8) The authorized structure. and associated activity shall not cause an unacceptable interference with navigation. .9) This permit shall not authorize the interference with any existing or proposed Federal project, and the permittee shall 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. 10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) This permit authorizes a maximum of ten boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will require that the docking facility be classified as a marina, and will therefore require review under the N.C. Environmental Policy Act(NCEPA). 12) _ __In.order.to ensure that.the project does not lead to-a closure to waters that are_currently open to the taking of shellfish,no vessels shall dock along the east side of the permitted access pier. Latitude 34 Yacht Club Permit#98-05 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. General 13) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include,but are not limited to, a removal of any authorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 14) 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 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. 15) No excavation or filling of any shallow water bottom or any wetlands is authorized by this permit. 16) The West Indian Manatee (Trichechus manatus), which was listed as a federally endangered species,has been reported in the waters in Pender County. In order to protect the West Indian manatee all work should be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May be Used by the West Indian Manatee in North Carolina"must be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050554. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500680. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 29, 2005 Latitude 34 Yacht Club P.O. Box 3034 Topsail Beach,NC 28445 Dear Sir or Madam: 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. Please sign both the original (buff- colored form) and the copy. 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. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. 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 is 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, ve Doug as V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lat. 34 Yacht Club 2. LOCATION OF PROJECT SITE: The property is located at 1520 Carolina Blvd, adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. Photo Index - 2000: 25-323: M,N-(7) 1998: 13-287: N-(21) 1995: 25-306: L,M-(21) 25-323: M,N-(8) 13-287: M,N-(8) State Plane Coordinates -X: 2,408,811 Y: 222,928 GPS File: P-030816A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 03/08/05 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—Complete on 03/14/05 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Topsail Beach Classification From LUP- Developed (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing— Septic Tank Planned -None (F) Type of Structures: Existing —Bulkhead, boat ramp, Commercial bldg. (highground) Planned—Private 10-Slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source -N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Incorporateil (B) Non-Vegetated Wetlands - open water 5,460 ft.2 (C) Other (D) Total Area Disturbed: 5,460 ft.2 (E) Primary Nursery Area: NO (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Lat. 34 Yacht Club Page Two 9. PROJECT DESCRIPTION: The project site is located at 1520 Carolina Blvd., Banks Channel/Topsail Sound in The Town of Topsail Beach, Pender County. The property is bordered on the west side by Banks Channel/Topsail Sound. According to the permit application this tract consists of 8 lots with a total combined area of 52,000 sf.2. There is an existing commercial structure with a restaurant and a vacant store on the first floor and rental space on the second floor. There is a gravel parking lot approximately 10,247 sf.2 located on the northeastern side of the project site. In addition,there is an existing bulkhead that runs the length of the shoreline of the project site and an existing 19' x 50' boat ramp on the northeastern side of the project site. This location was formerly known as the Sound Pier. A ten slip docking structure was permitted at this facility under CAMA Major Permit#86-97 on 6-25-1997. This structure was recently removed. The normal high water at this site is located at the base of the existing bulkhead. Banks Channel is approximately 1200' wide at this location. Banks Channel provides access to properties to the north and south of the project site. The vegetation on the high ground area includes bermuda grass and other ornamental plants. There are no coastal wetlands located in the project site. The Topsail Beach Land Use Plan classifies the upland areas of this project as developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has designated this area of Topsail Sound as not a primary nursery area, and the waters adjacent to the proposed project are open to the harvesting of shellfish. The applicant proposes to install a new 10-slip docking facility. The docking facility will consist of one 6' x 210' floating dock, five 5' x 30' finger piers and 12 mooring pilings. The new dock will terminate no further waterward than the previous facility. The water depth at the end of the structure is—5' mean low water(MLW). Banks Channel is approximately 1200' wide from edge of bulkhead to edge of marsh at this location. 10. ANTICIPATED IMPACTS The proposed development will incorporate 5,460 sq2. of estuarine waters and public trust area.No new development is proposed landward of the existing bulkhead. Submitted by: J. W. Giles Date: March 21, 2005 Office: Wilmington Recommendations for State Permit—Lat.34 Yacht Club In the event this permit is approved,this office would recommend that permit for the proposed development should include the following conditions: • 1. 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. •2. This permit authorizes only the floating dock, finger piers and associated pilings necessary for the docking facility located in or over the waters 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 a permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without a permit modification. • 3. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners riparian access corridor,which is determined by drawing a line parallel to the channel,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. This requirement shall be void provided that a written waiver of the 15 feet setback is obtained from the affected adjacent riparian property owner. 4. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. • 5. The permitee must install and maintain,at his expense,any signal lights and signals prescribed by the US Coast Guard through regulations or otherwise,on authorized activities. • 6. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at(910) 395-3900 prior to commencement of any such activity for this determination. 7. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. . 8. The authorized structure and associated activity must not cause I i unacceptable interference with navigation. '9. No excavation of shallow water bottom or any wetlands is authorized by this permit. 10. This permit authorizes a maximum of ten(10)boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 11. No sewage,whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Recommendations for State Permit—Lat. 34 Yacht Club Page Two . 12. 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. ' 13. 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. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 1� �Jb.1VIN FEB 2 4 2005 DU Form DCM-MP-1 DIVISION OF EMENT AMTICATION (To be completed by all applicants) i 1 b. City, town, co ity or landmark l ,�j �a L� I. APPLICANT c. Street address or seconq ary road num er �., a. Landowner: T• Name `� _ Yu� C�� j d. Is proposed work within city limits or planning jurisdiction? _1� Yes No Address f'.0. 303 e. Name of body of water near t project (e.g. r'ver, City BeIC State creek, sound, bay) Zip Qgyq� Day Phone q10-a(oy�3y Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name ���;Gr/ � d�►� iu��.✓ �a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and L excavation and/or fil)ing acti ities Address go l And k M rk A- in 4LM& S� City State Zip Day Phone 9w 'C�30 25:b b. Is the proposed activity maintenance of an existing project, new work, or both? /UGW puog-Z Fax c. Will the project be for ppblic, private or commercial use? Dl i✓c�-!. j c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE. Perndt will be issued in name oflmtdowner(r), and/or project name. additional pages. r o 2. LOCATION OF PROPOSED o„r,{ PROJECT a. County Revised 03/95 Form DCNI-MP-1 4. LAND AND WATER m. Describe existinA wastewater treatment facilities. -�� CHARACTERISTICS a. Size of entire tract .S� �� .5� n. Describe location and type of discharges to waters 1a07���v' of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Z'� bAA 4,, riy-) /yam wastewater, industrial/commercial effluent, "wash down" and resj ential discharg c. Approximate elevation of tract above MHW or NWL �D d. Soil type(s) and to ture(s) of tract o. Describe existing drinking water supply source. fe. Vegetation on tract P f. Man-made features no on tract Aw •% ' t,,, f ' 5. ADDITIONAL INFORMATION g. What is the CAMS Land Use Plan land In addition to the completed application form, the classification of the site. (�nsutt the local land use plan.) following items must be submitted: I Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then i4j/1t'SS forward a copy of the deed or other instrument under which the owner claims title, plus written permission i i. Is the proposed,,project consistent with the applicable from the owner to carry out the project. 1 zoning? V Yes No (Attach zoning ao,.Dliance certificate, if applicable) An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assess ent been ink on an 8 1/2" by I1" white paper. (Refer to done for the tract? Yes ✓ No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or a igible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by / applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? , Yes V No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anach doatnsentation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 ECENE Form DCM-MP-1 FEB 2 4 2005 ! DIVISION OF site. Include highway or secondMA0T UM1ANA numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. ii • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name _ d I certify that I am authorized to grant, and do in fact, Address 7. Por A Seran .S�r/i�c.[�N6- grant permission to representatives of state and federal Phone II review agencies to enter on the aforementioned lands in io with evaluating information related to this Name /i'IGt ti �� "bp� plication and follow-up monitoring of the Address A c li project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone tt • This is the day of �C-�. , 19_�C�D`j A list of previous state or federal permits issued for ` 1_ work on the project tract. Include permit numbers, Print Name permittee, and issuing dates.4Signature A' JA il I.mdowwr ct riled Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. . DCM MP-3 Upland Development • A signed AEC hazard notice for projects in DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. i Revised 03!95 CA1 LA, Major Development Permit Application Checlaist This checklist is provided solely as an informational resource for permit applicants. A./� p pp prospective applicant is not required to fill out this checklist and it is not required that this checklist be provided to the Division. Pre-application Meeting «Mule it is not required,you are stron,lr encouraged to schedule a pre-application site visit«nth a CAMA field representative. Such a meeting can greatly aid in expediting the review of your permit application. PERMIT APPLICATION FORMS Application Forms All applicants must completely fill out all three pages of form DCM MP-1. Depending on the scope of your proposed development,you will also need to fill out some or all of the additional forms listed below: DCM MP-2 Excavation and Fill Information DCM MP-5 Bridges and Culverts DCM MP-3 Upland Development DCM MP-6 Marina Development tv6CM MP-4 Structures Information DCM MP-7 Urban Waterfront All questions on the application forms must be completed or the letters"N/A" must be placed in each item that does not apply to your proposed project. All of the information provided in these forms must accurately correspond with the submitted workplan drawings. WORKPLAN DRAWE\TGS Drawings must be neat,clear,and of standard size to permit photographic reproduction. If blue prints or sheets larger than 11"x 17"are used,27 copies must be submitted(it may be advisable to request that a CAMA field representative inspect a final copy of the workplan drawing(s)prior to making the required 27 copies). Each drawing must have a simple title block,which should include the applicants name, drawing number(i.e. Page 1 of 4)and the date the application was prepared.Undated drawings can not be accepted. The work-plans must be accurately drawn to scale(1"=200'or less) (example: V=30'. 1"=50', 1"= 100' etc.). The scale must be indicated on each drawing. All blueprints should be folded to legal size or smaller. �= Location Map Your application must include a map showing the location of the proposed work or development. This map must provide adequate information to allow someone unfamiliar with the project area to locate the project site. Top or Plan View Drawing Your application must included a drawing(s)showing the following: Existing and proposed features(ie. dunes, shorelines,water bodies,marsh lands, wetlands, existing and proposed man-made structures,exact areas and dimensions of proposed excavation,fill and/or spoil disposal,existing water depths,approximate mean high, low, and average water levels,property boundaries and riparian corridors,width of the adjacent waterbody,distance of proposed structure(s)to federally maintained channels,and names of adjacent property owners). =� Standard north arrow. Form DCM-MP4 �j ,jj�d IVE FEB 1 4 10Z STRUCT 9 CO DIVISION OF (Construction within Public Trust Areas) ASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys /'� I Permit, Form DCM-MP-1. Be sure to complete all (1) _Commercial _Community_Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy C� � (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) '�``� (1) _Commercial _C=U ity_)Private (2) Number (3) Length /0 (4) Width of water body (4) Width _ Lo (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number -S (ii) Length id f. Mooring structure(boatlift, mooring pilin , etc.) (iii) Width S (1) _ Commercial — ommunity Private (6) Platform(s) Yes _Y_ No (2) Number /2 (i) Number — (3) Length / Id A 4 iiwr (YWf') P)0 (ii) Length (4) Width 4114 (iii) Width (7) Number of slips proposed 10 g. Other have comp-we deacripiian) / (8) Proximity of structure to _pdja� nt riparian property lines /S'Sckfk 5PC-- I P'neA51-10 (9) Width of water body 0 goo/ (10) Water depth at waterward end of pier at MLW or NWL 61 b. Boathouse (including covered lifts) (1) Vl/� Commercial Private (2) Length 441110 (3) Width Applicant oq PrIect Name c. Groin (e.g. wood, sheetpile, etc.) (1) Number � 22 Z� (2) Length(s) Ifnave d. Breakwater (e.g. wood,M ile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands /✓//,T (3) Maximum distance beyon W, NWL or wetlands Revised 03/95 w 1 451 Aga r - � ti 5 -- or - � P -t_ gST,4t S p EA - � i i 1.- -._._._ __ ___ 1 r' Cs•� 4 "' ` e 1 J S � Vor 3y° yGG - 5 c, , I F- IMF —a r 1 P i S I 7�qOF - J f O g AGE i l l l l i iL L - c J — — s _ �FyL - - - - -- -- r: 14 1 1 i 00N EMEND C-REUAINS OF OLD DOCK AND PILINGS ?AL 1� 0 1 m � IN 0 1 1` 1 I N"54J6'09 E 179.43' � SULKN ?3 Ln - I I $ \ 1y7 oo O — AE(OODZI �(E OD ZONiAE (EL 12) l lC N I 6t.10 I v saID- 19 o ds ¢� s114 oozy 1 61.10' + s � j ; N ` e'f9o• -------- CARD *' m% LINA BOUI, A 42!46'9 4 I'E 30.39' N 61 1 q.00 E 61)0'% IV 61'14'00 E 61.10, ISs (60'R/W) °o $ mTa w 60,94' e m Y m o � ^o Bl�,'10 I N R Ln o r°qL�� {s w ;SqY� 'n rq 6 2i i t 8 s A � N ' q4 z s s w o 41 s a t*j S 5B S4'S - 60.68' S SB 4 m 9)6 Sy 60.66' 4At `GOD IO ? FLOOp ZO—� � � g (EL 1 1 r T r rP �G m' tt Rip F, Ej �n�'�B`SO O IV .o DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Latitude 34 Yacht Club, LLC County: Pender LOCATION OF PROJECT: 1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach. FORIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/14/05 IF FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No APR 0 4 2005 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes Morehead City DCM FIELD REPRESENTATIVE: Jon Giles DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 0 o a5 FEE REC'D:$ PUBLIC NOTICE REC'D: END OF NOTICE DATE: ©-1/2o/v5 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: �6.. 1 It ON: 14/5-/B5" C) 75 DAY DEADLINE: 05/28/05 150 DAY DEADLINE: ( 8-1/- D5 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES 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) ��-��3-oS e-X f State Property Office 0 5 Division of Archives&History q-1q- cs- A� Division of Environmental Health q-11-05- Division of Highways Wildlife Resources Commission 6' Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit# qS C75 DCM Coordinator: &Li zN MAILING DISTRIBUTION: / Permitee: Lc"4. Agent: DCM Field Offices: Eliza orehead C' Was in ton ilmi to US Army Corps of ngineers(USACE): Washington: Mike Bell'(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: D enry Wick Others: Cultural Resources: ene dhill- Environmental Health: e e Marine Fisheries: ike St NCDOT: e Shellfish Sanitation: a State Property Office: ose h Water Quality: di Karoly(for non-DO Jo CD T) Water Resources: ohn Suth Wildlife Resources: Maria Tri W David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at 610L r�, C le)328-o2-Z6 DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) - Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 MEMORANDUM To: Jonathan Howell From: Mike Christenbury, District Planner Subject: Consistency Determination-Latitude 34 Yacht Club, Pender County Date: June 21, 2005 Description: The applicant is proposing to construct a 10-slip private docking facility at an existing commercial establishment at 1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach. I have reviewed the proposals for consistency with the Topsail Beach Land Use Plan and offer the following comments. In general, Topsail Beach 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 policies appear to be applicable to these projects. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Topsail Beach Land Use Plan Update. Cc: Jim Gregson Jon Giles j' DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: June 9, 2005 Regulatory Division Action ID No. 200500680 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Let 34 Yacht Club for a Department of the Army permit request to construct a 10-slip private docking facility at an existing commercial establishment located at 1520 Carolina Boulevard, Banks Channel/Topsail Sound, in the Town of Topsail Beach, Pender County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 7. 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. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. Approval of the structure was based on determinations that there would be no obstruction to navigation. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 2 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 16. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Pender County. In order to protect the West Indian manatee all work should be done during the period from November I to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 17. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 3 18. 13. No portion of any structure will be located within 37 feet of the near bottom edge federally maintained channel. An as-built survey will be performed on the pier/docks upon completion of the project and sent to the Wilmington Regulatory Field Office. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources Mr. Ronald J. Mikulak, Chief 1650 Mail Service Center Wetlands Regulatory Section Raleigh,North Carolina 27699-1650 Water Management Division U.S. Environmental Protection Agency Mr. Pete Benjamin 61 Forsyth Street, SW U.S. Fish and Wildlife Service Atlanta, Georgia 30303 Fish and Wildlife Enhancement Post Office Box 33726 Mr. Jim Gregson, District Manager Raleigh,North Carolina 27636-3726 Wilmington Regional Office North Carolina Division of Coastal Mr. Ron Sechler Management National Marine Fisheries Service 127 Cardinal Drive Extension Habitat Conservation Service Wilmington, North Carolina 28405 Pivers Island Beaufort, North Carolina 28516 Commanding Officer U.S. Coast Guard Marine Safety Office Mr. David Rackley 721 Medical Center Drive, Suite 100 NMFS, Habitat Conservation Division Wilmington,North Carolina 28401-4895 219 Fort Johnson Road Charleston, South Carolina 29412-9110 4 J) Ity DCM 0 North Carolina Wildlife Resources Commission 0 Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett,Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator " Habitat Conservation Section DATE: June 7, 2005 SUBJECT: CAMA Dredge/Fill Permit Application for Lat. 34 Yacht Club, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1520 Carolina Blvd, adjacent to Banks Channel/Topsail Sound in Topsail Beach,NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. The new 210' floating dock with five 5' by 30' finger piers and 12 mooring pilings will extend no further than the previous facility.Topsail Sound at this location is classified SA by the Environmental Management Commission and are open to shellfish harvesting. NCWRC has corresponded with NC Division of Marine Fisheries and does not object to the project as proposed. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252) 948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 0 Fax: (919) 715-7643 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 2, 2005 Latitude 34 Yacht Club P.O. Box 3034 Topsail Beach, NC 28445 Dear Sir or Madam: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a 10 slip private docking facility at an existing commercial establishment in Pender County adjacent to Banks Channel / Topsail Sound at 1520 Carolina Blvd., Topsail Beach, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 11, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Do Huggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net DEPARTMENT OF THE ARMY "A WILMI NGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMI NGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 3, 2005 Regulatory Division l Action ID No. 200500680 1 Lat 34 Yacht Club Post Office Box 3034 Topsail Beach,North Carolina 28445 Dear Madam or Sir: On January 1, 2005,we renewed general permit No. 198000291 (copy enclosed),which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to construct a 10-slip private docking facility at an existing commercial establishment located at 1520 Carolina Boulevard, Banks Channel/Topsail Sound, in the Town of Topsail Beach,Pender County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the„North Carolina Division of Coastal Management. - -Comments from Federal review agencies will be furnished to the State. -� If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result,in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should begin work. Your application,pursuant to Section 10 of the Rivers Harbors Act,has been assigned Action ID No. 200500680 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry Wi er Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Ms. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 ids DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS P.O. BOX 1890 k l , �r77 WILMINGTON, NORTH CAROLINA 28402-1890 %4 I if IN REPLY REFER TO r_ _ ,( w MAY p 9 Regulatory Division J �) 2005 Action ID. D DS D 0 Applicant: &N �Q. ti Lt �1 =head City DCM Waterway: 89 nks 0,r 41,,„J County: Pe4l Type Work: Ar Mr.Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr. Ronald J.Mikulak,Chief Without enclosures Wetlands Section—IV Water Management Division Mr.Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street,SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 400 Commerce Avenue Mr. Pete Benjamin,Field Supervisor Morehead City,North Carolina 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement Post Office Box 33726 t egional Office Raleigh,North Carolina 27636-3726 Division of Coastal Management NC Department of Environment,Health Commanding Officer and NatuTal Resources _ United States Coast Guard , ( _ -' - -Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to the undersigned, available at telephone (910)251-4930. Sincerely, Henry Wic er, Project Manager Wilmington Regulatory Field Office Enclosure 1 A•'Ar NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 25, 2005 111Af 4 2005 David Johnston Latitude 34 Yacht Club Merehead City PO Box 3034 y DCib Topsail Beach,North Carolina 28445 Subject: EXEMPTION Stormwater Project No. SW8050327 Lat. 34 Project Pender County Dear Mr. Johnston: The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. The 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 of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality 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. By copy ofthis letter,we are informing you that your 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 dischar a from projects meeting these criteria. The stormwater rules require the Division of Water 6uality to permit the common plan of development, therefore, any future development on the property,regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at(910) 395-3900. Sincerely, C\-T•-w� Jam s Gregson is 'ct Manager JG/bar: cc: Ren Holt, Pender County Inspections Doug Huggett, DCM Charles Jones DWQ DWQ Central Files Allied Marine Contractor, LLC 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-395-3964\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper April 6, 2005 MEMORANDOM TO: Doug Huggett Major Permits Processing Cordinator From : Edward Jackson Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. Proposed Project: 10 Slip Private Marina, applicant is proposing the construction of a ten-slip private dockage facility, at an existing commercial establishment. The proposed private dockage facility will be located in waters that are open to the harvest of shellfish. The subject 10-slip dockage facility would not cause closure of open shellfishing waters in accordance with 15A NCAC 18A. 0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS. However, if greater than ten vessels were to use the facility for temporary or permanent dockage, appropriate closures to open shellfishing waters would be recommended. NCDENR North Carolina Department cf Environment and Natural Resources Division of Coastal Management Michael F.Eas ey,Governor Charles S.Jones,Director Wiliam G.Ross Jr.,Secretarf Alarch 28, 2005 Y MEMORANDUM: APR 1 1 2005 TO: Jason Epley Morehead City D►CM Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Latitude 34 Yacht Club,LI_C Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound.in Topsail Beach, Pender County. Proposed Project: The applicant proposes to gonstruct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20,2005. If you have any questions regarding the proposed project, please contact Jan Giles at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment an 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 Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001FAX: 910-350-2004NInternet: mvw.nccoastalmanacement.net Ai Equal Opportunity\Affirmative Action Employer-5C%Recycled 110%Post Consurrer Paper Cl SES2-LEb-016 jawo-4sn0 paJJaJaJd d90 =Z0 s0 t►0 add 1 4 WDENR liar APR & l005 North Carolina Department of Environment and Natural Re o rces 9 Division of Coastal Management ®reheat ""I`y DOM Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 MEMORANDUM: TO: Patty Fowler OR 3 Q M% l� NCDENR-Division of Environmental Health Shellfish Sanitation Section SHELLFISH SANITATION FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: 'Ciatitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 'G This agency has no comment on the proposed project. !ee r4tt,4 c.1,oc f' e/Lt CJ 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. �vr IOG+tt' P-Oc /c, SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper p CC� OMC APAa8 2005 i NCDENR North Carolina Department of Environment and Natural RbQMFr.-MABlTATPROTECTION Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , U DATE 3 / 127 CaAal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper APR-15-2005 1_3:20 JACKSONVILLE DISTRICT 9103468030 P.02 004 APR 0 4 2005 .,..r��. SPA 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F,Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary March 28, 2005 MEMORANDUM: TO: Ken Pace NCDO 1' State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Latitude 34 Yacht Club,LL C Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: 'llic applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20,2005. If you have any questions regarding the proposed project,please contact Jon Giles at(910) 395-3900. When appropriate,in-depth comments with supporting data is requested. REPLY: Y 'Phis agency has no objection to the project As proposed. i; Y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. Sec attached. This agency objects to the project for reasons described in the attached comments. SIGNED QM►+f DATE 127 Cardinal Ddve Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal opportunity 1 AlTimwiive Action Employer-50%Recyded\10%Post Consumer Paper TOTAL P.02 T51, Pip�S6 0 % MAR 31 2005 NCDENR North Carolina Department of Environment and Natural Resources A ' Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary r t� March 28, 2005 17 2 3 Morehead City DCM MEMORANDUM: / TO: Renee Gledhill-Early NC Dept. of Cultural Resources 1 Archives & History FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, rth Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper APR 0 11 2005 likk LT_W,A A NCDENRF '__ __ _ North Carolina Department of Environment and Natural Reces MAR 3 0 2, Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Willi�m'd.'�oss Jr., secretary March 28, 2005 MEMORANDUM: TO: Joe Henderson NC Dept. of Administration State Property Office FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE S 127 ardinal Drive Ext., Wilmington, North Carolina 284 -3 45 Phone: 910-3 5-39001 FAX; 910-350-20041 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �in RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 MEMORANDUM: TO: Dan Sams � ,j kr. ,! '� For James Simmons F� Division of Land Resources FROM: Doug Huggett APR 0 5 Z005 Major Permits Processing Coordinator MOreheaa City DC SUBJECT: CAMA/DREDGE & FILL Permit Application Review M Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (9 f 0) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ZDATE mwau4 .31 , 2c>05 127 Card i a ve Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper .f p Tl�r�tiL• 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 ,[1 D1�41 MEMORANDUM: APR 0 6 2005 TO: Pender Co. LPO Morehead C4 DCM James Canady FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: c 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 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 61i) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 MAR 2 9 2005 �S MEMORANDUM: BY: Q� 3)-7— i TO: Linda Lewis � - 0 C �AA or G IVQ' Noelle Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I ming on,-North Carolina 2 - 45 Phone: 910-395-39001 FAX; 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper e.�. N� NCDENR -� North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 MAR 2 9 2005 MEMORANDUM:'. Q TO: Linda Lewis �,k 4, 20 J5 or l'(` 01-0/� Noelle Lutheran a Division of Water Quality ���J D, M FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Latitude 34 Yacht Club, LLC Project Location: 1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. /)Dc{o/ wR-7nPc_ OLtAr0"�' REPLY: This agency has no objection to the project as proposed.��_rt F'! 41 TIN► !3 96zaL4 1 re D P-O Z 770 This agency has no comment on the proposed project. rra7r:zV_7- 4S '401-e>/d 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. SIGNEDLAa��2.. _6. DATE 14 I ming on, orth Carolina 2 -3845 Phone: 910-395-39001 FAX; 910-350-20041 Internet: www,nccoastaimanageme it.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management i Michael F. Easley,Governor Charles S.Jones, Director Willi t I JUN 2 4 2005 March 28, 2005 Morehead CIty 0CM ' MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Latitude 34 Yacht Club,LLC Project Location: 1520 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound,in Topsail Beach, Pender County. Proposed Project: The applicant proposes to construct a 10-slip private docking facility at an existing commercial establishment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 20,2005. If you have any questions regarding the proposed project,please contact Jon Giles at(910) 395-3900. When appropriate,in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. -� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '"j DATE po-'asl 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DCf.1 so DWO% Development Typo FEE (142CU 1601 435100003 1625 6253) (243C0 1602 435100095 23411 t. prlvil,>.nr;n.e�immmtial d-.,vr!Ir ipmrmt that door no[involvo 5250 100 (_T250) 0%(SO) n:filling or excavation of any w�gand;or eparl w0161 areas: 11. puf)IIC or commercial development hat clots not Involve tha filling or �00 100%(S400) 0 (SO) r,x,,_rv:dicn of any wetland:or open water area• W. For&;vclopment Ihat involves Iho flllrig arntlor exC3vatior,of up 10 1 acra of w-A-3nd3 2ndl0r open w.Mr w.w;,d,;larnAvi it A.E.C,or D braow npplirs: III(A). Fnr Private,non•c0rnmcr6al dPvnlnprncnt,II Ganonl walcr Ouafity 5,=,7 1c0%(5250) C%(SO) Cartifi,::Iion No.3301(sae oWchcd) ain be npplinl: III(P): Far public or commarcial .1w.clopinard.IfGr:nerolwatorCuafry ,00 100%(5100) Q%(:0) Cdrtillc7:icn No.3301(toe altached) .an be Applied: mic). If Gar�c:al 1N;lla Gu�lity C-,,ilric3lion No.3301(set:attached) cull be Opplied,but DCh1 s7.',rT dacermineld diat additional review and :' 0 GCS(S7- ) 40%,(51CC) writtan DWO r.0ncurrenc0 is nPed0l bucauac of eorrecros ralalod t0 water go:,P,ty or ecurdiC 11!0: 111(D). If Ganeral Walrr Qua:icy Cadi6c'rli,;n No.3301 eRachcd) S» 4�%(S160) can not ho appricd: IV. For ricvnlopmenl Ihat invo!vcs the fitting rindforexcavnlion of more 5476 c0%(S?95) 40%(5190) than one nc a or wetland:an filar ppen w.dor are.t.: cm �Ll DDT' [,,J,31 Iva 19, �' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2005 FAX: 910-270-9315 2 Pages Topsail Voice Ms. Michelle Charles Legal Advertisement Section US Hwy 17 Hampstead, North Carolina 28443 Re: Public Notice - Latitude 34 Yacht Club, LLC Dear Ms. Charles: Please publish the attached Notice in the Wednesday, March 30, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 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. Sincerel ` i Beverly Riv ark Coastal Management Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on March 14, 2005. According to said application, Latitude 34 Yacht Club, LLC, proposes to construct a 10- slip private docking facility at an existing commercial establishment, at 1520 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. A copy of the entire application may be examined or copied at the office of Jon Giles at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 20, 2005, 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. 'A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S.Jones,Director William G.Ross Jr.,Secretary March 21, 2005 Lat. 34 Yacht Club Attn: Allied Marine Contractor LLC 101 Parliament Drive Wilmington,N.C. 28411 Dear Mr. Fogleman: The Division of Coastal Management hereby acknowledges that on March 14, 2005, we received your completed application for State approval for the development of property located at 1520 Carolina Blvd, adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender County. The projected deadline for making a decision on your permit application is May 28, 2005. 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 March 14, 2005,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 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. S' erely, t.I-) Jon W. Giles Jr. Field Representative cc: Jim Gregson, DCM District Manager Doug Huggett,DCM Ted Tyndall,DCM Henry Wicker,COE James Canady, LPO AMA P MIT APPLI F 4w Z. PROJECT: . -,J » •ems: L. COMMENTS ACCEPTED THROUGH I A', APPLICANT: FOR MORE DETAILS CONTACT d4a THE LOCAL PERMIT OFFICER BELOW: ae, 64, .;v we 1p aZ s�Nbr:h: COMPLETE THIS SECTION COMPLETE tHI9 SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X✓�71,/ L� , , ,, ❑Addressee so that we can return the card to you. B. Received by(Printed me) C. Date of Delivery ■ Attach this card to the back of the mailpiece, /r �J ]` ✓ �Oj' or on the front if space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: I No �a� ��u, i A �a�►�1I� a� L2 gpi�J SlL2 C OC-I C l AA:A 3. Se ce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 3110 0000 2146 5027 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS SEC77ON ON DELIVERY COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Signature n / ❑Agent item 4 if Restricted Delivery is desired. C�/1 ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Re ei d y( n t ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ,_ or on the front if space permits. D. Is deli ery ress different fro item 1? ❑Yes 1. Article Addressed to: If YE/S,enter delivery address below: ❑ No � lZ �) , �� (2( . r _ ( / 3. Service Type `j jl �1 • ` rtified Mail [IExpress Mail J _ Registered ❑Return Receipt for Merchandise 4J�� ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 3110 0000 2146 5041 (Transfer from service, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 FENDER COUNTY NC 12/21/2004 FILED BK 2 5 49 PG O 8 6 $4000.00 12 STATE O NOS LIMA 'i,_ , Real Estate 04 DEC 21 Pii 3- C 4 U 0 �` ' �PR� t Excise Tax '�� .� v!.;ywL H. S`0iiuECCOr REGISTER OF DEEDS FEB 4 2C05 FE +' ER COUNTY,NC COA �-- D1l !OIV nfe PIN T > L dor County.NC eeds paw /�`�� Pen ��� ORTIi CAROLINA GENERAL WARRANTY DEED Excise T +JUU,tJ✓ ParcelIdentifier o. Verified by County on the day of ,20— By: Mail/Box to: Lee C.Biggar,P.O.Box 2728,Surf City,NC 28445 This instrument was prepared by: Lee C.Biggar,P.O.Box 2728,Surf City,NC 28445 WITHOUT TITLE SEARCH Brief description for the Index: LT VARIOUS LOTS AT NEW TOPSAIL BEACH. THIS DEED made this-A 5 day of J0 e 6e-"'�' ,201L`,by and between GRANTOR GRANTEE Milton Rae Oppegaard and Latitude 34 Yacht Club,LLC Amelia Annette Boryk Oppegaard The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has all that certain lot or parcel of land situated in and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all County,North Carolina and more the City of Topsail Beach Topsail Township, particularly described as follows: See Attached The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book 9 page 52 NC Bar Association Form No.L-3 © 1976,Revised© 1977,2002 Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation,333 E.Six Forks Rd.,Raleigh,NC 27609 E C F2�V TO HAVE AND TO HOLD the afores of or parcel of land and all pn e s and appurtenant 54 bi$;$'t hl Grantee in Yee simple. FEB 2 4 2005 And the Grantor covenants with the Grantee,thatqMtqq Oy"pf the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and fregoAlCarA a1 �c hat Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: Easements and restrictions of record. Zoning regulations and governmental restrictions IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. (Entity Name) Milton Rae Oppegaard By: Title: Amelia Annette Boryk Oppegaard By: Title: By: Title: State of North Carolina-County of , 1,the undersigned Notary Public of the County and State aforesaid,certify that Milton Rae Oppegaard and Amelia Annette Borvk Oppegaard personally appeared before me this day and acknowledged the due execu'on of the foregoing instrument for the oses therein ex ressed. Witness my hand and Notarial stamp or seal this 15 tday g $ pmP .P of �y. ,20Q, — C.2,11GU'AR G�C f:j i -'^�i!A FE,02R COL:;TY My Commission Expires: U State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that personally came before me this day and acknowledged that—he is the of a North Carolina or corporation/limited liability company/general partnership/limited partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of ,20_. My Commission Expires: Notary Public State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of ,20_• My Commission Expires: Notary Public The foregoing Certificate(s)of certified to be correct. This instrument and this certificate are duly reAt8red at the date and time and in the Book and Page shown on the first pa a hereof. 1 ^ Y E egister of Deeds for , QlV� 1l- Count' By. DeputyAUsistant-Register of Deeds NC Bar Association Form No.L-3© 1976,Revised© 1977,2002 Printed by Agreement with the NC Bar Association—1981 SoftPro Corporation,333 E.Six Forks Rd.,Raleigh,NC 27609 . ,g�2549PG088 BEING ALL OF Lots 20,21 &22 Block 38,3rd Subdivision New Topsail Beach per Map Book 4,Page 2; and ALL OF Lots 18, 19&20,Block 40,3rd Subdivision New Topsail Beach per Map Book 4,Page 2; and Lot 23 Block 38,4th Subdivision New Topsail Beach per Map Book 9 Page 52 LESS AND EXCEPT that portion of Lot 23 conveyed to the Amelia Annette Oppegaard Irrevocable QTIP Trust Agreement dated July 7,2004,Book 2434,Page 299. Description below sets forth the portion of Lot 23 which does not convey. BEGINNING at an existing iron pipe on the Northwestern Right-of-Way line of Carolina Boulevard,said iron pipe being the Southern dividing corner between lots 23 and 24 of Block 38 of the Fourth Sub- Division of New Topsail Beach as shown on a map of same duly recorded in Map Book 9 at Page 52 of the Pender County Registry;and running thence,from the Beginning,so located, (1) with the dividing line between said lots North 39 degrees 40 minutes 00 seconds West 89.70 feet to a point on the outside of a sea wall to Topsail Sound;thence, (2) along said wall North 58 degrees 02 minutes 00 seconds East 1.00 feet to a bend in said wall; thence, (3) continuing along said wall North 4 degrees 06 minutes 15 seconds East 16.82 feet to a point in line;thence, (4) North 86 degrees 23 minutes 16 seconds East 65.50 feet(passing over an in line iron stake at 1.30 feet)to an iron stake in the Southwestern Right-of-Way line of Florida Avenue;thence, (5) With said line South 39 degrees 40 minutes 00 seconds East 72.04 feet to a steel nail on the asphalt portion of Florida Avenue that marks the intersection of the Southwestern Right-of-Way line of Florida Avenue with the Northwestern Right-of-Way line of Carolina Boulevard;thence, (6) With the Northwestern Right-of-Way line of said street South 58 degrees 02 minutes 24 seconds West 66.18 feet to the Beginning,containing 5,858 square feet more or less and being a portion of Lot 23 of Block 38 of the Fourth Sub-Subdivision of New Topsail Beach. The foregoing parcel being a portion of Lot 23,Block 38 as shown in Map Book 9,Pages 51 and 52 and Map Book 4,Page.2 of the Pender County,North Carolina Registry. ' Jv ' I, II�� DIVISION OF COASTAL MANAGEMENT